Western Cape Housing Evictions: discussion with Western Cape Housing Officials

Meeting report

HOUSING PORTFOLIO COMMITTEE
25 June 2001
WESTERN CAPE MASS EVICTIONS: DISCUSSION WITH WESTERN CAPE HOUSING MEC

Chairperson: Ms N Hangana

SUMMARY
The Committee asked questions focusing on evictions and the possibility of obtaining a moratorium on the evictions until negotiations amongst the parties, such as with the provincial housing authority and the Unicity, have been completed. Many evictions are scheduled to take place before Parliament reconvenes on 20 August 2001. The Committee is to request that Council at least stop the evictions until after this Committee has reconvened and held a further meeting with housing officials in the Western Cape.

MINUTES
The Western Cape MEC for Housing, Mr Herandien, and Mr Smith, the Interim Housing Manager for the Cape Town Unicity, answered questions raised by Committee members.

Discussion
(Q) How do you know that a person "does not want" to pay? Perhaps he is unable to pay?

(A) Mr Smith, the Interim Housing Manager for the Cape Town Unicity, replied that the City needs to follow due process before they are able to evict. He maintained that they do follow the required procedure. They have a policy of conducting home visits to assess and intervene on behalf of a person. They also keep detailed files on each case.

(Q) Does the City care what happens to people they evict?

(A) Mr Smith replied that they do not act irresponsibly. People are sent a letter giving them 30 days within which to come and see them. A statutory notice is then sent giving the person a further 30 days. A housing eviction is issued and this involves the ward councillor. A legal letter is then sent giving the person ten days to respond. Even at the summons stage the person is still given a chance to approach them. One has to identify the person who can pay but does not want to. One should also look at the person who is unable to pay but does not even bother to approach them to discuss their problem.

(Q) Explain why people sometimes approach the offices to pay, but are turned away.

(A) Mr Smith said that this has been brought to their attention. When dealing with arrears in rates, the Department looks at whether the person owns the house. If so, the case is dealt with as part of the mainstream debt. This debt is not dealt with by the housing section but by the general debt section. From 1 July 2001 the City will be introducing less onerous requirements.

(Q) Does the City take into account the fact that it is winter when ordering evictions?

(A) Mr Smith said that the Department acknowledges that this is a problem. They have a policy of not evicting on rainy days.

The Chair commented that even if it does not rain, one has to take into account that it is winter and therefore very cold.

Mr Smith replied that the City does not time evictions. The process is started between nine and twelve months before the actual evictions take place. These proceedings were therefore started between June and September last year.

(Q) Can the City place a moratorium on evictions?

Mr Smith replied that the City has to take into account the tens of thousands of people who do pay. The City also has a legal obligation to ensure that people pay.

The Chair suggested that the moratorium should only apply to those who are unable to pay. He asked the MEC if he has consulted local government and what it is doing to deal with the issue of mass evictions.

Mr Herandien replied that if local government takes a decision to evict, he may not act against this eviction.

The Chair commented that it does not make sense that the MEC is unable to intervene.

(Q) What about the agreement between Mr Mandela and Mr De Klerk in February 1994 regarding the issue of arrears?

(A) Mr Smith replied that according to the agreement, all arrears until 1994 were written off. It did not apply to arrears that arose after 1994. He argued that one has to look at the technical details of the moratorium.

(Q) What is being done with regard to the Parow Park flats?

(A) Mr Herandien replied that official removals were taking place from these flats. A deeds search was done on the 519 occupants in order to determine who owns other property. Eleven persons were found to own other property. A forensic auditor was appointed to check the applications in order to determine their income. If it is found that a person lied about income level or owning other property, such a person will be evicted. However, even in this case, the proper legal route will be followed.

(Q) The Department has stated that there in some cases R16 000 is outstanding in arrears and that these people were in arrears for a long period already. Why has the Council waited so long to act? Did the Council simply ignore the fact that these people were in arrears? If they could ignore it for so long, why not ignore it for a bit longer?

Further, there are discrepancies in the De Klerk/Mandela moratorium as to whether it was carried out completely. Thus, we should plead for a moratorium on the evictions:
-until the matter is thoroughly discussed by the provincial housing authority and the Unicity
-on humanitarian grounds
-until the discrepancies in the Mandela/De Klerk moratorium are resolved.

(A) Mr Herandien replied that he had no problem with a moratorium being granted after negotiations with all the parties. The Committee should then consider the fact that the Municipal Structures Act may then have to be amended.

(Q) Are there evictions currently taking place?

The Chair said that approximately 50 evictions are about to take place between Delft and Belhar. These may have to be stayed until the matter is discussed more thoroughly.

Mr Smith replied that they could only put this proposal to the Council.

Mr Singh (DP) pointed out that there are evictions in other parts of the country which also have to be looked at.

The Chair replied that the Committee was dealing with the Western Cape as communities had notified them of the problem. She suggested that Mr Singh should do the same if he wished to inform the Committee of a particular problem.

Mr Singh noted that there were areas in Durban experiencing similar problems.

An ANC member criticised Mr Singh for trying to diminish the problem in the Western Cape. The Western Cape is faced with a crisis and other issues will therefore have to wait.

Ms R Southgate (ACDP) agreed that members could look at this issue when they do their constituency work. The Committee may then need to look at the Municipal Structures Act, not only when dealing with the problem in the Western Cape but with evictions nationally.

The Committee agreed that a further meeting was necessary and that they would submit a letter asking for a moratorium.

The Chair said that the problem is that the Committee reconvenes on 20 August 2001 and that many evictions are scheduled to take place before that date. It might be necessary for the Committee to request the Council to stay the evictions until that meeting has been held.

The meeting was adjourned.