12 July 2012
Wits Public Interest Law Gathering
The Organized Poor and Law as a Tool for Social Change
by S'bu Zikode
It gives me a great honor to be invited to participate in the Wits Public Interest Law Gathering. I wish to thank SERI for the invitation.
It has always been clear to us that there can only be laws and policies that take the lives of poor people seriously when the poor have built our own power in the society. It has also always been clear to us that the political will to implement progressive laws and policies will only be there if the poor remain permanently organized and strong.
The law is a terrain of struggle that we cannot avoid. Because the municipalities and the land owners usually treat poor people as if we are beneath the law we have often been able to win important victories in the courts. Many people have been able to remain in their homes and on their land as a result of our victories in the courts. But access to the courts, and to lawyers that are willing to take instruction from poor people, is something that comes out of years of organization. Our litigation against the then ‘Slums Act’ came out of years of struggle for the right to the cities.
Most poor people do not have access to the courts. In most cases when poor people find a lawyer that lawyer will want to take decisions for the so-called clients without consulting them. In fact pro-bono lawyers often make decisions about poor people with municipalities or land owners as if the municipalities or land owners are their partners and the demands of the poor are the problem.
Abahlali has had a very good experience as to what the difference between being a shack dweller outside the organized poor and being a shack dweller amongst the organized poor. It is always much easier for the legal practitioners to work with the organized poor than to work with the unorganized poor. It is also much easier for an organized movement like Abahlali to work with the legal institutions and practitioners. It is organization that makes real solidarity between grassroots activists and legal activists possible.
The idea that as poor people we cannot think for ourselves continues to ruin our society. We are supposed to remain silent in our shacks waiting for government, lawyers, NGOs and others to think for us, decide for us and act for us. When we insist on taking our place in all the discussions that affect us our presence creates a crisis. We find that we are treated as children or as criminals. The reason why our presence in these discussions creates a crisis is that it is thought that as shack dweller we should have known our place in the first place, and that place is in the shacks. Abahlali’s refusal to be confined to the dark corners of our shacks has been challenged not only by the state but also by some civil society organizations, the regressive left and of course by some legal practitioners too. Many of these experts believe that it is their duty to think, act, represent and decide for the poor.
For these people the struggle for a better society is a struggle between different groups of experts. It is thought that as the poor our only role is to support the right group of experts. For us the struggle for a better society starts with the idea that everyone counts and that everyone has the some right to participate in all decision making that affects them.
Abahlali has recently experienced a very undermining and disrespecting treatment from a ‘’Human Rightsorganization’’. We approached this particular organization to request them to assist us with a court interdict. The lawyer there made an appointment with us as clients. When the clients came at an agreed time she did not have time for her own clients. She did not even apologize for the delay. It was as if she thought that only her time was important and that poor people had no commitments of their own. In fact for some people to be late for work could mean losing a job.
When this lawyer eventually came to meet the clients she said “If the community members stop the municipality from important tasks like surveying properties and from laying sewerage pipes for no valid reasons, then please be advised that we cannot challenge things like that.You have to comply with lawful processes or there is no way any court will entertain your arguments if the municipality shows that you are interfering with or causing an unjustifiable hindrance. We cannot defend you against any unnecessary obstruction to constructionwork.’’ She went on to say “when you email me please refrain from copying other people on the email to which I have no connection in terms of this matter. I communicate directly with clients in matter.’’ In a case like this the lawyer that is supposed to represent us is acting in support of the system that oppresses us. If Human Rights organizations are going to be in a living solidarity with poor people they must start with the living reality and living struggles of poor people and not with the system that oppresses us. The human being has to come first. The system that oppresses us must be seen as the problem.
We warmly welcome legal practitioners, human rights organizations, churches, progressive NGOs, urban planners and other experts that want to support democratic formations such as poor people’s movements and communities struggling for social justice in our society. We warmly welcome your support in our efforts to organize, mobilize and empower our communities. But in doing so we ask you to think with us and not for us.We ask you to decide with us and not for us. Avail yourself; render your professional services and skills but render them to democratic decision making processes. Understand that your support will have to start from the realities of our lives and struggles. Where ever you can do your best to transfer your skills and access to your networks in a manner that is empowering. Come to us as comrades and not bosses.
There are already some few organizations and churches working like this. SERI and CALS are already working like this. They are working with and not for the organized poor. And they are working with us to build our legal capacity too. When NGOs and churches work like this the poor themselves can be proud of deciding their own future and taking their own role in the struggle to be part of a great society we all dreaming.