Family to appeal eviction from District 6 ruling

OCCUPANTS of a District Six property have been given until the end of next month to leave, the Western Cape High Court has ordered. Rural Development and Land Reform Minister Gugile Nkwinti had gone to court and alleged Shahieda Boyes, her husband Farouk and her parents Yusuf and Leqa Williams have been illegally occupying the house number 5 E in Reform Street since April 2014.

Boyes and her family said they had been informed by the late Sedick Christians, a trustee of the District Six Beneficiary and Development Trust, that in August 2013 they would be allocated an apartment in District Six following their land claim application.

He handed them the keys in April 2014 at the District 6 Community Offices.

The Boyes and Williams families moved from Kewtown to District Six toward the end of April 2014 and on May 23, 2014, they were informed by officials of the Lands Claim Commission that their occupancy was unlawful. They were then requested to vacate the property. Nkwinti, in court papers, stated that a detailed paper trail exists for each successful claim and an allocation of a property did not exist for the Boyes and Williams’ apartment.

Christians had not been authorised to hand over keys without first adhering to the department’s signed documentation and handing-over procedure, said Nkwinti.

Judge W H van Staden ruled that both families should vacate their home by March 31 and, failing that, they will be evicted.

In his ruling, he said Boyes and her husband were offered “alternative emergency accommodation in temporary relocation areas” which they turned down.

Boyes said they were due to meet a Legal Resources lawyer today in a bid to appeal against the ruling. They would also approach the SA Human Rights Commission for advice, she said.