The Pretoria High Court has ordered that all people living in an unlawfully constructed building in Pretoria West must vacate the premises, paving the way for its demolition.
The City of Tshwane had approached the court seeking the eviction of occupants and the demolition of the structure built without approved plans.
In granting the eviction order, the court directed that all occupants must leave the premises, clearing the way for the demolition of the structure.
“The first respondent and everybody occupying the premises through the first respondent are evicted from the premises.
“The premises are to be vacated by everyone residing there at present within 30 days from the date of this order handed down.
“Should the premises not be vacated within the period stated in prayer 2 above, the Sheriff or anyone else authorised by the council, assisted by the Sheriff and/ or South African Police Services, may carry out the eviction within 10 (10) days of the period referred to in 2 above,” reads the court document.
According to the municipality, no building plans were ever approved, and the structure did not comply with zoning regulations, which permit only a single dwelling house on site.
Occupiers found to be illegal residents
The court found that the municipality has both a constitutional and statutory duty to ensure that all construction within its jurisdiction complies with planning laws and safety standards.
According to the court document, allowing unlawful developments to stand could encourage others to ignore the law in the hope of later approval.
The court heard that the first respondent, the property owner, allowed people to move into the building while it was still under construction, and evidence showed that occupants were paying rent despite the building being incomplete and lacking proper authorisation.
The judge found that these occupiers were illegal residents and that the circumstances could not justify their continued presence.
It also emerged that the owner had previously been involved in a similar dispute with the municipality, where he had again proceeded with construction without approved plans, which led the court to see this pattern as a serious disregard for legal requirements.
The court had previously granted the municipality a go-ahead in demolishing multiple-storey apartment buildings in Pretoria West; the construction of the buildings located at 510 Luttig Street (Erf 1313) and 514 Luttig Street (Erf 1312) was found to be unlawful.
The owners had converted the existing dwelling houses into three multistory buildings, one at 510 Luttig Street and two at 514 Luttig Street, despite zoning certificates prohibiting such alterations.
- The Pretoria High Court ordered all occupants of an unlawfully constructed building in Pretoria West to vacate within 30 days, allowing for its demolition.
- The City of Tshwane sought eviction and demolition because the building was constructed without approved plans and violated zoning regulations permitting only a single dwelling on the site.
- The court found occupants to be illegal residents who were paying rent despite the building being incomplete and unauthorized, and stated their presence was unjustifiable.
- The property owner had a history of similar violations, previously constructing without approvals, indicating a pattern of disregarding legal requirements.
- This ruling follows previous demolitions of unlawfully converted multistory buildings in Pretoria West, reinforcing the municipality’s duty to enforce planning laws and safety standards.
In granting the eviction order, the court directed that all occupants must leave the premises, clearing the way for the demolition of the structure.
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It also emerged that the owner had previously been involved in a similar dispute with the municipality, where he had again proceeded with construction without approved plans, which led the court to see this pattern as a serious disregard for legal requirements.
