Ntabankulu community takes the battle to court to sue the Municipality for demolishing their houses.
Battle for the land between Ntabankulu Municipality and the community goes back to court.
Members of the community in Ntabankulu whose homes were demolished by the Municipality in 2019 have instructed their legal team to file papers suing the municipality. This comes after the Mthatha High Court Judge, President Mbenenge, delivered judgment in favour of the 86 applicants, setting aside the judgment the court granted on 11 December 2018 interdicting Sivuyile Mankahla and unknown persons demarcating sites and erecting structures on Erf 87, in Ntabankulu including an order that directed the Municipality to demolish all illegal structures erected on the property.
The sheriff of the Ntabankulu Court, duly assisted by members of the South African Police Services, Securities of Phiko Security Service in Kokstad hired by the Municipality executed the order and demolished structures that were occupied by the 86 applicants in June 2019.
Discontent with the demolition, the 86 applicants led by Nontombi Gcaba resorted to court to challenge the demolition of their homes and had instructed Linyana and Somacala Incorporated law firm in Flagstaff to represent them.
The applicants contended in the court papers that they had not been cited in the application that culminated in the grant of the impugned order. They also contended that impugned order was never properly served on them or proceeded by any notice in terms of section 4 (2) of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998.
The court found that the initial court order of 11 December 2018 evicting the 86 applicants was erroneous granted as the court was unaware of essential issues of fact pertaining to applicants when it granted the order and that there was non- compliance with Section 4 (2) of the PIA Act by the Municipality.
The court has granted an order that:
(a) The order granted by this court under case 5802/2018 on 11 December 2018 is hereby rescinded (set aside).
(b) Any warrant issued pursuant to the order is of no force and effect.
(c) The first respondent (the Municipality) pay costs of the application.
Bubele Linyana of Linyana and Somacala Incorporated firm of attorneys has confirmed that he has been instructed by his clients to recoup costs of houses which were demolished by the municipality. “We have been instructed to sue the municipality based on the last month’s judgement that favoured the community. We are therefore still working on the matter.”
Speaking on behalf of the municipality Lungisile Mzanyana said the municipality have received the judgement and according to their understanding the judgement is just levelling the playing fields and is opening the opportunity for the defendants to file against the order. “Once the defendants file against the municipality application then the matter will be heard in court”, he said.
