Court rules in favour of Benevolent Park evictees

Update

MOSSEL BAY NEWS - The Mossel Bay Magistrate's Court finally delivered its judgment on Friday 25 July regarding the legality of the eviction order several residents of Benevolent Park were served earlier this year.

The court ruled in the evictees' favour, allowing them to continue residing in their homes at Benevolent Park, a home for senior citizens in Mossel Bay.

This judgment comes after a months-long legal battle between seven residents and Benevolent Park's board of directors. The residents argued the eviction order was illegal, as they believe it was in violation of the Older Persons Act 13 of 2006.

Virgil Harris, chairperson of the Mossel Bay Community Action Task Committee, told Mossel Bay Advertiser the residents were relieved the situation had finally been concluded.

Two out of the seven

All seven residents of Benevolent Park named in the eviction order, applied for by the home's board of directors, were present in court on Friday.

According to Harris, two of the seven were separated from the original group by the court due to allegations against Benevolent Park of human rights abuses, as well as allegations of unpaid rent on their part. The court considered this to be a separate matter from the eviction notice, but ultimately ruled in favour of all seven.

Speaking out

The residents who appeared in court claim that because they spoke out about their dissatisfaction with the home's management and the municipality, they have been targeted and asked to leave.

The Mossel Bay Municipal Council decided to deregister Benevolent Park as a non-profit organisation (NPO) in March last year and establish a non-profit company (NPC) in its place.

According to municipal council items, one of the reasons for the NPC's creation was the financial challenges the home was facing, but according to the former evictees, this was significantly opposed by both residents and the broader community.

One of Benevolent Park's board directors, Arthur Riordan, previously told the Advertiser that the board would have had no problem overturning the eviction order, as long as the residents complied with the rules of the seniors' complex.

According to him, the eviction order was applied for due to alleged issues of unpaid rent, refusal to sign the home's code of conduct, disobeying house rules and refusing to become members of the NPC.

These residents and their supporters maintain there is an illegal body managing the affairs of Benevolent Park.

Not all Benevolent Park's resident were on the same page. Others told the Advertiser they were quite happy living there and had no complaints. Photo: Gabriélla Siebritz

However, not all Benevolent Park's residents are on the same page. Others told the Advertiser they were quite happy living there and had no complaints.

Municipality and board of directors respond

Those opposing the eviction order handed over a list of demands to Mossel Bay Mayor Dirk Kotzé and representatives of the National Department of Social Development, following some protest action outside Benevolent Park in April.

The municipality told the Advertiser on Wednesday 30 July that the list of demands was subject to further consideration and discussions.

When asked for comment on the court's ruling, the municipality responded by saying: "The Benevolent Park NPC is an independent legal entity and the municipality can therefore not comment on a ruling made by the court, other than to note and respect such ruling."

The Advertiser attempted to contact Benevolent Park's board directors for comment, but had been unsuccessful by the time of going to press.

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