An unemployed Western Cape woman who owes her landlord R50,000 in rent and refuses to leave his property has been given three months to find alternative living arrangements.
Charlene Megan Van Wyk has been renting a home in Durbanville, Cape Town, owned by Peter John Buttner.
Van Wyk began renting the property in May 2016, and on June 30, 2023, Buttner terminated the contract after she skipped several months of payments.
She was supposed to depart the property on July 1, 2023, but she refused and failed to pay the R7,700 monthly rent.
When Buttner approached the Western Cape High Court in late July 2023, Van Wyk had already inhabited the property for six months without paying rent, effectively owing over R50,000.
Buttner requested an order granting Van Wyk and her 11-year-old son one month to evacuate the property.
Van Wyk, who represented herself in court, said that evicting her would be unfair because none of her siblings were ready to help her and her mother resided far away in the Northern Cape.
Van Wyk claimed to be a sickly elderly woman while being 47 years old.
Furthermore, she stated that her son was in Grade 6 and attended a school close to the home, and that transferring would upset him.
When the case was tried in August 2024, Van Wyk had been living in the property for at least 19 months without pay.
Acting Judge Paul Farlam stated that Van Wyk has been on the land illegally for more than a year, depriving Buttner of revenue while incurring levies and utility fees.
The judge stated that Van Wyk wants the court to evaluate her allegations, but she did not specify how many siblings she has, where they live, or their financial situation.
She described herself as a sick elderly woman despite the fact that she is 47 years old, and she made imprecise comments about her medical condition without providing any proof.
She also omitted to divulge her financial situation and whether or if her son’s father helps to his upkeep, and if so, how much he pays.
“Van Wyk’s explanation as to why she did not complete the City of Cape Town’s housing questionnaire was also unsatisfactory,” according to the court.
Judge Farlam stated that if Van Wyk lived alone, he would have ordered her to leave the property within a month, but he must consider her son and the potential harm he may suffer if they move abruptly.
He stated it would be reasonable to give Van Wyk until December 17, 2024 to abandon the property.
If Van Wyk fails to depart on the specified day, a sheriff will have to force her to leave on December 19, 2024.
