The case of a Rustenburg family facing eviction from Ananda Country Lodge premises has thus far reached a stalemate. The standoff between the two warring parties led to a further month long postponement of the case, to allow the legal representatives of the two parties, to prepare for trial. During its hearing held on Monday, the North West Rental Housing Tribunal postponed the matter until the 28 July 2011 for trial.
In a turn of events, the chairperson of the Tribunal attempted to appease the parties by stopping the proceedings to allow the legal representatives of two parties to meet outside the hearing in an attempt to find a solution to this long standing case. However Advocate Wesley Keeny representing Ananda country lodge and advocate Betty Deale reported a stalemate after an hour’s recess. The Tribunal Chairperson Advocate John Nkomo was left with no option, but to postpone the hearing to allow the two representatives to prepare and submit evidence to the tribunal, before the commencement of the trial in a months’ time.
The Reinekes' are the last of the four families remaining in the premises after the property was bought by the Royal Bafokeng Administration in the past few months. Now the family is contesting the eviction as they have been staying there for the past 17 years.
The family stayed in an area allocated to be a caravan park, and the place has been home for them for almost two decades. Now the business premises have been sold to the Royal Bafokeng Administration. Since the place was sold more than 50 families have been evicted from the premises. Among others, the Reineke family is charged with non- payment of rent by Ananda County lodge in Rustenburg, amounting to over than sixty thousand rands.
According to the charges brought by Ananda Country Lodge, the Reineke owe the lodge more than R60 000 in rental money andthe family has erectedan unauthorised immovable building within the premises. Ananda wants the tribunal to cancel the lease agreement it has with Mr Reineke and also terminate operational rights as linked to the contract.
The key operations of the Rental Housing Act 50, of 1999 which establishes the Provincial Rental Housing Tribunal for it to serve its regulatory function empowers it to deal with issues that relate to non refund of deposit, non-payment of rents, leases that are not in compliance with the law, lock-out and evictions without a court order.
The act does not cover commercial tenancies butcovers any house, hostel room, hut, shack, flat ,apartment, room, outbuilding, garage or similar structure which is leased, as well as any store room, outbuilding, and garage or demarcated parking space which is leased as part of the lease.
