By Raahil Sain
27:07:2022

Hijacking of residential properties is on the increase in Pretoria-East. 

In the past, criminals hijacked many buildings in central Johannesburg. 

But now, syndicates are hijacking while homeowners are on holiday. 

A surge of hijacking apartment blocks has resulted in at least nine urgent court applications in the last month. 

Cape Town has also seen an increase in the hijacking of buildings. 

Speaking on Radio Islam International, corporate lawyer Dominique Steyn said the problem stems from legislation to deal with vacant land invasions.

Steyn said the government had not taken the necessary steps to amend the legislation, and SAPS refuses to get involved in instances of trespassing.

“It has resulted in a formation of an organised crime syndicate which is indulging in building hijacking.”

“They know that an owner of residential property has to utilise the current legislation called prevention of illegal eviction and unlawful occupation of a land act to get rid of them. It’s a lengthy process that has resulted in syndicates realising it’s a very healthy business model for them.”

“What they do is they will identify a residence which is vacant due to owners being on holiday, or they will identify an apartment block that has a few empty units and will invade that property and install their own tenants,” he said. 

Steyn said that while homeowners and commercial property owners scramble in court, organised syndicates enjoy rental income but are not paying expenses. 

Expenses remain the owner’s liability; the owner continues to pay water, lights, rates, and taxes. 

Steyn said that the syndicates are often armed and know the layout of the building. 

“They storm the building and overpower security. If there are lawful tenants in the building, they will tell them to pay them, not the owner. If the tenant refuses they simply kick them out,” Steyn said. 

He said local police should arrest people who continue trespassing. 

“Unfortunately, an internal directorate prevents them from doing this. They are insistent on the owner obtaining a court order authorising police in very specific terms to carry out this function otherwise they will not assist.”

Steyn said once the act of trespassing has passed, the owner needs to rely on the prevention of illegal eviction and unlawful occupation of the land act. 

“When this act applies, the police no longer have to do anything. You then have to go to a civil court, and you have to institute an application. The syndicate has the right to oppose the application, and the case can go to the SCA. So, it can be many years, and the owner does not have access to that building.”

He said syndicates even carry out a modus operandi in secure estates.

“They go and rent a house and simply from there take note of who is going away on holiday. They break into the house not to steal but to put tenants in there.”

“Organised syndicates bypass homeowner legislation for their benefit.

The government has not taken concrete steps to amend the legislation, and SAPS seems to be withdrawing, saying this is the property owners’ problem, and they do not want to get involved.”

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