Tenant gets no support to evict ex-partner
A legal tenant at a City of Cape Town-owned property is struggling to receive support from officials to evict individuals who have occupied the flat.
A Weekend Argus report says this is despite a request by the Western Cape High Court judge for officials to assist Moenier Eksteen evict his former partner and her children from his flat in Rugby.
The attempts date back to 2022, when Eksteen’s family asked a Ms De Bruyn to move out after the relationship ended.
Instead, charges were laid against Eksteen, and a protection order was granted, preventing him from entering the property.
A letter from the judge, which was presented to the housing officials, set out his predicament: ‘Eksteen is seeking legal assistance with eviction proceedings to restore occupation of the said premises to him. Therefore, kindly note that Mr Eksteen’s failure to resume occupation is neither wilful nor mala fide but consequent upon his bail conditions and pending legal proceedings. However, as soon as he is legally able to resume occupation, he will do so.’
When De Bruyn refused to move out, the Eksteens also wrote to city officials responsible for housing, seeking assistance.
‘Last year, (city officials) shouted at us, saying we must evict them. Now that we’ve done everything legally possible, they refuse to give a letter of support for the eviction. So, I must be homeless, but I’m still paying rent for a home that I love,’ said Eksteen.
Despite numerous acknowledgements of the letters and promises to investigate the matter, no action has been taken by the officials.
Eksteen is recognised as the legal tenant in the contract with the city and has been paying rent for the flat.
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.