Author Archives: Abahlali_3

The truth about rights in South Africa

http://www.thoughtleader.co.za/lawyersforhumanrights/2013/05/24/the-truth-about-rights-in-south-africa/

The truth about rights in South Africa

Iqbal Suleman

Rights ranging from access to land to access to justice are entrenched in our Constitution. These rights are presumed to be available and readily accessible to everyone. The Constitution tells us that we all have equal rights but the reality shows us otherwise.

In a free market economy, nothing is really free. From access to housing, healthcare, education and justice. It all has a price. If you cannot afford it, you cannot access it.

What do you mean justice is inaccessible and market driven, you hear neo-liberals cry. There are human-rights NGOs, legal aid, university law clinics and pro bono attorneys. It remains unsure, though, how many people are able access these mainly urban-centred, rights-based organisations and what capacity these organisations have.

Statistics show us that at least 50% of the population lives in rural areas. So what about the millions unable to access legal services. Two horrors facing the poverty-stricken of our country are job losses and eviction. It is true that a farm worker dismissed in a rural area can refer an unfair dismissal to the CCMA without incurring legal costs but when he is fired, he doesn’t have the money for daily necessities, let alone money to travel to the arbitration process. It is arguable then that he cannot pursue his constitutional rights as a worker.

Legally, a person unable to pay rent cannot be evicted unless given alternative accommodation. The Prevention of Illegal Eviction Act makes it unlawful for a hard-nosed landlord to dump a tenant out on the streets. But how many people know about this right and how many can actually access a lawyer to challenge the eviction in court? Few, if any. So as the old adage goes, a few trees do not make a forest. Rights-based organisations are like a few trees that shine in the dark. They provide free legal services to the poor who cannot afford it. They play an important role in defending the rights of poor but because of limited resources and capacity not enough people are fairly represented. Neo-liberals would have us believe that the few trees make up the forest. They don’t. All of these rights exist within a free-market context. They are commodities. They have a market value. A price. This is the way it is. If you can’t cough up the bucks, then you are out of luck. The propertied and moneyed class can afford the best legal services. The poor cannot. What is on the surface, presented as a level field of justice, is in reality far from it.

A referral of an unfair dismissal can be issued by a worker without the help of an attorney. Workers are mostly under-represented in arbitration. On the other side, employers are always represented legally. According to the Tokiso 2012 Dispute Resolution Digest “employers win approximately 67% of CCMA arbitrations”. This clearly refutes popular perceptions that the Labour Relations Act and CCMA is pro-worker and anti-employer. These statistics are indicative of the uneven power relations between employer and employee. This prejudices the employee from the outset.

Even in the instances where the employer loses, he will delay the legal process and frustrate administrative justice. As a result, even in the rare 23% of cases where an employee swings arbitration in his favour, the employer will take the case on review, knowing the employee does not have the means to challenge it in the Labour Court. Instead of paying the worker what is due, the employer will spend ten times the amount in legal fees because he can. To ensure the worker doesn’t think about pursuing the matter, the employer threatens him with a costs order. In this way, a large percentage of awards which are issued in favour of workers are not enforced. This amounts to paper and procedural justice.

For the working class who are evicted and dismissed on a daily basis, justice in the real sense remains elusive unless we conceptualise justice in the neo-liberal tradition of procedural justice. The truth is that access to justice in a capitalist context is only accessible to the elite. In our country, 50% of the population earns 8% of the national income while the other 50% earns 92% of the national income. This is class apartheid. Most people cannot access legal services. Like the doors to the Palace of the Lost City Hotel are closed to the poor so, too, are the doors of justice.

Marikana comes for surprise protest at “Open Streets”

25 May 2013
Abahlali baseMarikana

Marikana comes for surprise protest at “Open Streets”

Members of Abahlali baseMarikana have come to Observatory in Cape Town
to occupy and participate in a surprise protest at the Open Streets
initiative which is backed up by the City of Cape Town. Open Streets
aims to promote use of roads and public space for people and without
cars. They are encouraging bicycle use, roller skating, etc. But we
think that Open Streets should mean more than that. We think we need
an open city that is open to the poor, that provides the poor with
land and housing. We therefore are coming to disrupt the exclusion of
Open Streets to tell everyone of the Closed City we live in.

The City of Cape Town which supports Open Streets, does not support an
Open City. We the poor are excluded. Our homes are destroyed by the
Anti-Land Invasion Unit, we are evicted from empty public land that is
meant to be shared with us, we are beaten by the police that protect
the rich and we are left without a roof over our heads. Our protest
today is to claim the city. This is why, today, we are moving our
Marikana settlement to the streets of observatory so the privileged
classes participating in Open Streets can see how we are forced to
live by the government that they support

There can only be really open streets if the city is open too.

For comment, contact Sbu @ 0603147788 and Cindy @ 0760866690 and Vusi
@ 0839571102 Or just find us on Lower Main Road in Observatory after
1pm

The Daily Maverick: Welcome to Marikana, Cape Town

http://www.dailymaverick.co.za/opinionista/2013-05-22-welcome-to-marikana-cape-town/

Welcome to Marikana, Cape Town

by Jared Sacks

Earlier this month, I spent a night with the Marikana community in Philippi East, Cape Town. What I found was a community fighting hard to protect itself – and others – from the might of the City of Cape Town, which has forcibly evicted them over half-a-dozen times. For these people, who are down to one tent to protect them from the elements, the struggle is only beginning.

On Saturday 18 May, I was invited to stay the night with the Marikana community in Philippi East, Cape Town. If my current count is correct, the City of Cape Town has now evicted them at least seven times – sometimes with brutal force. As legal experts such as Sheldon Magardie, Stuart Wilson and Pierre de Vos have said, these evictions are illegal and unconstitutional. Yet the people of this new community are still living each and every day on the land. Why? Simply because in this uncaring city, they have nowhere else to go.

