Category Archives: Aziz Hartley

IOL: Property owners warned against squatters invasion

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http://www.iol.co.za/news/crime-courts/property-owners-warned-against-squatters-1.1000660

Property owners warned against squatters invasion

December 13 2010 at 10:44am
By Chad Cupido and Aziz Hartley

CAPE TIMES

An elderly Pretoria couple have had to abandon their Sweet Homes property near Mitchells Plainafter about 900 illegal squatters occupied the land and refused to move despite the couples attempts to evict them over 20 years. Photo: Jeffrey Abrahams

Property owners whose land is illegally occupied, have to take legal action within six months or face lengthy and expensive legal battles – and perhaps have to provide alternative accommodation for the illegal occupiers.

The land invasion issues have been raised following reports that an elderly Pretoria couple had to abandon their Sweet Homes property near Mitchells Plain last week. About 900 illegal squatters occupied the land and refused to move despite the couple’s attempts to evict them over 20 years.

According to the Prevention of Illegal Eviction from and Unlawful Occupation of Land (Pie) Act, if an unlawful occupier lived on the land for less than six months at the time legal proceedings began, a court may grant an eviction order. If it is later than six months the land owner may have to provide the invaders with alternative accommodation – and if the illegal occupants refuse to move, the owner could face a costly court battle.

Unlike the Trespass Act which allowed for eviction within 48 hours, Pie’s eviction procedures were longer. The City of Cape Town used the Trespass Act as soon as a land invasion was reported while groups such as the Anti Eviction Campaign used the Pie Act to resist evictions.

Steve Hayward, head of City’s Anti-Land Invasion Unit (Aliu) said all landowners were responsible for the protection of their own properties against invasions and unlawful occupation. “By failing to take immediate action in removing squatters, the landowner faces huge legal costs in an eviction process that could take years. Besides losing the land completely, the owner could also be held liable for the municipal legal expenses if action has to be taken,” he said.

Forest Ndathane, who said he represented Sweet Homes residents, said: “There have been no previous talks or negotiations with the owners. I, as a community leader, haven’t even spoken to them before so how can they expect us to negotiate if there’s no communication. They can’t just expect us to go.”

Residents claimed their rights have been violated because the city did not provide them with services. They complained of high TB rates, HIV infection, unemployment and crime. There are land invasion cases across the peninsula where private landowners struggle to evict illegal occupants. In Haji Ebrahim Crescent in Athlone, a land owner who had been living in Canada failed to take action against 40 families who took illegal occupation of his land in 1990.

In Olieboom Road, Philippi the landowner has been struggling to evict 600 families who have illegally occupied his property since 1988.

In Goliath Estate, Kraaifontein the owner of a residential property failed to evict a dozen shack dwellers over an 11-year period. He is now unable to sell the property to a developer. – Cape Times

chad.cupido@inl.co.za

aziz.hartley@inl.co.za

Cape Times: Unholy row about Cape churches

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http://www.capeargus.co.za/?fSectionId=3571&fArticleId=vn20100310042851192C652936

Unholy row about Cape churches
10 March 2010, 07:16

A female metro police officer was pulled from her official car and attacked, and her armed colleagues were forced to retreat as upset Khayelitsha residents confronted the council’s Anti Land Invasion Unit about its demolition of places of worship in the township.

Church leaders had to step in to restore calm when the confrontation erupted shortly after a busload of visiting ANC MPs left Unholy row about Cape churches.

The leaders intervened to protect the officer and escorted her back to her vehicle. She and her colleagues left the area immediately.

The MPs’ visit had been in response to complaints from the churches about the demolitions. Clergymen showed MPs several places of worship, including a mosque, that had been flattened.

“City officials swore and treated us like dogs as they broke down the place. We’ll ask the MJC (Muslim Judicial Council) to help. We’ve been here for five years helping the poor,” said Abdullah Muligite, imam of the Bilal Mosque in Khayelitsha.

Senior member of the Western Cape Christian Ministers’ Forum Derrick Mtsolo said about 100 structures had been demolished since November, leaving thousands of people without anywhere to worship.

“We had an agreement with then mayor Helen Zille, and the same with mayor Dan Plato, who said no more structures would be demolished. But every day our townships are targeted. Over 40 churches have been demolished in recent weeks,” Mtsolo said.

Standing at the site where the Revival Mission Centre in Kuyasa had been torn down, ANC MP and leader of yesterday’s parliamentarian group, Nthabiseng Khunou, said: “The impression I get is that this is really barbaric. It is unGodly, because you cannot destroy places of worship. I think it is despicable.”

