A legal tenant at one of the City owned properties is struggling to receive support from officials to evict individuals who have occupied the flat.
This is despite a request by the Western Cape High Court judge for officials to assist Moenier Eksteen evict his former partner and her children from his flat in Albow Gardens, Rugby.
The attempts date back to 2022, when Eksteen's family asked de Bruyn to move out after the relationship ended.
Instead, charges were laid against Eksteen, and a protection order was granted, preventing him from entering the property.
A letter from the judge, which was presented to the Housing officials, set out Eksteen's predicament: ‘’Eksteen is seeking legal assistance with eviction proceedings to restore occupation of the said premises to him.
Therefore, kindly note that Mr Eksteen's failure to resume occupation is neither wilful nor mala fide but consequent upon his bail conditions and pending legal proceedings. However, as soon as he is legally able to resume occupation, he will do so.’’
When de Bruyn refused to move out, the Eksteens also wrote to City officials responsible for housing, seeking assistance.
‘’Last year, they (City officials) shouted at us, saying we must evict them. Now that we’ve done everything legally possible, they refuse to give a letter of support for the eviction. So, I must be homeless, but I am still paying rent for a home that I love,’’ said Eksteen.
Despite numerous acknowledgements of the letters and promises to investigate the matter, no action has been taken by the officials.
Eksteen is recognised as the legal tenant in the contract with the City and had been paying rent for the flat.
After meeting with his lawyer, Eksteen was advised to approach the Manager of Homeownership Transfer and Tenancy Management in the City's Human Settlements department, Grace Blouw, for a letter acknowledging that he could proceed with the eviction process.
The matter was also brought to the attention of the Mayco member for Human Settlements, councillor Carl Pophaim, who, in turn, requested an explanation from Blouw.
On 2 October, Blouw responded: ‘’Subjoined email is acknowledged and content noted. Please allow me to investigate, and I will revert with a response soonest.’’
To date, no further response had been received by the Eksteen family.
‘’It brings me great disappointment that after several months, several emails, phone calls and complaints made by my family members and myself to the Bonteheuwel housing office and Grace Blouw, and we have still received absolutely no help with our matter.
‘’Instead of housing officials at the Bonteheuwel Housing office helping us, they have threatened to evict Moenier instead,’’ wrote a family member to the City.
Another Albow Gardens resident who spoke on the basis of anonymity for fear of reprisal claimed that drug addicts had occupied some flats in the complex.
‘’It's mostly elderly people who stay in the flats. When some die, family members are allowed to continue to stay and pay rent. However, some of these flats are either rented to individuals or occupied by those who carry out criminal activities, like selling drugs. One would expect the landlord to launch an investigation, but none has been carried out,’’ the source said.
City spokesperson Luthando Tyhalibongo said the City was in contact with the Eksteen family.
However, according to the Eksteen family, all they received were acknowledgement of receipt of emails and no action or the help sought.
Tyhalibongo said the City’s Public Housing Department investigated all complaints of "anti-social behaviour, including drug dealing and gangsterism" , at its properties and took the appropriate action where required.
He added that eviction orders were issued for non-payment of rent, unlawful occupation and anti-social behaviour.
But specific questions on why support was not being granted to Eksteen's attempts to evict the alleged illegal occupants were not answered.
An activist, Roscoe Jacobs, said the City was ‘’abdicating its responsibility and failing to assist Eksteen’’.
‘’The officials cannot continue to be unresponsive to the pleas. They must show a political willingness to serve all citizens.’’