A shack-dwellers movement, Abahlali Basemjondolo, in Durban will approach the courts tomorrow if government does not explain why dozens of families were evicted from their homes, and made to watch them being destroyed last week and over the weekend.
The Ethekwini Municipality in Durban, which was already battling with a large homeless persons population before the covid-19 national lockdown, was asked to intervene after contractors destroyed shacks and evicted families from Ekuphumeleleni informal settlement in Durban.
But spokespersono Mqapheli Bonono complained that their cries had been to no avail as shacks continued to be destroyed on Saturday.
Spokesperson for the justice ministry, Chrispin Phiri said while it was not aware of the incident, government had been clear on the issue of evictions over the 21-day period.
“What we have said is that the service of eviction orders is suspended during the period of the lockdown. You may have an eviction order in your possession, but the service of that order will be suspended until the end of the lockdown meaning it cannot be effected during this period,” said Phiri.
He added that evictees could still approach the courts during this period to challenge evictions through an urgent interdict.
“There is no grey area, if you have an eviction order you have a right to carry out that eviction but you cannot carry out that right during the lockdown. You will have access to the courts the normal way it is done when there is an eviction and that is on an urgent basis. An eviction is not something that happens over a long period of time.”
But according to the civil rights organisation, the municipality was behind the destruction of more than 12 houses leaving over 40 families are homeless. “The have continued to destroy our homes even after we sent a letter of demand for them to stop evicting without following the due processes. If they fail to do that by 12pm tomorrow we will approach the courts and apply for an urgent interdict.”
According to the group the evictions began on the first day of the national Covid-19 lockdown at the behest of the eThekwini municipality.
Bonono accused the municipality of carrying out the eviction with no court order and in violation of the rules governing the national state of disaster.
Simnikiweh@citizen.co.za
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