City squatter camp court fight rages on

Pictures: Sibusiso Ndlovu.

Pictures: Sibusiso Ndlovu.

Published Jun 17, 2013

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Home owners in upmarket suburbs around the Woodlane Village informal settlement in Moreleta Park have once again turned to court because they do not believe the Tshwane Metro Council is adequately controlling access to the area.

The shanty settlement near the Woodlands Boulevard shopping centre – nicknamed “Plastic View” – is home to at least 3 000 residents.

In 2009 the court ruled that the council was obliged to ensure that the settlement remained fenced in to prevent more people from moving in.

The council was ordered to ensure that the perimeter fence was maintained and that security guards at both entrances controlled access.

But home owners associations from Mooikloof, Woodhill, Meadow Glen, Meadow Ridge and Moreleta Park Extension 44 have now asked the Pretoria High Court to commit the metro council’s director for housing resource management, Fanie Fenyani, to a month behind bars.

This comes after two judges had in the past warned that Fenyani, a council official, could face a month in jail for contempt of court.

The home owners last week told Judge E M Kubushi that there were holes in the fence and that these had not been repaired by the council.

But the council claims it has complied with the court orders and that it regularly checks the fence and makes repairs when necessary.

The judge said she was faced with two conflicting versions before her.

The home owners – who engaged the services of Fidelity guards to monitor the situation – said the council had not honoured the court order.

According to Fidelity, there were holes in the fence, allowing free access in and out of the settlement.

The home owners also complained that the council’s security guards did not man the entrances to Woodlane and, as a result, the number of people living in the village, had increased.

The home owners said the council was supposed to monitor the area daily, but that it only went to the area at intervals of about six weeks.

According to the city though, it regularly patrolled the area, but said residents of Woodlane made it difficult for the council to maintain the area.

Residents had cut holes in the fence to create a short cut from the road, as they found the gates too far, it said.

The council repaired the fence from time to time but the claim of new holes being cut was supported by Fidelity, which said in a report that it often found new holes next to those that had been closed.

The judge, in turning down the application, said it was clear that the council had fixed the fence, whenever holes were found.

She said it may well be that the council’s visits were not all that frequent, but this issue was debatable.

The fate of residents of Woodlane had been hanging in the balance since 2006 when the police burnt down their shacks.

They at the time turned to the court for help to stay on the site.

Their plight even featured in the appeal court, which ordered that the Tshwane Metro Council had to ensure that the existing residents had basic shelter.

This was subject to a string of conditions, including that they must stay in a demarcated area and no new people be allowed to move in.

As the original residents died or moved, their shacks were demolished to create space for vegetable gardens.

These residents received a lifeline a year ago, when the area was earmarked for housing.

It was agreed that those who qualified, could apply for the housing scheme.

One of the conditions was that if the council had failed by November this year to establish the area as a township, the home owners could ask the court to evict the residents of Woodlane Village.

The residents have been embroiled in a struggle with the council for years to make a plan with the about 856 households living on the koppie which overlooks homes in luxury estates. - Pretoria News

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