Squatters win back 'their land'

2003-11-25 19:59

Sizwe samaYende

Polokwane - A Limpopo municipality has signed an out-of-court settlement to allow 184 families to re-occupy a squatter camp bulldozed in March last year.

Authorities at Blouberg municipality in Senwabarwana (formerly Bochum) signed the agreement on Monday, after six months of failing to provide Pretoria High Court with documents substantiating the reasons for evicting the families from Desmond Park.

The council evicted the families with a court order after claiming they were occupying land earmarked for a housing development.

However, Pretoria High Court rescinded the interdict on May 8 and ordered that the families return to the land.

Councillors re-applied for an interim order to prevent the re-occupation, but they have failed to submit the relevant papers to the court.

They have, instead, signed the out-of-court settlement, which will be made an order of court.

The municipality also agreed to pay all legal costs.

Planning to claim R300m

The families' lawyer, Gilford Malatji, warned on Tuesday the settlement wasn't the end of the matter, however.

He said families planned to claim close to R300m for damages and degradation of their dignity.

"Now that we've won, there's no way they can deny the people have to be compensated," Malatji said.

"The council is liable for any consequence of that eviction, which, in this case, was the demolition of property and the suffering and humiliation through which the people went."

Blouberg municipal manager Solly Rasefate was not available to comment on Tuesday.

Pretoria High Court rescinded the municipality's eviction order when it found out the families were protected by the Interim Protection of Informal Land Rights Act, which stipulates that squatters are protected from being evicted if they've occupied an area for a year or more.

It appeared the council had misled the court by saying the families began occupying the land after November 2001 instead of 1995.

- African Eye