The Dihlabeng Local Municipality has emerged victorious in a high-stakes legal battle regarding a property in Bakenpark Extension 3, Bethlehem.
A recent ruling by the Free State High Court, Bloemfontein declared the respondents, including Elias Khumalo and other unlawful occupiers, to be in illegal possession of the land, effectively ordering them to vacate the premises.
Acting Judge JF Hefer delivered the judgment after the matter was presented in court on October 31, 2024. The municipality initiated the proceedings following extensive observations that attributed the unlawful occupation to the actions of Khumalo, who allegedly erected a series of structures on the property without the requisite permissions. Initially claiming to have purchased the land from a deceased local councillor and to have received approval for construction, Khumalo's assertions were met with skepticism from the court.
Judge Hefer considered various factors, including the legitimacy of the municipality’s ownership and the lack of any formal eviction proceedings taken until recently. The municipality's case stated that Khumalo had occupied the site with structures in place since early 2023, despite local officials having previously issued warnings to vacate the property. Evidence presented indicated that entrepreneurial initiatives by Khumalo, aimed at transforming the property into a residential space, breached multiple building regulations.
The court’s order allows for a grace period of 120 days for Khumalo to apply for building plan approvals. Should he fail to comply, he will be required to vacate the property within an additional 21 days and dismantle the structures built on the site within 60 days thereafter. The municipality has also been granted the authority to demolish any remaining illegal constructions, should the need arise.
The court determined that while Khumalo's actions complicated the situation, the municipality had taken an inordinate amount of time to enforce its rights over the property.
