Lourensia Park residents push for answers over summons for illegal dwellings on property

One of the upset resident from Lourensia Park, Charmaine Bevers. Lourensia Park residents, in Somerset West, are angry at the City of Cape Town, after they received summons in criminal proceedings for their backyard structures. Picture: Ayanda Ndamane/African News Agency (ANA)

One of the upset resident from Lourensia Park, Charmaine Bevers. Lourensia Park residents, in Somerset West, are angry at the City of Cape Town, after they received summons in criminal proceedings for their backyard structures. Picture: Ayanda Ndamane/African News Agency (ANA)

Published Sep 29, 2021

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Cape Town - Lourensia Park residents, in Somerset West, handed over a petition demanding that the City provide clarity, regarding the issuing of summonses to the resident.

This is after residents were angry and disappointed, after they received summonses for illegally building additional dwellings on their properties.

They received letters from the clerk of the criminal court, at the Somerset Magistrate's Court, on August 19, stating that they were guilty of contravening sections of the National Building Regulations and Building Standards Act.

Community activist Niklaas Thysen said the City has at least 100 000 backyard dwellings in its own rental stock, across the city, because of a lack of housing opportunities.

“This City has failed to deliver the number of houses, to reduce the number of people waiting or to address the natural growth of its communities,” said Thysen.

He said the City was bullying the residents of Lourensia Park, by serving summonses – in alleged criminal proceedings – for backyard structures. The occupants had embarked on their own volition to provide shelter for themselves, due to the inability of the municipality to provide for housing opportunities.

City Spokesperson Luthando Tyhalibongo said as the summons has been issued, the matter is currently sub-judice.

“Thus, we will not be providing any further comment on this matter at this stage,” said Tyhalibongo.

Residents demanded that the City respond to their questions within seven days. Some of the questions included how many summonses have been issued to those backyarders on City property, and how many residents within the City have occupied public land (parks, nature reserves, servitudes, and public land) within permission.

They also demanded that the City answer on why the residents were not issued with a notice to rectify, and why has the City not followed the process of consent use, for single residential zoning.

They said, in terms of the City’s Municipal Planning By-Laws, why has the City not allowed the residents to ratify and/or undertake an administrative process, using the National Building Regulations and Standards Act, to regularise those issues.