http://www.sabcnews.com/south_africa/crime1justice/0,2172,171356,00.html

June 12, 2008, 06:00

A Durban shack dweller organisation, Abahlali Basemjondolo, is taking the KwaZulu-Natal government to court. The organisation wants the provincial government to scrap the Elimination and Prevention of Re-Emergence of Slums Act. In court papers the organisation says the Act is unconstitutional and defeats the purpose of the National policy – Breaking New Ground.

KwaZulu-Natal has just over 3 million shacks and two thirds are found in the Durban area. Last year, the provincial government passed the “Elimination and Prevention of re-emergence of Slums Act”. The law gives municipalities permission to head-count all shacks and demolish those erected after the passing of the Act.

However, Abahlali Basemjondolo objects to the law. They claim their views during public hearings were not considered. They have now have taken their fight to the Durban High Court.

However, government is not backing down. Abahlali Basemjondolo have won a couple of cases against government and they say they are prepared to go to the highest court in the land to have their voices heard.

Experts say if they win, it could have serious legal implication for government’s efforts to clear slums by 2014.