Durban family to sue over demolished house

A Durban family is planning to sue the city for more than half a million rand for demolishing its home and tavern next to the new entrance to Umlazi's King Zwelithini Stadium, which is undergoing an upgrade for the Fifa 2010 World Cup.

Speaking amid the rubble of the tavern, Mandla Obabamkhulu, adjacent to Mangosuthu Highway, Ntombifuthi Bhengu, 46, said she had given birth to her six children on the property.

"This was our only livelihood and home. All our children schooled here - until now," said Bhengu, pointing across the road to two schools, wiping tears from her eyes.

Her youngest three children were still at school, but unlikely to be able to carry on schooling in Umlazi, said Bhengu.

The Bhengus' attorney, Nathi Ngcobo, said the land on which the head of the household, Bhekathina, 50, had traded and lived for 30 years now belonged to Passenger Rail SA.

He said Farm Umlazi Mission Reserve No 8309 previously fell under the Ingo- nyama Trust, which administers communally owned land.

The Bhengus, Ngcobo said, believed they had legitimate occupation rights and even had electricity supplied by the eThekwini municipality.

Responding to queries, a representative of the city's legal unit, Vivani Made, said: "What was demolished was an illegal tavern.

"The Bhengu family, whose tavern was demolished have already taken occupation of two houses at Isipingo as alternative accommodation."

Made forwarded a copy of the Durban High Court order instructing the Bhengu family to remove all movable property from the Farm Umlazi Mission Reserve No 8309, no later than Thursday, November 17, failing which the city, and Passenger Rail South Africa would demolish the buildings and remove any property.

"They (the Bhengu family) took us to court on Monday to stop the implementation of this order.

"The judge dismissed their application with costs on the grounds that they have no prospects of success on appeal," said Made.

Authorities demolished the Bhengus' tavern and home early the next morning - Tuesday - to enable construction work to continue around the entrance to King Zwelithini Stadium.

Ngcobo said the court had erred in not taking into account the history of occupation of the Umlazi Farm Mission Reserve.

He said unlike the other informal traders moved off the property, Bhekathina Bhengu was a pioneering trader who had settled on the property in 1978 and, over the past 30 years, had built up the tavern as a trading premises and a home for his wife and children.

Ngcobo said that although the Bhengus did not have a title deed, nor a trading licence, their rights were still protected within South African law.

But the city council, said Ngcobo, had refused to recognise these rights or negotiate any settlement.

"It's a sad story, and very, very inhumane. The city has handled it very badly.

"They (city officials) have not done proper consultation. It can't end here. We intend to sue for damages," said Ngcobo.

He said the structures that the city demolished had been built in 2000.

"Its value was estimated at R400 000 and they even had electricity on site supplied by the municipality," said Ngcobo.

"They came at 5am," said Hamilton Bhengu, 24, surveying the ruins of the Mandla Obabamkhulu.

His younger brother, Mmeli, 22, said: "We really don't have a clue what our father will do now. All this rubble you see is all that is left of his life's work."

Ntombifuthi Bhengu said the tavern had never had a liquor licence as this required the consent of the property owner, which had never been granted by either the Ingonyama Trust or Passenger Rail SA.

"No one could ever give us the papers, so we just carried on running the business without a licence," she said.

She described the alternative accommodation offered to the family in Isipingo as "two rooms made of that plastic, cardboard kind of thing".

"They say we are on a waiting list for houses, but this could be anywhere from Illovo to Clairwood.

"My husband is now sick.

"I really don't know what we are going to do now," she said, beginning to cry softly again.

Tribune

Posted at 08:30AM Jan 04, 2010 by Editor in Residential  |  Comments[1]