Buffalo City Metro has resorted to the courts in a bid to halt the crisis of informal settlements mushrooming in the metro townships as hundreds of land invaders grab or “sell” municipal land.
Having struggled with land invasion for years, on Wednesday BCM attained a court order from the Bhisho High Court ordering the land invaders to stop erecting “any structure” on open land hotspots in Scenery Park and at Mdantsane’s main entrance.
Acting Judge Xoliswa Bacela gave the land invaders until June 14 to report to court and state why an order allowing BCM to demolish and dismantle shacks should not be granted.
Invaders had attempted or threatened to unlawfully occupy open land in these areas.
At the Mdantsane main entrance more than 400 shacks have been illegally erected, causing a headache for businesses in the area and traditional leaders who used the land during initiation season.
Ward 5 councillor Zandisile Tokwe said in Scenery Park the invaders were stopped by law enforcement and SAPS officers earlier this year after they cleaned and cut grass to erect shacks on an open field.
Judge Bacela ruled that in the interim the land invaders were interdicted and restrained from:
“Entering upon or commencing to occupy or permitting to be occupied on their behalf any part or portion of the immovable property”; and
“Commencing or continuing to erect or occupy or permit to be occupied any structure on the (listed) immovable properties”.
She ruled that the Sheriff of the Court would be directed, empowered and assisted by BCM and the police to take all the necessary and “reasonable” steps to “dismantle and demolish” any structure erected on the two sites.
Ward 11 councillor Sakhumzi Caga said the order followed a council resolution earlier this year to find a sustainable solution to the land invasion crisis.
Caga called the court order a step in the right direction.
However, the chairwoman of the community committee at G-G informal settlement, Nokubonga Gola, said they were not aware of the court interdict.
Gola said the growth of the shacks there was “beyond the committee’s control.
Metro in court to halt spread of land invaders
Having struggled with land invasion for years, on Wednesday BCM attained a court order from the Bhisho High Court ordering the land invaders to stop erecting “any structure” on open land hotspots in Scenery Park and at Mdantsane’s main entrance.
Acting Judge Xoliswa Bacela gave the land invaders until June 14 to report to court and state why an order allowing BCM to demolish and dismantle shacks should not be granted.
Invaders had attempted or threatened to unlawfully occupy open land in these areas.
At the Mdantsane main entrance more than 400 shacks have been illegally erected, causing a headache for businesses in the area and traditional leaders who used the land during initiation season.
Ward 5 councillor Zandisile Tokwe said in Scenery Park the invaders were stopped by law enforcement and SAPS officers earlier this year after they cleaned and cut grass to erect shacks on an open field.
Judge Bacela ruled that in the interim the land invaders were interdicted and restrained from:
“Entering upon or commencing to occupy or permitting to be occupied on their behalf any part or portion of the immovable property”; and
“Commencing or continuing to erect or occupy or permit to be occupied any structure on the (listed) immovable properties”.
She ruled that the Sheriff of the Court would be directed, empowered and assisted by BCM and the police to take all the necessary and “reasonable” steps to “dismantle and demolish” any structure erected on the two sites.
Ward 11 councillor Sakhumzi Caga said the order followed a council resolution earlier this year to find a sustainable solution to the land invasion crisis.
Caga called the court order a step in the right direction.
However, the chairwoman of the community committee at G-G informal settlement, Nokubonga Gola, said they were not aware of the court interdict.
Gola said the growth of the shacks there was “beyond the committee’s control.
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