court

The right to basic services in informal settlements: Notes on Harry Gwala High Court hearing 12 December 2008

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The right to basic services in informal settlements: Notes on Harry Gwala High Court hearing 12 December 2008

Harry Gwala is an informal settlement of some 800 households occupying mainly municipal land adjacent to Wattville in Ekurhuleni. Currently it has no refuse removal, no lighting, only inadequate home-made pit latrines as toilets, and only 6 communal taps.

In October 2008, Harry Gwala applied, through the High Court, for installation of basic services. For every household in the settlement to be in a 200m radius of a communal tap, as set out in the Water Services Act, an additional 7 taps are needed in this settlement. The same Act requires one toilet per informal household. This could be ventilated improved pit (VIP) latrines or chemical toilets. Further, refuse collection is required for reasons of health and hygiene, and high mast lighting for basic safety and night-time access for emergency vehicles. Harry Gwala’s legal representatives, Moray Hathorn of Webber Wentzel and Advocate Roshnee Mansingh of Maisels Chambers, argue that the current situation at Harry Gwala is unconstitutional. They set out a three-fold application based on constitutional rights, statutory rights (as set out in the Water Services Act) and policy (Chapters 12 and 13 of the Housing Code).

AbM V Government on the Slums Act in the Durban High Court on 6 & 7 November

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Durban High Court, 6 November 2008

3 November 2008
Press Statement by the Abahlali baseMjondolo Youth League

Abahlali baseMjondolo Case Against the KwaZulu-Natal Eradication and Prevention of Re-Emergence of Slums Act to be Heard in the Durban High Court on 6 and 7 November 2008

Across the country the government is chasing the poor people out of the cities. Across the country we are mobilising to defend our right to the cities.

We are in the cities for good reasons – we need work, education, clinics, libraries and more. Pay is higher and prices are lower in the cities. Therefore we need land and housing in the cities. But the government only want our votes. They do not want us in the cities. Therefore we have said ‘No Land! No House! No Vote!’

Arnett Drive Successfully Resists Evictions

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A defiantly red shack stands in Arnett Drive with Abahlali's injunction to 'Qina!'

26 August 2008

Judgment in this matter was handed down in the Durban High Court today - a total victory for Abahlali baseMjondolo. But while the court was in session the city moved against the Siyanda settlement, where Abahlali just opened a new branch last week with 50 members, illegally demolishing shacks and leaving people homeless...The struggle continues. (Click here to read the short report on the judgment in The Mercury).

The Times: Gateway housing project in a shambles

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http://www.thetimes.co.za/PrintEdition/Article.aspx?id=890350

Gateway housing project in a shambles

Bobby Jordan Published:Nov 23, 2008

Only five families out of an estimated 20000 shack dwellers from one of South Africa’s poorest settlements have been accommodated at the state’s flagship housing development built on their doorstep.

Meant to showcase the country’s progressive housing policy promoting racially integrated cities, phase one of the N2 Gateway project next to the Joe Slovo shack settlement in Cape Town is instead a monument to a losing battle against the national housing backlog.

AEC: Judgement Day for Gympy Street Residents

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JUDGEMENT DAY ~ NO LAND, NO HOUSE, NO VOTE!
Western Cape Anti-Eviction Campaign Press Release

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When: Friday 21st of November 2008
Where: Magistrate Court, Cape Town (between Buitenkant str & Parade Str)
Time: 08h30
Case: Gympie Street vs Pastor Dennis Robertson

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On Friday the 21st of November the Cape Town Magistrate's Court will give its verdict on the case against the Gympie Street residents. This latest legal battle represents yet another attempt by slumlord Pastor Dennis Robertson to evict the people of Gympie Street. He seems simply unwilling to accept that the people of Gympie Street have a right to adequate housing and dignity. Indeed, he has even been working with the City Council and the police to drive the people from the road. This has seen him collaborating with the City Council to cut off people's water and electricity, and working with the police to routinely harass and arrest people. It is clear that the threatened mass eviction of families who have been staying in the area for decades, is part of the gentrification process (linked to the World Cup) to clear the City Centre of the poor so that the landlords and the elite can profit and move into the area. As such, this latest legal action is about trying to DUMP the people of Gympie Street on the outskirts of the City. Nonetheless, like the three previous cases, the ruling of the latest case will once again be in favour of the people of Gympie Street.

Isolezwe: Lusezithebeni zenkantolo elokuqedwa kwemijondolo

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http://www.isolezwe.co.za/index.php?fArticleId=4700564

Lusezithebeni zenkantolo elokuqedwa kwemijondolo

November 07, 2008 Edition 1

BAWINILE NGCOBO

KUZOQHUBEKA namuhla enkantolo enkulu yaseThekwini ukulalelwa kwesicelo sokuthi kusulwe umthetho wokuqeda imijondolo kwaZulu Natal, i-Slums Act.

Lesi sicelo sifakwe yinhla-ngano eyaziwa ngokuthi Abahlali Basemjondolo kanti ukulalelwa kwaso kuqale izolo. Abantu abahlala ezindaweni eziyimijondolo ngaphansi kwale nhlangano bebegcwele ngaphandle kwenkantolo becula amaculo omzabalazo bezokweseka abameli babo.

Mercury: Slums Act hearings begin in Durban

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http://www.themercury.co.za/index.php?fArticleId=4700038

Slums Act hearings begin in Durban

November 07, 2008 Edition 1

Tania Broughton

DANCING and singing, a crowd of red-T-shirt-clad shack dwellers descended on the Durban High Court yesterday to hear legal argument in their attempt to have the KwaZulu-Natal Slums Act deemed unconstitutional and scrapped from the law books.

"Phansi, Slums Act, Phansi," their T-shirts and banners proclaimed as they blew vuvuzelas and chanted freedom songs outside the court building at the start of the two-day hearing.

Bay State Banner: South Africans protest mass eviction order in court

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http://www.baystatebanner.com/World21-2008-09-11

South Africans protest mass eviction order in court

by Toussaint Losier

JOHANNESBURG, South Africa — Dancing the toyi-toyi, stomping their feet and singing protest songs, more than 100 residents of the informal Joe Slovo settlement in Cape Town and their supporters rallied outside of South Africa’s Constitutional Court last month in support of the community’s right to adequate housing.

Legal Resources Centre Tunes the Municpality Straight

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The LRC's defence against the City's attack was successful. Here are the documents from December 12, 2006.

Legal Resources Centre Takes on Mike Sutcliffe

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The Legal Resources Centre has gone to bat for Abahlali members evicted from Motala Farm and Juba Place. See the first salvo against the City Manager, Mike Sutcliffe, below.

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