City top brass could face jail time over Abahlali court order
By Anelisa Kubheka
Zikode
The eThekwini mayor, the city manager and the city’s director of housing could face jail time or a fine for being in contempt of court.
Two years ago, the city was granted an order to evict residents of Siyanda informal settlement near KwaMashu, to make way for the construction of a road.
The order made a provision that the municipality had a year from the eviction to provide permanent homes for these residents.
To date, these residents, about 37 families, have been living under appalling conditions in a transit camp in Richmond Farm.
Abahlali Basemjondolo and the Socio Economic Rights Institute of South Africa (SERI) filed papers in the Durban High Court early last month, for mayor James Nxumalo, municipal manager S’bu Sithole and head of housing Cogi Pather to be held in contempt of court for not fulfilling the condition of the eviction order.
Abahlali Basemjondolo chairman, Sbu Zikode, said the order was granted in the municipality’s favour on the basis that the municipality would investigate the corrupt allocation of RDP houses, in the Khulula Housing project, by its employees.
“The corrupt allocation of housing in Durban has been a concern for Abahlali’s members for a long time. People are dumped in transit camps, told that it is just temporary and then left to rot while other people are allowed to jump the queue.”
Corruption
He said the municipality was indirectly feeding this corruption by not following the two-year-old order.
SERI attorney, Teboho Mosikili, said the municipality’s duty was to uphold and respect the law but it had acted in a “blatantly illegal” manner.
“The mayor, city manager and director of housing have all been served with the court order, and meetings have been convened with the mayor to discuss compliance with it. Yet nothing has been done.”
According to their court papers, available on the SERI website, the rights group and Abahlali Basemjondolo seek an order against the Executive Mayor of eThekwini (Durban), together with two other senior officials, to carry out the municipality’s obligations listed in the eviction order.
“One of the conditions of the eviction order was that the occupiers would be provided with permanent housing within a year.
“The deadline for doing so expired almost two years ago and nothing has been done to comply with the order,” it read.
Zikode said they had served the court papers and were awaiting a response from the municipality.
At the time of going to press, municipal spokesman Thabo Mofokeng could not confirm whether or not they had received these papers.