Cape Town - A Communicare eviction battle has been scrapped from the court roll after the social housing institution was told to follow due process in having the three-year-old matter re-enrolled, according to the tenant’s lawyer.
This has spelled victory for the Welverdiend tenant, Berenice Whyte, who was given a notice of eviction in 2019, but the organisation failed to make a court appearance at that time.
However Communicare said the case was not thrown out of court, as claimed, but the magistrate informed the legal representatives the case could not be heard this week.
Advocate Thando Dondolo said the matter was “resuscitated” by Communicare, but they “had not followed due process”.
“We are very happy with the matter being taken off the court roll so that due process can be followed and Communicare cannot just seem to act with impunity of the law.
“The matter was enrolled and had to appear in court during 2019, but because they had not also appeared at that previous court case, the matter was removed from the court roll.
“It is now three years later and suddenly the case is revived. However, the magistrate struck the matter from the roll and (they) were advised if they wanted to have the matter re-enrolled, they would have to follow process for re-enrolment,” said Dondolo.
Dondolo confirmed Whyte was still a Communicare tenant at the Welverdiend complex.
Whyte said: “I'm very happy for the outcome. They need to learn how to treat people more like humans beings, not like objects. They must stop victimising us and abusing their powers.”
Social activist and whistle-blower Colin Arendse said that in 2019 Communicare lodged an eviction application against the single mother, as Communicare “wants to demolish and replace (Welverdiend) with gentrified accommodation at market-related rentals”.
“The magistrate demanded that Toefy Attorneys, representing Communicare, submits a sworn affidavit to the court explaining why they had failed to appear in court three years ago and that the sheriff should also file proper papers.
“We can only speculate as to how a matter that was thrown out of court three years ago mysteriously reappeared on the court roll three years later. We also note, with concern, that the ‘sheriff’ failed to follow proper procedure recently by not only refusing to identify himself to neighbours when asked to do so, but he also just placed the court papers on the door of Whyte’s residence when she was not present,” said Arendse.
"This matter is in court due to the extent of the tenant's rental arrears.
The case was not thrown out of court, as claimed. The magistrate simply informed the legal representatives that the case could not be heard today and that it was being removed from the court roll for today.
The legal representatives need to file an affidavit explaining the delay before re-enrolling the matter for hearing. Communicare’s legal representatives are in the process of doing this.
The matter was not previously struck off the court roll. It did not disappear and reappear. It was set down, hence Berenice Whyte appeared at court today“, said Balisa Mancayi, communications officer at Communicare.
Cape Times