The owner of a “hijacked” house in Constantia, Cape Town, has demolished the perimeter wall around his property – but still the “hijackers” remain inside.
The upmarket home has been occupied by illegal tenants for nearly two years, prompting an ongoing legal battle. It was bought a year ago by a property investor – who wishes to remain anonymous – after the previous owner gave up trying to evict the squatters and had to sell at a huge discount.
Repeated attempts to receive an eviction order have been stalled by the occupiers, who appear to be exploiting loopholes in a law designed to prevent illegal evictions.
The house is now falling into disrepair and has become a neighbourhood eyesore. Last month the owner even demolished the front wall, which had become structurally unsound. But rather than move out, the illegal tenants have now rebuilt the “wall” – using the roof of the carport.
Wayne Hufkie, a real estate lawyer specialising in evictions and representative of the owner, this week confirmed the owner had obtained a high court order to gain access to the property.
Repeated requests for assistance from police and the current occupants had failed, he said.
“The council served clients with a notice that the property was presumed to be a problem property and that they required access,” Hufkie said. “As a result of the occupants refusing to give access and SA Police Service not willing to assist, we applied to the high court compelling police and the sheriff of the Court to assist us and that the tenants provide access,” he said.
The owner has also applied for an eviction order.
At one stage last year, the sheriff of the court broke down the fence to serve a summons, but the tenants refuse to budge.
“We’ve sent the sheriff out there on numerous occasions. To evict anybody you must have a court order. But in this matter, each time the occupancy keeps changing,” Hufkie told Sunday Times Daily in December.
He said the situation was one of several similar cases of apparently premeditated illegal occupation.
Neighbours in the quiet suburban street, down the road from Constantiaberg Hospital, have reported unusual activity at the property, sometimes late at night.
One resident said he had applied to the City of Cape Town for a rates rebate because he was “living next door to a slum”.
The city this week said it was aware of concerns around the property: “The (city’s) Problem Building Unit is in the process of preparing an inspection notice on the property,” said Richard Bosman, the city’s executive director for safety and security.
“The PBU will work together with the relevant city departments,” he said.
Sunday Times Daily has been unable to contact the tenants.
