Statement on the eviction of illegal occupant and tenant

21st January 2022

Communicare confirms that the Sheriff of the court implemented an eviction order against Moerida Morat as instructed by the High Court of South Africa.

This is after Ms Morat had illegally occupied a unit for more than 3 years at Sakabula, a complex owned by Communicare.

The High Court had previously issued an order in March 2019 restraining and interdicting Ms Morat from trespassing, illegally occupying and bringing third parties on to the property to break down entrances and illegally occupy Communicare’s property.

The restraining order was issued after a security guard was attacked at gunpoint and forced to hand over keys to Communicare property in an attempt to hijack the property.

A family member of Ms Morat was also evicted due to non-payment of rent. Communicare made several attempts to resolve the arrears with the tenant but had no option but to pursue legal action. The tenant currently owes Communicare about R150 000 in rental arrears.

A crowd gathered at Sakabula in support of Ms Morat after the eviction. After the Sheriff and police left the premises a fence was cut and Ms Morat illegally occupied the unit again. Ms Morat was arrested and charged for trespassing and for violating a court order.

Communicare has no authority to evict tenants. Only the courts can do that after tenants have a fair opportunity to state their case in a court of law.

There is confusion about evictions during the National State of Disaster as a result of Covid-19. Evictions are, however, permitted under level 1 lockdown regulations.

“As sympathetic as we are to the dire shortage of decent housing in the City, Communicare depends on rental income to take care of its property and invest in more housing developments. It has taken 3 years but tenants who embark on rental boycotts will eventually have to face the might of the law. It is unfortunate that it had to end this way. Pursuing legal action is our last resort after all attempts to resolve the rental non-payment amicably is exhausted,” said Makhosi Kubheka, COO at Communicare.

 

Issued by PR & Communications Officer at Communicare, Balisa Mancayi