Shack drama continues

2017-02-08 06:02
Despondent Lucy van Wyk (left) with some of the family members facing eviction from the shack dwelling erected in the yard.

Despondent Lucy van Wyk (left) with some of the family members facing eviction from the shack dwelling erected in the yard.

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A woman residing in Heidedal, Bloemfontein, is fighting the eviction of her extended family from a shack dwelling erected in the yard.

Lucy van Wyk, who is unemployed, has been in the Bloemfontein High Court regarding the eviction and demolishing of the shack dwelling erected in the yard to accommodate allegedly homeless extended family members.

Mampoi and Seabata Khaeane, the married neighbours of Van Wyk, applied for the removal of the shack dwelling. The applicants told the Bloemfontein High Court that the shack dwelling should be declared an illegal structure for want of compliance with the National Building Regulations and Standards Act 103 of 1977 (the Act).

Van Wyk is the first respondent and the Mangaung Metro Municipality is the second respondent in the matter regarding the illegal dwelling in the yard of the Van Wyk property in no. 2 Titus Lou Street, Heidedal.

In the papers submitted to the court, the applicants demand that the second respondent (the Mangaung Metro) be ordered to apply for an order as specified by section 21 of the Act, authorising it to demolish shacks in the yard and also be ordered to forthwith execute upon the authority so obtained.

The applicants, the Khaeane’s, also demand the first respondent (Van Wyk) be ordered to take all steps needed to abate the nuisance, which includes smoke, gas, fumes, foul odours and noise resulting from the use of the property. Furthermore, they want Van Wyk to pay the cost of the application on a scale determined between the attorney and the client.

In the papers, the applicants allege the first respondent, Van Wyk, has erected three shack dwellings on her property for approximately 13 individuals.

“To the best of my knowledge, the occupiers rent these shacks from the first respondent,” stated the applicants in court papers.

The matter was heard before Justice N.M. Mbhele and the order to demolish the dwelling was granted in the Bloemfontein High Court on 24 November last year.

Last Wednesday (01/02) the sheriff, accompanied by the police and workers, arrived at the property in question to evict the occupants and demolish the shack dwellings as per the order.

Van Wyk bitterly lamented that her rights were being violated.

“Where must my family stay now? The house is small and cannot accommodate all of us. It is a pure lie that I rent out the shack dwellings for income,” says Lucy.

Following intervention by the councillor of Ward 16, Kelvin Beck, the evictions and demolitions of the shack dwellings were temporarily suspended.

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