Western Cape Anti-Eviction Campaign

by adri-ann peters

4/12/2007

Source: Peoples Post
EVICTED Gympie Street residents remain positive that their next court appearance will bring with it the prospect of a new home for themselves and their families.

Six families were evicted from a privately owned block of flats in Gympie Street, Woodstock, in April 2006.
The owner of the building applied to the Cape High Court for an eviction order, which forced the families to live on the street for about six weeks until they moved back in June 2006, explained Willy Heyn, chairperson of the Gympie Street residents’ coordinating committee. The building is said to be earmarked by the owner for renovations in preparation for the 2010 World Cup.

When living conditions became unbearable with many residents suffering from physical illness, they decided to stand together and move back into the building. But Sergeant Hilton Malila, police spokesperson for the Woodstock Police Station, confirmed that six warrants of arrest had been issued to be executed on the morning of 29 November. Willy Heyn, Margaret Petersen, Lydia Portland, Marietta Monagee, Sarah Jones and Zubeida Brown were taken to the police station and then escorted to the Cape Town Magistrate’s Court.

They were charged for contravening the court order, but were later released with a warning coupled with instructions to appear on 30 January, when their lawyer, Advocate Zehir Omar, arrives from Gauteng.
Omar said residents who do not have a place to stay have protection under current legislation. “If residents do not have a place to go, they are permitted according to the Prevention of Illegal Eviction and Unlawful Occupation Act to occupy that unoccupied building.

“They are not contravening the order, because they are living in a different address in the building,” he said.
Mzonke Poni from the Western Cape Anti-Eviction Campaign agreed that the arrest executed by Woodstock police on Thursday was by no means a lawful one.

“This is not a criminal issue, it is a civil one and it should have been treated as such, according to civil procedures. The court should make their decision based on reports from both sides,” Poni said.

“The residents did not move back to the original flat units stipulated in the eviction order. Although it is the same building, it was not the same location, therefore proving the charge invalid. Poni said the group would help to resolve the matter through talks with the owner of the building.

The Gympie Street residents have also shown their support for Joe Slovo residents resisting forced removals.
Heyn continued that they would not give up. “We remain positive that things will work out for us. We want to stay in the building, but we’ll be willing to move to another suitable location,” he said.

People’s Post was unable to source comment from the owner of the building at the time of going to print. We undertake to publish this comment when it is forthcoming.