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What about human rights for the people of KwaShembe, Mangete and Kennedy Road?

March 22, 2010 Edition 1

Mary De Haas

As we celebrate yet another Human Rights Day recent events in KwaShembe (an informal settlement in Clermont), Mangete and adjoining Macambini, near Mandeni, and Kennedy Road informal settlement in Durban show the lack of progress we have made in ensuring people’s rights to freedom of political association.

Yesterday morning a number of Cope supporters’ dwellings were burnt down and vandalised in the kwaShembe informal settlement area of Clermont.

While there have been isolated incidents in the past, the attacks on Cope supporters started in earnest on March 14, with police in the area claiming they could only “contain” the situation, rather than arrest those committing the crimes. People fled their homes, initially camping in Cope offices in Durban.

Cases were opened at KwaDabeka station, one case of intimidation covering a number of incidents. According to a press report on March 18, police had been deployed in the area “to ensure 24-hour visibility” and prevent any further intimidation.

Residents were encouraged by the South African Police Service to return to their homes since the police were there to protect them. However, according to a Cope representative who was in the area on Saturday, there was no sign of a police presence.

The local station commissioner claims that police deployment is at night, because no incidents were expected during the day – which is cold comfort for those who have lost their homes and possessions. Nor have key perpetrators been arrested, despite having been identified.

As in KwaShembe, people have been driven out of Kennedy Road informal settlement, and had their houses destroyed, apparently because of their association with the shack dwellers’ movement Abahlali base-Mjondolo, or because they are believed to be Cope supporters.

Although 12 Abahlali supporters have been arrested and charged, it seems that no arrests have been made in connection with attacks perpetrated against them. Of the 12 arrested almost six months ago, five have been refused bail, no sound reason apparently having been advanced by the police for the refusal of bail.

According to a statement issued by ecumenical organisation Diakonia, following the five’s 10th court appearance on February 19, 2010 “… the new magistrate in Abahlali court appearance has admitted that there is massive political pressure in the Kennedy 12 case”.

The five were, once again, remanded to May 4, 2010.

Meanwhile, a meeting was called on March 14 by a committee which was elected by people listed as successful claimants in the Mangete land claim, which has supposedly been settled in 2002.

The meeting, which was to be held at Mangete Primary School, was called to report back on legal action that has been taken against Macambini traditional leader Mathaba, who, despite never having been a claimant, controls a Trust established by the Land Claims Commission, which holds land for the claimants, and income which is due to them.

Most claimants, having never received any of these benefits, have called for a review of the settlement in the Land Claims Court, and have also approached the master of the high court calling for the conditions of the trust to be implemented.

Papers have been served on Mathaba (who is also in contempt of court, having ignored a high court order in which he is the first respondent).

The meeting was to take place at 10am and the Mandeni SAPS had been requested, three days earlier, to ensure a security force patrol.

When the claimants arrived for the meeting, however, there was no police presence. According to eyewitness accounts and sworn statements, Mathaba arrived and told those present to disperse or face the consequences.

The door to his vehicle was open and a large gun – possibly a rifle – lay on the seat.

Fearing for their safety, those present dispersed and made their way to the Mandeni police station to open a case.

Once again, the SAPS wilfully failed to protect people, despite a history of violence directed against people who want to exercise their constitutional right to freedom of association and assembly.

Mathaba had no right whatsoever to interfere in this meeting, since Mangete Primary School is part of Mangete, and not part of the Macambini tribal area.

In all three of the abovementioned cases, fingers are pointed at the police for their failure to protect people, and to prosecute those who have violated their rights.

This government has had 16 years to transform the police, but not only has it failed abysmally, it is in the process of taking us back to the past with the proposed militarisation of police ranks.

Human Rights Day calls for a sober reflection on where South Africa may be heading if more people do not make their voices heard in condemning the type of violations which continue to occur, apparently with impunity.

De Haas is a member of the KZN Violence Monitor