The bitter dispute over the estate of Essop Mohamed Omar that could result in the eviction of a 97-year-old woman and other elderly tenants occupying the last authentic portion of District Six has attracted yet more sharp criticism.
Former residents, activists and some of the heirs of the legendary entrepreneur are angry at the move to try to evict people from a row of historic homes in the area.
Terrence Fredericks, chairperson of the District Six Museum, said: "The entire country should be outraged that we are observing forced removal in Cape Town of the people who are still living the original history of District Six."
Helena Jane Florence Kennedy-Abrahams, resident in a heritage-protected section of Nelson Street, was served with an eviction notice last month, informing her that she would have to vacate 55 Nelson Road, where she has lived for 90 years, on October 31.
She occupies one of 17 cottages that were purchased by Omar in 1937 and which became one of the vibrant centres of the historic District Six.
"This small part between Aspeling Road, Nelson Road and Pontact Street is so incredibly rich in the history of the old district, and even today, by its enduring character, it serves as a powerful reminder of what was lost when the rest of District Six was bulldozed," said heritage officer and former District Six resident Ron Martin.
On Friday Themba Yeki, speaking on behalf of the MEC for arts, culture and sport, Chris Stali, said: "This department will not support any re-development in that area, at the expense of our valuable social, cultural, historical and architectural heritage."
Graaff's Trust, the custodial agent, has admitted issuing the eviction papers, but noted that it had done so on behalf of beneficiaries acting through Dr Omar Mohamed, who was appointed in his father's will as the executor of the estate.
Wayne Buys, senior client manager for Graaff's Trust and Mohammed Omar, one of eight heirs to the estate, have maintained that the proposed evictions have become necessary because the properties are unsound and uninsurable, which would make the beneficiaries liable in the event of an accident.
Both have also pointed out that the rental received from the 17 cottages is not market-related and has eroded the trust's capital.
Omar said: "The place has become a danger, if a roof or a wall collapses, we will have to pay."
But both the Graaff's Trust manager and Omar have been challenged by tenants, some of whom are also heirs to the estate.
One grandchild, environmental affairs MEC Tasneem Essop, has emphatically denounced the decision to evict the residents, who include her mother, Janey, from the home in which she grew up. She has met the tenants and has organised for an architect and an engineer to visit the site.
The inspection reports are being finalised.
Residents said the visit by the architect and engineer had been the first time in the last three decades that the building had been inspected for structural or other defects.
"In all the time that I have lived here, I can certainly assure you that neither anyone from Graaff's Trust, nor any of the brothers who now want to evict us, have come into our homes to inspect our properties," said Magdelena George, a long-time resident at 132 Pontact Street.
She said that the tenants had received strong support from well-wishers, former residents, religious leaders and "just ordinary decent people who are upset that we are simply told to pack up the lives we have built here for all these years".
Another person who is outraged by the eviction notice is Ebrahim Mohamed, the third-eldest of the heirs who lives at 126 Pontact Street.
Through his attorneys, Lamprecht and Associates Inc, Mohamed has put several questions to Graaff's Trust and to his brother Omar Mohamed.
He rejects the contention that the properties are structurally unsound and is particularly concerned about the statement that the buildings are uninsurable.
"My attorney has requested a full explanation for the assertion that the buildings were uninsurable. I am particularly interested in establishing why the insurance policies relating to the properties under administration were terminated," Mohamed said.
He was particularly disturbed that his brothers could simply send eviction notices to the very old women who have lived all their lives in the historic block.
"I can never agree with the decision to remove these old women. That really makes me upset," said Mohamed.
The Cape Argus has tried several times to interview the executor of the estate, Dr Omar Mohamed. He said that questions should be directed Buys. The Cape Argus spoke to Mohamed Omar, who commented on the matter. A meeting is scheduled today between the Cape Argus and Omar Mohamed.
