Category Archives: The Daily Maverick

Daily Maverick: ‘Marikana’ UnFreedom Day land occupation ends in violent Workers’ Day eviction

http://www.dailymaverick.co.za/article/2013-05-02-marikana-unfreedom-day-land-occupation-ends-in-violent-workers-day-eviction/

'Marikana' UnFreedom Day land occupation ends in violent Workers’ Day eviction

I found myself among a community of homeless and backyard-dwellers on Sunday through connections with the shackdwellers’ movement Abahlali baseMjondolo, which held its controversial UnFreedom Day rally on 27 April in the settlement of Sweet Home Farm in Philippi, Cape Town. What follows is a personal account of the beginnings of the 'Marikana' land occupation. By JARED SACKS.

 

 




Zowi Zulu berates the police after they threw her and her new born child out of their shack

 

 

These residents of Philippi East, a growing township sandwiched between Nyanga, Mitchell’s Plain, Khayelitsha and Philippi, had just been evicted the week before from another parcel of land which they found out was actually a deserted privately owned farm. Desperate as they were, they contacted Abahlali baseMjondolo activist Cindy Ketani, in the hope that she could help them in their struggle. By Thursday, Ketani said that 150 of them had paid the standard R10 fee to become members of the movement and were looking for another piece of land since they had nowhere else to go.

Some of them began building their new homes on unused council-owned land along Symphony Way near Stock Road. Six homes were fully occupied by Friday morning with another 15 or so built and occupied on UnFreedom Day. Those who did not have their own building material, spent the day helping fellow abahlali (residents) finish building their homes. This was solidarity: the community was helping pull one-another up by their collective bootstraps. According to chairperson Sandile Ngoxolo, abahlali christened their new settlement 'Marikana' in honour of the workers who died in their struggle for a just and living wage and because “we too are organising ourselves peacefully and are willing to die for our struggle”.

When I arrived on Sunday morning with Ketani and Boitumelo “Tumi” Ramahlele, who live in Langa Temporary Relocation Area (shacks built by the Housing Development Agency), the city’s Law Enforcement had just arrived and marked off with spray-paint a red “X” on about 20 homes. They said they were to be evicted later that day. People were worried and didn’t know what to do and soon a crowd grew to discuss the way forward.

The City’s Law Enforcement, with its substantially funded Anti-Land Invasions Unit, had not produced a court order or any type of written documentation as to why the settlement was to be evicted. Being a witness to these kinds of struggles for a long time, I knew that any eviction without a court order was not only an illegal act, but also criminal, as the city was ignoring provisions in South Africa’s Constitution and the Prevention of Illegal Evictions Act. Explained a different way, the Anti-Land Invasions Unit is usurping the authority of a high court judge who is tasked to decide on the legality of land and property related issues. There is no way to prove that those living on a particular piece of land are there illegally without a legal judgment. (See also lawyer Sheldon Magardie’s legal explanation).

A call was sent out by Abahlali baseMjondolo for activists and media to come and witness and protect residents during the illegal evictions – only a New Age reporter showed in time to see the evictions take place. A lawyer working pro-bono with Abahlali baseMjondolo arrived and explained the need for a court order to the city officials, but he was rebuffed.

And they did exactly that. At 13:15 a mass contingent of the Anti-Land Invasions Unit and dozens of day labourers, picked up only hours earlier, arrived, backed up by Law Enforcement and SAPS vehicles. They were ready for confrontation and a Casspir and a Nyala ensured that this would be a one-sided war against about 50 residents (mostly women and children).

Law Enforcement went into the homes often beating residents who refused to leave. The Anti-Land Invasions Unit then went on to destroy people’s property: their beds, their cupboards and their general livelihoods.

I tried to photograph Kemelo Mosaku when I saw him being beaten inside his home but Law Enforcement personnel stood in line attempting to block my view. I was, though, able to get a few photos of him being manhandled once he was removed and then arrested. Ramahlele was also arrested after being beaten for refusing to leave a resident’s home. He claims to have been severely beaten by Law Enforcement inside the Casspir after being arrested. Ketane, who has hemiparesis and walks with a limp because of a recent stroke, was filming the abuse on her phone which was subsequently stolen by Law Enforcement. She was then pepper-sprayed and shoved away from the scene. Another lady was inexplicably shot twice at close range with rubber bullets. At many points during the eviction, I was also shoved and pushed and now have a few minor bruises to show for it.

