Category Archives: The Witness

Witness: Jika Joe shacks destroyed

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Jika Joe shacks destroyed

MSUNDUZI municipality demolished more than 15 shacks in Jika Joe informal settlement last week.

Residents in the settlement said they were not given notice and that they just witnessed municipal employees demolishing their shacks.

One resident Vuyani Rangxa said what the municipality did was illegal as they had no court order to demolish their shacks.

“These people know very well that they should give shack dwellers a place to stay. This has some criminal element because they just demolished my shack with my furniture inside. I was at work when they did this,” another resident Nthati Molefe said. She added that her television set and money were missing.
Municipal spokesperson Brian Zuma said municipal security met with the committee to warn shack dwellers in that particular area that people needed to discontinue invading the land.

“Structures that were demolished were unoccupied. It is untrue that we demolished occupied structures, except in one case where an invader attempted to take goods into the shack and our guys removed the goods and demolished the shack,” said Zuma.

He said that they did not break any law by demolishing unoccupied shacks to prevent land invasion.

Ward councillor Naleni Atwaru said: “I have reported the increase in new informal settlement dwellings on the demand of the already existing informal settlement dwellers, and the frustrated residents of the ‘Willowton Village’ area, who have to endure frequent power outages, waste, dirt and filth in their area which emanates from the settlement. The increase of illegal dwellings adds to the problems already encountered.”

She said she was advised that notice was given to the illegal informal settlers to bring down the structures.

They had, however, continued to build and therefore drastic action had to be taken.

“This type of lawlessness cannot be condoned. The correct procedures should be followed in order to exercise their constitutional right to access housing,” said Atwaru.

Armed de-electrification in Pietermaritzburg

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Blitz against hot-wiring sparks violent demo
12 Jul 2012
Thamsanqa Magubane and Chris Ndaliso

PARTS of Northdale turned into a war zone last night as residents of the Nhlalakahle informal settlement retaliated against the disconnection of their illegal electricity earlier in the day.

They barricaded Bombay Road with burning tyres and stoned passing vehicles.
By 7pm last night, the intersection between Bombay Road and Balhambra Way was in flames.

Protesters moved through the dark as plumes of smoke from the burning tyres created a barrier between them and the police and fire-fighters on either side of the road.

At the time of going to press the situation remained unchanged, with police unable to enter the settlement to try to contain the situation.

Angry protesters threw rocks and bottles at passing cars and whoever dared to come near the burning tyres.

Cars driving down Balhambra Way to join Bombay Road had to make a mad dash past the stone-throwing protesters.

One motorist had his back window shattered.

He parked on the side of the road to make an inspection of the damage.

“I don’t know what I have done to these people. It’s going to be a battle for me to sign affidavits and filing for insurance claim to fix this mess.

“You could swear that what they are fighting for is legitimate, but they are in the wrong,” said the motorist, who asked not to be named.

Fire-fighters and police officers stood at a cautious distance lest the protesters stoned them.

A senior fireman, who identified himself as J.S. Marais, remarked that if the protesters could shoot, no one would know who had fired the shots.

Marais had barely spoken when a brick from the other side of the settlement landed between the bystanders and the police, sending everyone scurrying back.

“I can’t send my guys there … For us to get the fire out, it must be safe there,” he said pointing to the blocked road.

The drama started after officials from the Msunduzi Municipality’s disconnection unit, accompanied by police, raided Nhlalakahle to remove all illegal electricity connections.

Members of the team, who declined to be named as they are not allowed to speak to the media, said they collected about a ton of wires.

“There must have been 150 houses in this area,” said a municipal worker. “We had to go house by house to remove all these illegal connections.”

The residents began protesting at about 5pm yesterday.

The worker added: “They first burnt the tyres from the top of the settlement and then rolled them down to the road.

“One of the tyres almost burned one of their houses.”

A municipal team member said the residents in the settlement had been stealing electricity for the past two years.

“They steal electricity from the street lights and this leads to overheating of transformers and power outages,” he said.

