M&G: Victory for Joe Slovo residents

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Courtroom number one in the Cape Town High Court is proof that the more things change, the more they stay the same.

On Wednesday, an entire Bench in court was taken up by senior government and housing officials all anxious to secure eviction orders so they can start the relocation of about 5 000 homeless Joe Slovo residents — “relocation” is the preferred term used by the political authorities these days for “forced removals”.

Outside court 1 500 residents of Joe Slovo informal settlement in Langa sat in the road patiently waiting to hear their fate. When local leaders announced the judge’s ruling of an eight-day stay of execution the ululations and cheers could be heard for blocks.

In court, Director General for Housing Itumeleng Kotsoane, Housing Minister Lindiwe Sisulu’s special adviser Saths Moodley, Prince Xhanti Sigcawu, the general manager of the state-owned developer and project manager of the N2 Gateway housing project Thubelisha Homes, and various senior Thubelisha Homes officials were in attendance, with their two senior advocates.

Policemen allowed a small group of Joe Slovo residents inside the court and when community representatives said they had no legal representation, presiding Cape Judge President John Hlophe allowed community spokesperson Mzwanele Zulu to address the court.

Generally, only advocates can appear before a supreme court judge.

Hlophe suggested that the community contact the Legal Resources Centre (LRC) and later that afternoon top Cape Town housing lawyer Steve Kahanovitz from the LRC was consulted by the community.

On Tuesday, it took the court and employees from Nongogo and Nuku Attorneys, the firm representing the government, more than five hours to stamp each resident’s objection form and a copy of it at tables set up on the pavement outside the court.

The housing minister’s legal team and Thubelisha Homes were seeking an order under eviction legislation that will allow them to clear the ground for more housing in the N2 Gateway project.

This followed what is described as one of the biggest class action cases brought in South Africa, when more than 3 500 Joe Slovo residents walked to the Cape High Court on Tuesday and individually lodged their objections to being removed by the housing ministry.

The N2 Gateway project is government’s biggest and most ambitious housing project yet and has been mired in controversy from the outset.

Apart from a budget overrun of more than R135-million, its biggest challenge is coming from residents of Joe Slovo, who were promised houses when large sections of this informal settlement were destroyed in two big fires three years ago. It is now clear that houses will not be built to accommodate Joe Slovo residents, but those who can afford the bond houses planned by First National Bank in Joe Slovo can apply.

Phases two and three of this massive 22 000-unit development were halted a few months ago because these 5 000 residents have refused to move.

Community leaders of the Joe Slovo task team were upbeat, hailing as a “victory for the poor” Hlophe’s decision to allow them one week to consult a legal representative.

“The court’s decision filled us with hope. This was a victory for us. The government wants to force us with court orders, bulldozers and guns to move. And we’ve stopped the housing minister for now. After 14 years here, I don’t want to move unless they tell us we can come back after they’ve developed the land,” said community leader Manyenzeke Sopaqa.

Thubelisha’s Sigcawu said he “hated” the proceedings this week but had no choice but to go to court to obtain an eviction order. “These are our brothers and sisters. We want to build houses for the poor and in order to eradicate shacks, we can’t allow people to do as they want and stay where they want. I hate this situation — we want to relocate them, we don’t want to forcibly remove them,” Sigcawu said.