Watching the violence meted out by state officials, hundreds of residents began gathering on both sides of the street singing various freedom songs and hurling verbal abuse at police. The community of Philippi East was turning out in full support of the 'Marikana' occupiers. Then, about 45 minutes into the eviction, some young boys, frustrated at the obvious one-sided violence and the perceived injustice of the eviction, began throwing stones at police who, realising that they were outnumbered by nearly 1,000 angry residents, left a few “X”ed homes standing and quickly retreated down the road.

Residents remained defiant. Hundreds marched to Philippi East police station to secure the release of their “political prisoner” comrades while another group remained behind to rebuild their homes. The peaceful group demonstrated outside the station while leadership attempted to negotiate with the station commissioner inside.

However, after about an hour of protest, the station commissioner, Colonel Vuyane Mdimbaza, refused to release Ramahlele and Mosaku and insisted they be charged with public violence (the typical charge against protesters used to cover up police violence, which the judge almost always throws out of court). He then went on a diatribe about anarchy, development and democracy, blaming protesters for not consulting with government, and accusing a sinister third force of being behind the occupations. (In other words, he was saying that poor people are too stupid to do anything themselves!) 'Marikana' leadership answered these accusations by asserting that their numerous attempts to consult with government had consistently been ignored; their land occupation was a last resort.

Protesters responded to the commissioner with civil disobedience: they closed off Stock Road, Ngqwangi Drive and Symphony Way with rocks and burned tyres. The furious colonel eventually became more conciliatory: he began promising the release of the two. After four hours of protest – effectively shutting down the station during that time – the state prosecutor finally agreed to come into the station and negotiate bail. The protesters immediately dispersed and Ramahlele and Mosaku were finally released at 21:00.

On Sunday evening, the Marikana community, resolute and unwavering, rebuilt their homes. They were not going away without a fight.

Still, on Tuesday and then once again on Workers' Day the Anti-Land Invasions Unit returned, this time with even more police backup: Casspirs, Nyalas, and even water cannons. On both days, there were about 50 shacks built. On Tuesday they destroyed almost all of them and arrested another person, who is said to be an innocent passerby.

On Workers' Day, I witnessed them destroy every last shack. Once again, Law Enforcement used physical violence and in some cases assaulted residents. Zowi Zulu, a young mother with a newborn baby strapped to her back, was violently removed from her home and nearly assaulted – that is, until journalists from the New Age, Die Burger and a few other newspapers finally showed up.

The Anti-Land Invasions Unit destroyed people’s property while taking apart their homes. A large flatbed truck then confiscated a significant portion of the building material with officials refusing to tell residents where it would be taken. No one is sure if they will ever get their zinc sheets and wooden poles, worth thousands of rands, back. As I write this, Mzwandondo Figxa has become the fourth person arrested in only a few days and also the fourth person charged with “public violence”. He will also most likely be the fourth person to have his case thrown out of court while the 'Marikana' community wastes more time and money on legal support.

This game of cat-and-mouse continues, with abahlali, once again, vowing to rebuild their homes or at least sleep on the site where their homes once stood. As they sleep under the stars (but in the freezing cold), what will be running through their minds? Do they still doubt that they remain unfree? Do they wonder how many houses the city could build if all the money being spent on this Anti-Land Invasions Unit was redirected towards housing? Who do they imagine they will vote for next year if the city (under the DA) is evicting them and the SAPS of the ANC-led government is backing up these evictions.

Meanwhile, the SAPS will continue to patrol along Symphony Way in their Nyalas, firing rubber bullets at the protesting community and re-gathering their forces to ensure that abahlali remain landless until the authorities eventually build another Blikkiesdorp in which to dump them once and for all.

Housing ‘Delivery’ in Durban is Corrupt from the Top to the Bottom

Uganda Transit Camp, Durban: A report from the frontlines of the struggle for democracy

http://www.dailymaverick.co.za/article/2013-02-13-uganda-transit-camp-durban-a-report-from-the-frontlines-of-the-struggle-for-democracy/

Just two decades after the dawn of democracy, an old horror is revisiting the new South Africa. Transit camps are back, and they are back with a vengeance, writes JARED SACKS.

