Category Archives: eviction

Daily Maverick: ‘Marikana’ UnFreedom Day land occupation ends in violent Workers’ Day eviction

http://www.dailymaverick.co.za/article/2013-05-02-marikana-unfreedom-day-land-occupation-ends-in-violent-workers-day-eviction/

'Marikana' UnFreedom Day land occupation ends in violent Workers’ Day eviction

I found myself among a community of homeless and backyard-dwellers on Sunday through connections with the shackdwellers’ movement Abahlali baseMjondolo, which held its controversial UnFreedom Day rally on 27 April in the settlement of Sweet Home Farm in Philippi, Cape Town. What follows is a personal account of the beginnings of the 'Marikana' land occupation. By JARED SACKS.

 

 




Zowi Zulu berates the police after they threw her and her new born child out of their shack

 

 

These residents of Philippi East, a growing township sandwiched between Nyanga, Mitchell’s Plain, Khayelitsha and Philippi, had just been evicted the week before from another parcel of land which they found out was actually a deserted privately owned farm. Desperate as they were, they contacted Abahlali baseMjondolo activist Cindy Ketani, in the hope that she could help them in their struggle. By Thursday, Ketani said that 150 of them had paid the standard R10 fee to become members of the movement and were looking for another piece of land since they had nowhere else to go.

Some of them began building their new homes on unused council-owned land along Symphony Way near Stock Road. Six homes were fully occupied by Friday morning with another 15 or so built and occupied on UnFreedom Day. Those who did not have their own building material, spent the day helping fellow abahlali (residents) finish building their homes. This was solidarity: the community was helping pull one-another up by their collective bootstraps. According to chairperson Sandile Ngoxolo, abahlali christened their new settlement 'Marikana' in honour of the workers who died in their struggle for a just and living wage and because “we too are organising ourselves peacefully and are willing to die for our struggle”.

When I arrived on Sunday morning with Ketani and Boitumelo “Tumi” Ramahlele, who live in Langa Temporary Relocation Area (shacks built by the Housing Development Agency), the city’s Law Enforcement had just arrived and marked off with spray-paint a red “X” on about 20 homes. They said they were to be evicted later that day. People were worried and didn’t know what to do and soon a crowd grew to discuss the way forward.

The City’s Law Enforcement, with its substantially funded Anti-Land Invasions Unit, had not produced a court order or any type of written documentation as to why the settlement was to be evicted. Being a witness to these kinds of struggles for a long time, I knew that any eviction without a court order was not only an illegal act, but also criminal, as the city was ignoring provisions in South Africa’s Constitution and the Prevention of Illegal Evictions Act. Explained a different way, the Anti-Land Invasions Unit is usurping the authority of a high court judge who is tasked to decide on the legality of land and property related issues. There is no way to prove that those living on a particular piece of land are there illegally without a legal judgment. (See also lawyer Sheldon Magardie’s legal explanation).

A call was sent out by Abahlali baseMjondolo for activists and media to come and witness and protect residents during the illegal evictions – only a New Age reporter showed in time to see the evictions take place. A lawyer working pro-bono with Abahlali baseMjondolo arrived and explained the need for a court order to the city officials, but he was rebuffed.

And they did exactly that. At 13:15 a mass contingent of the Anti-Land Invasions Unit and dozens of day labourers, picked up only hours earlier, arrived, backed up by Law Enforcement and SAPS vehicles. They were ready for confrontation and a Casspir and a Nyala ensured that this would be a one-sided war against about 50 residents (mostly women and children).

Law Enforcement went into the homes often beating residents who refused to leave. The Anti-Land Invasions Unit then went on to destroy people’s property: their beds, their cupboards and their general livelihoods.

I tried to photograph Kemelo Mosaku when I saw him being beaten inside his home but Law Enforcement personnel stood in line attempting to block my view. I was, though, able to get a few photos of him being manhandled once he was removed and then arrested. Ramahlele was also arrested after being beaten for refusing to leave a resident’s home. He claims to have been severely beaten by Law Enforcement inside the Casspir after being arrested. Ketane, who has hemiparesis and walks with a limp because of a recent stroke, was filming the abuse on her phone which was subsequently stolen by Law Enforcement. She was then pepper-sprayed and shoved away from the scene. Another lady was inexplicably shot twice at close range with rubber bullets. At many points during the eviction, I was also shoved and pushed and now have a few minor bruises to show for it.

