Isabel Florence’s hands trembled as she exited the Western Cape High Court - R1.5 million richer than when she entered.
|||Isabel Florence’s hands trembled as she exited the Western Cape High Court on Tuesday – R1.5 million richer than when she entered. But what she’s most grateful for is that now, after 18 years, a long struggle has ended.
“It’s been a helluva long time of sacrifice, struggle and heartache,” she said, just minutes after the Land Claims Court awarded her just over R1.5m in compensation.
This comes 42 years after the Florence family was forcefully removed from their property, “Sunny Croft” in Kromboom Road, Fraserdale Estate in Rondebosch.
The amount the family was given, however, is just half of what they were claiming.
They had asked for about R3m, as well as of R15 000 compensation for the family’s pain and suffering – of R15 000 .
Instead, Judge Zeenat Carelse awarded the Florences just shy of R1.5m, plus R10 000 for pain and suffering.
She made no order as to legal costs and the cost of a memorial plaque, which the family requested be erected on the 1 071m² Sunny Croft site.
The Florence’s home has since been demolished and replaced with a parking lot and part of the M5 highway.
“It’s not really all about money, but I’m happy that it’s come to an end,” said Florence, 69. “I hope to God my husband can rest in peace now.
“Me, I hardly sleep. Now that it’s over, at least tonight I know I’ll sleep.” But the family, including Florence’s four adult children Rodney, Nigel, Wayne and Jacqueline, will nevertheless meet with their Legal Resources Centre attorney, Henk Smith, on Wednesday to discuss whether to pursue an appeal.
The property initially belonged to Florence’s husband, Lionel, and his two brothers, Norman and Ronald.
The family lived there from December 1952, when they started renting the property.
On January 9, 1957, the three brothers bought the property from the then-landowner, Rueben Yeller.
They were forcefully removed in late 1970 under the Group Areas Act, and by then they had paid off R14 896 of the amount owed on she property, which at the time was estimated to be worth R31 778. Yeller, however, refunded them only R1 350.
Lionel Florence instituted a land claim in 1994 but died of organ failure three years ago before he could see restitution done.
His wife and children promised him that they would see the case through.
Rodney Florence made it clear that he was dissatisfied with the outcome. “It was very cold. We fought by my father’s side for 20 years, and after all that his name wasn’t even mentioned when they delivered the judgment,” he said.
Carelse found that the extent of the family’s loss in 1970 was the then-value of the property (R31 778) plus the R85 they paid for moving costs, less the R1 350 Yeller paid them.
This amounted to R30 513, the present-day value of which she calculated according to the Consumer Price Index.
Smith told the Cape Times he believed this was the incorrect approach and that the family should be entitled to an investment rate, which would mean a bigger payout.
They would not be able to buy a property equivalent to that of Sunny Croft with what they had been awarded.
But Carelse said in her judgment that just and equitable compensation did “not include recompense for lost investment opportunities”. - Cape Times
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