Hammanskraal eviction notice from 2014 - residents

2016-05-25 05:23
The court order used to remove residents in Hammanskraal. (Karabo Ngoepe, News24)

The court order used to remove residents in Hammanskraal. (Karabo Ngoepe, News24)

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Pretoria - Protesting Hammanskraal residents claimed on Tuesday that the eviction notice used to remove them was issued in 2014.

"The eviction notice they used is from 2014. Who were they doing it for because there were no shacks back then?" community leader Jakes Maleka asked. 

Speaking to reporters, he said residents only started living in the area this year. The City of Tshwane and tribal council had given them permission to live there, he said.

"We have it in black and white to stay there. The chief gave us permission and elected a committee to allocate stands, so we were shocked when Red Ants arrived."

Not the city’s land

The Tshwane mayor’s office said the land the residents were evicted from belonged to a chief Kekana, and not the city. 
Spokesperson Blessing Manale said the traditional authority approached the courts after feeling it had been negotiating for too long.

"If you knew from 2014 that you're occupying land illegally, you must also ask yourself was it not ample time to move? The buck should be passed back to the people. If you have resisted a court order since 2014, how long do you think government must negotiate with you for a smooth process?”

Must have warrant of execution to evict

Johan Theron, a director of Werksmans Attorneys, said in such cases an interim order would be handed down and people had to give reasons why it should not be made final.

In the present case the interim order was extended to 19 August 2014. It was however not known what happened on that date, whether the application was opposed, made final, or extended.

Assuming that the interim order was to keep people off the land, it could not be used to evict or keep them off the property per se.

“One can only assume that the order was made final, but we don’t know for sure. Even if you did have the order or a default judgment, you must still have a warrant of execution ordering the sheriff to evict people,” he said.

Violence broke out in the township on Monday when employees of the Red Ants security company, SAPS and Tshwane Metro Police arrived to flatten their shacks and evict them.

Two Red Ants employees were killed and six injured in an altercation with the residents, Tshwane Metro Police spokesperson Senior Superintendent Isaac Mahamba said. Five people were arrested, one of them for murder.

Permanent solution

Residents and Temba police leaders met on Tuesday to discuss the matter. Maleka said proposals were made which they took to the residents.

Police said they could only stop the evictions until the legal issues had been sorted out.

During the meeting, one resident took to the podium and said they wanted a permanent solution.

"They will get another court order and remove us. We want them to give us an assurance in writing that they will not move us," said the resident to loud applause and cheers.

Read more on:    pretoria  |  protests

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