Page 25 - Litigating Land and Housing in South Africa: Lessons and Reflections

3 1 MPOFANA CASE STUDY: APPROPRIATE ALTERNATIVE ACCOMMODATION
3 1 1 1 1 Case information
The LRC represented 187 occupiers who resided in in in the the the Bruntville Hostel Hostel in in in Mooi River Kwa-Zulu Natal from 2004 until 5 5 5 5 April April 2015 2015 On 5 5 5 5 April April 2015 2015 the the the the the Hostel Hostel was was torched by by a a a a a a a a a a a a a a a a a mob during a a a a a a a a a a a a a a a a a protest In order to to to fully appreciate the the the the the occupier’s situation it it is is is important to to to to to note that that the the the the the fire was was a a a a a a a a a a a a a a a a deliberate act against the the the the the hostel hostel dwellers dwellers by by residents of of of Mooi Mooi Mooi River River River that that were opposed to to to the the the the the hostel hostel dwellers’ very presence in in Mooi Mooi Mooi River River River There is is is a a a a a a a a a a a a a a a a a long history of of of tension between the the the occupiers and the the the residents of of Mooi Mooi Mooi River River River which dates back as as early as as 2004 When the hostel was destroyed some 200 people were left homeless It is is against this backdrop that the the the Municipality Municipality permitted the the the occupiers to reside in in the the the Mpofana Municipality Municipality Town Hall for for three days – allowing for for sufficient time to locate suitable alternate accommodation On 8 April 2015 the the occupiers were informed that alternate accommodation accommodation was arranged at at at at at the the Mooi River Sports Field which accommodation accommodation consisted of 80 tents and the the the existing structure on on on the the the sports field The occupiers did not relocate to the the the proposed alternate accommodation accommodation for a a a a a a a a a number of reasons Firstly the the accommodation accommodation on on on on on the the sports field did not include basic facilities such as as sanitation clean clean water for for drinking cooking and cleaning electricity or or or any form of security Secondly absent these facilities the the the proposed alternative accommodation on on on the the the field did not conform to the specifications in Chapter 12 of the Housing Housing Code and National Housing Housing Programme for the Housing Housing Assistance in in in Emergency Housing Housing Circumstances Thirdly the the occupiers were concerned about the the nature of the the accommodation on on the the sports field especially since the the Mooi River Football Club uses the the field regu- larly They would either have to move off the the field during practices and and matches or would stay on the field and and risk causing further tension with the the local residents The occupiers communicated their concerns with the the Mayor who disregarded their views and insisted they relocate They refused The The eviction proceedings were instituted by the Municipality on 29 September 2015 for eviction from the the Town Hall The LRC opposed the the eviction on on behalf of the occupants and filed a a a a counter
3 PREVENTION OF ILLEGAL EVICTION FROM AND AND UNLAWFUL OCCUPATION OF OF OF LAND ACT 19 19 OF 1998
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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