Lavender Hill residents protest eviction notices following loved ones’ deaths

• Residents of Lavender Hill have lashed out against the City of Cape Town for issuing eviction notices promptly after a family member’s death, causing distress and instability.
• According to community activists, affected families face eviction despite living with the deceased tenant’s permission.
• City officials defend the actions as necessary to address unlawful occupancy and prepare units for eligible applicants.

Lavender Hill residents have accused the City of Cape Town of preying on families in their grief by issuing notices to move as soon as a loved one dies.

According to residents and families from Lavender Hill and Retreat, they receive notices to vacate their homes as soon as losing their mother/ father/ uncle/ aunt.

People’s Post met with siblings who face eviction with their children.

“According to the City’s policy, only if you lived on the premises for more than three years and if your name is nominated as the next tenant, you are allowed to stay,” says Nazeema Minky one of the residents. “We, my sisters and our families, shared a flat for many years and later moved to Montague Village, but a few months later, we moved back into the flat. During that time, my uncle passed away and now the City wants us to leave.”

A family received notices to vacate this council flat after their loved one died. PHOTO: Natasha Bezuidenhout

In a letter (dated 12 June) to Mayco member for human settlements Carl Pophaim, community activist Clive Jacobs brings the concerns of affected families to light.

“The way the local housing approaches these people – who they name squatters – but who have rights because they were given permission to live there by the previous tenant,” says Jacobs.

Elections

He further claims that the most recent notices were handed to residents two weeks after the elections in May.

“Local housing and law enforcement with metro police have come and turned the lives of our mothers, fathers and children upside down,” he states.

“Clearly, local housing has no respect towards humanity and human rights. Local housing is destroying the lives of our people who occupy these dwellings for many years.”

Referring to a worrying case, Jacobs claims a 17-year-old teenager will be left homeless as he was slapped with a notice to vacate as soon as his mother died.

Community activist Clive Jacobs with Olga May and Jolene Clayton at the flats in Lavender Hill where residents have received notices to vacate. PHOTO: Natasha Bezuidenhout

“A tenant died, what happens to the children’s rights as in human rights? How can they violate his right to proper housing and a decent life? He never asked God to take his mom away,” said Jacobs.

In a notice dated 22 January, the City advised the occupants of the flat in Ashley Court, where the teenager lives, that the tenancy had been terminated.

“I understand that the tenant has died. The tenancy has accordingly been terminated,” the notice read. “The transfer of tenancy of this dwelling will be dealt with in terms of the City’s policy.”

According to Jacobs, some of the families affected were not listed or nominated as a tenant by the deceased.

“The people are on the housing list as sub-tenants of the previous tenant who maybe passed on and never declared these sub-tenants to local housing,” he said.

“My concerns are, where do these families go? It affects the youth, it creates internal fighting and children are embarrassed, so they drop out of school and sign up with gangs.”

Sisters (from left to right) Asheeka Minky, Nazeema Minky and Kashifa Minky received notice to vacate shortly after a loved one died.. PHOTO: Natasha Bezuidenhout

Response

Explaining the City’s policy, Pophaim commented that in the event of a tenant’s death, the tenancy may be transferred to the surviving spouse or partner, who must be in occupation of the premises for at least two years prior to the death.

“The tenancy commences the day following the death of the tenant as recorded on the death certificate.”

In the event of death of the surviving partner or spouse where there is no partner, the following will apply: ) Where the remaining occupants are the minor children of the deceased tenant, the tenancy may be transferred to a legally appointed guardian, taking full responsibility for the tenancy until the eldest child reaches the age of 18. ) Where there are no minor children of the deceased tenant the tenancy may be transferred to a family member in occupation on condition that the person is part of the original family housed and living with the family for two years. ) If more than one family member is eligible for the tenancy, a recommendation by the local housing offices will be made in consultation with the family based on the family and tenancy history.

He added that the eldest person, who satisfies the eligibility criteria, will take preference as well as the employment status of the applicant at the time of application.

Unlawful

Commenting on the allegation, that the City treats residents poorly by issuing notices as soon as a loved one dies, Pophaim said the Public Housing Department is very respectful towards families where death has been reported.

“The Public Housing Department would not serve notices unless unlawful occupation has been reported,” he said. “There are instances where families have reported the death of a tenant and confirmed that the tenant was in sole occupation and handed in the keys.”

However, upon visiting and assessing for damages in preparation for allocation to the next qualifying applicant, it is often found that the unit is unlawfully occupied by a family member or someone from the neighbourhood, he claims. “In these instances notices will be served immediately,” said Pophaim.