Setting the facts straight

ABAHLALI BASEMJONDOLO
KENNEDY ROAD DEVELOPMENT COMMITTEE
PO BOX 26
UMGENI ROAD
DURBAN 4098

PRESS RELEASE

Tuesday, 28 February 2006

(Durban) After winning a high court interdict against the eThekwini
Municipality and the South African Police Service, the Abahlali
baseMjondolo, the Shackdwellers' Movement feels the need to set the facts
straight about yesterday's march. The judgement proves that march was, and
always had been, legal. The police and municipality were in violation of the
law in preventing the march, and from obstructing its participants. The
injunction vindicated Durban's shackdwellers, and indicted the local

authorities. The authorities, in particular the municipal manager Dr Mike
Sutcliffe, rather than learning their lesson, have lashed out in the media
against Durban's poorest people.

"Having lost his case in court, it seems as if eThekwini Municipal manager
Dr Sutcliffe feels he can claw back some dignity in the press, though a
campaign of defamation, misrepresentation and lies," said S'bu Zikode,
Chairperson of the Abahlali. "The fact remains that Dr Sutcliffe has
consistently broken the law, and that the South African Police Service have
enforced his orders, jailing and beating the city's poorest residents for
exercising their constitutional rights to free speech."

Explaining the Regulation of Gatherings Act (Act No. 205 of 1993), Na'eem
Jeenah of the Freedom of Expression Institute's Anti-Censorship programme
said this: "the convenors of a march need to notify the local authorities of
their intention to march not more than seven days before the proposed event.
If the responsible police officer decides that negotiations are necessary,
s/he may arrange a meeting between the convenors of the event and
representatives of various public bodies, including local authorities."

"The most important thing is this: if the convenors have not been called to
a meeting within 24 hours of their having given notification, then the
gathering may take place. In other words, once the appropriate authorities
have been notified, there's no automatic need for a permit or anything else.
It's up for the authorities to decide whether to hold a meeting, and if so,
to let the appropriate people know," Jeenah emphasised. "The only conditions
under which a gathering may be prohibited is either if notice is given less
than 48 hours before the gathering is due to take place or "credible
information on oath is brought to the attention of a responsible officer
that there is a threat" to security. In the second instance, the officer
must then consult with the convenors and only if conditions cannot be put
into place to prevent such threat, may the march be prohibited. Such
prohibition must be conveyed to the convenors in writing."

"But what they've been doing is not contacting us at all, and then banning
the march at the last minute. It is clearly outside the terms of the law."
said S'bu Zikode. "In the past, we have marched many times, successfully,
and legally. There have been no cases of violence or intimidation by the
Abahlali. Unlike the police, our people are disciplined."

Attempts to get clarity around the status of marches have been frustrated by
the municipality's offices. Repeated attempts by Abahlali to contact the
City for confirmation met with no reply. The City called only one meeting,
to claim incorrectly that the Abahlali were not permitted a march, only a
rally. The Freedom of Expression institute have documented this litany of
obstructionism by the City (appendix A & B).

Dr. Richard Ballard, a research fellow at the Centre for Civil Society was
an observer at the Foreman Road informal settlement yesterday, where Supt
Glen Nayager and members of the Sydenham Police Station were charging into
the informal settlements and beating protesters.

"At the time when people were being arrested, I phoned Mike Sutcliffe's
secretary at least three times to find out the legal status of the march – I
was told that he was at a breakfast. I was given two other department
numbers to try, which all led to voicemail. Messages urgently to return my
calls were ignored," said Dr Ballard.

With the assurance from the City manager that their actions are legal, the
South African Police Service have assaulted and beaten shackdwellers,
targeting the leadership and arresting them in their homes. The police have
also intimidated and suppressed the media. The Mercury's Carvin Goldstone
has an outstanding complaint against Spt. Glen Nayager for intimidation, and
Nayager also illegally confiscated the camera of Raj Patel of the Centre for
Civil Society, which has been brought to the attention of the office of the
Public Protector.

The government's behaviour towards the shackdwellers, towards South Africa's
poorest people, is an indication of their growing contempt for all citizens.
When poor people bring their concerns to the city, the municipality remains
mute. No "yes", no "no". They keep people in limbo. It keeps people hoping,
it prevents people from taking further action against the city. And, in the
case of these marches, when the "No" comes minutes before the start of the
march, the high court has shown this to be illegal.

"I very much hope the punitive costs against the city, which will be
discussed on 13th March, will encourage Sutcliffe to stop wasting everyone's
time and money," said Zikode. "The City manager complains that freedom of
speech is expensive for the city. But this is wrong for three reasons.
First, Abahlali marches take place during office hours, while Zuma protests
and the A1 grand prix are much more expensive. Second, we don't know the
costs to the SAPS, because Sutcliffe won't tell us the figures. Third, even
though they were marching legally, our members are being made to appear in
court to answer charges that will be dismissed, wasting their and court
time. And finally, it's vicious and cruel to say to us 'you can either have
free speech or toilets' when, in fact, we have rights to both and the city
gives us neither."

Although yesterday marked the first time the Abahlali baseMjondolo had taken
their grievances to the high court, it wasn't the first time that the City
had behaved unconstitutionally towards them. Last year, the world's top
constitution scholars were in Durban in November 2005, when Dr Sutcliffe
illegally banned an Abahlali march. The scholars denounced his behaviour in
a petition (appendix C).

This track record of criminality and illegal behaviour towards the poorest
people in Durban must stop. Dr Sutcliffe is responsible, and as such must be
regarded as a criminal, an autocrat, and unfit to be the Manager of our
city. He must resign.

For more information, please contact:
Na'eem Jeenah (FXI Anti-censorship programme) – 084 574 2674.
S'bu Zikode (Abahlali Base Mjondolo) – 083 547 0474.
Richard Ballard (Centre for Civil Society) – 083 789 7108.