FYNBOS FACTS OF THE MATTER
Following the eviction that was carried out by the Sheriff in Fynbos, below is the timeline of events:
• BCMM is faced with a backlog in the provision of houses to qualifying residents, and is chasing a moving target as people migrate and settle in the City looking for better opportunities
• In complying with Constitutional provision of providing houses, BCMM identified land parcels for housing projects.
• Erf 2413 in Fynbos was identified as suitable land for housing projects which will provide houses for approved beneficiaries who are on the BCMM housing waiting list and qualifying.
• BCMM requested funding from Department of Human Settlements for this project.
• Numerous qualifying individuals on the BCMM housing waiting list are approved by Department of Human Settlements, after they were verified that they meet the criteria to be beneficiaries.
• The lawful process is that when the building of houses is completely built the lawful beneficiaries take occupation.
• In Fynbos this could not happen due to illegal occupation.
• The Fynbos houses were illegally occupied on or about 9 July 2018
• The houses were in possession of BCMM before they were invaded and unlawful occupied.
• The occupiers have unlawfully dispossessed BCMM of these properties / houses thus BCMM is entitled to restoration of these houses under mandament van spolie which is a speedy remedy intended to return the possession of the property to the rightfully owner and to end lawlessness.
• On or about 26 July 2018, BCMM lodged an urgent court interdict seeking relief that the illegal occupiers be evicted.
• Fynbos illegal occupiers were in court and requested the court to grant the opportunity to be legally represented which the court agreed.
• On the 27 July 2018, the court granted BCMM an interim order with return date in 4 September 2018 to allow Fynbos illegal housing occupiers attorneys to present their case.
• The court finalized this matter, judgement was issued 18 April 2019 granting BCMM to evict unlawful occupiers of houses in Fynbos.
• BCMM, SAPS and Sheriff executed the court order on the 26 June 2019.
• In all the above legal proceedings, the unlawful Fynbos Houses occupiers were individually advised to vacate the houses and were given reasonable notices to do so.
• News paper adverts as well radio communication informing the public and illegal occupiers of the eviction court order was done and letters to the illegal occupiers were delivered.
• It is important that we uphold the law and abide by the constitution of the Republic as part of our democratic