Sat May 25 19:05:48 SAST 2013
Sat May 25 19:05:48 SAST 2013

Marlboro residents take fight for land to court

Aug 15, 2012 | Alfred Moselakgomo | 38 comments

An urgent application brought by Marlboro residents in Alexandra, north of Joburg to demand an end to their evictions, is set down for judgment on Friday

Since August 2, the Johannesburg Metro cops have been forcibly evicting squatters of Marlboro Gardens because they are occupying privately owned land.

However, residents say evictions are illigal as they were not informed on time about pending evictions nor a court order.

Nomsa Nyalunga, who has been staying in the area for the past three years, said she had nowhere to sleep.

She said for the past three days, she and her three kids were forced to sleep in an open space.

“My kids can't even attend school anymore because we have lost everything. They can't bath or eat because all our belongings have been taken away by the state,” she said.

Another affected dweller, Noxolo Matros, who has been staying with her four kids, said she was shocked by the evictions.

“There was no notice that we would be evicted and was shocked when I received a call from my child that our houses had been reduced to a pile of rubble.

“I left my workplace and rushed to my house when I got there, found a bulldozer levelling the houses. It was like a movie,” she said.

The move has left about 1,000 people, including children as young as one, homeless.

Most of the affected people said they were seeking shelter to protect themselves from the cold.

The community has enlisted services of the Lawyers for Human Rights (LHR) for the relief.

Louise du Plessis, attorney for the LHR, said the current evictions was a second attempt in two months.

“In another incident on 27 June, the notorious Red Ants raided the settlement in the early morning hours, again without a court order, but were unable to remove the residents after protests.

“This situation is shocking. The law is clear. There are countless court orders requiring a court order before an eviction can take place,” she said.

“This blatant disregard for what the courts have repeatedly said is especially worrying considering JMPD is tasked with upholding the law.”

Metro Police spokeswpman, Supt Edna Mamonyane said it was their responsibility to enforce by laws of the city.

“We can't allow people to just wake up and occupy privately owned land,” she said.

- alfredm@sowetan.co.za

Comments

Sat May 25 19:05:48 SAST 2013 ::
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Aug 15, 2012

LBS

>>Metro Police spokeswpman, Supt Edna Mamonyane said it was their responsibility to enforce by laws of the city.

“We can't allow people to just wake up and occupy privately owned land,” she said.<<

Good for Supt Mamonyane!!
The more RDP houses built, the more squatters appear! Where are they coming from?

The rule of law MUST be applied!
The land owner has rights too and those of the squatters should not be allowed to take precidence.
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Aug 15, 2012

MommaC

So where was Nomsa Nyalunga sleeping three years ago and who told her that she could just sommar take over that piece of land?

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Aug 15, 2012

mathopeed

Provide them with new RDP houses finish and klaar.
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Aug 15, 2012

beautiful4

ok, councill and metro police come up with the solution. where do u take this people?
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Aug 15, 2012

cornelius

Unfortunately for the JHB Metro, they are in trouble - in terms of the so called PIE ( Preveniton of Ilegal Eviction from and Unlawuful Occupation of Land) Act, no one may be evicted from their homes without a court order. This is a metro run by the ANC , which frequently accuses farmers of illegally evicting farm workers. There is no such thing the law is very clear, you have to apply for eviction in terms of the PIE Act
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Aug 15, 2012

Tsafendason

Privately owned land, owned by who? JHB Metro must do something about lack of housing, lots of free land is waisting away here in Gautend and JHB Metro to be specific with owners who are in New Zealand, Australia, USA etc when our people have to squeaze in with each other in health hazard areas, why should that be allowe to continue? if you see Alex and how people live there, its a shame when just across them there's free empty land owned by one individual they do not even know.

I hope the court not only ask the to stop this inhuman practice, but orders them to rebuild people's houses. ANC JHB, what is your response to this barbaric acts?
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Aug 15, 2012

Maphum28

Firstly JHB Metro have to ensure that the documents (court order and notices) are there and in order before they got themselves involved in this matter. How do you "enforce laws" when you clearly ignore the Acts?
Secondly, Government need to seriously consider decentralisation because scores of people still think they can come to Gauteng to find a job and errect squatter camps anywhere. economic development should take place just as much in other areas of SA and grow job opportunities. Then this province would not be so overcrowded.
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Aug 15, 2012

OLDLADY4

Ja, I don't quite know what to think. Everyone has rights, including the land owners. Then again, I'm all for the "use it, or lose it" way of thinking when it comes to farms been taken back and given to people not using it productively, so I suppose the same should apply here. Use it, or lose it to people needing it more.
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Aug 15, 2012

TDK

Why should you follow 'procedures' when evicting people who occupied your land illegally? Surprisingly, the authorities do nothing to stop the erection of the first three shacks until the squatter camp has mushroomed.
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Aug 15, 2012

Zinele

I live in Alex. You won't believe thatthis shacks were build in two days about 4 - 5 months ago. Where did they leave before that and where did they come from to occupy someones private property like that. This is the second group to be evicted, the other group was evicted about three weeks ago.

What they are doing is illigal and they must be evicted.
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