housing evictions and how they affect the constitutionally guaranteed right of
access to adequate housing
1 November 2007
The SA Human Rights Commission will next week hold a public hearing to
investigate complaints of alleged illegal evictions by residents of Kathorus
(Katlehong, Thokoza and Vosloorus), Ennerdale and Lawley, in Johannesburg,
Gauteng.
The hearing will investigate service of process and notification of eviction
proceedings, particularly the allegations regarding the lack of service of
process and procedures of auctioning of houses after they have been repossessed
including selling of repossessed houses at nominal amounts, selling of houses
to the sheriffs who carried out the evictions and refusing to allow the
original owners to buy back their houses.
It will also investigate the role of banks and estate agents in selling
occupied houses, including selling houses despite payment arrangements having
being made by the owners; the conversion of tenure in municipality houses and
the continuity of title for owners who left their houses as a result of the
violence that ravaged in the Kathorus area in the 1980's. In addition
allegations of the inhumane treatment of evictees by members of the South
African Police Service and the Sheriff's office will also be investigated.
Furthermore, the role of government and the Ministry of Housing in providing
housing for people who have been evicted and whose houses have been
repossessed, will also be investigated.
This hearing will create a framework for all role-players within the housing
sector to evaluate and interrogate the issues pertaining to access the right to
housing and the implementation thereof within the context of the complaints
received. Also the public hearings will provide a public accountability
mechanism and can serve as an educational opportunity to all who attend.
Although this public hearing is not a court of law, it is nevertheless a
platform that contributes to the dialogue on the right of access to housing.
The hearing will be conducted in terms of the rules of the procedure
promulgated in terms of section 9 (6) of the Human Rights Act, in terms of
which the commission called for submissions from the public and interested
parties including institutions, organisations.
It is envisaged that the findings and recommendations made by this public
hearing will address problems affecting mostly the underprivileged and
marginalised members of these communities and will lead to law practices that
are line with the law and result in more humane treatment of homeowners who
have fallen into financial difficulties.
The hearing will be held at:
Date: Wednesday, 7 November 2007
Time: 09h30 to 16h30 and,
Date: Thursday, 8 November 2007
Time: 09h30 to 15h50
Venue: South African Human Rights Commission, Human Rights House, Corner, St
Andrews and York Street, Parktown, Johannesburg
Enquiries:
Vincent Moaga
SAHRC Spokesperson
Cell: 073 562 9866
Issued by: South African Human Rights Commission
1 November 2007
