Author Archives: Abahlali_3

Threats of Violence Against Tomorrow’s March

6 December 2012
Abahlali baseMjondolo Press Statement

Threats of Violence Against Tomorrow's March

Our movement often gets reliable information from within the ANC and government structures from people that are sympathetic to our movement and our struggle. Today we have been informed by a number of highly credible sources that the Ward 23 Councillor, Themba Mtshali, and the chairperson of the local BEC of the ANC, have been mobilising people to disrupt our march tomorrow. We have been told that they aim to prevent the march from going ahead and to use their own violence to justify the illegal ban on our march.

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Memorandum of Demands to the Premier of the Province of KwaZulu-Natal Dr. Zweli Mkhize and Cllr Themba Mtshali

Memorandum of Demands to the Premier of the Province of KwaZulu-Natal Dr. Zweli Mkhize and Cllr Themba Mtshali – Delivered by a March on the Offices of Themba Mtshali on Friday, 7 December 2012

We, the residents, men and women, of Ward 23 and members of the Abahlali baseMjondolo Movement SA in KwaZulu-Natal are democrats committed to the flourishing of this country. We speak for ourselves and direct our own struggle. We have been mobilized by our own suffering and our hope for a better future.

It is time to take seriously the fact that land is a serious problem in our country. It is time to take seriously that land was stolen from our ancestors and that this has impoverished us. It is time to take seriously that housing development in this city is a corrupt mess that does not just leave us without houses or services but has also terrorized our communities.

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Letters from Jane Duncan on the Unlawful Banning of an AbM Protest by the Sydenham SAPS

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To: Captain Govender
Metro Police Special Events
eThekwini Municipality
Fax: 0313044353

6 December 2012

Dear Captain Govender,

Re: Attempt to prohibit Abahlali base Mjondolo march on Councillor Themba Mtshali’s offices

I am writing in connection with an attempt by the South African Police Service (SAPS) from the Sydenham police station to prohibit a march proposed by the Ward 23 community in Clare Estate, which includes the Palmiet branch of Abahali base Mjondolo, on the offices of Ward 23 Councillor Themba Mtshali. The march was meant to take place on Friday 7 December 2012. The convenors provided adequate notice for the march.

The march is meant to begin at Palmiet Park, Palmiet Road in Clare Estate, proceed down O’Flaherty Road, onto Quarry road and then end at the Aquarius building on Mountbatten Drive, where his clr. Mtshali’s offices are. The Premier of the Province, Dr Zweli Mkhize, has apparently agreed to accept the memorandum.

Apparently, the SAPS have insisted that the convenors must first seek permission from the Reservoir Hills shopping mall, as the proposed route will take the march past the mall, as well as the owner of the building where the Council offices are held.

I have been involved in research and advocacy work on the Regulation of Gatherings Act and its application for a number of years, and am currently co-ordinating a project at the University on the Act, its application and its violation: hence my interest in the matter.

The Act does not require the convenors to seek permission from either of the above mentioned parties. The protestors will be using public roads and spaces for their protests, and apparently have no intention of entering either the shopping mall or the councillor’s officers.

This means that the Act, and the Act alone, governs the conduct of the marchers, as the Act applies to gatherings taking place in public spaces.Furthermore, the Act merely requires the convenors to notify the Municipality of their intention to march, which they have done. The march is therefore automatically lawful, unless it can be shown that the conditions for prohibition as set out in the Act apply, and there is no indication in this case that they do. The reasons given for wanting to prohibit the march are not recognised by the Act and are not lawful.

Unfortunately, all too often, reasons like the ones given are used to prohibit marches unlawfully, thereby depriving the affected communities of their constitutional right to assembly, demonstration and picket.

I appeal to you to ensure that the march is allowed to proceed as planned.

Sincerely,
Prof. Jane Duncan
Highway Africa Chair in Media and Information Society
School of Journalism and Media Studies
Rhodes University
0827863600

Letter from the Socio-Economic Rights Institute on the Unlawful Banning of an AbM Protest by the Sydenham SAPS

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Mr Sibusiso Sithole
City Manager, eThekwini Municipality
Per fax: 031 311 2170
Per email: dovec@durban.gov.za

Colonel de Villiers
Station Commander, Sydenham SAPS
Per email: SYDENHAM-SAPS@saps.gov.za

RE: PROHIBITION OF PALMIET ABAHLALI BASEMJONDOLO BRANCH MARCH

Dear Sir and Madam

The Socio-Economic Rights Institute of South Africa (SERI) is a non-profit organisation providing socio-economic rights assistance to individuals, communities and social movements in South Africa. Our thematic areas are: housing and evictions; access to basic services; and political space. The SERI Law Clinic acts as lawyers for Abahlali baseMjondolo (Abahlali) in a number of cases.