Ward councillor Rooksana Ahmed said attempts were being made to resolve the situation.

Msunduzi municipal spokesperson Brian Zuma could not be reached for comment.

Police said they would only be able to comment today.

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‘We’ll cut down lights …’
13 Jul 2012
Lunga Biyela

A RESIDENT of the Nhlalakahle informal settlement in Northdale, who was in the midst of Wednesday evening’s violent demonstration, warned yesterday that the community would cause more chaos unless it was given electricity.

“We still have plenty of tyres. There are tyres everywhere. We will cut down all of these street lights,” said Sibusiso Sibiya (23), warning of more violent protests.

“We want electricity and water. That is all that we want. We are not fighting with anyone,” said Sibiya.

Sibiya, who said he was part of the crowd that burnt tyres and stoned police vehicles, admitted he was one of the residents who were responsible for the illegal connections.

The protest erupted after Msunduzi Municipality sent in a team to disconnect hot-wired cables in the settlement.

“They [the municipality] don’t want to give us electricity, so we will get it ourselves. We voted for them, but they don’t want to help us. If they can give us water and electricity, we won’t fight with them,” he said.

During Wednesday’s protest, teargas canisters were fired into the informal settlement as residents created a barrier with burning tyres to keep police and fire-fighters on the other side of Bombay Road.

Sibiya complained about the teargas, saying that young children, who were not involved, had been affected.

“They didn’t think about them. There are sick children here now who are coughing because of the teargas.

“We are discriminated against because we live in squatter camps and because we are poor,” he said.

“We did nothing wrong. All we did was steal electricity.”

Whenever there were power cuts, he warned, the residents would connect their homes to powerlines.

A resident in Bombay Road across the informal settlement told The Witness anonymously: “We live in fear. Nobody could come out of their house because they were all afraid of what was going on. The neighbours even had their car [which was parked outside] vandalised.”

The riots started after the municipality had gone to the area to remove illegal cables and connections.

A spokesperson for the municipality, Nqobile Madonda, said a municipal team was sent in because “paying customers’ electricity supply in the surrounding area was being continuously compromised by illegal connections”.

She said the connections were overloading the electricity network and destabilising the supply, which resulted in the municipality losing about R30 000 a month.

Police have yet to make an arrest after the violent protest.

Police spokesperson Captain Thulani Zwane warned that “the police will use all available resources to deal with unruly behaviour by members of the public”.
Zwane said Wednesday night’s protesters were “playing a cat-and-mouse game with the police in that they quickly disappeared between the bushes and the mountain terrain”.

“To pursue the protesters under these circumstances would have been suicidal for the police and would have unnecessarily endangered the lives of innocent bystanders,” said Zwane.

It was therefore difficult to identify perpetrators, he said.

When The Witness visited the scene yesterday, there were no police in sight.

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Jika Joe: War on power theft goes on
14 Jul 2012
Lunga Biyela

THE Msunduzi Municipality removed more illegal electricity connections yesterday, this time in the Jika Joe informal settlement.

This follows Wednesday’s removal of illegal connections in the Nhlalakahle informal settlement that led to a violent protest when angry residents burnt tyres and stoned passing cars at the intersection of Bombay Road and Balhambra Way.

Dramatic scenes ensued yesterday as municipal workers accompanied by heavily armed guards pulled out cables — some of them buried underground — around shacks in Jika Joe.

Municipality spokesperson Nqobile Madondo said there would be ongoing raids to remove illegal connections so that paying customers’ services were not interrupted.

Residents of Jika Joe complained that they would not be able to keep themselves warm.

“We will not be able to put on heaters,” said Mbonga Mbhele (33) who was speaking on behalf of his neighbours.

Jika Joe residents also raised the problem of having only one tap to serve scores of households, and said toilets were in a bad condition.

Their complaints were similar to those voiced by residents in Nhlalakahle.

