Category Archives: Daily News

Daily News: Advocates slam council demolitions

The Municipality is lying. They are evicting the people who went to court and the people that occupied this land are not new arrivals – they are people who have long lived in Cato Crest and were made homeless by illegal evictions.

Advocates slam council demolitions

http://www.iol.co.za/news/crime-courts/advocates-slam-council-demolitions-1.1583137#.UkQ709KnrQg

September 26 2013
By MPUME MADLALA and NOELENE BARBEAU

Durban – The ongoing demolition of shacks at the Cato Crest informal settlement in Durban, despite several court interdicts preventing it, has raised the concern of South Africa’s advocates’ body.

The General Council of the Bar of South Africa (GCB) has criticised the eThekwini Municipality for sending its Land Invasion Unit to destroy the shacks.

Advocates who are members of the GCB are competitive specialist advocates who are experts in trial, motion court, appellate and opinion advocacy.

Each province has a Bar association that is affiliated to the GCB.

Over the past two weeks, the affected residents had been evicted and left homeless three times, said council chairman, advocate Ishmael Semenya.

At least one shack dweller was wounded in skirmishes with the unit at the weekend.

“The residents have urgently approached the high court on no less than five occasions, claiming that their eviction was unlawful. They have obtained three interim court interdicts, restraining the Durban municipality from evicting them again without a court order, and have subsequently rebuilt their homes,” he said.

Despite this, the Land Invasion Unit had returned to the settlement and once again destroyed homes.

“The General Council of the Bar notes reports that the residents were driven to occupy land at Cato Crest earlier this year after they were excluded from a project intended to provide housing to them and others in a nearby informal settlement.”

Semenya said section 26 of the constitution entrenched the right of access to adequate housing and protection from arbitrary eviction.

“It is a matter of grave concern that, despite their repeated attempts to follow due process of law in enforcing their constitutional rights, the residents, including many women and children, have been left homeless and destitute,” he said.

Constitutional law expert, Professor Pierre de Vos, said the municipality was required to obtain an interdict to demolish the shacks if people were living in them.

“There was a similar situation in Cape Town until the municipality established a law that they had a right to demolish houses,” said De Vos, who is a lecturer at the University of Cape Town.

“The large problem here is that the (eThekwini) municipality is not respecting the law. This appears to be a systemic problem where the municipality does not seem to understand or recognise that there’s a legal framework and they can’t just demolish homes.”

De Vos suggested that the lawyers acting for the Cato Crest residents should try to get a “structural interdict” to prevent the municipality from demolishing any shacks.

The municipality would be required to justify its actions if it persisted in tearing down the shacks, he said.

The municipality’s spokesman, Thabo Mofokeng, said the Bar’s concerns were noted but suggested that a meeting be set with the Bar and the city to discuss the issue privately.

“We have respected the court process and have always complied with the court orders. We have never touched the court applicants’ homes,” Mofokeng said, referring to the 30 Cato Crest shack dwellers that had gone to court.

Mofokeng also hinted at the city’s holding a media conference on the issue, adding that it would not stop dealing with land invasions.

“We have done all the available remedies to deal with these land invasions,” he said. “We cannot allow invasions to continue.”

Daily News: City manager must explain ‘political evictions’

http://www.iol.co.za/news/crime-courts/city-manager-must-explain-political-evictions-1.1575790#.UjADh9LTx34

City manager must explain ‘political evictions’

Durban city manager, Sbu Sithole, and the head of the city’s land invasion unit, Harvey Mzimela, could face up to 30 days imprisonment following what has been labeled as “political evictions” in the Cato Crest area.

The two city bosses have until Thursday to state – in court – why such sanctions should not be imposed on them for being in contempt of a court order.

The city has denied it is in contempt of court.

Last week the eThekwini municipality carried on evictions in Cato Crest despite being interdicted by the court from carrying out any more evictions and demolishing shacks in Cato Crest.

Shackdwellers’movement, Abahlali BaseMjondolo, and 30 other applicants had gone to the Durban High Court on September 2 to challenge the evictions that were carried out in the area by the municipality, despite an August interdict.

An order was granted that the municipality cannot carry out evictions in the area without a court order.

This is after Abahlali claimed that about 15 shacks were demolished, eight of which belonged to people who had secured an interim order interdicting the municipality from demolishing their homes or evicting them.

On September 6 the court ordered that the evictions be explained by the city, or else they could face 30 days in jail.

Spokesman for the city, Thabo Mofokeng, said the municipality respected the court order, but denied that its actions had been in contempt of any previous court order.

“The court order protected 11 structures that had already been erected at the time the order was obtained.

“Some people continued to erect new shacks which were then demolished by the municipality.”

He said the The 11 structures protected by the court order had remained untouched, “so there was no defiance of the court order”.

In the contempt of court case the judge ordered that as an alternative to the 30 days (or an appropriate sentence), the city could comply with the original order, and in which case the imprisonment would be suspended for a year.

If the city failed to comply, the order stated, then the applicants could apply to have the jail term implemented.

Abahlali has accused the local ANC councillor and city bosses of being behind the evictions, which it said started because the people involved were Xhosas, before evolving into politically-motivated evictions. The movement claimed that the evictions had been discussed by the executive of the local ANC branch before they were carried out.

They have also claimed that some of those opposing the evictions were assaulted by the police. The station commander of the Cato Manor police station is one of the respondents in the case.