Watching the violence meted out by state officials, hundreds of residents began gathering on both sides of the street singing various freedom songs and hurling verbal abuse at police. The community of Philippi East was turning out in full support of the 'Marikana' occupiers. Then, about 45 minutes into the eviction, some young boys, frustrated at the obvious one-sided violence and the perceived injustice of the eviction, began throwing stones at police who, realising that they were outnumbered by nearly 1,000 angry residents, left a few “X”ed homes standing and quickly retreated down the road.

Residents remained defiant. Hundreds marched to Philippi East police station to secure the release of their “political prisoner” comrades while another group remained behind to rebuild their homes. The peaceful group demonstrated outside the station while leadership attempted to negotiate with the station commissioner inside.

However, after about an hour of protest, the station commissioner, Colonel Vuyane Mdimbaza, refused to release Ramahlele and Mosaku and insisted they be charged with public violence (the typical charge against protesters used to cover up police violence, which the judge almost always throws out of court). He then went on a diatribe about anarchy, development and democracy, blaming protesters for not consulting with government, and accusing a sinister third force of being behind the occupations. (In other words, he was saying that poor people are too stupid to do anything themselves!) 'Marikana' leadership answered these accusations by asserting that their numerous attempts to consult with government had consistently been ignored; their land occupation was a last resort.

Protesters responded to the commissioner with civil disobedience: they closed off Stock Road, Ngqwangi Drive and Symphony Way with rocks and burned tyres. The furious colonel eventually became more conciliatory: he began promising the release of the two. After four hours of protest – effectively shutting down the station during that time – the state prosecutor finally agreed to come into the station and negotiate bail. The protesters immediately dispersed and Ramahlele and Mosaku were finally released at 21:00.

On Sunday evening, the Marikana community, resolute and unwavering, rebuilt their homes. They were not going away without a fight.

Still, on Tuesday and then once again on Workers' Day the Anti-Land Invasions Unit returned, this time with even more police backup: Casspirs, Nyalas, and even water cannons. On both days, there were about 50 shacks built. On Tuesday they destroyed almost all of them and arrested another person, who is said to be an innocent passerby.

On Workers' Day, I witnessed them destroy every last shack. Once again, Law Enforcement used physical violence and in some cases assaulted residents. Zowi Zulu, a young mother with a newborn baby strapped to her back, was violently removed from her home and nearly assaulted – that is, until journalists from the New Age, Die Burger and a few other newspapers finally showed up.

The Anti-Land Invasions Unit destroyed people’s property while taking apart their homes. A large flatbed truck then confiscated a significant portion of the building material with officials refusing to tell residents where it would be taken. No one is sure if they will ever get their zinc sheets and wooden poles, worth thousands of rands, back. As I write this, Mzwandondo Figxa has become the fourth person arrested in only a few days and also the fourth person charged with “public violence”. He will also most likely be the fourth person to have his case thrown out of court while the 'Marikana' community wastes more time and money on legal support.

This game of cat-and-mouse continues, with abahlali, once again, vowing to rebuild their homes or at least sleep on the site where their homes once stood. As they sleep under the stars (but in the freezing cold), what will be running through their minds? Do they still doubt that they remain unfree? Do they wonder how many houses the city could build if all the money being spent on this Anti-Land Invasions Unit was redirected towards housing? Who do they imagine they will vote for next year if the city (under the DA) is evicting them and the SAPS of the ANC-led government is backing up these evictions.

Meanwhile, the SAPS will continue to patrol along Symphony Way in their Nyalas, firing rubber bullets at the protesting community and re-gathering their forces to ensure that abahlali remain landless until the authorities eventually build another Blikkiesdorp in which to dump them once and for all.

The Interim Order Against the Shallcross Occupation has been Set Aside

27 January 2012
Abahlali baseMjondolo Press Statement

The Interim Eviction Order Against the Shallcross Occupation has been Set Aside

The interim eviction order granted by the Durban High Court to evict residents of Shallcross (Ekuphumeleleni, Inkanyezi Housing Project) was set aside this morning. The High Court has ordered the eThekwini Municipality to stop any further eviction of residents pending the 24th of February 2012 on which date this matter has to return in court. In the meantime the evicted residents have returned to their homes for the second time.

Abahlali wishes to express its disappointment at the fact that the attorneys that South African Nation Civic Organization (SANCO) has promised its members in the area since December did not pitch up in court. This was despite insistence of the SANCO leadership last night that they have lawyers which mislead the community. However Abahlali wish to thank its Legal Team – Nichols Attorneys with the support of SERI – for being able to represent the residents and for doing such a good job.

