Nelson Mandela Bay Municipality Mayor Babalwa Lobishe has welcomed the Gqeberha High Court judgment, which mandates the eviction of unlawful occupiers from municipal properties in the Walmer Airport Valley and Temporary Residential Units (TRUs) in Walmer 1948.
The judgment passed on Thursday addresses the pressing issue of unlawful structures on municipal land, and empowers the Nelson Mandela Bay Municipality to take decisive action against illegal occupiers.
Lobishe said the ruling is a significant victory for the rightful beneficiaries of the project to develop decent human settlements for Walmer residents, and ensure that municipal resources are allocated fairly and lawfully.
“This judgment is a crucial step towards restoring order and fairness in our community. It reaffirms our commitment to upholding the law and protecting the rights of our residents and project beneficiaries,” Lobishe said.
Lobishe said the municipality will act swiftly to implement the court’s decision and ensure that all municipal properties are used for their intended purposes.
The municipality will also work closely with law enforcement agencies to carry out the evictions and remove any unlawful structures.
“This action is necessary to maintain the integrity of municipal land and to provide the rightful beneficiaries with the housing and resources they deserve,” Lobishe said.
Section 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, provides for urgent proceedings for eviction.
The Act also allows for the immediate removal of unlawful occupiers if the court is satisfied that there is a real and imminent danger of substantial injury or damage to any person or property if the unlawful occupier is not evicted; the likely hardship to the owner or any other affected person if the unlawful occupier is not evicted exceeds the likely hardship to the unlawful occupier if they are evicted, and there is no other effective remedy available.
Lobishe reassured that the Nelson Mandela Bay Municipality remains dedicated to serving its community and ensuring that all actions are taken in accordance with the law.
The mayor also urged all residents to respect the court’s decision and cooperate with the authorities during this process.
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