I parked my car safely in the yard of some friends of the Marikana community. I then walked towards the settlement, passing their new “Welcome to Marikana” signs at the entrance and minding my way past the remnants of yet another illegal eviction only the day before.

It was already dark and cold, so people were huddled around a pair of gallies (bonfires). Staring into the fire, they tried to take their minds off their predicament. The local “clown” (as he called himself), named Sbu, was the most vocal. He spoke about his time working as a “chef”, preparing food to be cooked at a few restaurants in town. He debated well into the night with another resident, who used to work in the kitchen of another food joint.

Sbu reminds one of Dave Chappelle: a goofy comedian who makes social criticism a consistent part of his act. Yet, when it is time to be serious in defence of the community, there is no one more firm and fearless than he. People look up to Sbu for his bravery.

Then there is Makhulu, who braaied me a couple of rostiles over the fire a few days before. She is old enough that one would expect her to at least have a roof over her head rather than still be fighting for the small piece of land that she has now made her home. She is living proof that even elderly citizens in this country are treated without respect. In Marikana, Makhulu seems to be one of those dignified and seasoned community members who makes things right during community conflicts.

itting by the fire, I can see how every community member is playing a vital role in making sure their struggle for land and housing moved forward. No one is expendable in Marikana. Even while there are certain unjust hierarchies being reproduced inside the community – especially where sexism forced women into certain roles – women in the community are still valued as leaders and take an active role as such. The same cannot be said for the city of Cape Town as a whole. Certain people in this city, such as the people of Marikana itself, are expendable and deemed a nuisance to be forcibly removed, beaten, and jailed.

Why is it that the roof-less residents of Marikana can treat one another with respect and dignity, when wealthy and sheltered government officials and politicians have so little regard for people like Sbu and Makhulu?

Near midnight, the women (about 15 of them) went one by one to the large tent to sleep. This tent is put up every evening and taken down every morning so that the Anti-Land Invasion Unit isn’t given another excuse to harass and attack them. They cannot let government take their only protection from the rain and wind.

I eventually went to sleep in a small open-air shack that fits five people at most. My bed was a hard wooden bed frame covered by a single blanket to provide minimal padding. I would have preferred to sleep straight on the floor if it weren’t for the threat of scorpions crawling into one’s blanket. Yet I slept with more comfort than Sbu, who slept outside, and whose makeshift bed was a collection of beer crates.

Another community member, Vusi, slept sitting on a chair next to the fire, with only a single blanket. Vusi used to be part of a well-known Cape Flats hip-hop group called ETC. He also used to work in the film industry and made enough money that at one stage he rented in Gardens, near the Cape Town CBD. Yet, for whatever reason, a few years ago his employers moved to Jo’burg, he lost his job, and he was never able to recover. Vusi explained to me the difficulties of trying to work while living in the townships without a car, yet needing to somehow get to film shoots by four or five in the morning. It is nearly impossible to keep a job in that industry if one lives in Philippi East without access to private transport. Without a job, things deteriorated so much for Vusi that he joined the Marikana land occupation.
Finally, there was Siphiwo, one of the community leaders. He did not sleep at all because he sat next to the fire watching over the community the entire night. I wonder what he was thinking about the whole time. His family? His job? Was he trying to figure out a way for them out of this terrible situation? Was he thinking about his two comrades, Avela and Unathi, who were in Philippi East police station for the entire weekend? (The good news – finally – is that Avela and Unathi had their case thrown out of court on Monday). Siphiwo is a shop steward with a small and obtuse trade union named UASA (or United Association of South Africa). He knows that one must fight for every bit of scrap he gets – that without collective action, Marikana is nothing.

I asked him whether UASA had provided solidarity to the community in any way. He was slightly confused; he said no. Marikana residents who were members of other trade unions such as NUMSA and NUM also have failed to get their organisations to take notice. How is it that most unions forget that the struggle exists in the community just as much as it does in the workplace?

The next day, I woke up and stayed around for a few hours chatting to people. They fed me breakfast: rice, potatoes, some gravy and a few tiny flakes of chicken – so little chicken, in fact, that the meal might as well have not had any at all. I went home around lunchtime to take a much-needed shower. Some community members also left to clean up at the houses of their friends or family. However, most stayed right there, sitting by the fire, contemplating what to do next.

I also contemplated how the City of Cape Town seems to be engaged in an asymmetrical war with its poorest residents. There is so much empty land in this city. Only small portions are being allocated to housing the poor. Most of the land is being sold off to rich developers and the rest is just being sat on until the land becomes valuable enough to sell. This is not to mention the huge swathes of City-owned land being used as a golf course or for fancy parks for the rich and middle class.

This city is not working – at least not for the million residents without adequate, affordable and stable housing.

Eleven Abahlali Members Arrested in KwaNdengezi; Nqola Assaults Activist

Update: The nine comrades were released on bail of R500 each. They will appear in court again on 7 June 2014.

Sunday, 19 May 2013
Abahlali baseMjondolo Press Statement

Eleven Abahlali Members Arrested in KwaNdengezi; Nqola Assaults Activist

The Abahlali baseMjondolo KwaNdengezi branch have vowed to challenge the authoritarian rule of the KwaNdengezi councillor Mduduzi Christian Ngcobo who is known as Ngola.

Nqola continues to plan housing development in the area and to construct, employ and allocate housing on his own without involving the community in any decision making. He continues to intimidate and assault activists in the community. He continues to give houses to the people that are not from the community. In all of these actions he claim that he has the full support of the eThekwini municipality.

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