Category Archives: symphony way

SAPA: Symphony Way Pavement Dwellers Get Reprieve

This article was also published in the Citizen.

COURT-DELFT
CAPE TOWN June 9 Sapa
SYMPHONY PAVEMENT DWELLERS GET REPRIEVE

There were cries of “hallelujah” in the Cape High Court on Tuesday when pavement-dwellers from Delft on the Cape Flats won a reprieve in their fight against eviction.

Acting Judge Jake Moloi “reluctantly” granted their request for a postponement of the eviction application, which was supposed to be argued on Tuesday.

He ruled instead that the matter be heard on September 3, and ordered 139 families facing eviction to file answering papers by June 30.

So far they had filed nothing, and the court did not know whether their opposition to the eviction was valid or frivolous, he said.

The application was brought by the City of Cape Town, acting on behalf of the Western Cape provincial government.

The families are among those who illegally occupied newly-completed homes in Delft intended for beneficiaries of the N2 Gateway project.

When they were evicted in February last year, they chose to erect shelters on the pavement of Symphony Way, rather than move to rudimentary corrugated-iron homes offered in a temporary settlement area nicknamed Blikkiesdorp.

The families did not have legal representation on Tuesday.

Instead, the bid for the postponement was argued on their behalf by Ashraf Cassiem of the Western Cape Anti-Eviction Campaign.

“I’m happy that the court is finally listening to poor people
who cannot afford legal representation,” he told Sapa afterwards.

He said the families wanted to be evicted, but to proper homes, not a temporary relocation area.

“We will willingly go today if they make that proposal,” he said.

About 50 pavement-dwellers and their supporters, closely watched by police, attended the hearing.

They applauded when Moloi announced his decision, ululated, whistled and shouted.

Source : Sapa /dbm/clh

Date : 09 Jun 2009 13:02

Cape Argus: Why we refuse to vote

Why we refuse to vote

By Staff Reporters and Sapa

A community living on the fringes of Cape Town is sick and tired of being used by politicians, and won’t vote in Wednesday’s elections.

The Symphony Way pavement dwellers, who set up house on the pavement of Delft Street and are refusing to budge until they get proper homes, have accused political parties of trying to bribe them with offers of help only during election time.

The residents, wearing T-shirts bearing the slogan “No Houses, No Land, No Vote”, said COPE went as far as to offer to provide an advocate to help them in their court battle against their eviction.

There are no election posters here.

Anti-Eviction Campaign secretary Kareemah Linneveldt said they told parties not to put up posters because they would have no interest in elections until they had proper housing.

“For 13 months we have lived on the pavement and not a single politician visited us. Now everyone is offering us help,” she said.

The Symphony Way residents were back yard dwellers who illegally occupied newly built houses in Delft before moving to the pavement.

Of the COPE offer, Linneveldt said: “We were told that if we won the case, we should say COPE won it for us, and that we should wear their T-shirts and support them.”

News of their planned stayaway – and a similar action by residents of nearby Blikkiesdorp, many of whom were moved from Symphony Way – comes as expatriates in London have shown astonishing enthusiasm.

In London, 7 427 South Africans were registered – and voted at the high commission in Trafalgar Square last week.

Government spokesman Themba Maseko said: “The enthusiasm evident in those who queued outside South Africa House throughout the day bodes well for creating the atmosphere for more South Africans to return and make a contribution through deploying their skills in the nation-building effort or creating more jobs.”

Meanwhile, a new survey points to the Western Cape as having the highest incidence of ANC intimidation ahead of the elections.

The latest Ipsos Markinor survey, released on Monday, warned that the province could be a “political hot spot” on Wednesday.

Townships where ANC support is high could be volatile, it said.

Conducted between February and March, the study drew information from 3 531 respondents across South Africa.

Researchers aimed to assess political intolerance, particularly after COPE’s arrival on the political scene in October.

Findings include that the ANC and COPE are the first and second least-liked political parties.

They are also “equal recipients of intolerant attitudes”, with 16 percent and 13 percent of eligible voters in the survey stating these were the parties they most dislike.

COPE has displaced the ANC Youth League, which tied with the DA at 9 percent, as the second least-liked political group.

Because no party received more than 16 percent, the survey found political intolerance remained “broad-based rather than focused on one specific party or group”.

The survey said many respondents cited the ANC as guilty of intimidation in the Western Cape because of the “contentious nature” of politics in this province.

“The Western Cape also has the largest number of independent voters and therefore there is much at stake for political parties contesting the provincial ballot.”

Respondents were asked which parties had been guilty of intimidation in their own communities, and 11 percent cited the ANC. The IFP came second with 10 percent, followed by Cope with 8 percent and the DA with 3 percent.

