Court grants DPW order to evict illegal occupants of government building
The Department of Public Works (DPW) has been vindicated by the Thohoyandou High Court in its decision to evict Thohoyandou Victim Empowerment Programme (TVEP) and other illegal occupiers of a government property. The property in question is situated at House 02 (former Sibasa Embassy), in Thohoyandou, Limpopo Province. The court order was issued by Judge AJ Lamminga in November last year.
After going back and forth with TVEP, DPW finally succeeded in getting an eviction order in November 2017 from the High Court. The order essentially vindicates DPW from any purported wrongdoing and accusations from TVEP as a contracted tenant who have not been paying the rent along with other unlawful occupiers.
TVEP was given rental occupational rights on the 1st of August 2008 and they stopped paying rent on the 31st of July 2009. They claimed that they were dependent on donor funding. The order states that Thohoyandou Victim Empowerment Programme and any other illegal occupier should vacate the property within 14 days after being served with the order by the sheriff on behalf of DPW. It also orders TVEP to pay an amount of R2000.00 escalating at 10% per annum from 01 July 2009, including an interest of 16% on the R2000.00 per annum. In addition to all this, TVEP has been ordered by the court to pay the legal costs of the application.
In terms of the law, Thohoyandou Victim Empowerment Trust eviction is legal as it is many years since they last paid the rent.
As mandated, DPW is required by law through leasing properties on behalf of the state to receive rental fees at market value and for many other compliance reasons including but not limited to auditing purposes. On the issue of non-payment, which amounts to a breach of contract by TVEP, eviction became the only best option for DPW to pursue. DPW provided the tenants with ample time to make payment arrangements; however, since there was no movement, DPW had no option but to seek recourse by taking legal action.
DPW did its part in trying to salvage the situation by requesting financial statements from TVEP which did not comply, hence the eviction. It must be noted as a matter of principle that DPW’s mandate is to manage, protect and safeguard government’s immovable assets and this action is part of what is required of it.
Enquiries:
Thami Mchunu
Cell: 079 519 6997
