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21 June 2007

‘Maritzburg: Squatters – court orders city to plan

Squatters: court orders city to plan
•Thu, 21 Jun 2007

By Own Correspondent

MSUNDUZI Municipality was yesterday ordered to provide a comprehensive report on whether land has been made available, or can be made available, for about 2 000 squatters who are illegally occupying land and buildings at Shortt’s Retreat.

The municipality was not represented in court yesterday. Judge Dumile Kondile said the report should be made available by July 20. Owners of four Shortt’s Retreat properties told The Witness that squatters have
vandalised and burned buildings, while their numbers are mushrooming. Damaged properties include four mini-factories.

Advocate Piet Bezuidenhout told the court there is only one water tap, and no medical facilities, streets, electricity, refuse removal or sewerage.

The applicants have applied for an order evicting the squatters, who oppose the eviction application. A notice in terms of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act was given to the squatters on June 1 and to the municipality in May.

The owners of three of the properties have been ordered by the municipality to remove shacks built by the squatters as they are a health risk. Howard Mkhize, who attested to an affidavit for the squatters, said most of them settled on the land in the last five years. A certain Dlamini collected rents until 2006.

Bezuidenhout said the squatters admit that their occupation is illegal, that damage has been done and that their numbers are growing.

He said the property owners are not obliged to provide alternative accommodation and that the Constitution does not grant a person a right to housing at state expense at a place of that person’s choice.

“Their threats that, if they are evicted, they will merely move on to other land, indicates their attitude and are no defence,” he said.

Published: 21 June 2007