The respondents of the case are the Springs police, Ekurhuleni Metro and residents of Skoonplaas.
The Addie accompanied ward councillor Ramesh Sheodin, who represents the metro, to Skoonplaas on Friday to witness the distribution of the court documents (notice of motion) to the residents.
Members from the Springs police and the Ekurhuleni Metro Police Department escorted Gold One Security into the informal settlement.
Only a few residents were present to receive the document and documents were left at each shack.
The application appeared in the Gauteng High Court on Tuesday.
The applicant, New Kleinfontein Goldmine, started leasing the property from Ekurhuleni Metro nine years ago when the settlers were already on the property.
A “gentleman’s agreement” was reached between Gold One and the residents that they could remain on the property, provided they don’t build any further structures or grow the number of residents in any way.
This wasn’t adhered to and pieces of land were allegedly sold for R1 000 for the building of shacks.
According to Pierre Kruger, secretary of New Kleinfontein Goldmine, an estimated 400 structures have been in the process of being erected on the leased land since Juy 5.
He states in his founding affidavit that if one estimates the average members of a household at four, about 1 600 people are attempting to illegally settle on the land.
He adds that, upon questioning, some of the people in the community say they have come to occupy land that was sold to them.
The following sanctions will be sought:
- Declaring that the sale of any portions of the property not authorised by the applicant is unlawful.
- Declaring that the construction of new structures on the property not authorised by the applicant is unlawful.
- Interdicting and prohibiting parties from selling any portion of the property, encouraging any person to take occupation or settle on the property, erecting any further structures and encouraging any person to construct any structure on the property without permission.
Other terms state directing the police to:
- Take reasonable and necessary steps to prevent anyone from selling, allocating or erecting structures on any portion of the property
- Prevent any person not authorised by the applicants to take occupation or settle on the property
- Assist the applicant in enforcing the order to its full effect.
It also directs the sheriff or his duly authorised agent to remove all structures which have been erected in contravention of this order and to seek the assistance of the Springs police if necessary.
