Page 89 - Litigating Land and Housing in South Africa: Lessons and Reflections

further that since the the the probation officer report was was not available there was was no no compliance with s s s s s s s s 10 of of of ESTA because the the issue of of suitable alternative accommoda- tion had not been addressed The court could not establish whether it it would be just and equitable in the the the the the circumstances to grant the the the the the order The LRC then argued that there was no suitable 8 1 3 Working with clients
alternative accommodation available to to the the occupiers and and and therefore it it was was not just and and and equitable to to evict Later the the the the probation officer report was was filed and and and the the the the LRC raised the the the the the issue of of of of of non-compliance with section section 8(4) 8(4) of of of of of ESTA by the the the owner In terms of of of of of of section section 8(4) 8(4) the the the right of of of of of of residence of of of of a a a a class of of of of long-term occupiers occupiers They were three occupiers occupiers who fell within this this category and the owner did not comply with with this this section There There is is is is is is is currently a a a a a a a a a good relationship between the the the the LRC and the the the the occupiers This community community is is is is is is is well organised There There is is is is is is is a a a a a a a a a a a a a a a a a a a a a a a committee committee that was elected by by the the the the the community community members to represent them in in in in this matter The The The committee committee is is is is is is is is led by by a a a a a a a a a a a a a a a a a a a a a a a dedicated chairperson who is is is is always available for for consultation and and meetings and and obtains all the the the the the relevant information from the the the community community The committee committee is is is made up of of of approximately 10 members members members of of of the the the community community however only seven members members members were active and responsive Two members members members of of of this committee committee are women It is is is easy for legal representatives to work with a a a a a a a com- munity that is is is is is is well well organised organised In addition the commit- tee must be led by a a a a a a a a a a person who is is is is is well well organised organised This makes it easier to to obtain information and and and instructions and and and prevents conflicts between attorneys and and and the the community community Furthermore an an an an an organised community community can resolve some of its own issues without involving the the the legal legal representatives The support received from the the the paralegal who was was also also involved in in the the case was was also also important and contributed towards a a a a a a a a a a a a a a a a a well synchronised case case Mr Bethuel Mtshali the the the paralegal involved in in in the the the case case case often served as as as as a a a a a a a a a a a a link between the the the the the community and the the the attorneys attorneys involved in in in the the the case case The attorneys attorneys 8 1 4 Strategy successes and failures
were always able to obtain most information from the the the the community community through the the the the collaboration between the the the the leadership within the the the community community and Mr Mtshali Even with a a a a a a a a a a well-organised community structure and support from a a a a a a a a a a a paralegal the the attorney should always verify and check-in with the the the community community through community community community meetings This was another key lesson learnt from this particular community community as as as they they always felt re-assured when they they saw the the the the the attorneys who were working on the the the the the case case This allowed them to to engage with the the the the case case and raise important issues which might not have been identified otherwise The The first eviction application application against the the the the occupiers occupiers did did not require much to to to be be successfully opposed The The occupiers occupiers only had to to to raise a a a a a a a a a a a a a a a a a a a a a point in in in in limine which they did did to to to have the the the the the the application application application dismissed This is is is is is is because the the the the the the applicant approached the the the the the the the the wrong wrong court and applied the the the the the the the the wrong wrong legislation The second eviction application application application was correctly launched in in in the the the the the LCC which meant that the the the the the clients
had approximately two weeks to participate in in in the the the the the application application in in in LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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