Close to midnight and you can still hear babies wailing, couples quarrelling and house music blaring through the razor-thin zinc sheets that the eThekwini Municipality calls “walls” in Uganda Transit Camp near Isipingo, Durban. Getting a decent night’s sleep is a struggle in and of itself. And yet, that’s only the beginning.

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Daily Maverick: Shack fires: A devil in the detail of development

http://dailymaverick.co.za/article/2013-01-07-shack-fires-a-devil-in-the-detail-of-development

Shack fires: A devil in the detail of development

by Jared Sacks

According to the City of Cape Town, within the boundaries of the municipality alone, there are more than 100 deaths from shack fires every year. JARED SACKS examines the root causes of the problem and the city’s failure to address it.

On New Year’s morning a devastating fire broke out in BM Section shack settlement leaving about 4,000 people homeless and at least five dead.

Residents claim it took almost two hours for fire trucks to arrive, despite the Khayelitsha fire station being only a kilometre away. By then, hundreds of shacks were already ablaze and the single truck that responded to the emergency failed to get close enough to the fire to make a difference. It soon ran out of water and had to leave to find more. Eventually, more fire trucks came and, with the help of hundreds of residents using buckets to draw water from local taps, they were able to slow down the rapidly spreading inferno.

By late morning a strong Cape Southeaster was driving the fire, which began at about 4am, through the settlement. A single helicopter, the earlier dispatch of which could have greatly diminished the destructive force of the blaze, was able to bring the fire under control by about 10:30.

Police left unattended the charred remains of three dead bodies till well after 17:00 when investigators finally returned to the settlement. On Friday, another body was discovered when bulldozers began levelling the settlement and a fifth man died in hospital.

Richard Bosman of the City of Cape Town disputes this account. He puts the response time of fire-fighters at under 20 minutes saying access was hindered by residents’ personal belongings. Bosman appears to believe that the massive damage was the fault of residents themselves rather than the slow response of fire services or the complete lack of prevention initiatives by the city’s human settlements department.

A City of Cape Town media release the following day claimed that city staff were continually on-site helping residents rebuild their homes. But no disaster management officials were seen in BM Section during site visits by the Daily Maverick on the afternoon of 1 January.

By 3pm, however, some residents had already taken to selling off their charred zinc sheets and rebuilding their homes themselves, while an array of ANC politicians and clergy made vague promises of support to passersby. Top Democratic Alliance politicians did not bother to show up to conduct the poltical play of their own or to check if victims were receiving the support they are claiming to provide. According to the online publication GroundUp, effective leadership from both parties has been absent.

During a following visit by the Daily Maverick on Friday 4 January, it was discovered that disaster management officials only began to take record of the number of homeless the previous evening and were still struggling to put together a complete list of the dead. By Friday evening, there were 528 males, 591 females, 486 children and 55 babies on the list – though officials expected numbers to shoot up as working families checked in during the weekend and others returned from the Eastern Cape.

Most shocking, though, was that emergency accommodation at OR Tambo Hall meant that entire families were sleeping on the cold, hard floor. Disaster management had not thought it relevant to provide victims with even the most basic foam mattress. Perhaps this is why at least half of the victims chose to cram in with family rather than stay at the hall.

Community members’ accounts indicate that the fire was started by a man, said to be drunk, who fell asleep while cooking a midnight snack of boerewors. The unnamed individual and his family have since fled the settlement to avoid the fury of angry neighbours who lost everything in the fire.

Still, indignant residents are adamant that government should also shoulder blame for the conflagration. Kuselo, the younger brother of both Luyanda Ngcebetshana and Lunga Krexe, who died as flames engulfed their respective shacks, says “the government always comes with its promises” of development. BM Section has supposedly been in the subject of an upgrade for more than three years now – at least that is how long ago notice boards announcing the upgrading project appeared at the section’s entrance. The signs tell residents who the tender winners for this project are, but not much else.