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Shallcross: The Tyres are Burning

Shallcross: The Tyres are Burning

Yesterday 120 families were violently evicted from incompletely built and then
abandoned RDP houses in Shallcross. They had occupied these houses after people
with papers to show that they had been given houses were left in shacks as
their houses were corruptly given to others who were paying for them. Eight of
the 120 families are AbM members.

Last night the evicted families reoccupied the houses. Now the police are back.
The tyres are burning. The media are urged to rush to the scene.

Contact:

Lucia: 084 635 0293
Lungi: 078 622 6999

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Cape Times: Heartbreak, eviction, broken promises

http://www.iol.co.za/capetimes/heartbreak-eviction-broken-promises-1.1132804

Heartbreak, eviction, broken promises

Melanie Gosling

FOR around 50 years Ellen Leputing has been trying to secure a home in Cape Town, but has been evicted, burnt out, betrayed and beaten by the system. Her family are facing eviction again.

On the surface, it is a straightforward case of the authorities trying to remove people from a condemned building. On a deeper level, it lays bare the battle of the poor and the powerless to keep a roof over their heads, a battle which, for some families, carries on over decades and across generations.

Leputing, 62, is a state pensioner living in Sandile Park, Gugulethu. She used to live in the adjacent Masonwabe Park, two blocks of 40 flats in Gugulethu’s Dr Moerat Road. Two of her adult children and several grandchildren still live there, as do four of her sister’s children.

It’s a ghastly place. An old hostel once owned by Murray & Roberts, it is now so run-down it has become a health hazard. The drainage system and parts of the roof have collapsed, the walls are cracked and raw sewage lies in pools in the courtyard. The foundations are so unstable, the city engineer says a severe storm could flatten the entire building.

Next week, the city council goes to court to seek an order to have the 300-odd Masonwabe Park residents evicted so the building can be demolished. The city has offered them 56 single-room units in Blikkiesdorp, the temporary tin-shack settlement area near Delft. They don’t want to go.

“Blikkiesdorp, no, it’s too dangerous, my family can’t go there. Anyway, it is mos our own place, not the council’s. The Malaysians bought it for us,” she said.

Leputing was born in Cape Town in 1949 and grew up in Old Crossroads. When she had children of her own, she continued living with her parents, but it was a struggle in the tiny house with just a kitchen and one room. Her father died, her mother could not pay the rent and they were evicted. Leputing, her husband and six children moved to KTC squatter camp in the early 1980s.

KTC started with a few shelters in January 1983, made from branches and plastic sheeting, dotted between the Port Jackson bushes. Within a couple of months there were over 1 000 shacks. One of them was Leputing’s.

It was a tough life. Under the apartheid government, the Bantu Affairs Administration Board regularly moved in and demolished shacks of the “illegals” – those who did not have official “passes” to live in Cape Town. Apartheid minister Piet Koornhof said at the time that he would not allow another “uncontrolled squatter camp like Crossroads to develop”.

There were frequent police raids with tear gas and dogs, and many were arrested and their shacks destroyed. Leputing’s stayed intact – for a while. “But the witdoeke, they chased us out. They burnt down my house. We had to run.”

Apartheid police colluded with vigilantes, known as witdoeke because they wore white cloths around their heads or arms, to fight against the ANC-aligned “comrades”.

In May and June 1986, the witdoeke began a three-week attack on KTC, burning shacks and attacking residents, leaving 60 000 people homeless and 60 dead. One of them was Leputing’s 19-year-old son.

She and her children fled to the “rent office”, where they holed up while KTC burned.

Later, they went back and salvaged what they could from the cinders and built a new shack on Tambo Square. They had a roof over their heads again, but with the onset of the the Cape winter, Tambo Square soon flooded. They packed up and moved to Fezeke, where the municipality had set up a tent camp for KTC refugees, and lived under canvas for two rainy months.

It seemed as if she would never have a proper house. Then she learned from “Mayor Njoli” about an empty Murray & Roberts hostel in Gugulethu. It had 40 flats, each with three rooms, a toilet and bathroom. There were beds, cupboards and stoves. She and others persuaded the security guard to let them in.

Later, a residents’ committee met Murray & Roberts, who told them they no longer had any use for the building and they could live there. They said the land was the council’s.

Residents renamed it Masonwabe, meaning “place of peace”. In 1988, there were 74 adults and many children living in the flats.

According to Leputing’s affidavit in the court papers, in the early 1990s the ANC and Malaysian government agreed to create a project to provide housing to township dwellers around the country.

The old Masonwabe flats would be repaired and residents would get sectional title deeds. The Western Cape Housing and Development Trust was established to administer the project.

