The Western Cape High Court has set aside an eviction order against a group of families occupying units at a social housing complex in Thornton. Photo: Marecia Damons
The Western Cape High Court has set aside an eviction order against a group of families occupying units at a social housing complex in Thornton.
Communicare says 11 apartments were illegally occupied in its Albatros complex in August 2019.
After a year-long battle, Communicare has obtained an eviction order.
However, a lawyer representing the occupiers obtained an urgent order preventing the family’s evictions.
The case is expected to return to court in March.
Families facing eviction at a social housing complex in Thornton, Cape Town, have been given a three-month respite after the Cape High Court set aside their eviction order until March.
Tenants facing eviction at Albatros complex are no longer required to move after an urgent application for an interdict against social housing company Communicare was filed at the Cape High Court on Tuesday.
In August 2019, 11 units at Commicare’s 81-unit rental Albatros complex were illegally occupied. The company applied to the Cape High Court in September 2019 for an order to have the occupiers removed from Albatros. The court issued an eviction order giving them until Monday 14 December to vacate.
But on 15 December, Advocate Anele Mbenyane, representing the 11 families under the name Albatros Housing Incorporated, filed a notice of motion in the High Court to stop the evictions.
The urgent court application also asked for a full forensic audit into Communicare, the suspension of the company’s board members, to overturn the transfer of properties from Communicare to Goodfind Properties, and to prohibit the eviction of residents at the Albatros complex.
The Cape High Court eviction order has been set aside until March and no evictions at Albatros will be executed.
Neville Petersen, tenant and chair of Albatros Housing Incorporated, said: “We have tried to talk with Communicare to find an amicable solution and to even offer lease agreements to those tenant beneficiaries Communicare wants to evict. But this was rejected by Communicare’s Board.”
According to Communicare’s Megan Lennert, the company had not yet been served with the interdict against the eviction, but the company is aware of the court action.
The matter will be heard in court on 12 March.
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