Housing Crisis: Disabled son and mother's eviction sparks rights debate

A quadriplegic man with cerebral palsy and his mother are set to be evicted from their Ruyterwacht home on Friday, with residents calling the move unfair and inhumane.

Marcellino Ernstzen, 39, and his mother Charlene Phipps are being evicted after Communicare secured a court order against them over arrears of more than R400,000.

Court papers seen by the Cape Argus confirm that the Goodwood Magistrate’s Court granted an eviction order against Phipps and other occupants of 52 Batavia Street, ordering them to vacate by February 28. If they failed to do so, the sheriff was authorised to evict them on March 7.

Ruyterwacht Concerned Residents Association spokesperson, Abdud-Dayaan Keown, said the decision ignored the medical needs of Ernstzen and placed him at risk.

“The eviction follows Communicare’s decision to switch from social housing rental rates to market-related prices, a move that residents claim violates their original lease agreements,” Keown said.

“This policy change directly led to the Ernstzen family’s eviction. Communicare, which claims to be a social enterprise, is prioritising profit over people, particularly the most vulnerable.”

A local disability rights activist, who asked not to be named, said the case highlighted gaps in legal protections for disabled individuals.

Keown said the association is calling for an investigation into the eviction and stronger housing protections for people with disabilities.

Communicare said it had made several attempts to resolve the matter over the past seven years and had even offered alternative housing.

“This case was before the court for more than seven years due to arrears that had already mounted by 2017,” the company said.

“In 2019, at a mediation session convened by the Rental Housing Tribunal, we offered the tenant and her dependent a more affordable apartment, but she declined.”

The company said the courts postponed the case multiple times to accommodate Phipps’ legal team and that the Department of Social Development had offered Ernstzen a place at a suitable facility, but the family rejected the offer.

“At the last hearing, the court advised Ms Phipps and her legal representatives to reach an agreement with Communicare on settling the matter. As a result, an agreement was reached, allowing Ms Phipps seven months to find alternative accommodation. The court order was granted by mutual agreement on 31 July 2024, requiring the tenant to vacate by 28 February 2025.”

The eviction is set to proceed on Friday.

Cape Argus