PRESS STATEMENT | LHR in court to stop eviction of 400 families

Date: 06/09/2023

LHR’s Land, Housing and Property Right Unit is in the Pretoria High Court today representing a community of about 400 households known as Kanana Village against a private owner who bought the land with a sole purpose to evict the community.

The Kanana Village was established 21 years ago at farm Kameelzynkraal, Pretoria East. The owner of the farm invited families, who were stranded and destitute due to unlawful evictions that were occurring around the area, to come and occupy a portion of the farm.

The farm owner had plans to formalise the community. However, in December 2005 he passed away before he could do so.  In March 2006 the property was sold to Summer Seasons Trading who is the current owner of the property. The owner knew the position and status of the farm when he bought it.

In 2011, the new owner brought an eviction application against the community. In his papers he expressly stated that he brought the application just to evict the community. He does not mention any other reason/s why he needs the piece of land. His eviction order was granted, and the eviction process was postponed sine die (without fixed date).

LHR unsuccessfully appealed to the Constitutional Court. The matter returned to the High Court for new eviction dates, and in this process Tshwane Municipality gave notice to the land owner that they are expropriating his land. Unfortunately on both occasions Tshwane Municipality did not follow due process, and the land owner brought an application to take these decisions on review.  Although courts cannot order the state to expropriate, LHR filed a counter application for an order that the municipality must follow due process in expropriating the land owner.

“It will inhumane to relocate a community so settled, we underestimate the trauma that people suffer that are forced to resettle and it is difficult to not think about forceful relocations in the Apartheid area. It is a simple solution for this community to stay where they are and do an in situ upgrading. The facts of this matter make it an ideal case to do so,” said Louise Du Plessis, LHR’s Land, Housing and Property right Programme Manager.

For further information, contact:

Louise Du Plessis, Head of Land, Housing and Property Right Programme


Tel: 012 320 2943/082 346 0744

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