Craigpark residents Association and Alsilinx NPC resolve dispute over Scouthall at ERF 24, Craighall Park

13 October 2014

In August 2014, the South African Human Rights Commission (the SAHRC) received a complaint from Ms Lebohang Litha on her behalf and on behalf of Alsilinx NPC (the Complainant).

Alsilinx NPC entered into an agreement with the City of Joburg Property Company SOC LTD (the JPC) to lease Erf 24 Craighall (the Property). The lease agreement permits Alsilinx NPC to use the Property for community and early learning purposes and to make improvements to the property.

Despite the rights granted to the NPC in terms of the lease agreement to occupy the Property, Ms Litha has faced opposition from persons some of whom appear to be members of the Craigpark Residents’ Association (the CRA).  In addition she objected to a publication about the non-profit company in the Craigpark Resident’s newsletter and on Facebook.

The Complainant alleged that the opposition to her operation of the non-profit company is in violation of her rights to dignity, equality, privacy and property.

On 10 September 2014, the Commission engaged with Ms Litha, the JPC and the Craighall Residents Association. All parties engaged in a voluntary mediation, facilitated by the SAHRC.

The JPC undertook to provide additional security and signage in the disputed area. The CRA indicated its concern about the conduct of the alleged residents and apologised for the publication. It undertook to correct the article in a special edition of the CRA Newsletter and on the CRA Facebook page. Both parties undertook to work together and engage more closely in the future for the benefit of the community.

As a result, a settlement agreement was signed by the parties on 19 September 2014.