Clerics were asked to formulate a report, but the MPs wanted to gather first-hand information about the demolitions, she said.

“Some churches have been here since 2004. If it means involving the Human Rights Commission, we’ll do that. We’ll ensure a report goes to a relevant body. We take this seriously as MPs,” she said.

“This is a modified form of ethnic cleansing,” said forum chairman Xola Skosana. We are not anti by-laws and anti good citizenry, but don’t have by-laws if you did not provide land first.”

Cape Town mayor Plato rejected claims that “old” churches had been demolished.

“It’s only the new ones. We have proof that when we break down, we find that the next day they are up again. We cannot allow any entity, even a church, to unilaterally move on to land to set up a structure as if they own the land. No government can allow that.”

Plato said the council acted wherever land was occupied illegally or when by-laws were contravened.

“It is a case of people taking chances. I’ve got to send a clear message that if people continue to act illegally, we’ll continue to act against them,” he said.

Responding to allegations of racism, Plato said: “I reject such a claim. A media report of a building construction being stopped in Rondebosch – that was a white entity.

“There are examples, like Bantry Bay and Clifton, where we acted.

“In Parow, we acted when the Plattekloof mosque was built without a plan. Action is across the board, not only against blacks. I don’t want to get into a race debate,” Plato said.

Zille said the forum had approached her about access to land for churches. Their requests fell into various categories, she said.

“Some apparently had undertakings from before, and others wanted new land.

“Access to state land is an issue that requires very careful procedures, and competitive tender processes. It is governed by various laws. I undertook to do an investigation into establishing the need for church sites, the extent of the land potentially available, how to allocate available land, and what laws must be followed.”

Plato would get an update on the process on Friday, and she expect to hear from him, Zille said.

aziz.hartley@inl.co.za

* This article was originally published on page 1 of The Cape Times on March 10, 2010

Cape Times: Land invasions do not offer short cut to housing – Heuvel

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http://www.capetimes.co.za/index.php?fArticleId=4990400

Land invasions do not offer short cut to housing – Heuvel

May 21, 2009 Edition 1

Aziz Hartley

LAND invasions do not offer a short cut to housing and if tolerated would deprive other people who have waited years for houses, Macassar councillor John Heuvel said.

This after about 200 Macassar Village backyard dwellers invaded a piece of land adjacent to the N2 on Monday. City law enforcement officials evicted them during Tuesday’s violent confrontation when a number of people, including a policeman, were injured.

When three men arrested during the incident appeared in court yesterday, they were released on a warning to return on June 11.

“I’m against land invasions,” says Heuvel.

“That ground has been earmarked for 1 500 to 2 000 council houses. When people invade land and squat illegally they gain the impression they should get the first option for housing.

“There are other people, including people who live in backyards, who are waiting up to 30 years for their turn. We must be fair and honest with everybody,” Heuvel said yesterday when told that the Macassar Village backyarders had complained about their living conditions which had sparked the invasion.

He did what he could to help the evicted backyarders who took refuge on a smaller piece of land nearby, Heuvel said, adding that community halls in the area could not be utilised as shelters because they were booked out.

“Their structures were dismantled on Tuesday and I managed to have it returned to the people, but at the address where they stayed before the invasion. People must go back,” he said.

Meanwhile, Metro Police remained in the area to prevent a repeat invasion.

Backyard dweller Chandre Williams said that while a number of families had managed to have their children stay with relatives in the area people braced themselves for another night without shelter. “Last night we lit three fires to keep warm. It was not nice being out in the cold,” he said.

Macassar community policing forum head Rhoda Bazier said the backyard dwellers were advised to organise themselves and have representatives who could table their grievances with the authorities.

Macassar police station commissioner Princess Benjamin said she hoped the situation would be addressed speedily because police had better work to do than arresting people for trespassing.

“Arrests do not solve the problem. This is a municipal matter,” Benjamin said.

aziz.hartley@inl.co.za

Cape Times: Macassar land invasion is ‘politically instigated’

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http://www.capetimes.co.za/index.php?fArticleId=4992488

Macassar land invasion is ‘politically instigated’

May 22, 2009 Edition 2

Aziz Hartley

A MACASSAR community leader and the area’s councillor have charged that a land invasion there was politically instigated.

Many of the backyard dwellers who invaded council land close to the N2 on Monday were yesterday still without a roof over their heads.

ID councillor John Heuvel said the land occupation appeared well organised and community leader Cedric Coffin said the plight of homeless people was being exploited.

For the second time this week, law enforcement officials confiscated building materials yesterday morning after backyarders took refuge on land adjacent to the land they were evicted from earlier this week.