Though the Symphony Way and Blikkiesdorp residents know they need help, they won’t accept it now from politicians with “hidden agendas”.

“Where were all of the parties when we moved here?

“Because we’re poor, they think they can come here and bribe us. It doesn’t work that way,” Linneveldt said.

Cope responded that while it had been involved in helping communities with grievances, it had not officially offered to help these residents with their court case.

Provincial spokesperson Nils Flaaten said many COPE members had volunteered to help communities in need.

“No official decision has been taken, but we know many members are offering help when there is a need, in their own capacity.

“And this is possibly what happened here.”

Linneveldt said that while they did not intend to vote, they would not do anything to disrupt the election.

“It will be business as usual for us.”

In Blikkiesdorp, residents are just as disillusioned.

“All of the parties are full of promises. Promises are a comfort to fools,” said a man who identified himself as Rasta.

No matter which party won the elections, nothing would change in his life, he said.

“There is disease here. Cockroaches run over your face when you sleep. There is still no electricity. My life is the same as it was 15 years ago.”

Another disappointed resident is I-man Dunn.

He was a “soldier for the ANC in the struggle” – he said he was shot in the leg during a riot in the 1980s and imprisoned.

“Not all of (Nelson) Mandela’s promises came true. Government does nothing and means nothing to me, because they don’t feel the pain of my children. I won’t vote,” he said.

* This article was originally published on page 1 of The Cape Argus http://www.capeargus.co.za/index.php?fArticleId=4945711 on April 21, 2009

The Argus

Sunday Argus: ‘No land, no home, no vote’

http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20090419064424658C843460

‘No land, no home, no vote’

By Susan Comrie

The new bank-bonded houses on Symphony Way in Delft are standing empty – bright signs invite people to “come in and have a look” – but around the perimeter the razor-wire fence sends a different message.

Just metres away, the Symphony Way pavement dwellers look on angrily.

They have spent the past 14 months living in makeshift homes along this small section of road in Delft after they were evicted from houses they illegally occupied in the N2 Gateway Project in February last year.

Earlier last week veteran New Zealand anti-apartheid activist John Minto, the man who helped spearhead protests against the Springbok tour there in 1981, flew out to stand in solidarity with the remaining 127 families who, 15 years after apartheid ended, say life is no better for them.

“Symphony Way is a microcosm of the bigger problem in South Africa,” says Minto. “We didn’t expect things to change overnight – we didn’t expect miracles.

“But when we were protesting during apartheid we didn’t do it to make a few black people rich. It’s a huge disappointment.”

The New Zealand activist has been a thorn in the side of several governments, leading protests against human rights abuses by the US and Israel, and attracting international attention with the 1981 anti- Springbok protest under the banner Halt All Racist Tours.

Standing outside the Symphony Way creche, where earlier last week Minto spent the night, he explains that rugby was never the issue – instead he and others saw a chance for New Zealand to “punch well above its weight” to ensure there was nowhere safe for the apartheid government to hide.

Now in his 50s, Minto is turning his ire on South Africa’s democratically elected government, claiming the poorest citizens are still living under a form of apartheid.

“In South Africa the links between politicians and business are very strong, but the links between politicians and people are very weak.

“Fifteen years is a bloody long time to prove yourself… If the ANC couldn’t deliver 15 years ago they should have told people ‘It will take 25 years before we can give you houses’ – at least that would have been honest.”

The people of Symphony Way have long given up hope that the ANC government or the DA-led city council will change anything.

While posters for political parties line most other roads in Delft, there are no signs of election promises past the heavily barricaded entrance to the Symphony Way settlement – residents have announced that they will boycott the elections.

“We refuse to vote,” says resident Kareemah Linneveldt. “We say, ‘No land, no home, no vote’.”

Of the many families who originally set up home in Symphony Way, some have accepted the city council’s offer of shacks in Blikkiesdorp, the temporary relocation area down the road in Delft.

However, many residents say they are terrified to move – just a few weeks ago, a 16-month-old baby was raped in Blikkiesdorp.

Minto’s decision to come to South Africa now to highlight the problems of Symphony Way may look carefully calculated, but he chuckles at the suggestion that the timing of his trip was more than co-incidence.

His decision to meet Archbishop Emeritus Desmond Tutu, whose criticisms of ANC president Jacob Zuma have made him persona non grata with the ruling party, makes that harder to believe, but Minto says he has “gone past worrying about giving deliberate slights to the ANC”.

“I hope to be here as an observer, but also as someone willing to say that the emperor has got no clothes on – that the emperor is almost naked.”

For the residents of Symphony Way, that realisation came a long time ago.

