A disabled man from Belhar says he cannot wait for the day that he can move into his own house, having waited for more than 33 years.
Errol Martheze is among a group of people who were supposed to move into the new Belhar-Pentech development, but were dispossessed of their completed apartments due to an eleventh-hour hi-jacking of the units. On 16 May 2021, the night before nine families were to get the keys to their long-awaited new homes, the doors of the apartments were smashed open and a group of illegal occupiers moved in.
Martheze was shot in the head in 1999 and has since been declared disabled.
“I am 56 years old and the bullet is still lodged in my head,” he said.
“I have been living in my sister’s backyard in a wendy house for many years. I have nowhere to go, and when we were informed that we can move into our houses we were ecstatic, only to be let down. I do not know where the occupiers come from, but they say they are from Belhar. You cannot just walk into people’s houses.”
Martheze said he was mad and sad about the whole situation.
“The Lord has been by my side all these years, and I believe in Him and the justice system. I just wish this situation will end soon.”
Restoring to rightful beneficiaries
Cape Town Mayor Geordin Hill-Lewis, and Mayco Member for Human Settlements, Carl Pophaim, were at the Western Cape High Court last week to support beneficiaries of the housing project who were dispossessed of their completed apartments.
According to Hill-Lewis the City has been fighting for more than two and a half years in court to gain an eviction order and restore the homes to the rightful beneficiary families.
“My office launched urgent eviction proceedings to try to restore the homes to their rightful beneficiaries,” said Hill-Lewis.
“However, for two and a half years court processes have been delayed several times by the unlawful occupants for various reasons, including last minute changes to their legal counsel; failure to secure legal representation despite extensive notice; and most recently a lengthy delay due to their newly appointed lawyer not being familiar with the case. Unlawful occupants further resisted the Court’s instruction to talk to the City about their personal circumstances.”
On the day of the proceedings Hill-Lewis said he was happy the families had their day in court.
“We are finally able to stand up for these families in court, after more than two and a half years of fighting for them to be heard.
“We are glad to have some of the families joining us, so the court can see the real victims of this cynical hijacking of completed homes the night before they were to be handed over. It was led by people already living in the area, who had relocated from their homes elsewhere to seize these new ones.
“As a matter of principle the City believes they should not receive alternative emergency accommodation. The facts show the unlawful occupants will not be rendered homeless and have the capacity to go back to their original homes. We are further arguing the unlawful occupants cannot be elevated above the many thousands on the waiting list for state-subsidised housing.
“Due to many delays the legal system has already unwittingly permitted the grave injustice of the illegal hijacking of these homes for two and a half years,” said Hill-Lewis.
“It is my hope the court will not permit any further delays in issuing an eviction order so these families can finally have their homes restored to them.”
340 state-subsidised housing units
The City’s Belhar-Pentech is a “Breaking New Ground” housing development made up of 340 state-subsidised housing units aimed at the metro’s most vulnerable residents.
“Almost all units have already been completed and lawfully occupied by the rightful beneficiaries. This is just one example of the impact of unlawful occupation – it robs rightful beneficiaries, who work within the law, of their opportunities. Whether this is illegal occupation of council public housing, which is rife, or the unlawful occupation of land where projects have been planned or where there are no services.
“I have been leading a new campaign to improve the dignity and safety in our public housing spaces,” said Popham.
“Illegal occupation of our units, subsidy housing or rental units, is absolutely devastating to our programmes, our beneficiaries and the safety of our communities. It calls on communities to help us prevent criminal activities and unlawful occupation of our rental and subsidy units. If we work together we can create safer communities.”
