Cape Town - Mayor Geordin Hill-Lewis says the City does not get involved in evictions on non-council properties unless explicitly ordered by the courts to assist the sheriff to execute an order.
Hill-Lewis was speaking during a recent virtual meeting with housing activists, who are tenants of the social housing giant Communicare, at which allegations were made about City law enforcement officials and metro police working with landlords to evict people illegally.
Community activist Colin Arendse told the meeting that he had received “reliable intelligence” that very soon tenant beneficiaries of Communicare might be subjected to illegal evictions and that those evicting them would be protected by City metro police and law enforcement and that the move had been agreed to at a secret meeting.
Activist Loyiso Nkohla, who co-chaired the meeting with Hill-Lewis, said he and his fellow Communicare tenants had proof of their allegations and would produce this at their next meeting with the mayor.
He said they had seen previous irregularities involving City law enforcement and metro police officers in Bishop Lavis and at the Albatross complex in Thornton where the sheriff was not present for the full duration of the recent evictions and where City staff physically participated in evictions despite the City being respondents in court proceedings.
Mayoral spokesperson Greg Wagner said: “The mayor assured the residents that law enforcement or metro police can only assist in evictions where an eviction notice or court order can be produced.
“The City cannot get involved in disputes between tenants and private entities or property owners as the property in question does not belong to the City.”
Communicare chief operating officer Makhosi Kubheka denied that they were complicit in any illegal evictions. She said they follow due process and that eviction proceedings are launched only after an eviction order has been granted by a court.
“The court considers each case on merit following an investigation of the circumstances in each instance and applies the relevant legislation and decides whether an eviction order is warranted.”
She said that as a non-profit social enterprise, Communicare could not afford the non-payment of rent. The organisation depends on the income to maintain its properties and invest in other housing developments for residents of Cape Town.
“In Ruyterwacht, some tenants have not paid rent for three or more years. At present, a total exceeding R17 million is due to Communicare in rental arrears in Ruyterwacht alone.
“Despite every effort by Communicare to negotiate the repayment of rental arrears and ensure the consistent payment of monthly rental, the organisation had no option but to seek legal recourse.”