By Charmaine Ndlela
eThekwini mayor Cyril Xaba has called for the establishment of special courts to deal with land invasions and hijacked properties, in a move aimed at strengthening the fight against property-related crime.
Xaba has formally approached Justice Minister Mamoloko Kubayi to consider the proposal, with the minister agreeing to meet and discuss the matter further.
The mayor has also instructed the city manager to assemble a team to develop a consolidated proposal for submission to the ministry.
According to Xaba, the proposal is driven by growing frustration among property owners who struggle to reclaim their land and buildings once they have been taken over by criminal syndicates.
“This process requires court supervision, which does not come cheap. In many townships and suburbs, properties are still registered in the names of original owners who are now deceased. The problem is compounded by the fact that many did not leave wills, which further complicates the transfer of ownership,” said Xaba.
He said criminal syndicates often exploit these gaps, hijacking properties and unlawfully collecting rent from tenants, while rightful owners face financial barriers in accessing legal remedies.
“I strongly believe that special courts can ameliorate the situation and make the administration of justice more accessible, similar to municipal courts that deal with traffic violations and commercial courts,” he said.
As part of efforts to address the issue, the municipality has introduced a Deceased Estate Debt Write-Off Programme, through which more than R500 million owed by deceased estates has already been written off.
“We introduced this programme because it was difficult to collect rates from properties registered under deceased estates,” said Xaba.
The policy applies to properties valued below R1 million, provided the deceased estate had been in existence for at least 24 months at the time of the policy’s approval in August 2024. Families are also required to agree on a responsible party to manage municipal accounts to prevent further debt accumulation.
Xaba said the creation of specialised courts would go a long way in protecting property owners, improving access to justice, and ensuring that those behind illegal land invasions and property hijackings are held accountable.
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