Caretaker Agreements & Affidavits for vacant properties & Affidavits for Trespassing Charges

With the land invasions in Olievenhoutbosch, vacant properties were the primary focus for the initial invasions. Since many of these areas were privately owned (as opposed to those with Eskom servitudes) a lot of resources were unnecessarily expended and time wasted in attempting to contact these landowners, many of whom were resident elsewhere.

Based on knowledge shared with our various SSFs, Plot and Farm Watches by OBSF S1 (Mnandi CPF), and the admirable manner in which they have addressed these land invasions, we urge landowners and residents neighbouring vacant properties to draft a Caretaker Affidavit in the manner and form similar to the one attached hereto and retain these on record should any urgent interdicts need to be filed.

Such an affidavit will allow the “Caretaker” to submit an affidavit in support of any interdict in respect of these vacant properties against actual or prospective land invaders and trespassers and file appropriate criminal charges. It will also allow these persons the authority to file criminal charges for other environmental crimes. Of course, the actual landowner is responsible for any legal fees incurred in doing so.

If you are comfortable doing so, please send a scanned copy thereof to the relevant SSF, Plot Watch or Farm Watch or other appropriate community safety forum.

SAPS Case needs to be opened within 48hours.

As soon as land invasion is spotted.

1. Get owner to open a trespassing case. If the owner is absent ensure a Caretaker agreement is in place.

2. Submit proof of private property boards on the affected land (take pictures of private property boards on the invaded land or when initially placed in case they are removed).

3. The Statement must reflect the exact property as it is shown on title deed

4. In the statement the owner or Caretaker needs to say he/she did say to the land invaders they are on private property and that they must leave.

Step 1) The landowner or caretaker need to open a case for trespassing with SAPS Erasmia. This involves providing a written affidavit and waiting for your official SAPS case number. INSIST ON A CASE NUMBER EVEN IF SAPS IS UNWILLING TO PROVIDE ONE.

Step 2) Report your specific land invasion to TMPD on 012 358 7095/6 and provide your SAPS case number and obtain a reference number.

Every landowner has to formally set up the local relationship (custodianship / caretaker), including documentary proof, for every property to enable the initial trespassing affidavit.

This is why it is imperative that all open land be identified and ownership be contactable. Efforts to create a comprehensive ownership list have been a CPF priority.

5. Call the land invasion unit with case number and pray they come and help.

The 48hrs is key it takes away the squatting rights and relocation option they will demand.

If they are not evicted by Tshwane land invasion you can call Greg Vermaak the lawyer to apply for an urgent interdict like we did. It is quite bullet proof and was tested in High court a few times by EFF and they were unsuccessful.

CPF (Olievenhoutbosch) OB Sub 1

MS Word: Caretaker Appointment Affidavit

PDF Version: Caretaker Appointment Affidavit

MS Word: Caretaker Statement when filing trespassing charges

PDF Version: Caretaker Statement when filing trespassing charges

MS Word: Owner Affidavit when filing trespassing charges

PDF Version: Owner Affidavit when filing trespassing charges

MS Word: Owner Affidavit when filing trespassing charges (Crocodile River Reserve)

PDF Version: Owner Affidavit when filing trespassing charges (Crocodile River Reserve)