On Thursday large parts of neighbouring Northdale were left in darkness after several power poles were toppled. Outraged residents in Northdale want the municipality to act against the people who hook up electricity cables illegally in Nhlalakahle.

“The residents here have been patient, and they understand the plight of those living in the informal settlement,” said Pastor Adiel Chetty of the Entabeni Community Church.

“People will be protesting to have Nhlalakahle removed. It is the only way forward,” said Chetty.

“As residents, we don’t know how to approach this issue. This is an issue between Nhlalakahle and municipality. We are caught in the middle of that war,” he said.

Madondo said illegal connections were “very costly” for the municipality to tackle.

“They compromise on the infrastructure that we have and are very unfair to legal paying citizens as they disrupt their services as well,” she said yesterday. “We will continue to disconnect all illegal electrical connections within Msunduzi Municipality.”

The SA Police Service and municipal security are always on hand to assist in case of unrest,” she said.

Police spokesperson Captain Thulani Zwane said police were still patrolling the areas that were affected by the protests.

“Crime Intelligence members are busy trying to identify the perpetrators. A case of public violence was opened for further investigation. We appeal to the members of the community to assist in identifying these perpetrators,” said Zwane.

Witness: Homing in on the problem

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Homing in on the problem

by Estelle Sinkings

A SHACK is still a home — and one community’s courageous fight for the right to continue living in their makeshift dwellings is captured in the moving documentary Dear Mandela.

Winner of the best South African documentary award at the 2011 Durban International Film Festival and a nominee for best documentary at the recent African­ Academy Awards, the film was written, directed and produced by Dara Kell and Christopher Nizza, who are based in New York.

Dear Mandela follows the journey of the Abahlali baseMjondolo organisation, whose members live in the Kennedy Road settlement, as they set out to stop the government from evicting shack dwellers from their homes. They believe the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act (KZN Slums Act) violates the rights enshrined in the country’s Constitution.

Their journey takes them all the way to South Africa’s Constitutional Court, but also results in their leaders being forced to leave their homes and go into hiding following attacks on their homes in 2009.

Speaking to members of the public who turned up to see a screening of the film, hosted by Amnesty International Durban, the leader of the Abahlali baseMjondolo organisation, S’bu Zikode, who is still in hiding today, said they had tried every avenue to speak to those in power about the best way forward to solve South Africa’s housing crisis.

“We even went to Atlanta in the United States, to Habitat for Humanity, in February 2011, to see what they have been doing. Shack dwellers are not lazy. We would be happy to build our own homes, but we have been told there is no land. We feel, however, that the land our homes are on now would be fine. The land should be used to build homes and not used as a commodity or a money-making scheme,” he added.

Zikode’s quiet dignity is a marked contrast to some of the comments made by politicians in the film. And, after watching it, veteran activist Mary de Haas said she found it ironic that the people who now sit in positions of power are using the same tactics that the National­ Party used during apartheid to clear informal settlements.

Asked why they decided to make the documentary, Kell, who attended Milnerton High School and Rhodes University, where she did a bachelor’s degree in journalism, majoring in television and political science, said: “We both have a very firm belief that organised social movements can successfully hold those in power to account, and bring about an end to oppression.

“In 2007, we read an article about the Abahlali baseMjondolo movement and immediately were interested in its philosophy of living politics — politics that everyone can understand and that talks about the need for people to have the basic necessities of life like enough water, enough food, shelter, electricity.

“We went to meet the Abahlali members in 2007, and after getting to know some of the young people, who were so passionate, so committed to justice, we knew we had to make the film.”

Before shooting a single frame, however, the couple tried to learn as much as possible about the larger political, social and economic forces at work. “We wanted to know why South Africa is the most unequal country in the world? Why leaders who once fought to end apartheid have turned their backs on their people, betrayed them and broken their promises? Why the government does not provide interim services for shack dwellers?” Kell said.

The questions are relevant given that South Africa’s housing backlog has not budged since 1994. Back then the country had around 300 informal settlements, but official figures estimates, according to the South African National Upgrading Support Programme (NUSP), 2010, reveal there are now over
2 600.

