A group of Johannesburg flat dwellers will hear on Thursday whether they have succeeded in their Constitutional Court challenge against a decision to evict them.
Residents of Angus Mansions, in Jeppe Street, were to be evicted on December 15 even though their court challenge against the move was pending.
Arguing before the Constitutional Court on December 3, they contended that evicting them before their appeal was heard — and could be won — would cause them irreparable harm. They also challenged the merits on which the eviction order was granted.
The High Court in Johannesburg granted an interim order allowing the evictions of the 62 residents to be carried out on December 15, pursuant to its granting of an eviction order.
The respondent, William Marofane Mailula, contended that most of the residents could not appeal against the interim order as they were not lawful tenants.
He also submitted that interim orders were not subject to appeal because they were only temporary and that an appeal was allowed only against a final order.
He further held that it would not be in the interests of justice for the Constitutional Court to hear a matter where the same judgement was being challenged in the Supreme Court of Appeal (SCA).
The 62 residents indicated to the Constitutional Court that they would be prepared to take the matter to the SCA, should the higher court so direct.
The evictions saga came to the fore as early as October 2007 when the Star reported that Red Ants security guards had swooped on Angus Mansions.
They were marching hundreds of residents out of the building with only the possessions they could carry.
Those still inside were tossing huge loads of tightly knotted bed linen, clothing, mattresses, bags and other belongings into the street from the balconies of the 11-storey building.
Others had to wait for the Red Ants to bring their belongings out through the main entrance, where there was a fight over ownership.
”What have we done to deserve this kind of treatment? We’ve been paying our rent and no one ever warned us of this eviction,” asked Lucy Mdlalose.
The Star reported that Mailula had obtained an eviction order against Jerry Mdane, Andrew Mashele and other occupants on August 28.
However, Mashele, who is named in the Constitutional Court action, told the newspaper he had not laid eyes on the document before the eviction.
He reportedly said he had been a member of a committee that ran the building until a company called Vukani was appointed to take over.
”We have been paying rent to Vukani, which is now running the building.
”This is one of the cleanest buildings around here and I don’t understand why we’re being ordered out into the streets,” Mashele said at the time. — Sapa