Shack to remain standing for now

2017-02-15 06:03

The tearing down of a shack dwelling erected in the backyard of Lucy van Wyk’s property in no. 2 Titus Lou Street, Heidedal, Bloemfontein, looks unlikely to happen soon. The dwelling is still intact after the order was temporarily suspended on 1 February following intervention by an ANC committee leader in Ward 16.

The sheriff’s workers had partly demolished part of the structure as per order of the Bloemfontein High Court. The sheriff carried out the instruction to demolish the dwelling following the ruling by the High Court in the matter between the applicants, Mampoi and Seabata Khaeana, Lucy Van Wyk (first respondent), the Mangaung Metro Municipality (second respondent) and the occupiers of the shack dwelling (third respondents).

The High Court had ordered the demolition of the dwelling structure following successful application by the Khaeana’s. The applicants applied for demolition of the dwelling in terms of the National Building Regulations and Standards Act 103 of 1977 (the Act). 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.

The Khaeana’s legal team from Kramer, Weihmann & Joubert said that their clients had a suspicion that the shacks were erected without the necessary prior approval of the Mangaung Metropolitan Municipality, as stipulated in terms of Section 4 of the Act.

According to documents in possession of Express, the Mangaung Metro was informed about the matter of the illegal erection of the shack dwellings in question in a letter dated 12 August 2015. Replying to the issue, Sejane Sempe, litigation manager, stated: “With reference to the contents of your letter, kindly be informed that our office had time to consider the matter and it is our opinion that the Municipality’s planning sub-directorate is in a better position to assist in respect of your client’s complaint. An official of the planning sub-directorate will refer back to your office in due course.”

  • On Wednesday (08/02), Express incorrectly stated that Kelvin Beck was councillor of Ward 16 while in fact Attie Terblanche of the DA is the councillor. We regret any inconvenience that may have been caused.

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