On 17 February 2015, the Land Claims Court granted an eviction order against the illegal occupiers to vacate the housing facilities on the farm by no later than 15 July 2015.
The eviction order also instructed the Municipality to provide temporary or emergency accommodation for the evictees prior to the eviction date. Although not a precondition to the execution of the eviction order, and in an effort to assist the evictees and the Municipality in securing the alternative accommodation, Capespan voluntarily granted an extension of the eviction date for one year, to 30 July 2016, which was later extended to 30 September 2016.
During this period, Capespan contracted and funded the services of an independent consultant to liaise between the evictees, the Municipality and other provincial and national government bodies, to try to secure alternative accommodation for the evictees. Capespan also liaised with the evictees and other farmers in the area, as well as with the Municipality, to assist in the relocation process.
Notwithstanding Capespan’s efforts and the extension of the eviction date for more than a year, the parties have, to date, not secured temporary or emergency accommodation for the evictees, as ordered by the court.
Capespan has gone beyond reasonable humanitarian expectations to assist and accommodate the evictees.
Capespan however also has a moral and legal obligation to its full time employees to provide them with adequate housing on the farm, something that it cannot do whilst the housing facilities are being illegally occupied. The farm operates as an exporter of world-class fruit to its international customers and is committed to the wellbeing of its employees and the creation of good working conditions.
Capespan therefore had no other alternative than to proceed to execute the eviction order on the deadline date of 30 September 2016.
At the eleventh hour the evictees requested Capespan to extend the execution of the eviction order for a period of two months, until 2 December 2016, in order for them to bring an application in the Land Claims Court to compel the Municipality to provide them with emergency or temporary accommodation.