Western Cape High Court halts eviction of families for now

The Western Cape High Court has granted a temporary postponement of an eviction application against thirty-four families at Communicare NPC's Welverdiend complex in Rondebosch until August, a dispute which has been dragging on for eight years. Communicare, however, argues that the 70-year-old building requires structural repairs and has been deemed unsafe for its occupants.

In 2021, Communicare released an official statement, stating it wished to progress with a planned demolition and redevelopment of the ageing Welverdiend property in Rondebosch into 175 new affordable rental units (1 to 3 bedrooms).

It cited at the time that in October 2019, tenants were informed of the demolition due to failing infrastructure and offered alternative, suitable accommodation within Communicare's portfolio, at no extra cost, with relocation support provided. at the time fifty-nine tenants were successfully moved, mostly within a 10km radius of the Southern Suburbs.

Anti-eviction activist Colin Arendse, who released an official statement on the latest developments, said the Western Cape High Court, in an ex tempore ruling, postponed the eviction application concerning thirty-four families residing at the Welverdiend complex in Rondebosch to 25 August 2026.

“The Court heard submissions from the attorneys and counsel representing some of the affected victims, including Mr. Vernon Seymour of Lionel Cay Attorneys,” Arendse stated. “The Court noted that the matter is linked to an ongoing forensic investigation into the disposal of certain social housing assets formerly held by Communicare NPC, which are still under review.

“Counsel for Communicare, Advocate Lawrence, instructed by Toefy Attorneys, opposed the postponement. The Court dismissed the opposition and granted the temporary relief sought by the affected victims.

“This dispute has been ongoing since about 2018 following the transfer of some of Communicare’s social housing assets to Goodfind Properties Pty Ltd and others.

“The outcome of the current proceedings is subject to further determination by the Court. This ruling provides a temporary postponement of the eviction proceedings and does not constitute a final judgment on the merits of the case.”

In response, Communicare reiterated that the building is in a poor structural state and that alternative accommodation was provided for tenants, some of whom have already relocated.

“The eviction application before the court relates to a property that is in dire need of considerable structural repair,” it said to Cape Argus.

“Communicare previously informed the occupants at the Welverdiend complex of this and the need to relocate, offering all occupants the chance to move to its other properties at the same rental rates, with Communicare covering the cost of relocation.

"The majority of tenants relocated to Communicare properties fewer than 10km away in Newlands (2.5km), Upper Wynberg (5km), Brooklyn (9.6km), and Diep River (10.9km).”

Communicare added the need for repair was independently confirmed by a structural engineer commissioned by the South African Human Rights Commission, and it is astounding that the judge chose to disregard the safety of the building’s occupants.

At the time, in 2021, Communicare had to get an independent heritage impact assessment (HIA) done before it could get demolition approval because the building is more than 60 years old.

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Cape Argus