http://www.themercury.co.za/index.php?fArticleId=4579195

Judge rules on threat to demolish shacks

August 27, 2008 Edition 2

Tania Broughton

RESIDENTS of a Durban informal settlement will sleep easy after securing a final Durban High Court interdict preventing city officials from demolishing their makeshift homes.

Yesterday’s order by Acting Judge Jerome Mnguni is being hailed as a victory for the shack dwellers.

While the matter centred on a narrow issue of “reasonable apprehension” of demolition, their attorney, Mahendra Chetty, of Durban’s Legal Resources Centre, said the ruling sent out a message that the rights of those living in informal settlements could not be trampled on.

It also placed an obligation on the municipality to communicate effectively with shack dwellers about its intentions.

The six residents were granted an interim interdict in January after they complained that officials from the Land Invasion Unit had destroyed four shacks in two separate incidents at the Annette Drive settlement.

They said the demolishers had warned that they would be back to tear down more dwellings.

In its papers before the court, the municipality admitted demolishing three “unoccupied” shacks as well as a half-built structure.

However, officials denied saying they would be back to demolish more.

In a written ruling yesterday, the judge said the sole issue to be determined was whether on the probabilities the unit did make the threat.

He referred to two letters written by the shack dwellers’ attorney to the municipality which “recorded the concerns and facts on the minds of the shack dwellers when faced with the conduct of the unit”.

The pattern of facts gave credence to the shack dwellers’ case, he said, and granted final relief with costs.

Judge rules on threat to demolish shacks

August 27, 2008 Edition 2

Tania Broughton

RESIDENTS of a Durban informal settlement will sleep easy after securing a final Durban High Court interdict preventing city officials from demolishing their makeshift homes.

Yesterday’s order by Acting Judge Jerome Mnguni is being hailed as a victory for the shack dwellers.

While the matter centred on a narrow issue of “reasonable apprehension” of demolition, their attorney, Mahendra Chetty, of Durban’s Legal Resources Centre, said the ruling sent out a message that the rights of those living in informal settlements could not be trampled on.

It also placed an obligation on the municipality to communicate effectively with shack dwellers about its intentions.

The six residents were granted an interim interdict in January after they complained that officials from the Land Invasion Unit had destroyed four shacks in two separate incidents at the Annette Drive settlement.

They said the demolishers had warned that they would be back to tear down more dwellings.

In its papers before the court, the municipality admitted demolishing three “unoccupied” shacks as well as a half-built structure.

However, officials denied saying they would be back to demolish more.

In a written ruling yesterday, the judge said the sole issue to be determined was whether on the probabilities the unit did make the threat.

He referred to two letters written by the shack dwellers’ attorney to the municipality which “recorded the concerns and facts on the minds of the shack dwellers when faced with the conduct of the unit”.

The pattern of facts gave credence to the shack dwellers’ case, he said, and granted final relief with costs.