The city’s development services department claims “good progress” is being made in the process of upgrading the area despite resistance from residents to proposed relocations. However, BM Section, like adjacent QQ Section, still lacks service roads, electricity, sanitation services and other basic and potentially lifesaving developments that have been promised. Taps, for instance, are few and far between, something residents complain hindered their ability to fight the fire. Kuselo claims he has not seen any change in the years since the upgrade began.

Councillor Ernest Sonnenberg, the mayoral committee member for human settlements, has confirmed that BM Section is indeed in the process of being upgraded. Yet neither Sonnenberg nor City of Cape Town spokesperson Kylie Hatton could explain why the upgrading process is taking so long. Sonnenberg has further urged victims to rebuild their homes at least 3m apart but failed to address the fact that residents do not have enough space to do so.

At the same time, residents aren’t actually being allowed to rebuild – yet. On Friday and Saturday bulldozers were levelling the area to make way for dirt roads and fire breaks. While people seem happy about that, they are concerned about where families displaced by these roads will end up. Sonnenberg could incur the wrath of the community if empty land next to the hall is not allocated to victims of the fire who appear to be unwilling to move out of Khayelitsha. (In her book Cities with ‘Slums’, urban planner Marie Hutchzermeyer notes that the resident’s fears may not be unfounded. Across the country shack fires have often been misused by local authorities to force shack dwellers into transit camps and out to barren peri-urban peripheries.)

Longtime resident, Edward Mavakala, was furious: “It is the government’s fault. Because there are no streets here, the fire brigade could not get through [to the fire].” He says residents have been asking for this for years. If the government had delivered just the basics, hundreds of homes could have been saved.

Mthobeli Qona from the Western Cape branch of the shack dwellers’ movement Abahlali baseMjondolo, who lives across the road in QQ Section, said both his settlement and BM Section, which are more than 20 years old, are among the first in line for upgrading in the City’s informal settlement master plan.

In the winter of 2007, the then mayor, Helen Zille, visited a flooded QQ Section where she promised to move residents to a site and service scheme in Bardale near Mfuleni the next year. Similar promises were allegedly made to residents of BM Section that same year. But residents of both communities say they’ve been hearing the same promises since democracy brought them politicians. They don’t understand why Zille would promise to move them to Bardale but later settle other communities on the same land.

In response to the city’s failure to fulfil these promises, residents of QQ and BM Section engaged in an informal settlement strike in 2010. This year, BM Section again took to the streets during recent protests that the mayor, Patricia de Lille, has claimed are being coordinated by the ANC Youth League which, she has implied, is bent on leading a full on civic insurrection in the city. My research into the protests indicates they are being driven by popular anger at inconsequential development projects and empty rhetoric about meaningful engagement in such projects.

Stoney Sithole, whose son and daughter both lost their homes and livelihoods during the fire, said that these previous protests were not about the ANC and DA. They “didn’t strike because of politics but because of need.” She insisted that her community has been promised houses for a long time.

A 2008 report on shack fires in Durban by academic Matt Birkinshaw, who spent months living in shack settlements in Durban, backs up BM residents’ claims that government policy is to blame. The report cites evidence that shack fires are becoming increasingly prevalent throughout the country as shack settlements grow and local governments refuse to tackle the challenge head on.

“Shack fires,” Birkinshaw concluded, “are not acts of God. They are the result of political choices, often at municipal level.”

Local government policy in Durban is designed to force poor residents into small and densely populated pieces of land without access roads where they are often denied electricity, proper plumbing and sanitation. Without security of tenure, residents are forced to build their homes with cheap flammable material rather than bricks and mortar.

Instead of blaming the victims of shack fires, the report concludes, municipalities should be held accountable for refusing to provide the same services to shack dwellers which they provide to people living in formal houses.

The root cause of the problem according to a 2008 article by Professor David McDonald is that “Cape Town’s decision makers have allocated the lion’s share of the city’s resources for the benefit of a few, leaving two-thirds of the city’s population struggling in varying degrees of poverty.” In other words, there is an economic rationale behind Cape Town’s “World City Syndrome” which, among other perverse outcomes, means that officials responded with more speed and zeal to a small New Years’ bush fire in Camps Bay than they did to the deadly and much more destructive fires in the shack settlements of BM Section, WB Section and Du Noon.

Shack fires and shack settlements in general are symptoms of a wider social malaise rather than core problems in themselves.

