http://www.dailynews.co.za/index.php?fArticleId=5209954

Protecting the vulnerable
Attempt to remove informal settlers in conflict with Constitution

October 20, 2009 Edition 1

Sayed Iqbal Mohammed

The poor and the government, as interested parties, eagerly awaited the Constitutional Court's judgment on the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act 6 of 2007 (the Slums Act).

Security of tenure and the prevention of concentrated power in the hands of government were of great concern to the first two applicants, Abahlali Basejondolo Movement of SA, and Sibusiso Zikode.

http://www.dailynews.co.za/index.php?fArticleId=4848874

Constitutional freedoms

February 18, 2009 Edition 1

Dr Sayed Iqbal Mohamed

When a judgment is delivered, people take positions, and it is not uncommon for lawyers, academics and the public to engage in criticism. MEC of Local Government, Housing and Traditional Affairs Mike Mabuyakhulu's attempt to "rebut" the constructive criticisms of the High Court's controversial judgment of the Slums Act is sophistry plastered with clichés. He would want us to believe that criticising a judgment translates into disrespect for the rule of law. He further avers "that when judges rule, they make their ruling on the basis of law and not on the basis of opinion or feelings".

http://www.dailynews.co.za/index.php?fArticleId=4823693

Poor left out of the equation
Slums Act no solace to the dispossessed

February 03, 2009 Edition 2

Sayed Iqbal Mohamed

"Engagement is a two-way process in which the City and those about to become homeless would talk to each other meaningfully in order to achieve certain objectives. There is no closed list of the objectives of engagement." - Yacoob J[1]

On Tuesday January 27, 2009, Judge President Mr Justice Vuka Tshabalala delivered judgment in favour of the government that he believed was ultimately in the interest of the poor.

http://www.dailynews.co.za/index.php?fArticleId=453052
Eviction must follow legal process

July 29, 2008 Edition 1

Sayed Iqbal Mohamed

There is an increase in self-help remedies, especially by landlords resorting to illegal disconnection of water and electricity supply, forced evictions and illegal lockouts.

The prolonged period to evict an unruly tenant and the sheer magnitude of the legal costs associated with legal proceedings can be a compelling reason for a landlord to take the law into his own hands. This is, of course, indefensible.