Reclaiming 'hijacked' buildings

While "hijacked“ buildings remain an ongoing problem in the eThekwini region, efforts to eradicate illegal occupancy are underway.

Gugu Sisilana, the eThekwini Municipality’s spokesperson, said currently there were 13 buildings in eThekwini’s inner city that had been hijacked.

She said to address this, the city was aiding property owners by conducting enforcement operations on these properties and bolstering their legal cases with notices from various internal departments.

“This, in turn, strengthens their position in court when they seek to evict the illegal occupants. We are also devising coordinated strategies with the building owners to thwart future hijackings. This involves enhancing security measures and fostering community vigilance,” she said.

After more than four years, a private-building owner in Durban Central was able to reclaim his property, which was allegedly hijacked.

More than 100 people, including children, living in the dilapidated building, Powermite, situated between College Lane and Maud Mfusi Street, were recently evicted after allegedly refusing to move out.

The building consisted of 58 rooms - some of which were make-shift. A crèche was also being run in the building.

Zaid Omar, a letting agent for Barakah Agency, said the property owner had approached him for assistance last year.

“He had informed us that he had purchased the property four years ago, however, the building was being illegally occupied and he was unable to have the occupants removed. He requested that we manage the property.

“We then approached the high court with an application for an eviction order, which was granted in December. In January, the sheriff approached the occupants with the notice and informed them that they had to vacate by the end of the month,” he said.

Omar said, however, the occupants did not leave the property at month's end.

“Last month, we went back to the property, together with law enforcement, to have them removed. The building was found to be in a poor state and not conducive to be lived in.

“The owner was pleased to be able to reclaim his building. There are plans to revamp the building, and once completed, it will be used to make a positive contribution to the city through revenue,” he said.

However, Sadiki Hakizimana, the illegal occupants’ spokesperson, said they were not given notice to vacate the building.

Hakizimana said he had been living in the building for 12 years, and paid about R500 rent.

“Many of us have lived here for a very long time, and paid rent to the previous owner. When he died we continued to pay rent to his friend - who we believed took over the building.

“We were then suddenly given the eviction notice in the beginning of February, and then a week later, they came to chase us out. We were woken up by police in our rooms, and were just told to get out of the building.

“We didn’t even have a chance to find other accommodation. There are many mothers, with young children, that were thrown on the streets. We believe that the proper process of eviction was not followed, and there wasn’t even support offered to us,” he said.

Hakizimana said they were reviewing their legal options.

Sisilana said the city had since demolished 10 bad buildings and four hijacked buildings as part of its efforts to eradicate illegal occupancy.

She said the presence of bad buildings in the city had numerous negative impacts, including fostering criminal activities such as drug trafficking, human trafficking and prostitution.

“Furthermore, these buildings can significantly lower investor confidence as they contribute to a decline in property values, rates base and create a general sense of neglect and lawlessness.

“Moreover, the existence of such buildings can negatively impact the overall quality of life for the residents, fostering unsanitary conditions and creating potential health hazards. These buildings also contribute to the widespread theft of water and electricity through illegal connections. Not only does this deny the city of much needed revenue, but the illegal electricity connections also pose a danger of fires in these buildings,” she said.

Sisilana said the city was employing a comprehensive approach to curb the illegal activities.

“These include regular inspections being conducted to identify cases of electricity and water theft. These issues, once identified, are escalated to the relevant departments for action,” she said.

Sisilana added that the city had successfully helped 19 property owners to revamp their properties through its incentives programme.

“This follows a constructive engagement with property owners three years ago, who made a commitment to work with the city to revamp their properties. Already these interventions have yielded visible results,” she said.

Sisilana said in addition the city had identified 88 derelict buildings in the inner-city area that pose a significant problem.

“To deal with these buildings we adopt a multi-pronged approach which encompasses conducting regular safety inspections, enforcing building codes, and working with property owners to renovate or refurbish these premises.

“For owners who remain uncooperative, the city issues contravention notices, levy hefty fines on the properties, and begin legal proceedings against non-compliant property owners. These actions could potentially culminate in the demolition, acquisition, or forced sale of these properties.

“We are also actively involving communities to encourage a united front in maintaining these buildings,” she said.

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