MOGALE CITY
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Families evicted to make
way for golf estate

26 February 2007

By Tiro Mahlakoleng

A NUMBER of families were evicted from a farm in Muldersdrift, as the farm is allegedly destined for a golf estate development.

Some 18 families, including men, women and children, were evicted from Plot 70 of the farm Lindley, which is also known as Penny Bridge farm. Their possessions were loaded on to a truck, which drove off with their clothes, beds and utensils while they watched the demolition of their houses.

"We have no change of clothing - our clothes were loaded on to a truck and we do not know how and when we will get our possessions back," said a woman who wanted to remain anonymous.

It is alleged that the families were verbally instructed to leave the farm, but that there was no formal written eviction order. "They told us to vacate the premises on the very same day they demolished the buildings, and when we asked them why they told us the farm was bought by a developer who was going to establish a golf estate on [it]," she said.

On being informed of the evictions, Mogale City; Refilwe, a non-governmental organisation; and the West Rand District Municipality provided temporary shelter in the form of four canvas tents, water and sanitation, mattresses, toilets and a daily meal. The tents, six by three metres in size, were provided by the district municipality, and were shared by the 18 families. Women and children filled two tents, with men in the other two.

The owner of the farm allegedly got an interdict prohibiting Mogale City, the South African Police Service and the Department of Land Affairs from entering the property. However, the department and Mogale City saw an urgent need for legal intervention and appointed Hugo and Ngwenya Attorneys to take up the issue.

The eviction, which took place in the middle of February, appears to contravene the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act. According to that Act, if a court is satisfied that the requirements for an eviction have been met, it must grant an order of eviction and determine a date on which the unlawful occupiers must vacate the land.

The landowner allegedly did not issue a written eviction order and did not organise alternative accommodation for the families.

Mogale City's director of rural development and tourism, Segware Rapolai, said, "The owner did not follow the right procedure to evict these innocent people and we are pleased that he has been issued a court order to build temporary structures for affected people."

A court order was issued compelling the landowner to erect temporary suitable accommodation with electricity connections, water and sanitation until the final ruling of the High Court.

On a visit to the site of the new houses, 10 days after the eviction, a company called Wraypex was applying the final touches to wooden, one-roomed houses with dual electrical lights and plugs.

The landowner could not be reached for comment.



The tents provided by the West Rand District Municipality

The tents provided by the West Rand District Municipality

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The temporary structures erected to accommodate the evicted families following a court order

The temporary structures erected to accommodate the evicted families following a court order