Category Archives: Schubart Park

The Times: Evicted residents win court victory

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http://www.timeslive.co.za/thetimes/2012/10/10/evicted-residents-win-court-victory

Evicted residents win court victory

GRAEME HOSKEN and SIPHO MASOMBUKA

Miore than 5000 people evicted from the Schubart Park block of flats in Pretoria a yearago scored a major victory yesterday when the Constitutional Court ruled the evictions illegal and ordered the City of Tshwane to restore their residency.

The ruling is a slap in the face for the municipality, which has been at loggerheads with the residents for over a year.

The ruling, which cannot be appealed, states that not only must the city renovate the block of flats but must find suitable accommodation for the residents during the renovations.

The city has been embroiled in numerous legal battles with the residents since they were evicted in September last year following the disconnection of the building’s water and power supply.

The ruling was made after Lawyers for Human Rights appealed in the Constitutional Court against four judgments in the Pretoria High Court granting the council permission to evict.

Lawyers for Human Rights national director Jacob van Garderen said the residents’ rights had been “brutally violated”.

“The court has made it clear that the city cannot ignore the country’s laws,” he said.

City of Tshwane spokesman Nomasonto Ndlovu would not comment because the municipality was “still studying the judgment”.

Van Garderen said: “The city’s dubious technical report, which indicated that the building was structurally unsound, was refuted by an independent structural engineer, who showed that the only thing that needed to be done to make it habitable was renovation.”

He said the city had been saddled not only with the latest legal costs but also with the costs of the renovations.

“The mayor has invested a lot of political capital in this case, threatening to sort out Schubart Park before December,” he said.

He said the court ruling sent a strong message to city officials contemplating the large-scale eviction of poor, vulnerable people.

“This ruling shows that the law must be followed when it comes to evictions.”

Aubrey Ramotlhale, a member of the Schubart and Kruger Park Residents’ Committee, said residents were ecstatic.

“We were harassed and our rights were trampled on but today I have reason to have faith in our legal system. It’s time the politicians we voted into power proved that they deserve those positions,” Ramotlhale said.

Right to Protest Denied Again in Tshwane

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SCHUBART PARK RESIDENTS COMMITTEE

RIGHT TO PROTEST DENIED AGAIN
CITY OF TSHWANE METRO POLICE AND CHIEF MAGISTRATE CONSCIOUSLY VIOLATING THE LAW THEY ARE SUPPOSED TO UPHOLD AND ENFORCE

The community of Schubart Park in Pretoria, which has been fighting against our mass eviction and failure to provide alternative accommodation for more than a year now has – together with our community allies in Mamelodi, Atteridgeville and Itireleng – again been denied our legal and constitutional right to protest.

As we have always done, all the necessary forms and processes (under the ‘Gatherings Act’) were complied with in our notification to the City of a community march to be held on 26th June 2012. When the City of Tshwane indicated to us that they would be at a Council Meeting the whole day and that there would thus be no one to accept our memorandum, we gladly agreed to shift the march date to 7th August. However, when we were called on the 31st July 2012 for a Section 4 meeting by the Metro Police – where logistical issues of the march were supposed to be discussed – we were told that march would not be allowed to take place.

The reasons given to us for the refusal were that as Schubart Park we cannot be acting on behalf of other communities (those who were joining us) and that it was the opinion of the Metro Police that the march would not be peaceful. When we contested both of these so-called ‘reasons’ – which are so clearly arbitrary and without foundation – the Metro Police told us that since Tshwane is the capital city, they cannot allow ‘people’ to disturb business in the City.
Knowing full well that the ‘refusal’ by the Metro Police not only violated the letter and spirit of the relevant law – the ‘Gatherings Act’ – but was also a clearly politically-motivated assault on our right to protest, we took the matter to court. To our absolute surprise and outrage, the Chief Magistrate – Mr. Desmond Nair – refused to overturn decision. In his ruling, Magistrate Nair made the incredible statement that if the Metro Police declines, he cannot approve.

This is not the first time that our right to protest has been wilfully violated and then politically rationalised – by a court of law no less! How can we take the Police and the Courts seriously when they are the very ones who deny citizens their lawful right to protest? If we then choose to rightfully exercise our right in the face of these ‘refusals’ we are accused of being ‘trouble-makers’ and ‘criminals’.

Is it any wonder then that more and more communities across the country are losing any respect they might have had left for those that are supposed to uphold the law and defend citizen rights?

FOR COMMENT OR FURTHER INFORMATION CONTACT:
Mashao Chauke on 0822126518 OR Ali Mashimbye on 082 970 3761