The trustees were Allan Boesak, Aburazak Soman, Mongezi Mngesi and Essa Moosa.

There was an official opening in August 1995, attended by Winnie Madikizela-Mandela, Steve Tshwete, other ANC representatives and Malaysian dignitaries. “Winnie Mandela, she congratulated me and said the flat was mine.”

But the promised repairs never happened, nor did they get sectional title deeds to the flats. Apparently there was a shortfall in the Malaysian money, which the trustees were to make up with housing subsidies, for which the residents qualified. But the trust appears to have been run in a slap-dash manner, and it never applied for the subsidies, so the residents never got title to the flats.

The deeds office shows that the trust still owns the flats, but the trust has become dysfunctional. The building, never built to last, began to deteriorate, but to the 315 people living there – mostly children and grandchildren of the KTC refugees – it was at least a roof over their heads.

The residents, unemployed or low-income earners, never had the money to repair it themselves.

The Malaysian donor project did build some houses on the property, and Leputing moved into one of them.

She was told she owned the house, but to date has no title deeds.

“It is so small, my children stayed in the flats next door. But the flats are so wet from leaks, they leave their clothes here,” she said, pointing to a room crammed with clothing and suitcases. She worries about her children and grandchildren. Believing she had at last secured a permanent home for her family, she finds they are to lose it again.

“Now they want to pull down the flats and make my children go to Blikkiesdorp. That is a dangerous place, and it is far.”

About five years ago, the city approached the residents and said it wanted to demolish the flats and redevelop the land. Councillor Sheaam Sims told them she would provide them with a written undertaking that those residents who qualified for housing would be able to return to the new development. She wanted them to sign documents saying they would move to Blikkiesdorp in the meanwhile.

The residents refused, believing if they moved they would languish in the wastes of Blikkiesdorp and join the endless waiting list of people wanting houses.

Leputing’s affidavit states that while the Masonwabe residents agree that the flats are unsound and they should move, the city has known for five years that the building was unsound but did nothing to secure other accommodation or redevelop the site. It also says they were led to believe by a city councillor that the site would be redeveloped for them.

Chennells Albertyn attorney Camilla Rose, who represents Leputing, said residents have brought counter-applications to compel the council to comply with its undertakings to the residents, and with its constitutional obligations.

Standing next to the pool of sewage, Leputing looks around her: “This is our place. Why must we go to Blikkiesdorp and the council fixes this for other people?”

Mitchell’s Plain Backyarders Association return to Cape High Court

Western Cape Anti-Eviction Campaign Press Release
30 August 2011

Mitchell’s Plain Backyarders Association return to Cape High Court

The poor communities and social movements in Cape Town are in solidarity with the poor landless people of Mitchell’s Plain who are being victimised by the City of Cape Town and the Western Cape Province.

The Democratic Alliance-led government has blood on its hands. The people of Hangberg and Imizamo Yetho were attacked by the government not a long time ago. Recently, the Mitchell’s Plain Backyarders have also born the brunt of DA-led state violence against the poor.

The rich and wealthy people who are mostly whites enjoy themselves in the most unequal city in the world at the expense of the poor. This is why we rebel.

The issue of the Mitchell’s Plain landless, like the rest of Cape Town’s housing crisis, cannot be solved through state violence. It must be solved politically.

The government of the Western Cape ahs stolen the land from the poor and they sell it to wealthy white South Africans and wealthy Europeans. Both the DA and the ruling party have failed the indigenous African people.

This is no longer an issue of service delivery. We are not being criminalised because we want our roads or our RDP houses to be built faster so they may just fall apart. The issue is about taking back the land – everywhere – so that the poor of this country no longer live waiting for their next eviction.

We, as the social movements and poor communities of South Africa say that the 21st Century is the century of the poor Africans and their rebellion. We demand control of our own land and resources. We want to build our own houses free from repression by the government. The poor are the majority in this country and we also have a right to decide on our own future.

The rich are sucking the blood out of the poor each and every day in this country. This, while the media are playing games with the poor because they only come when we burn tyres but ignore us when the majority of the quiet repression against us is deemed ‘low profile’. From 1994 up until 2011, many journalists have been roped into the payroll of political parties.

The poor in South Africa are a step ladder for the few to get rich very quick. We as the majority know that freedom shall come our way eventually.

Forward to the struggle of the poor! Forward!

For more information, contact:

Charles (M’Plain Backyarders) @ 0746895980
Gary (Newfields Village) @ 0723925859
Mncedisi (Gugulethu) @ 0785808646
Khaya (Mandela Park) @ 0780241684