It’s a question owners of hijacked properties ask their lawyers: If my building is illegally occupied, must I still pay rates and taxes?
Opposing eviction orders prolongs the legal process and allows hijackers to continue collecting rent, sometimes for several more years.
But when it comes to lights and water, there is an escape valve, provided the owner notifies the municipality that the building has been hijacked and demands that services be terminated. At that point, the municipality is at risk if it fails to disconnect water and lights.But this is South Africa, and things are never that simple …
Like many cases of illegal occupation in SA, this one floundered on the issue of temporary emergency accommodation .Buildings that were supposed to accommodate at-risk evictees have turned into permanent accommodation, as should have been predicted. The situation in Joburg is so bad that the Joburg High Court dismissed an application for the eviction of illegal occupants in two Doornfontein commercial buildings in 2023 on the grounds that the city had no alternative accommodation for them.
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