Illegal structures

MOSSEL BAY NEWS - Residents in Mayixhale Street, KwaNonqaba, are complaining about illegal structures being built around their homes.

A homeowner there told the Mossel Bay Advertiser they bought their house because the area was clean and safe.

"Now there are shacks and illegal structures going up everywhere. People are also making use of illegal electricity connections and some of those wires run all the way in front of our homes."

The resident says her husband has heart problems and they can't sleep at night, due to the noise of everyone outside.

She says she has contacted the police but the problem is only getting worse. Police spokesperson, Sergeant Kappie Kapp says police have received such complaints. He says the police's role in demolishing such illegal structures is to provide safety for municipal officers as well as the sheriff. Sgt Kapp says police can only assist with this if the municipality gets an eviction order against the illegal occupants.

Ongoing problem
Mossel Bay municipal spokesperson Nickey le Roux says the municipality recently acted preventatively against the illegal land occupation by obtaining High Court interdicts for undeveloped municipal land.

However, the municipality's preventive action against the illegal land occupation is hampered by several factors. Legislation, including the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, Act No. 19 of 1998, which provides for procedures for the eviction of illegal residents and prohibits illegal evictions, requires that a comprehensive and often time-consuming legal process must be followed before evictions are legalised by the court.

This law also requires that alternative land or housing must be provided to the illegal land occupiers, should the occupiers be able to prove their place of residence was inhabited at the time of removal.

Law problems
Le Roux says the municipality constantly takes a preventative approach by instructing illegal occupiers to demolish the shacks, in cases where structures are put up.

"However, when a structure is inhabited, such as when furniture within the structure becomes apparent, the court usually requires that an alternative residence be provided by the landowner.

"It is often experienced that structures are erected with furniture that is placed in the unfinished dwelling while it is being put up, so that it can be argued that the dwelling was inhabited at the time the law enforcers instructed that the structure be demolished."

Le Roux says another problem the municipality faces is that illegal structures are often set up during the night, when it is too dangerous for municipal staff or the police to act. "The structures are also often erected in inaccessible areas, which complicates action by law enforcement."

Le Roux asks that where possible, information be provided as soon as preliminary work for a structure begins, to enable preventive action.

An illegal electricity connection in Mossel Bay.