‘Demolition was within the ambit of the law’

THE eThekwini Municipality says recent demolitions were done within the ambit of the law.

Msawakhe Mayisela, the municipality’s spokesperson, said its Land Invasion Unit had conducted an operation in Chatsworth last Friday.

He said the unit was assisting the Human Settlements department.

“They found people erecting illegal structures on council land. They were advised several times to stop building by housing personnel and some were even served with notices to stop building. These were ignored.

“We then wanted to avoid occupation and discourage people to just build illegally on council land. Three structures were demolished that were illegally erected on council property,” he said.

Mayisela said one of these structures was partially demolished on April 29.

“This was with the intention of demoralising the invader from occupying the property. The owner decided to repair and continue to build.”

He said the city would continue to respond to attempts to invade land.

“We have no reason to abdicate that responsibility. We are therefore calling upon the public to continue informing us in the event of signs of land invasion.

“The city also calls on residents responsible for this unlawful conduct to desist from it.

“The city has a fully-fledged unit whose sole responsibility is to deal with land invasion. The demolitions were within the ambits of the law,” he said.

Brandon Pillay, the chairperson of the Bayview Flats Residents Association, said: “I don’t condone any illegal structure because there are policies and by-laws. However, by the same token, the municipality needs to be mindful of the approach taken to address these issues and it must not be (done) in an inhumane nature.”

Pillay said residents who received notices should contact their respective resident associations or seek legal advice immediately.

“We always make appeals to the community that whenever they receive any notices and if they are not sure, they must seek advice. You can’t sit with a notice and not do anything about it. For example, a person can seek assistance from the court to interdict against the demolishing of their property,” he said.

Pillay, who is also a member of Parliament, said on Monday that a community meeting was held and the association was mandated to represent those affected.

“We are currently in discussions with the municipality on a way forward.”

He said at the meeting, the community strongly rejected any suggestion of any racial motivation.

Orlean Naidoo, the chairperson of the Westcliff Flats Residents Association, said: “While the proper permission may not have been sought, many people found themselves in a possible dire living situation. You can find up to 12 family members living in a one-room flat.

“It is due to that fact alone that people have taken it on themselves to make their living conditions a little bit better. These are also not rich people who can go rent elsewhere.

“However, the question is, why didn’t the municipality react when the first structure was built years ago. The officials let it be and people saw it as an opportunity. Why demolish them now and leave people homeless?”