A dispute over a boundary wall in upmarket Vredehoek has pitted the City of Cape Town against an immigrant family from Australia with former ambassador to Ireland, Melanie Verwoerd, in the middle.

A Cape Argus report says the dispute, which is the subject of litigation, could see owners Yazeed and Janine Evans evicted from their home in High Cape, Vredehoek.

The Evans family moved to Cape Town from Australia in 2014 and built their dream home in Vredehoek, taking possession in late 2015.

According to the city’s regulations regarding occupational certificates, approval for occupation can be granted 'only if all the work has been completed according to the approved plan, with all conditions of approval met. For safety reasons, the new building may only be formally occupied once the certificate has been issued'.

The city now wants to evict the Evans family because of a boundary wall that has never been built.

The family claim that Verwoerd had originally agreed to pay for 50% of the wall’s costs but later reneged on this. They claim to have experienced ‘blatant discriminatory behaviour from the City of Cape Town’ and say it is this that ‘has resulted in the city lodging an eviction application to the High Court’.

A letter from the Evans family’s lawyer, Bridget Ellender, of Dunsters Attorneys and Conveyancers, to Verwoerd’s lawyer, George van Niekerk, of ENSafrica, claims Verwoerd has in her possession approved plans from the city for a wall to divide the two erfs going back to 1996, but the wall was not built.

The city said: 'The city has launched the court proceedings pursuant to its obligation to enforce the provisions of the National Building Regulations and Building Standards Act no 103 of 1977.'

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