City spotlight on unlawful occupation of Council flats

17 July 2022

The City of Cape Town’s Public Housing Department has been looking at the detrimental issue of unlawful occupation in the City’s affordable rental housing units and is seeing how to assist to regularise the tenancy of those who are eligible. The unlawful occupation of the Community Residential Units (CRUs) takes away opportunities from the rightful and registered applicants who patiently await their turn to be assisted with rental housing; it continues a system of informality as unlawful occupiers do not have legal contracts with the city and therefore do not pay rent, the latter which is used for maintenance of CRUs. It increases the risks of crime, gangsterism and drug peddling as the unlawful occupants are not vetted by the City and it prevents debt management as the occupants are not the rightful tenants.

Therefore, the City issued notices to unlawful occupants in its CRUs across the metro over recent months. On Friday, 15 July 2022, the City’s Mayoral Committee Member for Human Settlements, Councillor Malusi Booi engaged with the CRU residents, including residents of Manenberg and Bishop Lavis and offered advice and support to those who could be considered for regularisation.

The City remains committed to assisting all lawful tenants in City owned units across the metro.

The City found that many residents who are unlawfully occupying units are either not registered on the City’s Housing Needs Register or have very recent application dates, which is not fair to those who have been registered for a long time. This effectively takes away opportunities from applicants who have followed the correct procedure of registering on the housing database and who are waiting patiently to be assisted.

‘We have engaged with the residents in Manenberg and Bishop Lavis and we continue to encourage those who need assistance to approach us.

‘It is important to note that every effort is made to consider those found in unlawful occupation of a City unit for regularisation, against the set criteria in terms of the reviewed City’s Allocation Policy. The notice to vacate a City unit is the last resort, and is only served once all options have been explored and applied.

‘A total of 1113 cases are currently being reviewed and thus far, approximately 222 cases have been identified for regularisation,’ said Councillor Malusi Booi.

An unlawful occupant refers to a person who in relation to the City’s rental housing stock, is not a family member listed on the City’s tenant family form and who:

• Has moved into a vacant dwelling without the City’s authorisation;

• Has forced the tenant out of his/her dwelling, or;

• Has been left behind by a vacating tenant or when the tenant died.

Qualifying criteria include:

• Must be registered on the City’s Housing Needs Register

• Monthly household income must not exceed R15 000

• The prospective tenant and family must personally occupy the premises

• Neither the prospective tenant nor his/her spouse/partner must be current property owners

(a) Have no proven record of anti-social behaviour; and

(b) Has been living with the tenant for an unbroken period of at least two years prior to the death of the tenant/tenant vacating or relinquishing the tenancy. The proof of stay provided must not be older than five years prior to the death of the tenant/tenant vacating or relinquishing the tenancy.

Contact us and make an appointment:

Members of the public may contact the City’s Human Settlements Directorate by phoning the Call Centre on 021 444 0333 or sending a message via WhatsApp to 063 299 9927.

Our housing offices are open on weekdays from 08:00 to 15:00.

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Published by:
City of Cape Town, Media Office