“They (police) brutally beat the people, shot them with rubber bullets and sprayed them with tear gas.

“These police also had dogs.

When people ran away the police even followed them even into their hiding (place) and continued to beat them there,” the movement said in a statement after the evictions last week.

Abahlali spokesman, Sbu Zikode, said their hope was now in the court:

“They went against a high court ruling and the constitution of this country. They are not using their brains, but only their powers.”

Daily News: 800 homeless after fire

http://www.iol.co.za/dailynews/news/800-homeless-after-fire-1.1557512#.Uf-2h9IyZ-c

800 homeless after fire

by Mpume Madlala & Lauren Anthony

Their faces grim and strained, shack dwellers picked through the charred rubble of their homes on Sunday after a devastating fire left one dead and about 800 without shelter.

There were reports from residents that three fires had broken out on Saturday night. The first two were controlled but the last one at about 9pm destroyed 258 of the 280 shacks at the Matambo settlement in Red Hill, Durban.

For many, the hope of finding any possessions that may have been spared the ferocious fire, was in vain.

People scrambled to find their belongings but most had been destroyed, said Robin Candy, chairman of the Greenwood Park community police forum.

He said the ruins were still smouldering on Sunday.

“About 90 percent of the shacks were burnt and I think some of the bordering houses might have been damaged,” said Candy, who was called to the scene and witnessed the inferno.

Shack dweller Bheki Sozoyi, 35, said he awoke to a scene of chaos, screams and utter devastation.

Sozoyi said all he saw was raging flames coming from all directions and people running.

“I also decided to run for my life with the rest,” he told the Daily News on Sunday.

“After the fire was put out hours later, I realised that I had not seen my uncle and along with some neighbours went to where his shack was.”

Sozoyi said he was in shock when he saw the charred remains of his uncle Bill’s body on the bed.

“We called the police who were still around and his remains were taken away. I was crushed that I was not able to save him because he was very good to me,” he said.

Sozoyi said that when he went back to his uncle’s shack on Sunday to see if he could salvage any of his belongings, he made yet another gruesome discovery.

“I found his bones which I think were his legs,” he said. “I still cannot believe that he died in such a horrific way. I will never forget this day.”

Sozoyi said he had last seen his uncle, who was about 60 years old, on Saturday afternoon when they had chatted over drinks with a few friends.

“Life is really unfair. Just yesterday (Saturday) he was alive and well and now there is almost nothing left of him,” he said.

They had lived at the settlement for more than 17 years after relocating from the Eastern Cape to find work.

Another resident, Sthembiso Mkekeni, said the events of Saturday night were “very strange” as there were three separate fires at the settlement that night.

“It was about 8pm on Saturday when a shack went up in flames but we managed to put the fire out. Not long after, another shack went up in flames and we put it out. But the fire at 9pm was just too great and there was nothing we could do but run for our lives.”

Mkekeni said most of the residents were unable to save anything from their shacks. He said it appeared that one of the shacks had contained a lot of plastic, which made the fire spread even faster.

“It is so hard for us. We basically spent the rest of the night sitting on the road and wondering what we were going to do. Even now, we still don’t have a plan,” Mkekeni said.

Ward councillor Deochand Ganesh said the fire started just after 8pm at the lower end of the settlement and spread quickly.

“One elderly man was trapped in his shack and was killed. There were other minor injuries but not life threatening,” he said.

“Thirty-nine shacks were saved because they were separated by a road.”

Ganesh said tents were being put up and some people had offered garages at businesses as temporary shelter.

“Sassa (the South African Social Security Agency) has come on board to issue grant cards and food parcels and a food kitchen is being set up.”

He said the homeless should not expect to be given permanent alternative shelter immediately.

“People must be patient with the council because there is a backlog of houses,” he said.

“Distribution can’t be determined by damage to houses because then it encourages people to start their own fires.”

Wilfred Mkhwanazi, spokesman for eThekwini Disaster Management, told the Daily News he was on site trying to verify the number of people displaced and shacks destroyed.

“There are about 258 shacks that were destroyed which we could verify by the numbering. We think about 800 people have been displaced but that’s hard to verify because some say there were 10 in a shack. This hasn’t been confirmed.”

Mkhwanazi said they would erect a tent to house the women and a separate tent for men as well as toilet facilities.

“Sassa is assisting with food parcels and a number of NGOs have been called on to assist, such as the Red Cross.”

He said disaster management would provide soup and blankets.

Last week it was reported that Matambo residents had tried to build shacks on privately owned land nearby.

Ganesh said landowners had removed the shacks and building had since stopped.

“For the sake of peace we decided to put the plan on hold until we get clarity on whether we can build or not,” Mkekeni said.

Daily News: Shack dwellers take city to court

http://www.iol.co.za/dailynews/news/shack-dwellers-take-city-to-court-1.1385328#.UFiB0LLiax4

Shack dwellers take city to court

September 18 2012
By Rizwana Sheik Umar

Residents of a KwaMashu informal settlement and the shack dwellers’ movement Abahlali baseMjondolo have taken the eThekwini Municipality to court for failing to comply with a court order to provide homes for residents evicted from the area.

In 2009, residents of the Siyanda settlement near KwaMashu were evicted from their shacks by the Department of Transport and relocated to transit camps to make way for the construction of Dumisani Makhaye Drive. Continue reading