Trustees and residents of the Hillbrow building, Clarendon Heights, say the court is clear that the building is being hijacked, despite the opinion of some that it is not.
Image: Itumeleng English / Independent Newspapers
City of Johannesburg Mayor, Dada Morero, has acknowledged the role of criminal syndicates, who are allegedly behind the city's more than 200 hijacked buildings.
While speaking to the SABC on Monday, the mayor revealed that his administration is working with law enforcement and stakeholders to dismantle the criminal syndicates and restore law and order in the city.
However, he stated that many efforts to fight the scourge of hijacked buildings are also hampered by the country's Constitution, which requires the city to offer alternative accommodation for evictees.
His comments come in the wake of a recent Gauteng High Court, Johannesburg, order granted for the eviction of 38 residents of Clarendon Heights in Hillbrow.
According to an IOL report, these residents have failed in their bid to obtain leave to appeal against this recent court judgment, but indicated that they will now petition the Supreme Court of Appeal (SCA) in a bid to appeal the eviction order.
These residents of the troubled Clarendon Heights in Hillbrow have also debunked the narrative of a "hijacked building" after some of the owners and trustees pointed to judicial findings of serious violence and intimidation associated with takeover dynamics by certain elements associated with the building.
Joburg Mayor Dada Morero says the city is making strides towards reclaiming hijacked buildings across the sprawling city.
Image: Itumeleng English / Independent Newspapers
On crime syndicates taking over public and private properties in the city, Morero said the challenges continue to be a problem for the city and its residents, as the efforts of the city are hampered by the Constitution and ongoing legal challenges.
"Challenges with hijacked buildings are huge. We are focusing on the buildings. However, I must indicate that we have a Constitutional Court judgment, which says that once we evict tenants, we must provide alternative accommodation. That is one area that we are trying to work with the private sector. Once we can strengthen this area, we will be able to move with speed," he added.
Furthermore, emanating from the findings of the Justice Khampepe Commission of Inquiry into the Usindiso Building fire, the commission found that the City of Johannesburg and its entities, including the Johannesburg Property Company (JPC), must bear partial responsibility and/or accountability for the tragedy, and that the consequences of the fire would have been mitigated had the city complied with its legal obligations as owner and municipality.
The commission further found that the Usindiso Building was abandoned by the city and the JPC since at least 2019, and that the city contravened various health, fire safety, town planning, and building control legislation, as well as its own by-laws.
It recommended that disciplinary processes be initiated against the accounting officers of the city's entities, namely the JPC, Johannesburg Water, City Power, and Pikitup, in cases where evidence indicates they failed to fulfill their duties.
Last year, the city announced that it is prioritising buildings that have been declared unsafe and are subject to court-ordered evacuations, which included the M.O.T.H Building, the Vannin Building, the CASA MIA Building, the Delvers Building, and the Remington Building (successfully redeveloped following a court-ordered evacuation on September 15, 2023), among others.
This week, the Morero further indicated that work is being done to turn some of the troubled areas in the city, including in Yeoville, Hillbrow, and the CBD.
"There has been work that the councillor in Yeoville has been doing with NGOs in the area to keep Rocky Street and other streets much cleaner and much safer. So, there is work that is being done gradually in that area of Yeoville. There is work that we are doing in the CBD of Johannesburg, where you can now go and evaluate the work on Claim Street, Plein Street, and Bree Street. You can begin to see the changes that have emerged, and now we must accelerate."
However, attempts to get a comment on the implementation of the recommendations made by the Khampepe Commission were unsuccessful at the time of going to print.
siyabonga.sithole@inl.co.za