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Let us back in, evicted squatters ask court

Tired of "living on the street like dogs", squatters who were evicted from a Durban complex owned by controversial businessman Jay Singh, are fighting to be let back in.

In November last year, Singh's company, Woodglaze Trading, obtained an order for the eviction of 96 families illegally living in the Hilldale complex in Newlands West.

Singh is linked to the Tongaat Mall which collapsed in 2013, killing two and injuring 29.

Supported by members of the Economic Freedom Fighters (EFF) and Abahlali baseMjondolo (a group aiding South Africa's shack dwellers), the illegal tenants on Tuesday applied at the Durban High Court for last year's decision to be reconsidered.

Members of the EFF, including provincial organiser Phillip Mhlongo, and displaced residents protested outside court sporting T-shirts bearing the words "The poor now suffer in the hands of the rich" and "Justice, Peace, Dignity".

Woodglaze Trading had been trying to remove the squatters since December 2013, to allow the legitimate owners of the flats to move in.

Last month, the eviction order was carried out but police had to be called in to calm angry residents.

In court papers, Sanele Wiseman Xhakaza, one of the evicted residents, said that they now live in a communal tent outside the Hilldale complex.

Xhakaza said the squatters were not questioning ownership of the complex, but were asking that they be allowed to continue their "occupation of the property pending an order granted by a court in terms of the Prevention of Illegal Eviction Act".

"We do not accept that we are liable to be removed from the property and made homeless in terms of discredited procedures and where we have not been given the opportunity to place our case before a court," he said.

Xhakaza called Woodglaze Trading's application an "abuse of power".

In responding papers, Woodglaze Trading's Pravashkumar Inderjeeth said the squatters had "no rights" to the property, noting that they had twice taken occupation of the units "forcibly and violently".

Inderjeeth said, despite being made aware that the eviction order had been granted on December 2, the illegal residents only sought legal assistance this month.

The case was adjourned to next month.

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