* This article was originally published on page 8 of Sunday Argus http://www.capeargus.co.za/index.php?fArticleId=4942312 on April 19, 2009

AEC: Symphony Way Granted Temporary Reprieve; Eviction Postponed in High Court

Delft Anti-Eviction Campaign Press Release
20 March, 2009 – For Immediate Release

Symphony Way Granted Temporary Reprieve; Eviction Postponed in High Court


Left over from the protest outside the Cape High Court…

Residents of Symphony Way won a temporary reprieve from forcible eviction in the Cape High Court today.

Families gathered on the steps of the court, carrying signs that read: “We need houses for our kids,” and “Give us what is rightfully ours!!! Houses!!!”

The City of Cape Town is seeking the removal of 127 families from self-made shacks to tin, emergency shelters in the Delft Temporary Relocation Area, known as ‘Plekkiesdorp’ (Tin Town).

The families said they will not go to Plekkies: “We will only move when we get keys to proper houses.”

Justice Joubert, whom residents noted was fair and considerate, ordered a postponement for 9 June 2009. The state attorney requested that the community be given a considerably shorter period of three weeks to prepare their case.

AEC Chairperson, Ashraf Cassim, represented Symphony Way in court. Cassim explained to the judge that residents needed time to raise funds and secure appropriate legal representation.

Cassim also informed the court that numerous advocates acting on a pro bono basis through the Law Society had previously represented the state. The judge questioned the state advocate on this point, noting that it presented a potential conflict of interest.

About postponement, Evelyn, a Symphony resident, said, “Today’s answer gives us strength and gives us hope. We must believe in ourselves.”

Kareemah added, “I think we could have gotten a longer period of time to get our own lawyers, but it is the best the court could do. We now will work and fight for what we want.”

The state is seeking legal costs from the respondents, which some said was a measure of intimidating the poor from seeking redress in the courts.

The families have been living on Symphony Way since the City violently evicted them in February last year, leaving them on the pavement without alternative accommodation.

Residents wish to add that political parties, including COPE and the ANC, recently have been visiting Symphony Way, offering money and even legal representation.

The community has refused to be supported by political parties: “They are not here for the thirteen months we have been on the pavement. Now it is the election, and every other day, there’s a party here. They have hidden agendas. It is because of a political party, the DA, that we are sitting here on the pavement. Now, the DA wants to evict us for the second time. They put us in this mess.”

Residents now say they will prepare for their next court date to oppose this second, attempted eviction by the City.

Contact
Mncedisi Plaatjies 079 305 1066
Kareemah Linneveldt 078 492 0943

IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NO: 3397/09

Cape Town, 20 March 2009
Before the Honorable Mr Acting Justice Joubert

In the application of:

THE CITY OF CAPE TOWN Applicant

and

THE PERSONS WHO ARE PRESENTLY UNLAWFULLY OCCUPYING ERF 508, PORTION 12, CAPE TOWN First Respondents

ASHRAF CASSIEM Second Respondent

1. The application is postponed for hearing in Fourth Division to 9 June 2009;
2. Respondents are to file their answering affidavits by 8 May 2009;
3. Applicant is to file its replying affidavit by 19 May 2009;
4. Applicant is to file its Heads of Argument by 26 May 2009;
5. Respondent is to file it Heads of Argument by 2 June 2009;
6. The costs of today are to stand over for later determination.

BY ORDER
REGISTRAR
Cliffe Dekker Hofmeyr Inc (A Adriaans)
Tel 021-4816430

AEC: Second Eviction Application for the Delft Symphony Way Residents

Delft Anti-Eviction Campaign Press Release
19 March, 2009

We, the Delft Symphony Residents received an application of eviction from the City of Cape Town. We must appear in the High Court on the 20th of March of 2009 at 10h00. On the 9th of March of 2009 we went to advocates in town, Cliffe, Dekke, Hofmeyr, Number 11, Buitengracht Street, Cape Town, and to the Cape High Court to hand in our notice of intention to defend. We are disgusted that we are about to be evicted for the second time and political parties are trying to use us for their own good. The state and parastatals are playing games with our children’s future and our dignity as South African citizens.

Down with the government and the party system. To hell with Helen Zille and her stooges. Because of this mayor we are being evicted for the second time. We will fight to the end and we will stick to our only hope, which is “No Land, No House, No Vote.” We will fight to the end. We are indigenous South African people. Our children and we have a right to a home.

We will meet tomorrow morning, March 20, 2009, at 8h30 at the Gardens in downtown Cape Town and then proceed from there to the Cape Town High Court.

We will show that we are people tomorrow morning. We are bringing our children and we are fighting for their future.

Contact: Ashraf Cassiem 0761861408