Constitutional Court Orders 85-Year-Old Woman to Vacate Childhood Home That Was Sold on Auction in 2008

• An 85-year-old woman has been order to vacate her childhood home that was purchased during an auction in 2008
• The Constitutional Court found that the woman and her disabled son had been living in the property unlawfully and refused to leave
• The new owner has been ordered to purchase a two-bedroom home for the woman who live in for the rest of her days

WESTERN CAPE - The Constitutional Court found that the eviction of an 85-year-old woman and her disabled son from a farm in Somerset West was lawful on Tuesday, 20 September. Clara Phillips has lived in the home since she was 11 years old and must vacate the property.

The court application was brought forward by Willem Grobler, who purchased the property at a public auction. However, Phillips refused to leave the home, saying the previous owner had granted her the right to “life-long” occupancy.

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According to News24, the property was registered in Grobler’s name in September 2008. The new owner made numerous attempts to reach a compromise with Phillips, including offering to pay for relocation costs and alternative accommodation, but they were all declined.

Grobler then approached a magistrate’s court and launched an eviction application, which the high court later overturned. He then launched an application for leave to appeal in the Supreme Court of Appeal, which ruled against him.

The Constitutional Court found in his favour, stating that Phillips did not have a right to refuse to be evicted on the basis that she prefers to remain in the property that she is occupying unlawfully. However, Phillips was ordered to purchase a two-bedroom home situated within a radius of 5km from where Phillips lived.

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SowetanLIVE reported that the order said Phillips would have a right to live in that house for the rest of her life. Furthermore, the court said if the elderly woman and her son do not occupy the home within six months from the date of registration of the dwelling in the name of Grobler, they are directed to vacate the premises.

South Africans react to the ruling:

@MarkSyson2 said:

“Surely it’s the responsibility of the party auctioning the property to ensure the removal of existing tenants before selling?”

@ZoobanSingh commented:

“Haibo! This aunty was just over 70y when she refused. Now that she’s 85 makes no difference. I even won’t award her any relief. She’s occupying the property illegally. I will await someone being interviewed about her plight coming soon.”

@Xanner972 posted:

“What a bad ruling, in South Africa we already don’t have adequate property rights it would seem. The person who owns the property would have full say on what happens with it. When someone lives unlawfully on the premise the police should be used to evict them, harsh but right.”

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@pete77022741 wrote:

“Disgusting that an owner needs to provide alternative housing to someone living on his property illegally. Will Never understand that law.”

@donkinglove added:

“She’s 85 years old, leave that woman alone.”

Mining companies and farmers make life difficult for Mpumalanga farm dwellers on ancestral land

In a related matter, Briefly News also reported parliamentarians heard horrific stories from farm dwellers who claim they are being intimidated and threatened by some farmers and mining companies.

The farm dwellers claim they are being prohibited from keeping livestock, having water and grazing lands poisoned, their animals are being stolen and people are being shot.

Hundreds of family members are also being evicted from their land by mining companies and farmers. The parliamentary delegates are calling for the allegations to be investigated to prevent further human rights violations.

Source: Briefly News