“Shack fires are routinely presented as natural disasters, as tragedies, when in fact they are a direct result of political decisions”, says Richard Pithouse of Rhodes University. “We only started to make some headway against the Aids pandemic when access to medication was politicised. In the same way we will only start to make progress against shack fires when they are politicised.”

Daily Maverick: Dear Mandela: Documentary lays bare the shack-dwellers’ struggle

http://dailymaverick.co.za/article/2012-12-10-dear-mandela-documentary-lays-bare-the-shack-dwellers-struggle

Dear Mandela: Documentary lays bare the shack-dwellers’ struggle

by Rebecca Davis

ince its inception in 2005, the housing activist group Abahlali baseMjondolo has been subjected to extraordinary levels of harassment by police and, some believe, the ANC. Dear Mandela, an award-winning documentary being screened in Cape Town and Johannesburg over the next fortnight, tells the story of a grassroots organisation which cannot be ignored. By REBECCA DAVIS.

It is fitting that Dear Mandela begins with footage of police firing rubber bullets at protestors, in the context of Abahlali baseMjondolo’s ongoing attempt to seek redress from the Police Minister for what they term “police repression”. Members of the organisation packed out the Durban High Court last week to see the beginning of a damages claim lawsuit against Nathi Mthethwa. In September 2006, they claim, two of their leaders were en route to a radio debate with the provincial Housing MEC, Mike Mabuyakhulu, when their vehicle was stopped by the police.

When Philani Zungu asked the police why he and Sbu Zikode were being searched, he alleges, a police constable from the Sydenham Police Station told him that “a black man is always a suspect” and began to assault him. The two men were arrested and taken to the police station, where they claim they were assaulted again before being charged with crimen injuria, assaulting a police officer and resisting arrest. The charges were subsequently dropped, but when organisation members met up immediately after the arrests to discuss, police dispersed them with rubber bullets fired at close range, wounding Nodomiso Mke in the leg.

Now Zungu, Zikode and Mke are claiming damages of more than R300,000 from Mthethwa. What Dear Mandela makes clear, however, is that the September 2006 arrests form part of a wider picture which has seen continual attempts to shut down Abahlali baseMjondolo and silence its members. And the documentary also illustrates why this would be the case: because the group gives a powerful, truly democratic, non party-political voice to the grievances of one of South Africa’s most marginalised communities.

Zikode, the president of Abahlali baseMjondolo, features in Dear Mandela, but he is not the focus of the documentary. Rather, the film takes three young residents of Durban’s informal settlements and uses their experiences to tell the story of the shack-dwellers’ rights group. Mnikelo Ndabankulu is the organisation’s spokesperson. Charismatic and articulate, it is Ndabankulu who introduces the film’s leitmotif – an invocation of the legacy of Nelson Mandela, against which the current political and social landscape is unflatteringly contrasted. Ndabankulu thinks Mandela is like Jesus Christ. He wants to meet Mandela to ask him what he thinks about South African society these days.

Then there is youth leader Mazwi Nzimande, who is only in Matric but still full of opinions which cut to the heart of the country’s social problems. “Here in South Africa, nobody writes about the poor people,” he says at one point; a situation he hopes to amend after leaving school. Like the others, Nzimande lives in a shack. “I’ve been in Durban for fifteen years but we don’t get to see the harbour,” Nzimande says, matter-of-factly rather than bitterly. “It’s only the bourgeoisie who can go there.”

Lastly, we meet Zama Ndlovu, a young mother who works at a community centre providing daycare for orphans, set up by Abahlali baseMjondolo. Ndlovu points out the location of her last shack, before it was razed to the ground. She lives in constant fear of eviction and the destruction of her dwelling, as do the other two, particularly at the film’s starting point, when the controversial “Slums Act” was introduced in 2007. The Act made it compulsory for municipalities and land-owners to evict the residents of illegal shacks. The residents would be re-located to “transit camps”.

The three Abahlali members who feature in Dear Mandela spoke of the Richard Farm Transit Camp in Durban – “The Tins”, to give its informal name – with dread. Such camps typically consist of rows of 25 one-room boxes, 25 square metres each, with tin roofs. Often they lack electricity, have only rudimentary communal ablutions areas and are cordoned off with barbed wire, under the control of police or private security. They are also usually further away from shops and business. Three academics, writing to protest against the transit camps in 2009, pointed out: “A life is not improved by relocation from a shack to a distant ‘formal’ structure”.

