http://www.thenewage.co.za/62905-1010-53-Houses_ordered_for_38_families
Houses ordered for 38 families
Chris Makhaye
The Durban High Court has ordered the Ethekwini municipality to relocate into proper houses 38 families from Siyanda, north of Durban, who are living in the transit camp also known as Tin Town. The city had 90 days to comply.
The court ruled in favour of residents who were removed in 2009 to make way for Dumisani Makhaye highway and put into the Richmond Farm transit camp with promises that they would be relocated within months.
Abahlali Base Mjondolo, a shack-dwellers organisation, took the city to court to compel it to house the displaced families in formal houses. In March 2009 the court ordered the municipality to relocate the displaced families. But this week the matter went back to court after the families were not relocated. Yesterday Acting Judge Nigel Hollis ordered the city comply with the previous court order or risk heavy penalties.
Lawyer Jeff Budlender argued for the 38 families, saying the Ethekwini executive mayor, city manager and director of housing should be penalised or even sent to jail for failure to heed the last court order.
Acting Judge Hollis ordered the municipality to take all necessary steps to ensure that municipality comply with the terms of the March 2009 court order within 90 days or face further censure.
Sbu Zikode, chairman of Abahlali, said the judgment was huge boost for people living in the transition camps.
“There are thousands of people who have been dumped into these tins and this judgment means that they can now take the authorities to task. While we celebrate this victory we fear that the authorities may use heavy-handed tactics against us, as happened in 2009 when we won a court victory,” he said. “We as Abahlali maintain that transit camps represent apartheid style indignity which must be fought.
“We believe we have reasonable grounds for success and will continue to struggle against transit camps in the courts, on the streets and in communities,” he said.
Thabo Mofokeng, spokesman for the Ethekwini municipality, was not available yesterday.