The Mbombela High Court in Mpumalanga has raised serious safety concerns over the occupation of privately owned land, with experts warning that the unstable soil conditions could pose a life-threatening risk to those living on the disputed property.
The case, which involves The Alliance Church as the first respondent, has resulted in an eviction order set to take effect by April 30, with further legal processes pending regarding some structures, including the church.
The case, brought by HL Hall Properties, involved Portion 22 of the Farm Dingwell 276, JT, Mpumalanga, where at least 19 structures had been erected without municipal approval.
These included residential homes, a multi-story student residence, a bricklaying business, and The Alliance Church.
The court found that the land had never been rezoned for residential or commercial use and that the buildings were constructed on soil that was prone to collapse.
A 2008 geotechnical report commissioned by HL Hall Properties warned that the soil had a high risk of sudden collapse under stress, making it unsuitable for construction.
Likelihood of structural failure
The report described the hillwash and gullywash soils in the area as “severe trouble”, with tests revealing a high likelihood of structural failure.
“The occupants of the structures erected on the applicant’s property have been in imminent danger from the day the structures were erected on the premises,” said Deputy Judge President Takalani Ratshibvumo in his judgment on Wednesday.
The respondents, including individual occupants and The Alliance Church, disputed the claims of instability.
They submitted a one-page report from Eyesizwe Consulting Engineers, which states that the structures are “structurally sound”.
The court rejected this evidence, finding that Eyesizwe’s report is based only on a visual inspection and does not include laboratory soil analysis.
“There is no basis to now conclude that the occupiers are not in any imminent danger, unless it is expected of us to reach such a conclusion only after tragedies have struck, of which it would be too late,” said Ratshibvumo.
The ruling emphasised that without addressing the land’s geological instability, no structure could be considered safe.
Municipality asked to investigate
The eviction order applies to specific respondents, who must vacate by April 30, while the church and other structures will be considered in a future court process.
The Mbombela local municipality was ordered to investigate where the affected individuals had lived before occupying the property and to assist with relocation.
However, the municipality’s report lists 37 households instead of the 19 identified in the case, raising questions about the accuracy of the data.
The court did not grant an order for demolition, ruling that this issue would be dealt with under a separate application in terms of Section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998.
With the eviction process now underway, the safety of those who remain on the land, including churchgoers, remains a pressing concern, as the court’s findings highlight the dangers of unregulated settlements on geologically unstable ground.
