Durban — The Organisation of Civic Rights (OCR) is seeking an order against a landlord who allegedly broke into a tenant’s flat and seized her furniture and money after she failed to pay rent in Burnwood Road, Sydenham, last week.
Tenant Sihle Ndwandwe told OCR that the landlord broke her lock and placed all her personal belongings in a van. The OCR assisted her in opening a criminal case at the Sydenham SAPS, leading to the arrest of the landlord. Details of the criminal proceedings in court have not been made available to the Daily News.
Ndwandwe further claimed that the landlord disconnected water and electricity in the building, randomly increased rentals and humiliated them.
Ndwandwe told the Daily News that she had told the landlord that she would pay the outstanding rental of R1 900 once she received her salary. Ndwandwe claimed that the landlord arrived with men carrying firearms and entered her room.
“She took my bed, fridge, TV and money belonging to my partner for his brother’s tombstone unveiling,” Ndwandwe claimed.
The landlord, who did not want to be named, told the Daily News that the occupants of the building were not tenants, because she does not have a signed lease from them. The landlord claimed that some tenants brought in others to share the room, which contributed to high water bills.
“Most of the tenants are not listed in my books. One person pays for the room and many more live with them. They are taking advantage of the fact that I am a woman trying to run a business. To allow the tenants to stay without paying for months since early this year is ridiculous. How can she have money in the room but cannot pay her rent?” the landlord said.
“They have the audacity to put me in jail for breaking and entering and stealing R10 000. Last weekend it was my birthday, yet I spent it in Sydenham police station. The prison cells are dirty and I stayed in those conditions over lies,” she said.
OCR chairperson Dr Sayed Iqbal Mohamed said: “We have noticed an increase in landlords using ‘bouncers’, mainly so-called foreigners, particularly in Albert Park and Overport. We have made a detailed submission to national justice ministry seeking changes to legislation so that this type of behaviour is criminalised. We condemn the unlawful actions, whether perpetrated by landlords or tenants.“
The legal co-ordinator of OCR and pro bono legal representative for the occupiers, Ismail Akoo, said it is distressing that this form of exploitation still exists in this day and age.
“The rights of the downtrodden should be respected and not be abused as has occurred in this instance. The occupiers rights are being trampled by the type of behaviour complained of and this is not acceptable. The occupiers are being treated as lesser beings.”
“Inasmuch as some of them may have defaulted with payment of the exorbitant rental charged, the owner of the building/s must follow the prescribed procedure and not take the law into their own hands. The occupiers rights are enshrined in our Constitution and the occupiers are further protected by legislation such as the PIE Act and the Rental Housing Act. The owners should not be permitted to circumvent these safeguards by resorting to illegal acts,” said Akoo.
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