Pretoria - Gauteng Human Settlements MEC Jacob Mamabolo has requested his legal team to investigate the validity of the eviction of the Mahlangu family from a farm in Rayton, east of Tshwane.
On Tuesday, MEC Mamabolo visited the family, who was evicted from their home in plot 63, last Friday. They were staying on the land since 1983.
“As the provincial government we remain concerned about the abuse of eviction orders to dispossess people of their homes.
“In this case we have discovered that the eviction order was issued by the court in August 2011, but the court stamp is dated 10 February 2014.
“The matter was brought as an urgent application, but only implemented three years later. This is anomalous and I have requested my legal team, together with the legal team from City of Tshwane to investigate the validity of this eviction order,” he said.
The evicted family is now placed on government land in the area.
MEC Mamabolo also expressed concern at the selective application of the law, whereby the eviction order instructed the landowner to pay R25 000 towards the relocation expenses of the evictees, but he said the money was not paid.
“This money was supposed to be paid before the eviction; however the sheriff went ahead to evict before this requirement was met.
“I am making an earnest appeal to the judiciary, courts, sheriffs and everyone involved in issuing eviction orders to please balance the competing needs of both the property owners and tenants, when making decisions on eviction orders.
“Our experience thus far is that courts and sheriffs tend to consider the rights of property owners at the expense of vulnerable victims such as children, elderly and the disabled,” he said.
MEC Mamabolo said the rights of the victims must be observed in comparison to the rights of the property owners.
“I have commissioned legal advice to manage all evictions in the province, and if possible I would like to see all evictions put on hold until there is clarity on how we can deal with them particularly how eviction orders are executed and implemented,” he said.
Member of Mayoral Committee for Human Settlements in the City of Tshwane, Joshua Ngonyama, has offered a VIP toilet and access to water to the family while the matter is being looked into.
The Tshwane Department of Social Development will provide relief to the family in the form of food parcels and blankets. - SAnews.gov.za
