Former uMkhonto weSizwe Party (MKP) member of parliament, France Bongani Mfiki has been ordered by the Western Cape High Court in Cape Town to vacate his parliamentary unit at Laboria Park parliamentary village after allegedly occupying the state-owned property unlawfully for more than two years.
This comes after the department of public works and infrastructure had to head to court to force Mfiki to vacate the property following his removal by MKP as a member of parliament.
The minister of public works and infrastructure, Dean Macpherson welcomed the eviction order.
READ: Dean Macpherson guns for ex-MK Party MPs living at Parly Village
Court sets deadline for eviction
Mfiki has been given until September 30 to vacate the property, and the court order stated that should he fail to comply, the Sheriff of the Court will execute the eviction order on October 1.
Mfiki’s tenure as an MP ended on August 7, 2024. However, he allegedly remained in the state-provided accommodation despite repeated attempts by the department to get him kicked out.
Macpherson said, “Ordinarily, former MPs are allowed to inhabit their state-provided residence for 30 days should their tenure end in order to provide them with the sufficient time to make alternative arrangements for accommodation. The department of public works and infrastructure made repeated attempts to recover the property from Mr Mfiki, including formally issuing him with a notice to vacate on 11 September 2024. Despite these efforts, Mr Mfiki failed or refused to vacate the premises, leaving the department with no alternative but to institute eviction proceedings.”
Macpherson: ‘State housing is a privilege, not an entitlement’
Macpherson added that the judgement reinforced his mission of protecting state assets from illegal occupation.
“The provision of accommodation by the state is considered a privilege to MPs to enable them to perform their parliamentary duties when not in their constituencies. Once an MP’s parliamentary duty comes to an end, they no longer have an entitlement to state housing, and these properties must be returned to the state for reallocation to those who are entitled to be in occupation.
“No individual is above the law, and state assets cannot be treated as private property.”
“While this order is a step in the right direction, the department has borne the cost of Mr Mfiki’s illegal occupation through rates, taxes and maintenance of the property,” said Macpherson.
Other former MKP MPs also under scrutiny
The department also said that in addition to Mfiki’s refusal to vacate the property, two other former MKP MPs were also found to be in unlawful occupation of state accommodation.
“One former MP has since voluntarily vacated the property after engagement by the department, while legal proceedings against the remaining individual are currently being pursued,” said the department.
Macpherson also confirmed that all legal avenues are being used to recover the assets being unlawfully occupied and stated that the department will ensure due process will prevail.
“The department remains committed to ensuring that the rule of law is upheld so that state accommodation is allocated fairly and occupied only by those who are legally entitled to do so,” he said.
- France Bongani Mfiki, a former MKP member of parliament, has been ordered by the Western Cape High Court to vacate his parliamentary unit at Laboria Park after allegedly occupying it unlawfully for over two years.
- Mfiki's parliamentary tenure ended on August 7, 2024, but he remained in state-provided accommodation despite repeated eviction attempts by the Department of Public Works and Infrastructure.
- The court set a deadline for Mfiki to vacate the property by September 30, with the Sheriff of the Court authorized to execute eviction on October 1 if he fails to comply.
- Two other former MKP MPs were also found occupying state accommodation unlawfully; one has vacated voluntarily, while legal action is ongoing against the other.
- Minister Dean Macpherson emphasized that state housing is a privilege for MPs during their tenure and must be returned after their term ends to prevent illegal occupation.
