On Thursday, 16 May 2019, a group, consisting out of an estimated 72 black children, disabled, elderly and women, was evicted by the Sheriff of Johannesburg South, Mr. DH Greyling, assisted by the Red Ants from a residential building called Elvon Court in the Johannesburg CBD.
This group represented by the social justice NGO, Liberty Fighters Network (LFN), had an Application for Leave to Appeal pending with the Supreme Court of Appeal which would have in law suspended the execution of the eviction.
However, it turned out that the Registrar of the Supreme Court of Appeal, Mr. Paul Myburgh, had mysteriously sent back the application around 26 March 2019 by registered mail without any notification citing obscure reasons where it turned out that the parcel was never received due to the fact that the sender from the SCA has never put the full address on the envelope only marked to “Tenants Association 1 to 16 Applicants, Rosettenville, 2001” which would never have reached its actual recipients.
It is reported that Myburgh in fact indicated that the Leave Application was sent to the registry of the SCA to be issued, after having checked the application for compliance. The actual reason for the sudden return of documents is highly questionable.
Strangely after realising what he did, Myburgh quickly issued the Leave Application on Thursday after the eviction based on exactly the same papers he returned before without any notification to LFN.
After Reyno De Beer, the President of LFN, attempted to reinstate the evicted group by having lodged an urgent Spoliation Application in the High Court Gauteng Division Pretoria on Friday evening, Justice Mabuse did not find it important enough to hear the matter then and postponed it to Monday 11h30 leaving this evicted group homeless for the weekend.
In a clearly biased 3 minute hearing on z Monday morning not caring to listen to any arguments, Justice Mabuse struck the application from the roll with costs, due to his obscure reason that the there was no index to the papers where the landowner, KMW Investments represented by the famous eviction lawyer Greg Vermaak & Partners Inc, only delivered its answering papers 15 minutes before the hearing making it logically impossible to have filed an index which in any event could have been excused due to the extreme urgency of this matter, according to De Beer.
Yesterday Tuesday 21 May 2019, Myburgh suddenly came forward with the parcel tracking number, after it was not available before and after LFN made queries about it with the SA Post Office in Rosettenville, the package turned out to have been undeliverable due to the address not complete.
De Beer says that he is sure from evidence in his possession that Myburgh was grossly negligent and mala fide and that the series of unfortunate events plaguing the Elvon Court matter from the beginning when Justice Mokose granted an eviction order in the absence of the 16 occupier respondents giving them only 1 day to vacate during October 2018, have now become highly suspicious deserving a full fletched criminal investigation.
De Beer has reported the conduct of Myburgh to the office of the Minister of Justice and Correctional Services yesterday, where its Head of Staff, Ms. Corlia Kok, immediately took remedial action and requested numerous officials from different departments to attend to this serious complaint.
It is not clear as yet whether any corrective action has been implemented against Myburgh, but De Beer is expecting feedback on this matter this morning.
“We are holding Myburgh responsible for all damages and emotional trauma suffered by all these innocent victims who all have been failed by our Courts and the Constitution” says De Beer.
Many of the evicted occupiers have still not found temporary shelter still camping outside the building where LFN now anticipates lodging an urgent application against the Minister to supply shelter to all occupiers and to provide emergency relief pending a proper investigation into the actions of Myburgh.
[By publishing date no action was taken against Myburgh or any other person involved]