The Western Cape High Court has given the City the green light to evict at least nine families from the homes they were living in at the Belhar Pentech Housing Project since 2021.
The residents now have just a few months to move.
“The second to eighth respondents, (and the) tenth respondent and all those holding title under them are ordered to vacate the following units at Belhar Pentech Housing Project on or before 6 January 2025. The applicant (the City) is directed to make suitable emergency housing available at Leonsdale to any respondents who request access thereto and who have accepted the City’s offer within 30 days of date of this order.
“In the alternative, and should any of the respondents indicate such election, the City is directed to provide emergency housing kits to such respondents. In the event that the respondents and those holding title under them do not vacate the units by 6 January 2025, the Sheriff of the above Honourable Court or his deputy is hereby authorised to evict them on or after 7 January 2025,” read acting judge Mas-udah Pangarker’s order.
The matter relates to the City’s housing allocation policy concerning the project in question which involved 340 low income housing units forming part of the government’s housing subsidy programme which commenced in 2007, according to court papers.
On May 16, 2021, members of the community had gathered at Harvard Street in the Pentech project “and demanded that nine families from the area be allowed to occupy these units”.
The communities, according to court documents, had argued that they were informed by City officials that the Pentech units would be earmarked for the locals in the area but people from other communities received the units, which the City denied.
They further argued that they took occupation of the units out of desperation and the homes were unoccupied for about two years and regularly vandalised and used for illegal activities.
They also argued that they were unaware of the right of appeal regarding the allocations and/or housing policy, to the city manager.
Meanwhile, the City maintained that the families were not beneficiaries of the units and none of them used the appeal process in terms of its housing allocation decision by appealing to the city manager.
The City also disputed that the units were empty for two years, as well as an official giving the families permission to occupy the homes.
“The City welcomes the judgment finding the City’s eviction order of illegal occupiers in its Belhar Pentech housing project ‘just’ and ‘equitable’.
We have been standing up for the families who have been disposed of by the unlawful occupiers.
“The City has offered emergency accommodation at a site in Leonsdale once ready, or in the alternative, emergency housing kits. Further, the unlawful occupiers may not insist on alternative accommodation in Belhar,” said Human Settlements mayco member Carl Pophaim.
Lawyers for the families did not respond to requests for comment by deadline on Wednesday.
Cape Times