Growing concern over ‘illegal’ land occupation

A FORMER Botha’s Hill resident believes his rights have been violated, and he is now urging authorities to intervene and help remove the informal shacks that are being built on his property.

Lenny Paltu, who has owned the house and land on Benares Road, Botha’s Hill since 2004, said, “The shacks started being built from 2003 on the land next to mine.

“I always kept them off my land by breaking them down as they came up. Recently, they have started moving into my land. We have, via the Ratepayers’ Association, requested that the municipality remove the shacks as they are on Durban Metropolitan Open Space System (D’MOSS) land.

Paltu further also claims that the crime levels in the area have increased with the growing number of land invaders.

“I definitely believe that the informal settlement is not only contributing to the crime in the area, but it is also harbouring the criminal elements.

“They are also known for stealing electricity, which ends up being paid for by us. In 2012, my tenant was robbed and stabbed while in his house.

“He was so traumatised that he abandoned the property immediately, and within a few hours after leaving the house was vandalised and gutted.

“I believe that these informal settlements should be removed from this D’MOSS-protected land, as they are destroying the environment with their human waste and garbage. We are required to still pay our rates and taxes, but get no protection of our rights.”

Pastor Patrick Chetty, who has a church in the area, shared the same sentiments as Paltu. He said, “We are faithful ratepayers. The land invaders are illegally occupying this land without any plans or permission, These shacks are also tarnishing the beautiful and serene view of the Valley of 1 000 Hills.”

eThekwini head of communications, Tozi Mthethwa, said, “With regards to informal structures (shacks) built on privately-owned land, in terms of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (Act 19/1998), the onus lies with the land owner to protect his/her land and is not the responsibility of the municipality.

“Any half-built or unoccupied shack can be demolished without a court order. However, any occupied structure needs an eviction order to be obtained in court by the property owner in terms of the same act mentioned above.

“Regarding the property in question, the municipality is aware of the issue; however, we always advise the property owners to obtain a court order or interdict that will give us as, the municipality, the power to prevent such occurrences.

“We can only act once the official court document is obtained by the owner. Once the land invader is settled, whether on D’MOSS or any land, the above process or procedure must be applied.

“The community is advised to report such cases immediately before an area becomes a full-blown informal settlement.

“Eradicating informal settlements requires a joint effort from all stakeholders, and members of the public are encouraged to report to authorities when they see people invading land and/or municipal property.”

Members of the public are urged to contact the eThekwini Municipality’s Security Management Unit on 031 311 4699 to report land invasion.