Sexwale: Ruling could cause chaos

2010-03-10 22:21

kalahari.com

  • Tokyo Sexwale
    High Quality Content by WIKIPEDIA articles! Mosima Gabriel Sexwale (born 5 March 1953), commonly... Now R1,326.95
    buy now
Cape Town - Human Settlements Minister Tokyo Sexwale said on Thursday government could approach Chief Justice Sandile Ngcobo to voice concern that a landmark court ruling on evictions would throw housing policy into chaos.

Sexwale told the National Assembly during question time that while he respected "the separation of powers" there was a danger case law could impact on policy with dramatic consequences.

"It may end up pushing us into chaos," he told MPs.

Sexwale said last month's ruling by Judge Brian Spilg in the South Gauteng High Court on the fate of some 80 squatters in Berea amounted to "the legalisation of illegality".

Spilg ordered they vacate the building by the end of the month and will then become the responsibility of the City of Johannesburg. The city will have to provide them either with temporary accommodation, or pay each occupier or household head R850 to rent elsewhere.

Govt must pay for squatters


If the judgment were upheld on appeal, the minister said, it would mean that "everywhere they have occupied you have to pay rent for these people" and dire consequences would ensue for municipalities and ultimately Treasury.

Waving an arm around the assembly, he said even if Parliament were illegally occupied the same would apply.

He said the matter had been taken up with Cabinet and Justice Minister Jeff Radebe and could be raised with Ngcobo.

Sexwale said like the historic Constitutional Court ruling in the Grootboom case in 2000, the judgment was based on the Protection of Illegal Eviction and Unlawful Occupation Act, which was meant to stop a perpetuation of apartheid-era wrongs, but has ended up having unintended consequences.

"We attempted to address history, but unfortunately history has turned on us."

Relief for property owners


But he added that he did not want to pre-empt the outcome of the appeal.

"We can only pray," he said.

Spilg's judgment has brought relief for property owners who have struggled to get squatters evicted because the country's courts have been reluctant to evict illegal occupants who have nowhere else to go.

But it has raised fears with authorities that they will be obliged to provide or pay for alternative housing.

It is only binding in Johannesburg, but local authorities elsewhere have expressed concern that it could prove persuasive in other divisions.
 

- SAPA
Read more on:    tokyo sexwale  |  johannesburg  |  housing
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

 

Inside News24

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Camping gear!

We’ve got all your camping must have’s right here at mind blowing low prices. Check them out now!

Herbex – buy 3 & get 1 free!

Fat burn packs, appetite control chewies, stretch mark cream and more. Offer valid while stocks last. Shop now.

30% off Jinger Jack handbags

Spice up your wardrobe and save 30% on stylish Jinger Jack handbags. Offer valid while stocks last. Shop now!

Buy 3 books & pay for 2

The cheapest of the 3 books will be free. Offer valid while stocks last. T&Cs apply. Shop now!

Deal of the week!

Hisense 40” Full HD LED Television now R3999. Offer valid while stocks last. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Mercury has moved into Libra which adds a more social energy to the way you can communicate and connect things. Today is about...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.