SERI has been informed that a peaceful march planned by the Palmiet Road shack
settlement Abahlali branch in Clare Estate, due to take place on Friday 7 December, has been prohibited. The march is being held to protest the erosion of local governance and democracy and lack of basic services in the ward. On 19 November 2012, Abahlali gave written notice of their intention to hold the march, which is ample notice in terms of the law.

However, it appears to SERI that a number of concerning issues have arisen which are not in line with the spirit or letter of the Regulation of Gatherings Act 205 of 1993.

First, after receiving an acknowledgment of receipt their letter of notice, Abahlali was subsequently informed that it had been lost. Further, attempts to confirm receipt of the notice were futile, as none of the contact numbers provided for the Metro Police worked.

Second, it appears Abahlali was informed that they cannot be given “permission” to march unless the person who the memorandum is addressed to agrees to accept it.This is not the case and all the Regulation of Gatherings Act states is that “if a petition or any other document is to be handed over to any person, the place where and the person to whom it is to be handed” must be provided on the notice.

Third, at a section 4 meeting chaired by Captain Govender from the Metro Police on 5 December 2012, it appears that an officer from the Sydenham SAPS stated that the march could not go ahead as Abahlali had not received a permit from the Reservoir Hills shopping mall (which the march passes by) or the Aquarius building (where the march is due to end, at the office of the ward councillor). The march is not taking place on either of these private properties, and permission is thus not required by the owners.

Further, in terms of the Regulation of Gatherings if a convener has not, within 24 hours after giving notice, been called to a section 4 meeting, the gathering may take place in accordance with the contents of the notice. The late notice at which the section 4 meeting was called is extremely problematic, so too are the grounds on which the protest has been prohibited.

In terms of the Regulation of Gatherings Act, gatherings should only be prohibited in exceptional circumstances where credible information on oath is brought to the attention of a responsible officer justifying the prohibition. This can only occur if he/she can prove that the following will take place and that it will not be possible for the police to prevent them: the gathering will result in serious disruption of traffic; the gathering will result in injury to
participants gathering or other persons; and the gathering will result in extensive damage to property.

There is no absolutely no evidence that any of these three scenarios is a concern (Abahlali marches have always been peaceful in the past). In the circumstances, Abahlali is fully entitled to proceed with the proposed march and intends to proceed notwithstanding the purported ‘prohibition’. Any attempts to stop the march from going ahead will constitute an abuse of power and will be contrary to the Regulation of Gatherings Act and the Constitution of the Republic of South Africa.

Yours sincerely,
Kate Tissington
Senior Research and Advocacy Officer
Socio-Economic Rights Institute of South Africa (SERI)
Email: kate@seri-sa.org

cc.
Dr Zweli Mkhize,
Office of the Premier, Province of KwaZulu-Natal
Per fax: 033 342 7368

Captain Govender
eThekwini Metro Police Special Events
Per fax: 031 304 4353

SAPS Attempt to Illegally Ban Protest in Durban

Abahlali baseMjondolo Press Statement
5 December 2012

SAPS Attempt to Illegally Ban Protest in Durban

The Abahlali baseMjondolo branch in the Palmiet Road shack settlement in Clare Estate, Durban, has decided to march on the Ward 23 councillor, Themba Mtshali. They have been supported in this decision by all other Abahlali baseMjondolo branches in the ward.

Mtshali is one of the shack dwellers who became a councillor in the last local government elections as part of the ANC's strategy of trying to contain our movement – a strategy that has included serious repression and intimidation, attempts at co-option, channelling our victories through ANC structures and bringing non-AbM shack dwellers into positions of leadership in the local party structures. However like all other councillors Mtshali is remoted from above and is only an instrument for implementing top down decisions by the party and municipal structures. He does not engage people democratically. In fact it is impossible to even arrange a meeting with him. He has failed the people of Ward 23 and in particular he has failed the poor of Ward 23. Even though he was poor himself a few years ago he is now a councillor and so, as with all councillors, we are not worthy of respect in his eyes because we are poor.

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