Court interdict on illegal land grabs

The municipality indicated that allowing illegal land grabs in these areas will affect the positive economic spin-offs that the planned development is expected to bring - including short-, medium- and long-term job opportunities.

Lolo Madonsela

The community may find itself in hot water following the illegal land grabs that took place last week, as the municipality has obtained a court interdict to prevent people from erecting structures on the affected land.
The community of the Ghetto area in Bhekuzulu Location ‘grabbed’ land in Mooiplaats belonging to a farmer, Transnet land near Mpofini, and other land near Pionier School earmarked for a mall.
Ghetto residents claimed they felt neglected by AbaQulusi Local Municipality in terms of house provision and therefore decided to take the land illegally to make a point.
Law enforcement – which included the South African National Defence Force (SANDF), Newcastle Public Order Policing (POP) and the SAPS – intervened and dispersed the land-grabbers.
In the wake of this act, Municipal Manager Bonga Ntanzi obtained a court interdict that prevents the community from making use of the above-mentioned land.
The affected land was earmarked for economic development purposes (including a mall and other businesses), as well as a residential area.

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The municipality indicated that allowing illegal land grabs in these areas will affect the positive economic spin-offs that the planned development is expected to bring – including short-, medium- and long-term job opportunities.
The High Court ruled that the community was interdicted and restrained from demarcating sites, erecting structures, continuing with the erection of structures, and the occupation of any structure unlawfully erected on the properties.
The court interdict also ordered that should the community fail to adhere to the order to desist from occupying these properties, authority has been given to the Sheriff of Vryheid to remove those people and arrest them.
Acting Mayor Mncedisi Maphisa has urged the community to refrain from activities that are in contravention of the law.
“I wish to plead with residents to utilise the avenues that have been put in place for them to communicate with us as a municipality and raise their grievances in the correct manner so we can address them,” said Maphisa.
He indicated that the municipality was not at liberty to build houses, as this was the Department of Human Settlements’ responsibility.
“Residents state that their reason for the invasion was that the municipality neglected them in the provision of houses, which is a reason I would like to differ with. Housing is not a municipal competency; however, it is a competency of the Department of Human Settlements. The municipality has made submissions regarding housing matters to the department and we await feedback on the matter,” he added.
Maphisa further said he did not believe the illegal land grabs were politically motivated, as the community clearly stated that their reason was housing provision.
“The residents state clearly that it was merely a way of raising their concerns on matters of insufficient housing, and no reference is made to any political reasons,” said Maphisa.

Demarcating municipal land during the illegal land grab.

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