landlord challenged over whites-only lease 
07 October 2007 
 
Bronwyn Ellen Gerber, 27, who is married to a South African Indian, said her lease agreement, after being approved by Stephen Thomas Evenwell of Dunmarsh Building in Warner Beach, was cancelled owing to the clause.

Gerber lodged a complaint with the SA Human Rights’ Commission, asking it to intervene on her behalf in the Equality Court.

She said she paid a R2000 deposit in June to rent the flat. In July, she signed a lease agreement, paid the monthly rental and was handed the keys.   “When I got home, I read the lease carefully for the first time and noticed clause 21 of the lease agreement, which states ‘the premises can be let for the occupation by members of the WHITE GROUP only’,” she said.

Gerber then met Evenwell and told him she was married to an Indian man.  “He and his wife informed us that they did not anticipate any problems, but that they would have to consult with the other tenants. If all the other tenants agreed for us to live in the flat, he would change clause 21.”

Evenwell later informed her that there had been objections and asked for the receipts, lease agreement and keys. He told her he would refund her money.  She and her husband challenged the decision, and Evenwell said he had revoked the agreement because she had provided an incorrect name, her maiden name.

In papers filed in the Equality Court this week, Evenwell agreed that the clause was outdated and had no place in the new South Africa.

“It is regrettable that the clause was not crossed out or removed from the lease agreement in its entirety,” he said.  The 74-year-old pensioner, who derives an income from renting out five apartments, denied he was a racist.  “I have never in any way conducted myself in a manner which could be constituted as racially offensive towards Gerber or her husband,” he said.

He said Gerber’s failure to identify herself to his satisfaction had been the reason for cancelling the agreement.   “I currently have two non-white tenants in the building with whom I have a very good relationship,” he said.
 
Taschica Pillay, www.thetimes.co.za