Communicare to appeal thwarted eviction bid
Social housing organisation Communicare says it will appeal a Cape Town Magistrate's Court decision which has thwarted its efforts to have a tenant evicted from her Brooklyn home, reports the Cape Times.
The application for eviction in terms of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation Act was brought by Communicare, the owners of the Goedehoop Flats home at which Ncumisa Matu held an indefinite lease agreement.
According to judgment documents, Matu had fallen into arrears with her rental since June 2019 and has remained in continued breach to date.
Communicare, as legal owners of the premises, argued it ‘cannot exercise its rights as the lawful owner of the premise, due to the unlawful occupation’ and the continuous occupation is having a ‘negative impact on the applicant's rights, and is placing a limit on its rights of enjoyment, benefit or trade thereof’.
Matu opposed the eviction listing a number of defects from cracked walls to blocked sewerage pipes.
Dismissing the application, Acting Magistrate Venice Burgins said:
‘I would've thought in light of the unprecedented world-wide pandemic, such as Covid, that more attorneys and or parties to contracts, would've resolved matters through commercial ubuntu, finding common grounds to resolve their disputes amicably instead of merely resorting to the courts without having due regard to these unprecedented times...’
Commmunicare said it plans to appeal the judgment.
‘The respondent is not a leaseholder nor a lawful occupant of the unit in question.' it said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.