The Role of SAPS In Illegal Evictions

MacLindroid

Well-Known Member
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Apr 25, 2014
Messages
179
I wrote this letter today but it could be helpful to an anonymous reader here, so perhaps someone can outline what SAPS should be doing.
_______________________________________________________________________________________________

Please allow me to request further information from you regarding
illegal evictions of tenants.


In the past, we have witnessed a number of illegal evictions in Cape
Town and, sadly, SAPS were actively participating in some of these.


Subsequently, I contacted Crime Stop and requested that SAPS remain
impartial and also to ensure that illegal evictions do not place at all.


I was then contacted by Capt Z of SAPS who assured me
that SAPS should not participate in any evictions. He also stated that
legal evictions could only take place with a High Court order and that
the landlord would need to place a cash bond of ten per cent of the
value of the property when lodging such a High Court application.


Capt Z further gave me his personal phone number as well as that
of Maj-Genl X and instructed me to contact Maj-Genl X if I was not
content with his services. Furthermore, Captain Z insisted that,
as the DA was in power here, things work differently in the Western Cape
and that SAPS could be relied upon.


Please note that I have no fraternal, religious or political affiliation
and that it is irrelevant which political party is in government. SAPS
is by nature an a-political service organ with the mandate to protect all,
or, at least, this is my understanding.


Recently, I was approached by a member of the public, someone I had
never seen before. She turned out to be Ms "Kalinka Kappa", from
abroad. She was desperate for help as her landlord threatened to
evict her as she had suffered misfortune through criminals here in SA and subsequently
was in arrears with rent payments.


What I could establish, was that there was no lease contract and also
that no receipts have been issued for cash payments. In terms of the
law, both lessor and lessee acted well outside the scope of the law.


The landlady has been harassing and intimidating Kalinka. To prevent an
immediate and illegal eviction, I contacted Captain Z on June 18
but had no response.


When the situation became critical by June 25, I contacted Maj-Genl X
personally and he responded that Capt Z HAD to react. I then
asked the General to instruct Captain Z accordingly. At the time
of writing this, I never heard from either Capt Z or Maj-Genl X
again.



A legal advisor is now advising the young lady and the landlord has been
educated in how the law works in South Africa.


However, should the landlord become "creative" and want to lock the girl
out, or forcibly evict her, we do not know how to physically prevent
eviction and/or how to protect her, as SAPS never responded after my
last request to Maj-Genl X personally. She does not know how else to
get a satisfactory response in a time of URGENT NEED.


The intent from my side is to ensure that the tenant's constitutional
rights are protected and that she henceforth not be made homeless.


If we can rely upon SAPS when illegal evictions occur, we can prevent
people from becoming homeless as homelessness eventually lead to an
increase in criminal activity. It is in everybody's interest not to be
making people homeless.
 

Crowley

Executive Member
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Jun 9, 2006
Messages
7,101
So the tenant didn't pay rent and now she is going to be evicted?

Guess what Sunshine, that is what happens all over the world if you don't pay rent.
 

atomcrusher

Expert Member
Joined
Jun 27, 2006
Messages
4,208
Illegal occupation is just that ... illegal, and so deserves eviction.
Such eviction surely cannot be illegal? :confused:
 

ToxicBunny

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100,938
Illegal occupation is just that ... illegal, and so deserves eviction.
Such eviction surely cannot be illegal? :confused:

Oh it can be illegal...

But that doesn't stop most landlords from trying to do so illegally first, its usually much easier than going the legal route.
 

MacLindroid

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Joined
Apr 25, 2014
Messages
179
OK. this is what happens to good people:


Over the past five years, we have seen many staff working at boutiques and other retail stores, in manufacturing, etc., go for up to five months without pay. Salt of the earth and people with families and children. These are good hard-working people and not intentional non-payers.


In one instance the staff of a failing printing company sent the owner on leave, worked unpaid for about half a year and turned the business around. The owner then contracted cancer and died, AFAIK the staff then inherited the business.


