Abahlali baseMjondolo Files for Leave to Appeal Judge Shabalala’s Judgment in the Slums Act Case

16 February 2009
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo Files for Leave to Appeal Judge Shabalala’s Judgment in the Slums Act Case

Today Abahlali baseMjondolo has filed papers indicating that we intend to apply for leave to appeal against the whole of Judge Vuka Shabalala’s judgment on our application to have the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act of 2007 declared unconstitutional. Our application for leave to appeal is online at http://abahlali.org/node/3680/

This move has been taken after KwaZulu-Natal Judge President Vuka Shabalala dismissed the application made by Abahlali in the Durban High Court on the 27th January 2009. Abahlali had accepted the judgement stating that we will abide by the judicial process due to our confidence that it will, in the end, protect the rights of shacks dwellers to cities. However Abahlali did vow that it would appeal the judgement to the Supreme Court of Appeal and the, if necessary, take it to the Constitutional Court.

While debating Zodwa Nsibande, Abahlali General Secretary, on SAFM the MEC for Local Government and Traditional affairs, Mr Mike Mabuyakhulu, said that his Department was happy with the judgement but did not have any pride in it. He said that they were humble in victory and that they were going to meet with the leaders of the movement to discuss the way forward. But he has not come.

This broken promise comes after several broken promises from his office that his Department is prepared to meet with Abahlali leaders. We remembered how his spokesperson, Lenox Mabaso lied to millions of listeners of iGagasi FM, and also to Daily Sun readers, that he would visit and sleep in the Kennedy Road settlement in 2007. We have still not seen Lennox Mabaso in the Kennedy Road settlement. However we still have a shack waiting for him.

Abahlali have honestly waited for the MEC to come but in vain. Even when our office called the MEC’s office on Thursday(12-02-09), last week, Mabaso was ‘in a meeting’ 24 hours a day . We had no choice but to proceed to appeal the judgment and to take the next step towards the Constitutional Court of S.A. Here we are confident that in no way will the Court consider contradicting and undermining existing laws that regulates the occupation of land. We are confident that the Constitutional Court will protect the Constitutional rights of shacks dwellers and every citizen.

For more information about the notorious Slums Act and the reasons for our opposition to it please visit: http://abahlali.org/node/1629

For further information and comment please contact:

Mnikelo Ndabankulu, Abahlali baseMjondolo Spokesperson: 079 745 0653
Zodwa Nsibande, Abahlali baseMjondolo General Secretary: 082 830 2707
Sibusiso Zikode, Abahlali baseMjondolo President: 083 547 0474