Court rules in Communicare’s favour in eviction appeal

1 March 2022

Rifda Morat lost a court application on 25 February 2022, after claiming that she had been unlawfully dispossessed of her apartment by Communicare.

This matter was heard after the court had already granted an eviction order in 2019, which had been effected by the Sheriff of the court on 19 January 2022.

At the court proceedings Rifdah Morat’s legal representative argued in court that according to her, Communicare had not followed a fair and legal process. Her case was heard and dismissed by the court, with Morat having to carry the cost since her application failed.

This means that the original eviction order of the court was and remains valid. The court ordered that the Morats leave the apartment by the close of business on 28 February 2022. In the event that the Morat family and any other occupants at Sakabula Flats fail to leave, the Sheriff of the court has been directed to once again evict them. This will ensure that the apartment is returned to its legal owners after more than 3 years of non-payment of rental and unlawful occupation.

Communicare made several attempts to reach an agreement with the tenant to settle her arrears (over R150 000) but eventually had no option but to pursue legal action.

No landlord has the authority to simply evict tenants from their homes. Only the Sheriff of the courts can do that after both sides have a fair opportunity to state their case in a court of law and a Magistrate or Judge rules that the tenant depart or face eviction. The Morats have now had ample opportunity to state their case.

The Court had previously issued an order in March 2019 restraining and interdicting Moerida Morat (the mother of Rifdah Morat) from trespassing, illegally occupying and bringing third parties onto the property to break down entrances and occupy Communicare’s property.

The restraining order was issued after a security guard was attacked and forced to hand over keys to Communicare property in an attempt to hijack the property.

“We are here to provide affordable decent housing and are never pleased about evictions. However, we are happy that justice is served.

This is not a community issue as claimed by the Morats when raising funds to cover legal fees. This is an unlawful occupation. Any ongoing illegal occupation, building hijacking or rental boycotts are unfair to our lawful tenants who honour their contracts. Those involved in unlawful activities must be prepared to face the might of the law,” said Makhosi Kubheka, COO at Communicare.

End

For more information contact:
Balisa Mancayi
PR & Communications Officer at Communicare
Email: bmancayi@communicare.org.za
Tel: 021 421 6008

Compare