District Six families told to vacate historic cottages

FIVE District Six families living in Victorian-era cottages in Searle Street, Woodstock, have been ordered by the Cape Town Magistrates' Court to vacate the properties by February 28, after the court ruled that their continued occupation is unlawful and that eviction is just and equitable.

- MURRAY SWART

In a judgment delivered in December, Magistrate Juan de Pontes found that Etienne du Toit, the registered owner of the properties, is entitled to regain possession under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The families ultimately conceded that they had no lawful right to occupy the cottages, leaving the court to determine whether eviction would be fair in light of their personal circumstances.

Du Toit bought the Searle Street properties in September 2014 from the Sisters of the Holy Cross for R2.45 million. The court noted that notices cancelling any alleged rights of occupation had been issued, yet the families remained in occupation for several years while the matter was delayed by opposition and postponements.