PRESENTATION TO THE PORTFOLIO COMMITTEE ON

HUMAN SETTLEMENTS

25 JULY 2013

NEWTOWN URBAN VILLAGE EVICTIONS

1

BACKGROUND 3DHS INTERVENSION 7LEGAL PROCESSES 9PROPOSED CONSULTATIVE PROCESS 10

TABLE OF CONTENTS

2

The Department of Human Settlements (National Department) became aware of this matter in March of 2012 when it was served with a motion application to join the Minister of Human Settlements and Gauteng Member of the Executive Council responsible for Local Government and Housing...in a matter between JHC and Newtown Housing Co-operative (the Co-operative) .

BACKGROUND

3

THE APPLICATION (JOINDER) WAS HEARD AND DISMISSED BY ACTING JUSTICE MLONZI SITTING IN THE SOUTH GAUTENG HIGH COURT, ON 26 APRIL 2012.

THE HEARING PRECEDED AN APPLICATION FOR AN EVICTION ORDER BY THE JOHANNEBSURG HOUSING CORPORATION (JHC) AGAINST THE ILLEGAL OCCUPANTS OF NEWTOWN URBAN VILLAGE.

BACKGROUND

4

THE JHC PURCHASED THE VILLAGE FROM A PUBLIC AUCTION ON 26 NOVEMBER 2009 AND TOOK TRANSFER/ OWNERSHIP OF THE VILLAGE ON 11 APRIL 2011. JHC IS A SECTION 21 COMPANY, WHICH MANAGES VARIOUS PROPERTIES ON BEHALF OF THE CITY OF JOBURG.

BACKGROUND

5

THE AUCTION FOLLOWED THE LIQUIDATION OF THE CO-OPERATIVE ON 07 AUGUST 2009.

JHC WAS AWARDED A FINAL EVICTION ORDER BY JUSTICE WILLIS (JUDGE) OF THE SOUTH GAUTENG HIGH COURT ON 15 NOVEMBER 2012.

BACKGROUND

6

On 24 June 2013, the DEPARTMENT held ameeting with the City of Joburg, the NHFC and SHRA.

The City of Joburg was requested to provide a report which would have formed the basis of future discussions aimed at finding an amicable solution to this matter.

DHS INTERVENTION

7

THE ATTORNEYS FOR THE EVICTED PARTIES HAVE PROPOSED THAT THE ISSUE OF A CO-OPERATIVE BE RECONSIDERED. FURTHER THE SAID ATTORNEYS HAVE UNDERTAKEN TO ACT AS MANAGING AGENTS OF NEWTOWN AND COLLECT RENTAL.

DHS INTERVENTION

8

IT SHOULD BE NOTED THAT THE EVICTIONS FOLLOWED A LEGAL PROCESS.

THE NHFC WAS INVOLVED IN THE LIQUIDATION OF THE CO-OPERATIVE.

THE COURT RECORD REVEALS IMPROPER CONDUCT BY THE EVICTED PARTIES.

LEGAL PROCESSES

9

THE DEPARTMENT SUGGESTS THAT A MEETING BE HELD BETWEEN THE NATIONAL DEPARTMENT, GAUTENG DEPARTMENT OF LOCAL GOVERNMENT AND HOUSING, CITY OF JOBURG AND THE ATTORNEYS ACTING FOR THE EVICTED PERSONS.

PROPOSED CONSULTATIVE PROCESS

10

THE DEPARTMENT WILL COORDINATE THE CONSULTATIVE PROCESS, WHICH IS AIMED AT ASSISTING THE AFFECTED PARTIES TO FIND AN AMICABLE SOLUTION FOR THE VULNERABLE AND POOR RESIDENTS OF NEWTOWN URBAN VILLAGE.

PROPOSED CONSULTATIVE PROCESS

11

COMMENTS AND/ OR QUESTIONS

12