People claimed Heuvel gave the go-ahead for 70 families to erect shacks.

“That is pure nonsense. I met their representatives in the presence of police and council officials and made it clear that people must return to the homes where they came from. I can’t go and give away council property.

“The problem is certain elements are stoking this thing (occupation). All the backyard dwellers could not have been evicted from their homes at the same time. Politics are involved here. These elements are busy with nonsense,” Heuvel said.

Earlier, Abahlali baseMjondolo leader Mzonke Poni urged the destitute backyarders to pressure the authorities by remaining out in the open. He also told them to avoid negotiations with authorities.

His organisation says it represents backyard dwellers and homeless people.

“Their (the authorities) strength is they are educated. They will beat you in negotiations. What we have is the strength to sleep outside in the open. We are good at mobilising outside and this means we put more pressure on them and more pressure on police who have other things to do. We must make sure we create an impact. We must also sleep on open space where people can see us,” Poni said to applause.

Shortly after Poni spoke, Coffin confronted UWC professor Martin Legassick who has been seen with the backyard dwellers since Tuesday. It was his detention on Tuesday which sparked a clash between police and backyarders.

“You guys are sending out the wrong message. You are an educated person who is supposed to guide them,” Coffin told Legassick.

Legassick asked Coffin whether he had a home and told him to share his views with the homeless people.

Said Coffin: “He is so educated. Why did they not get an interdict to stop the eviction? They are busy with a bigger campaign and are using these poor people. They are not here at night when it’s cold. My concern is the small children.”

Backyarder Chandre Williams said: “During daytime many people are here, but at night we are few, as people go back to sleep at their homes.

“It is not fair. We must stand together.”

aziz.hartley@inl.co.za

Cape Times: 3 held after police and homeless group clash

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http://www.capetimes.co.za/index.php?fArticleId=4988723

Cape Times
Front Page

3 held after police and homeless group clash

May 20, 2009 Edition 2

Aziz Hartley

A policeman and a young boy were among several people injured during yesterday’s violent confrontation between police and Macassar Village backyard dwellers who invaded land adjacent to the N2.

During the incident, four men – including prominent academic Martin Legassick – were taken into custody.

When police bundled Legassick, who the people called their “comrade”, into the back of a police van, the backyard dwellers hurled stones at them, and police opened fire with rubber bullets.

Legassick had been present since early yesterday and had been photographing the homeless people and the actions taken by the police.

He was standing with a homeless family when a police officer approached and began photographing them.

Another policeman in plainclothes then went to stand next to Legassick and was heard calling the professor “you f***ing twit” before grabbing him by the arms.

Moments later, stones rained down on the police, who opened fire, and people scattered in all directions. The police gave chase after a group of people ran into side streets and managed to escape.

Released about an hour later, Legassick admitted that he had sworn at the plainclothes policeman who had grabbed him.

Police patrols were stepped up last night, as Macassar Village was tense after the backyard dwellers marched to the Macassar police station to demand the release of three men arrested during the confrontation.

The three are due to face public violence charges when they appear in the Somerset West Magistrate’s Court this morning.

Macassar police station commissioner Princess Benjamin said a policeman was injured during the stone-throwing.

“It still very tense out there. We called the local councillor to come and address the people, but they’ve left,” Benjamin said.

Macassar Village resident Elmarie Rex said a rubber bullet had struck her four-year-old son Benjee, but he had not been seriously hurt. Another resident, Wandile Mhleli, was hit in the buttocks, backyard dweller Eric Gaji had an open wound on his arm. “They just fired without looking. I tried to get out of the way, but could not do it in time. I just felt a shock to my arm,” Gaji said.

On Monday the backyard dwellers moved on to the land, which had been cleared last week, ostensibly for a community sports event at the weekend. But when city law enforcement officials arrived yesterday morning, a number of shacks had been built on it.

Officials dismantled some of the shacks, but later backyard dwellers rebuilt them. After a lengthy standoff law enforcement officers called for police assistance.

City law enforcement officials gave the backyarders 30 minutes to remove the structures, failing which their materials would be confiscated. An hour after the order was ignored, police and Metro Police accompanied a team of workers who loaded the building materials on to a truck.

As the materials were taken away, backyarders hurled abuse at police.

Angered by the removal of the building materials, a group of young people ran towards the N2 to blockade the freeway, but quick intervention by police prevented the disruption of traffic.

Later, Anti Eviction Campaign leader Mzonke Poni told the backyarders they had a right to their land and they could sue the municipality for damage to their materials.

Community leaders and police later tried to persuade them to spend the night in a community hal. It was not clear late last night if they were.

aziz.hartley@inl.co.za