Marikana Land Occupation Wins Important Victory in Cape Town High Court

13 March 2014

Abahlali baseMjondolo Press Statement

Marikana Land Occupation Wins Important Victory in Cape Town High Court

Today, there was a landmark ruling for our comrades in the Marikana Land Occupation in Cape Town. It will help us and shack dwellers all over South Africa to stop the municipalities' relentless demolitions of poor people’s homes. These demolitions are unconstitutional, illegal and often violent.

We are living in the most challenging times, where Municipalities misuse their powers, as they have done when demolishing people's homes in Marikana settlement in Cape Town on the 28th of April and 02nd of May 2013. It becomes worrying because when this happens, us poor people have nowhere else to go.

Our structures which are our only homes and source of comfort, security, happiness and access to the cities, are destroyed by the Municipalities.

After months of demolitions and resistance in Marikana since May last year residents found some peace in their settlement. But then the torture began again on the 7th of January this year. The municipality's Anti-Land Invasion Unit (ALIU) demolished peoples’ homes again leaving them homeless and without an alternative accommodation.

However Abahlali baseMarikana were strong in their struggle and they were aware of their rights.  Their attempts to rebuild were rebuffed the following day when the ALIU demolished their homes once again. But this time they took the City to court. They approached the Legal Resources Centre (LRC) in Cape Town and with the support of the LRC they managed to challenge the City of Cape Town in the High Court.

Today a landmark judgement has been set by the Court. We were very much happy and excited with judge Gamble's progressive order requiring that the City of Cape Town not only stop destroying people's homes but that they must actually rebuild the homes they destroyed on the 7th and 8th of January.

Judge Gamble remarked that: "The City's operation seems to have been somewhat haphazard in that the evidence suggests both confusion and a degree of arbitrariness in the selection of targeted structures". He also made it clear that the city's actions were “unconstitutional and unlawful” because while the city accepted that "all of the structures demolished over the two days in question where complete" and had therefore been occupied, they still demolished the homes.

According to the ruling, no municipality has the right to decide what counts as a home, only the courts can do that.

The judgment, noting our rights as per the constitution, was a big victory for all of us. We have said for a long time the Municipality in Cape Town is violating the law and the Constitution. Today the court vindicated this position.

This ruling will not only help the residents of Marikana in Cape Town, but will also help the Marikana Land Occupation in Durban and help to protect thousands of shack dwellers throughout the country that have been forced to endure the violence and oppression of Anti-Land Invasion Units which rob us of our right to dignity.

We will continue our struggle in the streets, in the communities and in the courts. We will continue to democratise our cities and our country from below. We will continue to struggle to ensure that the social value of land is put before its commercial value.

We send our warmest greetings and congratulations to the comrades from the

Marikana Land Occupation in Cape Town. We also send our greetings and congratulations to the Legal Resources Centre in Cape Town.

For more information and comments from the Marikana Land Occupation in Cape Town please call:

Tumi – Marikana Land Occupation (Cape Town):  073 218 2410

Yolanda – Marikana Land Occupation (Cape Town): 073 036 6060

Bandile – Abahlali baseMjondolo General Secretary: 084 557 5090