Durban – The Department of Social Development on Wednesday lodged an urgent high court application to evict residents of the Enduduzweni Centre For The Disabled in uMlazi because they “overstayed their welcome”.
However, many of the residents, who were at the Durban High Court on Wednesday, intend opposing the application.
Their attorney, Thabiso Mbhense, of the Legal Resources Centre, said they had been given until March 8 to file their answering affidavit.
Social Development MEC Weziwe Thusi sought the order to evict more than 35 people from the facility so it could be renovated.
According to the department’s court papers, the building was described as a danger to the occupants and had been declared unsuitable for human habitation by a health and safety officer from the Department of Public Works, who conducted an inspection in 2016.
The inspector found dilapidated and leaking roofs, no hot water, exposed electrical wires and problems with the ablution facilities.
The officer then recommended the facility be shut.
The department said, in the court papers, the occupants were initially supposed to be boarding for a period of between six and 12 months, and not on a permanent basis.
The residents on Wednesday protested outside court, saying they would not move unless alternative accommodation was provided and also that they were given the assurance they would continue to get their stipends.
Although the department described the facility as a commercial and training facility, the occupants told the Daily News it was their home for many years and claimed they had nowhere else to go.
One of the occupants, Themba Shiba, said he had lived at the facility since 1980. He said he had a family and children, but was unable to return home.
“The facility is suitable for a person with my disability. Everything I need to live a better life is right there."
“I would not be able to cope if they sent me home. The stipend helped me support my family,” he said.
In its court papers, the department said it had no obligation to provide alternative accommodation to the residents because they had homes and families they visited over Easter and the festive season.
The department said the occupants had refused to vacate the premises for more than a year, even after being served with notices.
Residents apparently refused to give way to another group to benefit from the programme.
It said the occupants were putting pressure on the department to continue providing their stipends, despite having long completed the training programme.
Ngilo Gasa, the residents’ spokesperson, said they were angry because they were not consulted and were just told to leave.
He said they had recommended that instead of moving them, the renovations should be done on one portion of the building while they continued to live in the other.