NOTICE OF MOTION
In the High Court of South Africa East London Circuit Local Division. Case No: EL388 /2021.
In the matter between: WEST RESTITUTION ASSOCIATION (PTY) LTDSECTION 21 COMPANY NO. 2001/026478/08 (First Applicant) BUFFALO CITY METROPOLITAN MUNICIPALITY (Second Applicant) and ALL PERSONS UNLAWFULLY DEMARCATING, ALLOCATING AND/OR BUILDING STRUCTURESON A PORTION OF ERF 66847, EAST LONDON(First Respondents) THE SHERIFF OF THE HIGH COURT, EAST LONDON (Second Respondent) THE STATION COMMANDER,EAST LONDON POLICE STATION (Third Respondent)BUFFALO CITY METROPOLITAN MUNICIPALITY MUNICIPALITY (ito PIE Act, A.)
PART A BE PLEASED TO TAKE NOTICE that applicants intend to make an application to the above Honourable Court on Tuesday 6 April 2021 for an order in the following terms
-1. Condoning the applicants’ failure to comply with the Rules of this Honourable Court relating to service and time limits and directing that this matter be enrolled and heard as one of urgency in terms of Rule 6(12) of the Rules of this Honourable Court as a semi-urgent application.
2. That a Rule Nisi be issued calling upon the first respondents and any other person who may have an interest in this matter to show cause before this Honourable Court on 18 May 2021 at 09h30 or so soon thereafter as Counsel may be heard why a final order should not be granted in the following terms:
2.1 Interdicting and restraining the first respondents or any other person from continuing to allocate or to demarcate themselves; the first applicant’s land namely Erven 66847 East London.
2.2 Interdicting and restraining the first respondents or any other person from continuing to erect any structures on the aforementioned property.
2.3 Directing the first respondents or any other person (s) under his/ their authority to demolish and remove any structures erected on the aforementioned property.
2.4 In the event the first respondents or any other person (s) under his/ their authority failing to remove the structures referred to in sub-paragraph 2.3 above within (15) fifteen days from the date of issue of the Court Order, directing the second respondent, duly assisted by the third respondent, to demolish and remove any structures erected on the property.
2.5 Directing the second respondent or any other person appointed by him to demolish and remove any structures erected by the first respondent on the property.
2.6 In so far as it may be necessary and to enable the second respondent or any other person appointed by him to fulfil the duty referred to hereinabove, the third respondent, through the members of the South African Police Services, is authorised to assist and protect the second respondent and/or his appointees.
3. That sub-paragraphs 2.1 to 2.2 shall operate as an interim relief pending the finalization of this matter. 4. Directing the applicants to publish a copy of this Notice of Motion in one issue of the Daily Dispatch and lsolezwe Newspapers and that an announcement be made on Umhlobo Wenene Radio Station informing the first respondents and any other interested person of this intended application and that a final order in terms of paragraph 2.1 - 2.6 will be sought against them and advise this Court that this has been done.5. An attempt be made to affix a copy of the founding papers on the partially built structures at the property.6. That any person, party and/or entity having interest in this matter may approach the applicants’ legal representative to uplift a copy of the papers filed of record in this matter.7. That the first respondents be ordered to pay costs of this application jointly and severally, the one paying the other to be absolved.8. Further and/or alternative relief.
B. PART B BE PLEASED TO TAKE NOTICE that applicants intend to make application before the above Honourable Court for an Order in the following terms:
1. That the second respondent or any other person(s) appointed by him are authorized to evict the first respondents from property described as Erven 66847, East London.
2. Directing the third respondent to assist the second respondent, if necessary.
3. Directing the first respondents to pay the costs of this application jointly and severally the one paying the other to be absolved.4. Granting the applicants such further and / or alternative relief.
BE PLEASED TO TAKE NOTICE FUTHER that the founding and supporting affidavits of Andile Sihlahla on behalf of the second applicant and Lesley Philemon on behalf of the first applicant together with annexures thereto, will be used in support hereof.
KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING ACCORDINGLY.
Dated at East London on this 1st day of April 2021.
MAKHANYA ATTORNEYS.
Applicants’ Attorneys Second Floor, Foschini Building Cnr Oxford & Argyle Streets EAST LONDON
TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT AND TO: ALL PERSONS UNLAWFULLY DEMARCATING, ALLOCATING AND / OR BUILDING STRUCTURES ON A PORTION OF ERF 66847, EAST LONDON First Respondents AND TO: THE SHERIFF OF THE HIGH COURT Second Respondent Quigney, East London AND TO: THE STATION COMMANDER, EAST LONDON POLICE STATION Third Respondent Fleet Street, East London