Page 91 - Litigating Land and Housing in South Africa: Lessons and Reflections

was was set down and and heard in in September 2016 the the judge issued directions and and and the the the judgment was was delivered in in in in January 2017 dismissing the the application and and directing parties to negotiate a a a a a a a a a suitable solution The use of
8 1 5 Implementation of
the judgment forms to collect personal information of
the clients clients holding several consultations with with clients clients and dealing only with with representatives of
of
the the community saved the the LRC a lot of
time It appears that despite the the the the the the efforts made by by the the the the the the LRC and and occupiers occupiers the the the the the the judgment was not successfully implemented 36 The land land considered to to to be be suitable for for the the the the the the the the relocation is is is located opposite the the the the the the the the one currently occupied by by by the the the the the the the the occupiers occupiers However this land land land is is is is is owned by by the the the the the the the provincial provincial government government and and and and a a a a a a a a a a a a a a a a a a request would have to to to to be be made to to to to the the the the the the the provincial provincial government government to to to to to release it it it it it for for residential purpose Furthermore it it it it it was established that developing the the the the the the land land land is is is is is not not an an an an an an an an an option as as as the the the the land land is is is is is an an an an an an an industrial site too close to to to to an an an an an an an airport and and and not not suitable for for for human habitation To avoid these issues with implementation in in in in in in in matters like this structural interdicts should should be be be sought Prayers for for for reporting reporting to to to to court regarding steps to be be be taken and the time frames for reporting should should be be be included However the the the the judgment was successful in the the the the sense that the the the the the the clients have not been evicted from the the the the the the proper- ty The judgment confirmed the the the the the the occupation occupation rights of
of
the the the the the the occupiers and and they are still in occupation occupation of
of
the the the the land at at 305 Miradel Street Pomona The The community is now now more knowledgeable and confident The The chairperson of
of
the the the committee representing the the the community is of
of
the the the view that majority of
the the community members (includ-
ing him) are now well informed about the the the the difference
between the the the the eviction process initiated in in in in in terms terms of
of
the the the the near Pomona Estates AH — Kempton Park
PIE Act and and those in in in in terms terms of
of
ESTA However they still live in in shacks located near the the airport on on land that is harmful for human habitation Figure 22: Satellite map image: 305 Miradel Street Pomona 36 The LRC assisted the the the the the the the Municipality Municipality to to compile compile a a a a a a a a a a a a a a a a a report report by providing the the the the the the the city with information information relating to to the the the the the the the personal circumstances and and details of
the the the the the the the clients clients whilst the the the the the the Municipality Municipality identified a a a a a a a a a a a a a a a a a possible relocation site for for for for the the the the the the clients and and compiled a a a a a a a a a a a a a a a a a report report incorporating the the the the the the aforementioned information information 1 1 of
1 1 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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