Pretoria - Lawyers for Human Rights approached the Gauteng High Court, Pretoria, this week in an urgent bid to prevent the eviction of more than 100 families from the Nkandla informal settlement in Laudium.
This followed an attempt by the City of Tshwane, the Tshwane Metro Police Department and several security companies to allegedly evict these people without a court order.
It is stated in court papers that the community had to endure three “evictions” over the past few months, during which their structures were demolished and some of their property confiscated.
Deborah Raduba of Lawyers for Human Rights said these attempts rendered the families homeless and left women-headed households, children, the elderly and people with disabilities destitute.
“This is not a mere eviction but also the destruction and theft, under the guise of confiscation, of their personal property,” she said.
It is claimed that security companies not only dismantled the shacks, but that they also took some of the community’s personal belongings in the process.
The Nkandla informal settlement was established on a piece of land on a rocky mountain off Military Road.
Members of the community, faced with poverty, desperation, and lack of shelter as a misfortune brought upon them by unemployment, occupied and settled on the land from the beginning of 2020.
One of the homeless people, Peter Matloa, said in an affidavit before court that they had been living there for two years as they had lost their jobs due to Covid-19.
He explained that although they had lost most of their belongings due to the evictions, they maintained their presence at the property as best as they could, awaiting the next round of evictions.
They are trying to make a living by doing odd jobs.
He said the people were in peaceful occupation of their dwellings until October last year, when the first round of evictions started and several shacks were burnt down. Others were demolished and the building material, along with some of their personal belongings, was carted away.
According to him, they did receive “illegal” notices to vacate the site, but there was never a court order to do so.
He said they were all in a dire financial situation and it wasn’t possible for them to obtain alternative accommodation.
“This served as their home until the start of the cycle of harassment and unlawful evictions in October last year by the City of Tshwane, through the agency of private security and the Tshwane Metro Police Department,” Raduba said.
According to her, the series of harassment and unlawful evictions upon the community by the City resulted in demolished shacks, “confiscation” of the remains of shack structures and materials, and the loss of personal belongings such as identity documents, food, clothes, furniture, appliances, school uniforms and blankets.
“The City of Tshwane supposedly confiscates the people’s belongings. However, the property is nowhere to be found whenever the community tries to retrieve it.
“This amounts to theft and destruction of property, which is a crime. However, it seems that there is little concern because the destroyed or stolen property belongs to indigent people,” Raduba said.
She explained that this had happened several times since last year, and the community had received another notice two weeks ago that they would be forcibly removed from the property again.
Raduba said Lawyers for Human Rights had no choice but to approach the court on an urgent basis to try to assist this destitute community.
“The Constitution clearly states that no one may be evicted from their home or have their homes demolished without a court order.
“It’s unconscionable that the government is not only evicting a community without a court order but is also destroying and stealing their belongings. This is clearly a crime,” Raduba said.
Lawyers for Human Rights, meanwhile, indicated that it also intends to bring a part B application for constitutional damages to be paid to the community members who lost their property.
In an additional step, Lawyers for Human Rights was asking the court to declare the alleged conduct of the City not only unlawful but illegal as well.
The City has not filed any opposing affidavits in the matter to explain its side.
The court did not decide on the application this week.
Pretoria News