On Thursday, 24 October 2019, one of the members of Liberty Fighters Network (LFN) found a Pre-Termination Notice from the City of Johannesburg Metropolitan Municipality (COJ) informing her that the alleged owner of her suspected hijacked property has instructed COJ to terminate her electricity within 14 days.
Although we will be disputing this request, what is significant about this is that this is the first evidence that COJ is at last starting to warn occupiers of land that it would be terminating due to a request by the "owner" and not arbitrarily doing it without any notice.
Seemingly COJ has admitted that LFN is right after a series of complaints addressed to it and a current pending appeal in the Johannesburg High Court involving LFN as a party in the Little Rock Angels Pre-School case where LFN is contesting the practices of COJ to disconnect electricity and water to properties without notifying the occupiers first and giving them a reasonable opportunity to challenge such a request like in this latest matter.
LFN has also brought an end through the case of Nokwanda Oliphant a few months ago to the practice of evicting occupiers while an alleged lapsed appeal is pending where Magistrate Viana has clearly ruled that execution may only occur in such cases after the Court declared an appeal as having lapsed.
Previously many occupiers were evicted by the sheriff under such cases and now we are noting in practice that this has formally stopped and applicants are now approaching the Court first to obtain such declaratory relief before the clerk issues a warrant of ejectment.
LFN is holding its thumbs for another break through awaiting occupiers of land this coming week where it is currently well on its way to get Judge President Mlambo JP of the High Court Gauteng Division to confirm that eviction matters must be enrolled in the Magistrates Court and that the suspicious eviction applications constantly enrolled on the urgent Court roll of the Johannesburg High Court by attorney firms like Vermaak Marshall Wellbeloved Incorporated will soon come to an end.
"We at LFN are committed to bring an end to all forceful evictions and that is not negotiable." Reyno De Beer its leader said.