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19 February 2008

The judge in the Delft eviction matter leaned over backwards to allow the people who invaded Delft houses to state their case. He stopped their being evicted on Christmas Eve, gave them time to prepare their argument, and when he granted the eviction order he gave them 11 days to vacate the premises.

Giving reasons for his judgement yesterday, Mr Justice Deon van Zyl said he was satisfied that it was just and equitable to grant the eviction order against those who unlawfully occupied 1 600 houses on a building site from mid-December.

Refusing the unlawful occupants leave to appeal the order, the judge said he had the indelible impression that they were merely trying to protract the legal proceedings as long as possible. The fact that their legal team had waited until the eve of their eviction to launch an appeal, was indicative of bad faith and should be reported to the Law Society.

Much as the court sympathised with poor people who had followed bad advice from a Cape Town City Councillor who should have known better, it could not sanction home invasions because anarchy would result.

There was no question that government or the building contractors should provide alternative accommodation because the houses had been unlawfully occupied, Judge van Zyl said.

This morning at dawn, the Sheriff of the Court moved into Delft, supported by police. It is the sheriff's job to ensure that the order is complied with, and the role of the police to ensure the sheriff can do his or her job.

The rule of law must prevail. The houses must be returned to the building contractors for repair and completion, and allocated according to the equitable allocation policy agreed to by the three spheres of government at the commencement of the N2 Gateway Pilot Project.

The South African government has built and given away free more than 2,4 million houses since 1994. This is more houses than any other country in the world has managed in this time.

The N2 Gateway is a national pilot project aiming to pioneer a new and improved housing policy that will see the delivery of more and better-quality houses for poorer South Africans in integrated human settlements. It is a project that should be nurtured and guarded by all South Africans.

The Department of Housing is committed to ensuring that the project can proceed with minimum delay and renewed vigour.

Enquiries:
Ndivhuwo Mabaya
Cell: 083 645 7838

Issued by: Department of Housing
19 February 2008
Source: SAPA