A nurse who refuses to move out of Durban’s Inkosi Albert Luthuli Central Hospital residential village, where she has lived in a three-bedroom duplex for more than nine years, faces eviction if she doesn’t leave by the end of August.
The provincial Department of Health has been authorised to evict nursing sister Phindile Sibiya and to reclaim the outstanding amount owed in unpaid rental tariffs. The KZN HIgh Court (Durban) has also ordered Sibiya to pay the costs of the court action against her.
TimesLIVE reports that as a state hospital employee, Sibiya qualified for housing within the government-owned residential village.
The duplexes within the village, however, are reserved for temporary use of newly transferred staff awaiting other accommodation in Durban, and visiting exchange doctors from overseas.
The court noted that occasionally, the duplexes may be offered to hospital staff.
“When this occurs, the period of accommodation is restricted as it is intended, primarily, to be short-term accommodation not exceeding six months, with a monthly rent of R1 500.”
Employees allocated a duplex must sign a lease stipulating the duration of their occupation.
Sibiya initially took up accommodation in the village in August 2005, and under her original lease, was allocated a R900 per month en-suite unit – with the arrangement being long-term.
But after eight years, she made a written request for permission to move into a duplex.
“Reasons centred largely on social issues concerning her niece,” the court said, noting that Sibiya had offered to pay extra for the duplex accommodation, claiming the arrangement would be temporary until she bought her own property.
She moved into the duplex in October 2013, and though there was no written lease in place, there was an oral agreement she would vacate the property within six months, on or before 31 March 2014.
When Sibiya failed to move out as agreed, she was given written notice in August 2015 to vacate the unit before 31 October 2015, and advised that the en-suite unit she had previously occupied was available for her to move back into – so she would not be left homeless.
But Sibiya ignored the demands and continues to occupy the duplex, paying only R900 per month instead of the full R1 500. As part of her R35 000 monthly salary, she receives a R1 336.32 housing allowance.
“Due to some anomaly, a maximum amount of R900 per month may be deducted from an employee’s salary in respect of accommodation provided. There is thus a shortfall each month of some R600,” the court said.
In documents before court, Sibiya signed an oath explaining her history of accommodation at the hospital residential village.
“The respondent merely lists a litany of social troubles that occasioned her to initially acquire accommodation in the village. She has made no attempt to set out any legal basis for her continued occupation of the duplex, given that her six-month occupation of this expired more than nine years ago,” the court said.
It found she had no right to remain in the duplex and that the Health Department had “contributed to its own misfortune” by not taking proper steps against staff who fail to comply with accommodation agreements.
“Given that there is immediate accommodation available to her within the village…it is reasonable to afford her a brief period within which to plan her move… and vacate the duplex within 14 days of this order,” ruled the court.
Should Sibiya fail to comply, the sheriff is authorised to evict her from the duplex. She was ordered to pay all costs of the action.
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