News South Africa

Pentech 'squatter war' goes to court

Gasant Abarder|Published

The battle lines have been drawn in a housing war between homeless Guguletu residents and the Peninsula Technikon over a student residence which was illegally occupied by residents while students were away on holiday.

The technikon applied for an interdict in the Cape High Court last month to restrain a group calling itself the "committee" and its followers in the Gugulethu community from entering or being within two metres of the perimeters of its Somafho student residence in CNY 121, Guguletu.

The interdict also seeks to prevent the group from assaulting, threatening or causing physical harm to students and staff.

Judge Belinda van Heerden postponed the matter on Thursday to give the residents an opportunity to submit why the order should not be granted.

In court papers, Lineo Vuyisa Tanga, deputy vice-chancellor of the technikon, said that on January 6 about 200 "homeless" residents from Guguletu arrived at the gates of the residence and demanded entry.

"It was made clear to the security personnel that these residents needed accommodation and that they intended to move into the residence," she said.

The mob then broke through the security perimeters of the property and in to the building.

The next day, Tanga was called to the residence. Although she was told by police that the people had been removed, the crowd remained on the property and some were still inside the residence.

Tanga said: "Certain people from the crowd came forward, claiming to be 'committee' members, who represented the community. They were later identified as the respondents."

She said Mimi Manata, Felix Ramakolo, Luvuyo Selana, Derrick Mdani, Simon Xoseka, James Masiko and Mavis Charles were part of an ad hoc committee representing the homeless and not members of a residents' association.

At a meeting in Guguletu on January 13, Tanga told the committee and the community the technikon understood there was a housing problem.

"We informed the meeting that we were not in the business of providing housing, but that we would inform the Cape City Council, when and if we no longer required the residence for student housing purposes.

"It was made clear that students would return from vacation on January 17," she added.

But the following week, when the students moved in, the committee and other Guguletu residents again entered the premises and "roughed up" students.

Tanya Golden, instructed by E Moosa, Waglay and Petersen, appeared for the technikon. The respondents were not represented.