The Herald

Bitter row erupts over demolition of shacks in Lusikisiki

Ingquza Hill Municipality has come under fire after it demolished hundreds of shacks in several informal settlements in Lusikisiki which it claims were built illegally on municipal land last week.
SHACKS Ingquza Hill Municipality has come under fire after it demolished hundreds of shacks in several informal settlements in Lusikisiki which it claims were built illegally on municipal land last week.Picture: SUPPLIED

A bitter war of words has erupted between hundreds of shack dwellers in Lusikisiki and the Ingquza Hill municipality.

This follows the council’s demolition of about 900 shacks in several informal settlements around the town’s CBD last week, despite a high court order.

During last week’s demolitions, the Dispatch was told at least 500 shacks in the Skiti informal settlement were destroyed, about 100 in Vukani and about 300 in Katilumlao, leaving hundreds, if not thousands, of people destitute.

But Ingquza Hill municipal manager Velile Makedama said in a statement that while the local authority acknowledged public concern about the demolition of “illegal structures erected on municipal land within Lusikisiki”, this was part of an ongoing process which started in the 2024/2025 financial year.

Ingquza Hill Municipality has come under fire after it demolished hundreds of shacks in several informal settlements in Lusikisiki which it claims were built illegally on municipal land last week. SUPPLIED
SHACKS Ingquza Hill Municipality has come under fire after it demolished hundreds of shacks in several informal settlements in Lusikisiki which it claims were built illegally on municipal land last week. SUPPLIEDPicture: SUPPLIED

“The structures in question were erected without municipal approval and in contravention of the applicable laws and legislation including municipal by-laws.

“The land is earmarked for development and other strategic opportunities, and continued unlawful occupation poses risks to public safety, health and planned service delivery.”

Makedama said the municipality had taken various steps including issuing notices to the occupiers, obtaining a court order authorising all necessary action including demolitions, and engaging with the affected groups.

Families at the Bompini informal settlement near the King Phalo Airport watched in despair as their homes were demolished, due to alleged illegal occupations, with police resorting to firing rubber bullets at angry residents. On Tuesday morning, the Agriculture Research Council (ARC) deployed security personnel to evict residents and demolish hundreds of homes, ranging from upmarket brick houses to shacks. ARC, which is said to have abandoned land it owns in the Fort Grey forest more than 30 years ago, is leading the evictions. Residents stood on the side of the road watching as the homes they had lived in for decades were destroyed. One woman, who did not want to be named, said she moved into the area in 1987 and had been living there with her family ever since. “We did not get any eviction notices or warnings,” she said. “Instead, we saw people forcefully entering our homes, demanding we be evicted so that they could demolish our homes. “Some of us are unemployed, so seeing what we have tried to work hard for, for our children, [razed] is heartbreaking.” The residents said they were aware of the matter being before court but had not received any warnings or notices regarding the evictions. Thiba Hute said he did not know where he would live now. “I have worked very hard to build my home. Seeing it being demolished and turned into rubble breaks my heart.” Some residents were too upset to express how they felt, while some elderly women collapsed from the shock of seeing their homes destroyed. It was reported in August that the council, which was granted an interdict against community expansion on farmland by the East London High Court in November 2024, had sought the services of the Red Ants to demolish houses. The ARC, through its lawyers, in June warned the community against the continued occupation, invasion, deforestation and erecting of structures on the farmland known as 1345. According to court papers, the council said it used the land for research purposes. The invaders were ordered to demolish their structures and vacate the land by February 26 2025. The ARC had previously run a hemp and orange plantation in the area in the 1950s, according to the residents. The community also shared a letter from the provincial department of agriculture, signed in 2007, confirming the land belonged to ARC and was used for research purposes. The letter further acknowledged that there were people occupying the land and instructed Buffalo City Metro to provide them with basic services. ARC spokesperson Joy Peter said: “Due process was followed and court orders were subsequently handed down in ARC’s favour. “The illegal occupants were subsequently granted until February 26 2025 to vacate the ARC farm. “This was not complied with, and the unlawful occupants continued to defy the court orders.” Advocate Zolani Madukuda, the legal representative of the occupiers, attempted to file a rescission order to challenge the ARC’s impending eviction, but the sheriff ignored it. “ARC knows the matter has not been finalised before court yet, as it is a subject of litigation,” Madukuda said. “We attempted to file an urgent stop order today, but the sheriff decided to ignore this, and carried on with the demolition.” Homes worth hundreds of thousands were reduced to nothing during the demolition. . Cries of despair and hopelessness hung in the air as the residents begged for a halt to the forced removals and demolitions. The residents were given time to remove some items from the houses. They managed to dismantle some aluminium doors but did not have enough time to dismantle the aluminium windows that looked brand new and were still covered in plastic. Buffalo City Metro spokesperson Bongani Fuzile said BCM had not been involved in the eviction or demolition process. “The activity is being undertaken by the landowner or its appointed representatives. “BCM has no role in this eviction operation. The municipality did not authorise the demolitions and is not participating in the execution of the evictions.” Fuzile said there were no municipal agreements permitting the settlement or development of the property. “Any action taken is therefore initiated by the legal landowner. “BCMM cannot confirm whether notices or court orders were issued, as the operation is not led by the municipality,” Fuzile said. He said that since the metro had not been involved in the evictions process, there had been no alternative relocation arrangements made for those evicted. “BCM continues to implement its human settlements and informal settlement upgrading strategy, which prioritises identifying suitable municipal land for future development, engaging landowners where settlements exist on external or national land, and preventing unsafe or unlawful occupations through community engagement and planning. “The municipality is committed to sustainable and legally compliant solutions that protect the rights and dignity of all residents.” Provincial police spokesperson Lieutenant-Colonel Siphokazi Mawisa said police were on the scene to uphold the law and monitor any criminal activities. “SAPS was approached by the office of the sheriff in possession of a court order to execute,” she said. “During the execution, the community members closed the road and burned tyres and wood. “Police members used rubber bullets to disperse the crowd of more than 100 people and one male suspect was arrested for public violence. “He will appear in the East London Magistrate’s Court soon.” Daily Dispatch

