Hijacked properties: What are your options? 

Hijacked properties in Johannesburg have been making headlines more and more often, with Bryanston becoming another area that was recently affected.

Mike Ngomane, Senior Attorney at M Ngomane Attorneys, says evicting people is not as simple as it used to be.

"In the past, you just had to prove ownership, that you are the owner of the property and that the occupant is unlawful, and the court would easily give you an eviction order."

Ngomane says a recent Constitutional Court ruling means the owner now has to obtain proof that there is no risk of homelessness for the occupants if they are evicted. If there is a risk of homelessness, the municipality must provide alternative accommodation.

"You can imagine how much the courts are inundated with eviction applications, and the resources are simply not enough from the municipalities' side to provide alternative accommodation."

Ngomane says to get a hijacker arrested, concrete evidence of breaking and entering is needed – as well as witnesses, and proof of fraud if rent is being collected.

To complicate matters, in some cases many occupants are unaware that the property has been hijacked, and they believe the person collecting their rent is the legal owner.

To listen to Mike Ngomane in conversation with 702's John Perlman, use the audio player below: