Human Settlements
(1) Whether he and his Department will investigate the cause of the violence and eviction at Lynquedoch farm in Paarl; if not, why not; if so, what are the relevant details;
(2) whether a fair and due process was followed for the eviction to take place; if not, why not; if so, what are the relevant details?
[1]&[2] The Drakenstein municipality has conducted an investigation which adequately addresses the issues.
Investigation revealed that the owner of the farm: Lanquedoc obtained an eviction order via the Land Claims Court in Randburg for the eviction of two families who lived on his farm but were not in his employ. It should be noted that an applicant has the choice of either obtaining an eviction order from the local Magistrates Court or directly from the Land Claims Court.
Where the Magistrates Court rules on an eviction order, it usually goes to the Land Claims court to be ratified. The Magistrates Court would also request that the parties engage i.e. the applicants, respondents including the municipality usually via legal counsel to discuss the socio economic conditions as well as the provision of alternative accommodation by the municipality. In this instance, no engagements took place between the parties as this was not a requirement from the Land Claims Court.
Furthermore, in terms of the decision of the Land Claims Court, an order was not issued against the municipality to provide emergency or alternative accommodation. Secondly, the municipality was not informed by the Sheriff as to when the eviction order would be carried out.
With regard to the cause of the violence, it was established that the South African Police was approached as the children from the farm had been throwing rocks at passing cars.
The municipality is satisfied that a fair and due process was followed.