Now social media posts were circulating from people who appeared to have been displaced, he said.

“The municipality condemns the wrong narratives that were being pushed and labels them as a propaganda to undermine the legal process.

“The Ingquza Hill Local Municipality is committed to treating all residents with dignity and within the law.”

Everyone affected was urged to adhere to the rule of law and assist in vacating municipal land which they were occupying illegally, he said.

On Friday, after the shack dwellers brought an urgent court application against the municipality and Makedama, the Mthatha High Court interdicted the municipality and restrained it from demolishing the applicants’ homes pending the determination of the entire application.

Part A of the application is due to be heard on June 17.

Dingaan Myolwa, MK party election machinery regional convenor in the OR Tambo region, said more than 900 shacks had been demolished last week.

The former OR Tambo District Municipality mayor claimed the municipality had disregarded engagements with lawyers representing the shack dwellers and went ahead with demolitions despite receiving correspondence to suspend them.

He said hundreds, if not thousands, of people were now homeless.

Myolwa said the municipality had bused in about 120 people, who it was later alleged were prison inmates in Kokstad and other correctional services centres, to demolish the shacks.

Those shacks have been there since 1983. The same municipality that is now destroying them even went as far installing bulk services like electricity, water taps and toilets

The municipality had also proceeded with the demolitions despite the affected communities having lodged an appeal in the Supreme Court of Appeal in Bloemfontein.

“Those shacks have been there since 1983. The same municipality that is now destroying them even went as far installing bulk services like electricity, water taps and toilets.

“Now the municipal bosses are chasing people away without providing them with alternative land or place of accommodation,” Myolwa said.

He said some people had also lost all their possessions as they were at work when their shacks were dismantled.

The MKP was now planning a protest march to hand over a petition to the municipality on May 11.

MKP national spokesperson Nhlamulo Ndhlela condemned the municipality’s actions and accused municipal bosses of a “direct violation of the court order issued on Friday morning, which explicitly suspended such demolitions”.

He said the conduct of the municipal bosses was both unlawful and deeply irresponsible.

“The municipality has acted in defiance of the court order at a time when the validity of the demolition order was active.

“The matter is currently before the [Mthatha] high court where an appeal is pending.

“Basic principles of justice, fairness and respect for the rule of law demand that no irreversible steps be taken until the appeal court has delivered its judgment.

“Beyond the legal violations, the demolitions pose a serious and immediate risk to affected communities.

“The area in question is electrified and unco-ordinated demotion activities create a dangerous environment that threatens lives, not only for residents but also for anyone close to exposed infrastructure.”

Meanwhile, Makedama urged people to stop invading municipal land as this delayed development in Ingquza Hill.

Questions were sent to the municipality on Wednesday, but no response had been received by the time of publication on Thursday.

Daily Dispatch