PREMIUM!
Invader builder slapped down
Ruling will clear the way for couple to build their own house on their property.
File picture.
A Soshanguve couple will, at last, be able to have their RDP house built, after the Tshwane municipality obtained a court order to demolish the house and outhouse that a neighbour illegally constructed on their property.
Patrick Phakathi and his wife, Johanna, have been trying since 2014 to get their neighbour Themba Maseko and the municipality to demolish the house and outhouse he had built on their property and used for storage.
The buildings encroached on their property in Soshanguve South and prevented them from having an RDP house built for them, as almost all of their neighbours had done.
The Phakathis in March 2015 obtained a court order against Maseko to remove the encroaching property and if he failed to do so, for the municipality to obtain a demolition order.
The city’s litigation and claims director, Simon Sethole, said in court papers Maseko had failed to remove the structures, despite the court order being served on him, resulting in the city at first approaching the magistrate’s court for a demolition order, but being forced to withdraw the application and to start afresh in the high court – after the magistrate refused to deal with the matter, saying only the high court could give such an order.
He said it was clear Maseko’s conduct was not only causing prejudice to the Phakathis on whose property he encroached, but he was also in violation of legislation regulating building, and in contempt of court.
He said an inspection that was done in August last year, showed that the encroaching property was still there.
He added that the structures were not built in accordance with legislation, nor did Maseko obtain approval or submitted an application to the municipality for the illegal structures.
Judge Tshifhiwa Maumela this week granted an order in the High Court in Pretoria that Maseko’s encroaching property must be demolished within 14 days and also ordered him to pay the legal costs.
– Ilsedl@citizen.co.za
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