Letting out property is a risk to the owner, who should know what the legal provisions are. A landlord may not evict, harass, intimidate or lock out a non-paying tenant. It is illegal. The onwr needs to follow procedures and that can become a lengthy battle. Before letting a property to someone, think twice.


There are families with children, there are disabled people and many times both owner and tenant are in error. Both are governed by the very same laws.


In South Africa, it is illegal to make a person homeless, not even a judge can order otherwise.


The owner can request the tenant to leave, if the owner provides the tenant with accommodation of similar or better quality AND to the satisfaction of the tenant.


In the case above, the tenant WANTS to pay but cannot, after our "alternative shoppers" ransacked her former home and did not even leave the half-used roll of toilet paper. Attention to detail, it is called. :)


Of course she needs to pay but she cannot right now, yet she is actively and diligently pursing income generation to cover at least some of the costs.
 

MacLindroid

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Joined
Apr 25, 2014
Messages
179
Oh it can be illegal...

But that doesn't stop most landlords from trying to do so illegally first, its usually much easier than going the legal route.

Most landlords in my city are perfectly illegal and do things the cowboy way. They are being reigned in but this sadly also compromises the few good letting owners as well. I have been assisting evicted tenants as a volunteer for a few years now. One family with small kids were evicted three times in one week by the same owner, the first time at around 11pm amidst a violent winter storm. The kiddies were aged 3 and 5 respectively.
 

ToxicBunny

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Apr 8, 2006
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OK. this is what happens to good people:


Over the past five years, we have seen many staff working at boutiques and other retail stores, in manufacturing, etc., go for up to five months without pay. Salt of the earth and people with families and children. These are good hard-working people and not intentional non-payers.


In one instance the staff of a failing printing company sent the owner on leave, worked unpaid for about half a year and turned the business around. The owner then contracted cancer and died, AFAIK the staff then inherited the business.


Letting out property is a risk to the owner, who should know what the legal provisions are. A landlord may not evict, harass, intimidate or lock out a non-paying tenant. It is illegal. The onwr needs to follow procedures and that can become a lengthy battle. Before letting a property to someone, think twice.


There are families with children, there are disabled people and many times both owner and tenant are in error. Both are governed by the very same laws.


In South Africa, it is illegal to make a person homeless, not even a judge can order otherwise.


The owner can request the tenant to leave, if the owner provides the tenant with accommodation of similar or better quality AND to the satisfaction of the tenant.


In the case above, the tenant WANTS to pay but cannot, after our "alternative shoppers" ransacked her former home and did not even leave the half-used roll of toilet paper. Attention to detail, it is called. :)


Of course she needs to pay but she cannot right now, yet she is actively and diligently pursing income generation to cover at least some of the costs.

Here comes my harsh opinion..

I don't care if that are great people, they are contracted to pay x amount rent by a specific date, if they don't pay I will initiate eviction proceedings. And no, the owner does not have to provide accomodation of similar or better quality if the eviction process works.

Should the eviction process take too damn long, they can expect me to take matters into my own hands in some way that doesn't breach the law but makes the tenant leave.
 

ToxicBunny

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Most landlords in my city are perfectly illegal and do things the cowboy way. They are being reigned in but this sadly also compromises the few good letting owners as well. I have been assisting evicted tenants as a volunteer for a few years now. One family with small kids were evicted three times in one week by the same owner, the first time at around 11pm amidst a violent winter storm. The kiddies were aged 3 and 5 respectively.

How long had they not paid their rent for?

Understand that the landlord is not a charity, they have the property to make money, not to just house random people.
 

MacLindroid

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Messages
179
How long had they not paid their rent for?

Understand that the landlord is not a charity, they have the property to make money, not to just house random people.

They were in arrears with a few days. Evictions usually follow after two days in arrears. Tenants are not allowed to pay weekly or monthly, in many instances. This is how people with irregular income, or who get paid without a payslip or an employment contract, are being exploited when they do not qualify for a credit rating.

