City of Joburg in illegal eviction dispute

The Socio-Economic Rights Institute (Seri) has written to City of Joburg manager Floyd Brink and Gauteng police commissioner Lieutenant-General Tommy Mthombeni over an alleged illegal eviction of dwellers.

They are demanding an apology and the return of building materials to people in Lindokuhle Mnguni informal settlement in Rosherville, whose shacks were allegedly unlawfully demolished.

Seri said police and Johannesburg Metro Police Department (JMPD) officers, as well as the Gauteng Crime Prevention Wardens and a private security company descended, on the informal settlement, accompanied by councillor Faeeza Chame.

Eight homes demolished without eviction order

The group “demolished eight of our clients’ homes without an eviction order”, added the Seri.

JMPD spokesperson Tlou Montje said the demolition was not unlawful because they were “authorised to demolish illegal structures and to prevent land invasion”.

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He added that “only incomplete and unoccupied structures were removed”.

In an earlier report by The Citizen, a man claimed the demolished property belonged to him and his family, contradicting claims of unoccupied structures.

Lack of necessary paperwork makes demolition unlawful

Seri attorney Nkosinathi Sithole said what makes the demolition unlawful is the lack of the necessary paperwork.

He said in a letter that “no-one may be evicted, or have their home demolished, without an order of court made after considering all the circumstances”.

Chame said her role during the demolition was to observe. She also maintained the action was authorised “by the City of Joburg and the Johannesburg Metro Police, as the view is that the land is being occupied illegally”.

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She said the demands by Seri will be answered to by city officials.

City stands by JMPD’s remarks

City spokesperson Nthatisi Modingoane stood by JMPD’s remarks, saying demolished structures were unoccupied.

Sithole said Seri will take legal action and court papers will be served soon.

“These papers will include an interdict, preventing them from coming into the property without a court order,” he said.

He added Seri will send a letter of demand for return of the building materials as well as a criminal case, “because to evict someone without a court order is a criminal offence”.

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