28 July 2021 - NW1165
Selfe, Mr J to ask the Minister of Justice and Correctional Services
Whether the State Attorney has been requested by the Department of Public Works and Infrastructure to begin proceedings to evict the illegal occupants from Elwyn Court, Chelmsford Road, Vredehoek; if not, what is the position in this regard; if so, (a) on what date, (b) what action has the State Attorney taken in this respect and (c) on what date is it envisaged that the illegal occupants will be evicted?
Yes, the Office of the State Attorney in Cape Town has been instructed by the Department of Public Works and Infrastructure, through the Legal Services’ Office in Cape Town, to initiate eviction proceedings as the contractor was appointed to renovate the property in question needed for identified purpose and following complaints from nearby property owners as well as residents.
a) Instructions were received on 19 February 2018, and subsequently thereto as per the client’s instructions, a notice to vacate the premises was served on the unlawful occupants.
b) When the unlawful occupants refused to vacate the property, the State Attorney appointed Counsel to draft necessary papers to move the application for eviction.
c) At this stage, it is not clear when the application for eviction will be moved and all that we can say is that such depends on when the State Attorney will be receiving full and proper instruction from the client department as outlined in the advice of the legal team following consultation with the client, namely: the full and updated details of the people unlawfully occupying the property that they are sought to be evicted from, alternative accommodation and any other special circumstances of the occupants that a court might require explanation on, and lastly the attitude of the municipality regarding alternative accommodation.