Illegal dwellers evicted after 30 years
A CLAIRWOOD property owner who has struggled for the past 30 years to get rid of illegal tenants on her property will finally see the back of them.
After several unsuccessful attempts, Debiwathi Rajkoomar, a pensioner, made an application to the Durban High Court in 2017 to have the occupants who moved into her vacant house and land 30 years ago evicted. Owing to various delays, including the Covid-19 pandemic, the case dragged on until last month, when an order was granted in Rajkoomar’s favour.
About 47 families currently live on her property. Ten had moved into the main building, which they had subdivided among themselves, while the others have built shacks in the yard.
The ethekwini Municipality had even provided them with ablution, water and electricity services.
The illegal tenants have until Friday to move out of the premises, following a 30-day notice period given to them by the sheriff of the court.
The Sunday Tribune found the property overcrowded and in a state of disrepair with illegal electricity connections during a visit this week. The ablution facilities installed by the municipality were also deemed a health hazard by environmental health officers.
While the area is classified as residential, several trucking businesses and informal settlements have mushroomed there.
In her court application, Rajkoomar stated that she and her late husband Pragraj were the registered owners of the property. She stated the building was in a poor state, which posed a health risk to the occupants, including minor children.
The occupants, speaking to the Sunday Tribune, acknowledged that they were illegal tenants but were grateful that Rajkoomar had let them stay there for years without paying rent. They pleaded with the municipality to help them find alternative accommodation.
Thembisa Magobode, 55, said she
had been living in the house with her family and her mother since 1996, when she came to Durban searching for work.
“After I settled here, I fetched my kids from home in Mthwalume on the South Coast, so they could attend better schools in this area. We knew that one day the owner would come, but we have never bothered to search for another place because it is free here.
“This place has history, many families have lived here, and some have succeeded in life and younger generations were born here.
“My son is studying medicine at the University of Kwazulu-natal because he attended a good school in Durban, which was my main goal. I am grateful for that,” said Magobode.
Siyabonga Sikhakhane, 28, said he was still in disbelief that they had to vacate the premises where he was raised.
The self-employed panelbeater said he went to a nearby school and found life easier in Clairwood because of the job opportunities in the nearby industrial area.
“I cannot even begin to think where I will go. My whole life is here and to move away will affect my business badly… We will wait for the final day,” he said.
Residents said the ward councillor and municipality were aware of their situation and had promised to make alternative arrangements for them.
Ward councillor Portas Ngonyama confirmed that the municipality’s
housing department was making plans for them.
He said the 47 families needed to be taken care of, but it was challenging to find a place for them given the time frame.
“They have to vacate as per the order, which we all respect.
“The place has been classified as a health hazard, so keeping them there is against the law. There will be a final meeting on Wednesday, when a final decision will be made as to where they will be staying,” said Ngonyama.
ethekwini Municipality spokesperson Msawakhe Mayisela said the city was not aware of the order but the housing department would meet with the affected residents to find a possible solution.