Communicare has battled since 2 March 2021 to claim back 24 units in Brooklyn that were violently hijacked.
Without the support from SAPS to prevent the building hijacking, Communicare resorted to urgent protection for tenants from the courts. Communicare applied for a spoliation order, a common-law remedy to take back possession of the property including regaining control of the access to the property.
On 30 March 2021, the High Court postponed the case until 22 April 2021. However it is a great victory that the Court ordered that Communicare should be “placed in control and possession of the common areas, various security gates and checkpoints” and instructed SAPS to both assist the organisation in implementing the order and to arrest anyone who obstructs the order of the High Court.
Communicare’s first priority is to protect law abiding tenants, especially the elderly who have been terrorised by the hijackers. Some were beaten and apartments were broken into to connect water and electricity. Tenants are afraid to leave their children at home when they go to work. Legal tenants felt they were kept “hostage” by the hijackers who forced the security guards off the property and took over control of the access gates.
“We are relieved that we could restore order at the property and enhance the safety of our tenants on Wednesday 31 March 2021. By regaining access control at the property we’ve given tenants some peace of mind over the Easter weekend,” said Anthea Houston, CEO of Communicare.
On 30 March 2021, traditional leaders gathered at Communicare’s building in Brooklyn to express support for tenants and to condemn the illegal hijacking of the building.
“I would like to thank the Khoi, San and traditional leaders for their support to help restore safety for the tenants at the Goedehoop complex. It’s a sad day when traditional leaders have to step in to appeal to people to allow other poor people to live peacefully in their homes and to ask the hijackers to leave the premises. Law enforcement had failed us,” said Houston.
The King of the Griekwa, His Royal Highness, Johannes Waterboer, condemned the building hijacking saying, “To commit violence, assault, intimidation, destruction of buildings, and theft and terrorism of poor people in the name of homes is not a human right. It is criminal activity.”
“While we wait for the court date, we still fear for the safety of our tenants despite the significant gain of restoring order and safety for our tenants. There had been ongoing violent clashes between the building hijackers, tenants and security prior to the Court order.”
“We need urgent intervention and enforcement from SAPS to prevent such building hijackings in future. We have seen the damage that building hijacking has caused to neighbourhoods in other parts of the country. We cannot afford to set this dangerous precedent in Cape Town.”
“We have experienced other building hijackings and it has taken more than a year to reclaim our property through the courts. No organisation can sustain the added security and legal costs that come with this,” said Houston.