When Abahlali baseMjondolo was launched in 2005, it was to protest against the sale of a piece of municipal land near the Kennedy Road settlement to local developer. This land had long been promised by the local municipal councillor to shack dwellers for housing. The organisation succeeded in preventing the industrial development of the land. Since then, their ambit has grown much wider. In 2006, they organised a boycott of the local government elections: in the documentary, Ndabankulu is shown writing the words “No Land, No House, No Vote” on his ballot sheet.

Arguably their greatest success, however, was taking the Slums Act to the Constitutional Court in 2009 and having it declared unconstitutional. The unfolding court case forms the backbone of Dear Mandela, though co-director Dara Kell – who made the film alongside Christopher Nizza – explained to the Daily Maverick that they were wary of tracking the case too closely. “We wanted to focus on something with a forward narrative drive, and the court case provided that, but we didn’t want it to be a legal documentary. We wanted to flesh out what life is really like for young people in informal settlements.”

Kell and Nizza are based in New York, though Kell is South African. They first heard about Abahlali in 2007, when someone passed on an academic article about the movement. “I immediately thought it was a really interesting development, and not well known outside activist circles,” Kell said. The pair travelled to Durban in 2007 to begin exploring the movement, and over the following years returned a number of times to film. Their footage thus expanded in an organic way.

Abahlali’s greatest victory – the Constitutional Court judgement in its favour – was almost immediately followed by its darkest hour. On 26 September 2009, about 40 people entered the Kennedy Road settlement and attacked a youth meeting of the organisation. The homes of Abahlali leaders were burnt down, and two people were killed in the ensuing conflict. Police, bizarrely, blamed a forum affiliated with Abahlali for the attacks, and 12 Abahlali members were arrested. The case against them collapsed two years later, but the government has continued to ignore calls from the likes of Amnesty International and Noam Chomsky for an independent commission of inquiry into the attacks.

Dear Mandela does not pursue the question of who was responsible for the attacks, though it repeats the claims of Abahlali members that they were organised by the ANC as revenge for the Constitutional Court judgement. Kell explained that the decision not to make this point a focus of the film was motivated by practical reasons as much as anything. “While we were filming, the trial [against the Abahlali members accused of the attacks] was still going on; it dragged on for two years,” she said.

“That storyline was so complex and mysterious that we didn’t want it to take away from the important issues. But we have had lengthy conversations with people who were there, who say the attacks were ordered from a very high level. There is no political will to investigate. But we have to hope that eventually the truth will come out. Personally I think it was a strategy to drain the movement of their resources, through a long court process.”

An article on Abahlali’s website lists all the incidents of violence and intimidation to which the organisation’s members have been subjected. Why is the movement seen as such a threat by police and politicians, when other civil society organisations are not? “I think because they’re not just focused on one silo issue,” responded Kell. “They have a vision of society that is much broader, and they have huge support.” Abahlali terms itself “the largest organisation of the militant poor in post-Apartheid South Africa” – they now claim to have over 20,000 members in more than 30 informal settlements.

“They also can’t be manipulated,” Kell continues. She says something which isn’t in the film is the practice of politicians in the region attempting to buy votes by handing out beer and rice around election time. “They expose a lot of corruption. They’re really uncompromising.”

One of the stand-out scenes of the documentary shows youth leader Mazwi Nzimande addressing a meeting. “Down with COPE!” he cries, and the crowd responds Phantsi! “Down with the IFP!” he yells, and the crowd replies Phantsi! “Down with the ANC!” he shouts, and there is an eerie, awkward silence. Later Nzimande says that he was chastised by his elders for not showing respect. “When you talk about the ANC, you talk about Mandela,” he suggests. “So when you criticise the ANC, it’s like you criticise Nelson Mandela himself.” DM

* Dear Mandela is being screened at the Fugard Theatre in Cape Town on 10th December, and at the Bioscope in Johannesburg between the 14th to the 19th of December.

Read more:

After Apartheid, More Struggles to Wage, in the New York Times