‘Homeless Take Durban to Court’
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Category Archives: Richmond Farm Transit Camp
Abahlali baseRichmond Farm are taking the eThekwini Municipality to Court
16 September 2012
Abahlali baseMjondolo Press Statement
Abahlali baseRichmond Farm are taking the eThekwini Municipality to Court
In 2009 Siyanda residents near KwaMashu were evicted by the Dept. of Transport and relocated from their shacks into Transit camps so they could build the road which is known as Dumisani Makhaye (R577). The residents contested the eviction in the streets and in the courts but an eviction order was granted by the Durban High Court and the residents were evicted and relocated on 17 March 2009. However the court order that was given stated that all basic services should be provided in the transit camps and that the residents should all be moved to formal houses within 12 months. Water, electricity and sanitation were not provided and the residents are still rotting in the transit camp. The municipality has simply ignored the court order. Moreover for the past 3 years their children have suffered the pain of walking a long distance to their schools because of the relocation.
Papers for the Richmond Farm Transit Camp Case Against the eThekwini Municipality
For a collection of media on The background to the struggle in the Richmond Farm Transit Camp, and this court action, click here.
IOL: Mayor, city are ‘in contempt’
http://www.iol.co.za/dailynews/news/mayor-city-are-in-contempt-1.1246499
Mayor, city are ‘in contempt’
By Anelisa Kubheka
Three years after being evicted and promised permanent homes, former residents of Siyanda Informal Settlement near KwaMashu are suing the eThekwini Municipality and its officials for not complying with a high court order.
It has been lodged by 37 residents who have been temporarily housed in transit camps on Richmond Farm, as well as Abahlali Basemjondolo – the South African shack dwellers movement. They want the mayor, city manager and head of housing to be held responsible, in their official and personal capacities, to be held in contempt of court for not complying with an order granted three years ago.
The Durban High Court order, granted in March 2009, compelled the municipality to correct the misallocation of houses designated to these residents at the Khulula Housing Project, by providing them houses of the project or to provide other houses commensurate to those in the project.
The municipality was also ordered to investigate the corrupt allocation, by its employees, of RDP houses in the housing project.
As it has been three years with no word from the municipality, the Socio Economic Rights Institute of South Africa’s (Seri) attorney for the families has filed court papers calling for them to comply with the eviction order and provide an outcome of the municipality’s investigation.
The municipality must also show what steps it has taken and will take in future, to comply with its obligation to provide permanent houses.
Should the municipality not comply, the residents would make an application for them to be held in contempt of court.
Abahlali Basemjondolo chairman, Sbu Zikode, said: “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.”
He said the municipality was indirectly feeding this corruption by not following the more than two-year-old order.
,strong>Illegal
Daily News: City top brass could face jail time over Abahlali court order
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.