http://www.witness.co.za/index.php?showcontent&global[_id]=29444

Shack dwellers’ victory
15 Oct 2009
Sharlene Packree

RESIDENTS of the Kennedy Road settlement in Durban were jubilant
yesterday at the ruling of the Constitutional Court that a law that
would have allowed mass evictions in KwaZulu-Natal is unconstitutional.

Members of the Abahlali baseMjondolo Movement SA, which fights for the
rights of shack dwellers, were present at the Constitutional Court when
the ruling was made.

The group was formed in 2005 after residents staged a massive roadblock
to protest against the sale of land to a local businessman that had been
promised to shack dwellers.

Abahlali vice president Lindela Figlan said the ruling is a huge victory
for shack dwellers in KZN and residents across South Africa.

He said Abahlali are fighting for their rights, which are enshrined in
the Constitution. “This is not only about Abahlali baseMjondolo, but a
victory for every person that lives in a shack.… There will not be any
celebrations as we already knew that we would be successful,” he said.

“I know that residents will be very excited about this as we have been
fighting for this for a long time. It shows government that we are aware
of our constitutional rights,” he said.

• Anglican Archbishop Njongonkulu Ndungane, who was the guest speaker at
the 30th anniversary celebrations of the Pietermaritzburg Agency for
Christian Social Awareness at the city hall in the capital yesterday,
congratulated Abahlali for exercising their democratic right.

He said: “This indicates that we need now is an engaged citizenry. What
we’ve tended to do is to stand back and allow things to happen to us,
even in our own name. What Abahlali baseMjondolo have shown us is ‘not
in our name and not on our watch’.”

There was no official response yesterday from KZN Human Settlements MEC
Maggie Govender. Her spokesman, Nkululeko Ngcamu, said the MEC will
comment once she has studied the judgment.