The ruling follows complaints made by the body corporate of a sectional title scheme, The Six, which refer to numerous engagements with the city in a bid to curb activities that pose societal, health, environmental and safety risks:
, the city raised several technical arguments about hearsay in relation to these allegations, and accepted that the allegations have, in some measure ‘basis in fact’. ‘It is an unfortunate reality that the vacant erven in District Six, in close proximity to the CBD, pose a unique problem in that these properties serve as magnets for the landless and socially marginalised segments of the community. Illegal occupation, vagrancy and associated social problems are a persistent problem in the area.
‘In its revised relief the applicant seeks a final interdict against the City directing it to take all steps reasonably necessary to: Further to this, the court held that the City should obtain an eviction order in order to address the unlawful occupiers under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998. To this end, Judge Judith Cloete says the City has not taken any formal proceedings for the eviction of the occupants. ‘According to the City, the redistribution process will allegedly be completed in August 2024.
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