Victory for the Poor: The High Court rules in our favour

20 October 2025
Abahlali baseMjondolo Press Statement

Victory for the Poor: The High Court rules in our favour

On Friday the High Court in Pietermaritzburg delivered a landmark judgment in favour of Abahlali baseMjondolo, ruling that the KwaDukuza Municipality can only evict our members from ERF 1410 Shakas Head if certain conditions are met. The court has directed that the eviction be suspended pending an order that it is satisfied that the eviction will be just and equitable.

There were two draft orders before the court, one drafted by our lawyers and the other by the municipality’s lawyers. The court ruled in favour of our order.

The municipality is required to meet a number of conditions, including providing basic services such as roads, sanitation, waste removal, water, and temporary electricity; demarcating stands for each household; relocating our members to a suitable area with access to schools, healthcare, and transport; providing transport and building materials; and engaging with our members and relevant government departments. Importantly, the municipality must also report to the court on the steps it has taken to meet these conditions before any eviction can proceed.

The judgment means that either the municipality cannot move ahead to evict or it must meet the demands that the community developed to accept moving to a new site. Either way this is a victory.

This judgment is a testament to the power of collective action and the importance of standing up to the arrogant leadership of the municipality, who continue to use taxpayers’ money to take us to court instead of using it to develop the people. It is a reminder that the poor and marginalised are not alone in this struggle, and that we will not be silenced or intimidated.

We commend the court for its courageous and just decision, and we call on the KwaDukuza Municipality to respect the ruling and to work with us to ensure that the rights of our members are protected. We will continue to mobilise and organise to ensure that the municipality complies with the court’s order and that our members are treated with dignity and respect.

This judgement is a landmark as it will ensure that the rich do not treat the poor like trash that needs to be removed into human dumping areas without any infrastructure or services. It recognises that human beings must be treated with dignity no matter their social conditions.

We were displaced by colonialism and denied the right to live in the cities by apartheid regime. Our place in society has not been recognised by the elite and this government and the rich are actively trying to prevent us from living near the new nodes of wealth and power in the gated communities, office parks, malls and hospitals along the North Coast of KwaZulu-Natal

We will continue to fight for our dignity and equality in the streets and in courts. For 20 years we have been calling for access to land, decent housing and dignity for the poor. We will continue to fight for our recognition.

We note that the municipality has issued a statement claiming that they won in court. They did not. They were denied what they asked for while we were granted what we asked for. Their statement implies that they now have the right to move to evict. They do not.

The struggle continues!
Resist evictions!
Land, wealth and power must be shared!
Solidarity forever!

Thapelo Mohapi 084 576 5117
Snenhlanhla Mcanyana 073 832 3331