Municipality to oppose housing order

THE Stellenbosch municipality will oppose an interim spoliation order granted by the Stellenbosch Magistrate’s Court, ordering it to supply housing to those whose shacks were demolished in Bloekombos, formally known as Lanquedoc, a municipal official has said.

The court order was granted after six residents of Bloekombos applied to the magistrate’s court to have their rights to their property and occupancy restored. The residents added mayor Gesie van Deventer as a respondent in the application, claiming the municipality and its officials had acted under her direction and authority.

According to their affidavit, the residents had been living on land owned by the Boschendal Treasury Trust, with the implicit consent of the owners, since 2014. This arrangement was disturbed when law enforcement officers arrived at the property on August 16, and warned the residents that they would demolish their homes if the residents did not demolish them themselves.

The following day, law enforcement officers removed the building materials, personal effects and clothing of residents without their consent.

The residents claimed the municipality did not have a court order and that the evictions occurred during level 3 of the lockdown, when such evictions were prohibited by disaster management regulations.

The court agreed with the Bloekombos residents in an ex-parte hearing, and granted the interim order.

Municipal spokesperson Stuart Grobbelaar denied that any person was removed by municipal law enforcement.

“The applicants removed their own structures and belongings. The applicants disclose this in their own statements – that they removed the structures themselves. The municipality offered temporary accommodation to the applicants but they refused the offer,” said Grobbelaar.

“This is entirely an administrative matter and the legal representative of the applicants wrongfully added the mayor as a respondent to the case.

“No allegations are made against the mayor in the applicants’ statements. The Municipal Structures Act clearly states a mayor may not interfere in administrative decisions, and as mentioned, this was purely a standard execution of law enforcement’s duties, following calls and complaints by the community of Lanquedoc.

“As the case is sub judice, no further comment can be provided at this time.”