Durban High Court Grants Cato Crest Residents an Interim Order Interdicting the eThekwini Municipality against Evictions

23 August 2013
Abahlali BaseMjondolo Press Statement

Durban High Court grants Cato Crest residents an interim order interdicting the eThekwini Municipality from Demolishing and Evicting them from their homes

On Tuesday 13 August 2013 the eThekwini Municipality demolished homes of shack dwellers in the Cato Crest land occupation. As usual these demolitions were not authorised by an order of the court. This is not just immoral. It is also illegal. The people who were left homeless after these evictions were iisolated from the current housing development in the area because the majority of them come from the Eastern Cape and have been labelled as tenants. This was also confirmed at the beginning of the year when Cato Crest residents were protesting and demanding houses. Nigel Gumede said that these are unknown people. He said that most of them come from the Eastern Cape and also called them as tenants. This is a very dangerous politic that is trying to weaken the poor by dividing us.

When the demolitions first started residents who were given houses were instructed to support the eviction of tenants and people from the Eastern Cape. The residents who were evicted responded by organising a new land occupation called Marikana. After the recent evictions people rebuilt their homes and then took the municipality to court. The Cato Crest residents know their rights due to their participation in the University of Abahlali baseMjondolo. They will not accept this situation. They will continue to resist the attacks from the Municipality.

The eThekwini Municipality often violates people’s rights and doesn’t even bother to respect the Constitution. Section 26 clearly says that evictions without a court order are unconstitutional. This Municipality thinks it is bigger than the law. It thinks that poor people don’t count to the law. It thinks that it can deny people from other provinces their rights as citizens. Our movement will continue to insist on the right to the cities and we will continue to insist that South African belongs to all who live in it.

Nkululeko Gwala was a vocal leader who challenged the act of the councillor and the mayor in the housing developments stating that there is corruption and that many people in the shacks in Cato Crest are not benefiting from the development. It will be remembered that three months ago Nkululeko was silenced by 12 bullets. Now people are being violated by the Municipality because it thinks that it can do whatever it likes now that Nkululeko is not in the picture and the people have been shown that resistance can result in death.

One of the greatest things that Nkululeko did when he was still alive is that he gave people in Cato Crest a home in struggle which is Abahlali. It is our duty to continue where he would have left off. It is our duty to refuse to be intimidated.

Yesterday, Thursday 23 August 2013, we took the Municipality to the Durban High Court to interdict the Municipality against demolishing the homes of Cato Crest residents or evicting them. The Municipality said that it will oppose our application. However we asked for an Interim Order which was granted.
Corruption, comradism, nepotism and the blatant denial of citizenship to some residents is the order of the day in this city.

For more information please contact:

Mkhaliseni Mzimela: Cato Crest Chairperson – 072 401 5974
Aaron Mthethwa: Cato Crest Secretary – 076 490 0865
Bandile Mdlalose – Abahlali BaseMjondolo General Secretary – 084 557 5090