High Court rules against Itireleng evictees
In the North Gauteng High Court in Pretoria, Rabie J today endorsed the eviction of approximately 300–400 individuals occupying Portion 25 of the farm of Mooiplaats, Itireleng. The court ordered that the abovementioned property, owned by Golden Thread Limited, be vacated by 29 March 2010.
The court highlighted among other factors: the violation of Golden Thread’s property rights, the brevity of the period of occupation and the unsuitability of the land for residence; and cited provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 as well as common law principles that informed its decision.
Counsel for the occupiers, Lawyers for Human Rights, has expressed its disappointment in today’s judgment; concerned not only about the predicament of the Ithereleng occupiers, but the broader housing problem in Tshwane which remains unresolved.
“The situation of backyard-dwellers is a ticking time-bomb waiting to explode on Pretoria if it remains unattended to. We are hopeful that as we pursue the matter in higher courts, a precedent compelling positive action on the part of all duty-bearers to the right to housing in relation to backyard-dwellers will be set,” says Lawyers for Human Rights’ Louise Du Plessis.
Conspicuously absent was the Tshwane Metropolitan Municipality - the state structure that is constitutionally bound to fulfil the right to housing of occupiers of Portion 25. Counsel for the occupiers – Lawyers for Human Rights – has indicated their intention to consult with the community over the next few days in order to consider the options in light of this judgment.
For more information, please contact Louise du Plessis at louise [at] communitylaw [dot] co [dot] za or 082 346 0744