Tens of thousands of people pay upward of R200 per day for a single room in a dilapidated home, "hotel" or "guesthouse." Landlords never renovate and sometimes even critically urgent repairs never get done. Despite paying that much, they sometimes do not have hot water for many days or even weeks. In these rooms you may find decent people with neat jobs, just not in a position to pay a double or triple deposit plus lease contract fees, etc.

Is it still OK just to evict people who are already being subjected to abuse and exploitation?
 

MacLindroid

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Messages
179
And no, the owner does not have to provide accomodation of similar or better quality if the eviction process works.

Should the eviction process take too damn long, they can expect me to take matters into my own hands in some way that doesn't breach the law but makes the tenant leave.

The law actuall does say that: if you want them out, provide as explained. Do yourself a favour and read the Act. This is not an opinion but a legal fact.

And by taking matters in your own hands in whichever way, is already breaking the law and you will have to suffer the consequences. I have spent two weeks with legal experts now, saw what the law says for myself and in helping that girl, I have learned quite a bit.

http://www.justanswer.com/south-africa-law/4ewm3-evict-tenants-dispute-lease.html
http://www.polity.org.za/article/the-low-down-on-lawful-evictions-2013-07-31
http://constitutionallyspeaking.co....ike-vigilantes-and-breaching-the-rule-of-law/
 
Last edited:

ToxicBunny

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The law actuall does say that: if you want them out, provide as explained. Do yourself a favour and read the Act. This is not an opinion but a legal fact.

And by taking matters in your own hands in whichever way, is already breaking the law and you will have to suffer the consequences. I have spent two weeks with legal experts now, saw what the law says for myself and in helping that girl, I have learned quite a bit.

http://www.justanswer.com/south-africa-law/4ewm3-evict-tenants-dispute-lease.html
http://www.polity.org.za/article/the-low-down-on-lawful-evictions-2013-07-31
http://constitutionallyspeaking.co....ike-vigilantes-and-breaching-the-rule-of-law/
You may need to read the law a bit better and my post... I said if the eviction process works, as in the court order is granted...

There are many ways to make life uncomfortable for a person that are not breaking the law..
 

MacLindroid

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Messages
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You may need to read the law a bit better and my post... I said if the eviction process works, as in the court order is granted...

There are many ways to make life uncomfortable for a person that are not breaking the law..

To get to a court order, takes very long and the owner will face prosecution himself, possibly even arrest, should he be trying clever tricks. In most cases, both owner and tenant are in the wrong as neither follow the law. If one wants to let property, it will be very beneficial to to play it by the rules. If a case then ends up in court, at least the owner then does not look bad and then the tenant does.

However, I am merely trying to ask what ** the role of SAPS** should be when there is an illegal eviction underway.

Of course you need a (high) court order but that could easily cost R60k and if the eviction is not granted, it is rejected with cost.
 

SmartKit

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Jun 29, 2008
Messages
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... And people like this are the reason I sold my houses and invested in the JSE.

It's because of the same people that I don't create employment opportunities. I'd rather suffer through, do my own work, not expand and create jobs than deal with laws that punish those who try to create opportunity.
 

MacLindroid

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Apr 25, 2014
Messages
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You're asking the wrong people

If you are the wrong one to ask, why answer? Were you obligated to respond?

It is obvious that people who say they will take matters into their own hands are the wong ones to ask then. One wrong does not justify another.

And if the responses are a white/black issue, let me assure you that people from all races get comprmised and cannot pay rent when the companies you buys shares in, charge upward of R950/sq,m. How can any business pay both rent and salaries, keep the economy alive and create jobs when enterprise kills us?

Those JSE dividends are just like blood diamonds then.
 

ToxicBunny

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Only person who has brought race into this issue is you. As for why respond, because I can and because you don't even seem to begin to understand the other side of the coin.

As for taking matters into your own hand, given that eviction can take 6 months... what does the law expect. I can't afford to have someone staying in my property rent free for that amount of time... Therefore they must get out as soon as they start defaulting on the rent. Period. I don't actually care about their situation because they're putting me into a bad financial situation.
 
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