EXECUTIVE MAYOR LOBISHE WELCOMES HIGH JUDGEMENT OF UNLAWFUL OCCUPIERS OF WALMER AIRPORT VALLEY AND WALMER 1948
Published: November 28, 2024<< BACK TO NEWS
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The Executive Mayor of Nelson Mandela Bay Municipality, Councillor Babalwa Lobishe warmly welcomes the today’s judgement by the Gqeberha High Court, which mandates the eviction of unlawful occupiers from municipal properties in Walmer Airport Valley and TRU’s in Walmer 1948.
The judgement, which addresses the pressing issue of unlawful structures on municipal land, empowers the Nelson Mandela Bay Municipality to take decisive action against illegal occupiers. This ruling is a significant victory for the rightful beneficiaries of the project to develop decent human settlement for Walmer residents, ensuring that municipal resources are allocated fairly and lawfully.
Mayor Lobishe stated, "This judgement 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. We will act swiftly to implement the court's decision and ensure that all municipal properties are used for their intended purposes."
The Municipality will 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 rightful beneficiaries with the housing and resources they deserve.
Section 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 provides for urgent proceedings for eviction. It 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.
- There is no other effective remedy available.
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