Province Forced to Evict 63 Households at Temporary Relocation Area (TRA) in Delft

After exhaustive consultation and negotiation, and as a last resort, I have, on 18 February 2010, instituted proceedings to apply for an eviction order from the Western Cape High Court to relocate 63 households who refuse to relocate from Temporary Relocation Area (TRA) 4 and 4.1 in Precinct 2 of Delft 7-9 - part of the N2 Gateway Project. Notice will be served on these households by 23 February 2010, and the matter will be heard on 5 March 2010.

Construction of approximately 200 units of state assisted housing is being delayed by those 63 households who refuse to relocate. The contractor is refusing to continue with construction on this site on account of the health and safety risks presented to the 63 households who are refusing to vacate.

This has two consequences:

1. The rightful beneficiaries of the units to be built on the property, which far outnumber the people holding up the development, are being prejudiced by a  delay in  the building of their houses.

2. The Province is at risk of incurring fruitless and wasteful expenditure for the contractor's standing time. The contractor contends that the Province is liable in this regard to the tune of R83 000 per day that the site is not vacated. While not admitting to any liability in respect of this claim, should the contractor be able to properly prove its claim on  this basis, the Province is potentially liable to it for a substantial amount of money - very nearly the equivalent of one individual subsidy (which has just been raised to R84 000) for every day that these unlawful occupants refuse to be relocated at minimal inconvenience to themselves. In other words, should the contractor prove its claim, the government would be able to provide one less house for every day these illegal occupants remain on the property.

There were originally 1800 households on the property in question, and all except these 63 households have voluntarily relocated to the alternative TRAs that have been made available by the Department of Local Government and Housing. These 63 households have been offered alternative TRAs which are between 500 and 700 meters from the current TRAs and, thus, relocation will cause no disruption whatsoever to the work opportunities, amenities, schools and other facilities currently used by the 63 households.

In addition, the alternative TRAs being offered to the unlawful occupiers are superior to the current TRAs in that, although they have the identical structural specifications, they are also electrified with a pre-paid system for a light and a power point.

The 63 households appear to be resisting being relocated to try and force the department to allocate them permanent low-cost housing. Unfortunately, none of the 63 households qualify for access to Breaking New Ground (BNG) houses - because they do not meet the stipulated criteria for qualification in respect of income levels and/or because they are illegally resident in the current TRAs.

There are, furthermore, objective criteria that determine the selection of beneficiaries for the limited number of houses we can build every year with the resources at our disposal, and deviating from the agreed criteria and process would be arbitrary and unfair, and would likely heighten tensions and risk the outbreak of violence in the community.

The government began consulting with the affected communities about their relocation in approximately May 2009, and we have made every possible effort to persuade them to move voluntarily. Ninety-six percent of the affected households agreed to relocate voluntarily. It is most unfortunate that we must resort to legal action to force the last 63 households to move so that we can get on with our job of building sustainable and integrated human settlements in the Western Cape and, specifically, on the N2 Gateway project.

Issued by:
Bonginkosi Madikizela
Western Cape Minister of Housing