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Schubart Park eviction unlawful - ConCourt

2012-10-09 14:41

Pretoria - The eviction of about 700 families from the council-owned Schubart Park building in Pretoria was unlawful, the Constitutional Court has ruled.

The court on Tuesday instructed the Tshwane Metro Council to hold more “meaningful” talks with the evicted residents and to pay their legal fees.

The court also ordered residents and Tshwane to report on these deliberations to the high court to determine, as soon as “reasonably” possible, when residents can return to their homes.

The residents were removed after violent clashes between police and residents following protests over unpaid water and electricity bills.

The judgment comes after the high court had found that the building was unsafe and ordered the city and residents to reach an agreement on temporary accommodation pending an inquiry into the refurbishments of the complex.

The two groups were unable to reach an agreement and the high court ordered that if renovations were impossible, the building should be demolished and residents should be given alternative accommodation.

But counsel for the residents, Rudolph Jansen SC, argued that the council had illegally evicted residents without obtaining an order from the court first.

The Constitutional Court set aside the high court order and declared that the eviction had been unlawful, thereby sending the parties back to the drawing board.

- City Press

Comments
  • rofras.rassie - 2012-10-09 14:46

    Scharbart flats is a crime haven. Another fail by our law.

  • aniken.vader.31 - 2012-10-09 15:06

    is it me or are these idiots ALWAYS do something unconstitutional?

      keith.f.murphy - 2012-10-09 15:25

      I think the constitutional court should be declare un constitutional and should be desolved with immediate effect bottom line.

  • lucious.bodibe - 2012-10-09 15:11

    some rulings leave much to be desired

      keith.f.murphy - 2012-10-09 15:27

      I think some of those juries in the so called constitutional must be smoking weed or something to give save haven rights to crminal minded residence and surely many come from beyound our borders

  • Andrea - 2012-10-09 15:12

    dikgat Rambo LOL

  • Erna - 2012-10-09 15:17

    How can it be legal for people to live in an unsafe building, not pay rent, and not pay for services?

      p.borchard - 2012-10-09 15:36

      When someone gets hurt or sick because of the state if those buildings, the bloomen squatters will also sue the munisipality. And guess where all of this freebies comes from FROM US IDIOT RATEPAYERS WHO ACTUALLY PAY FOR WHAT THEY USE. This is beyond a joke. Where are the rights of the landlords - gone like our judicial system.

  • werner.dippenaar.77 - 2012-10-09 15:21

    Our judicial system has become a joke !

      Tshilidzi Wa Ha Mukhovha - 2012-10-09 16:05

      Fenderbender I don't understand these Judgment. People where dying there,infested by communicable diseases

  • patrick.pitjeng - 2012-10-09 15:21

    That place was nt livable...the ppl were evicted to make that place better...nd were given eviction notices in time to make living arrangements..bt Nooo..they rather live in a dump

      sandra.j.rennie - 2012-10-09 15:54

      Patrick I know this, you know this, the tenants know this, but they don't give a damn. So let them live there in the dump they so love ! The only problem is that when the building caves in, who is gonna pay for all the dead and injuries ? The Con Court ?

      patrick.pitjeng - 2012-10-09 16:31

      Well spoken sandra...they were gonna sue the living out of the owner for making the non-rent paying ppl live in a dangerous place

  • abrammothibedi.abram - 2012-10-09 15:29

    MOGOENG MOGOENG at it again wrong judgement,this residents dont want to engage in any talks or agree to anything they just one 2 stay there for free for ever

  • Tshilidzi Wa Ha Mukhovha - 2012-10-09 15:59

    The living condition was not suitable for a normal person to stay at Schubart park and I hope the Constitutional Court will reverse the Judgment(ruling)in favor of Tshwane municipality. I think the ConCourt must visit the place and spend a night there.

  • Justin Mettew - 2012-10-09 17:03

    Sometimes, I think maybe the judiciary is really sowing disruption in this country (11 judges nogul).

  • BigChiefPlumbPudding - 2012-10-09 17:14

    Human Rights being bent so far out of shape that the underlying root principles that form the very foundation of basic civil/commercial rights become distorted. I wonder if sometimes any of these Con Court Judges go home thinking: "Hell, that just doesn't feel right".

  • john.cryink - 2012-10-09 21:16

    Johannesburg and Tswane is fast becoming "informal settlements". What is it going to cost the rate payers to fix up that building?

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