Once filming was under way, it brought with it new challenges and dangers, the worst being when an armed mob surrounded the community hall where Kell and Nizza were filming Abahlali members on September 26, 2009.

“They were carrying guns, machetes and sticks. They were looking for S’bu Zikode. We were locked inside a room and when the mob marched to a different part of the informal settlement, we were able to escape at about 3am,” Kell said. “The next few days were terrible — homes of Abahlali members were demolished, thousands of people had to flee the settlement, fearing for their lives. We were helping people escape — we had a car — and we would try to film a few shots here and there.”

In contrast, the mood when Abahlali members heard that the Constitutional Court judges had ruled in favour of their application that the Slums Act invited arbitrary evictions, and was therefore unconstitutional, was jubilant. The decision meant that a potentially repressive and constitutionally inconsistent piece of legislation was inoperable and could not be replicated in other provinces.

“Their victory came after years of struggle, court cases, debates and study. It was a good day for democracy. The victory was also right after the attacks on the movement, and that made the victory all the more bittersweet­.

“S’bu and other leaders had recently had their homes demolished, and 12 members of the Abahlali-affiliated security committee had been arrested and charged with murder. The trial dragged on for two years, but eventually they were all released.”

Looking ahead, Kell hopes Dear Mandela will inspire people to work together to end poverty. “The immense gap between rich and poor in this country is unjust and unsustainable, and we hope our audiences throughout this year will be moved to work towards solutions to this problem,” she added.

“Apartheid ended after a long struggle, but it ended thanks to the sustained work and immense courage of millions of people. Now, we face a challenge of economic and social injustice, and we hope the film will be part of the solution.”

She also hopes that it will make people living in comfortable houses understand a little more about what life is like for those living in shacks and that government officials will watch it and begin to understand the impact that their decisions and policies have on ordinary people.

Dear Mandela will be screened on Mzansi Magic (DStv channel 107) at 9.30?pm on Thursday and at 3?pm on Friday. For more information about screenings go to www.dearmandela.com

Witness: No heads roll over R6 mln fraud

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No heads roll over R6 mln fraud

Thando Mgaga

NOT a single head has rolled after five years of repeatedly delayed investigations into the embezzlement of nearly R6?million from a project launched to help the poorest of the poor in 1996.

The KZN Legislature was told this yesterday during the presentation of a report on a forensic investigation into the Social Development Department’s poverty alleviation programme.

It left members of the standing committee on public accounts (Scopa) aghast. The words “gobsmacked”, “perturbed”, “annoyed” and “angry” flew around.

The MPLs were told that the fraudsters used the money earmarked for uplifting the poorest of the poor to build their own homes.

“People were given money for NGO projects and instead they were building houses for themselves,” said Belinda Scott of the ANC.

The investigation is aimed at recovering more than R5,8 million in embezzled funds from the Sustainable Livelihood Programme and to prosecute the culprits.

The department believes that it will be able to recover R3?244?452, according to the report. Of this amount it has already recovered R2 121 768 from the Pietermaritzburg, Midlands, Durban and Ulundi regional office clusters.

An additional R2?627?545 has still to be recovered from 114 individuals and organisations that had signed acknowledgements of debt.

The frauds took place before the Public Finance Management Act came into operation.

ANC MPL Rina Naidoo asked how many of the 140 people implicated in defrauding the department between 1996 and 2006 were still alive.

“If they are, let’s get the money back.

“Those who are dead, let’s get death certificates from Home Affairs as proof that they are dead.”

Police who were part of the investigation told Scopa they had sometimes hit dead ends because prosecutors declined to follow through for lack of sufficient evidence.

Scopa members expressed anger that some of the eight officials being investigated have resigned and that others have moved to other departments within the province.

Reports about the investigations were forwarded to departments where some of the implicated officials had moved, which has meant that they are not being investigated.

African Christian Democratic Party MPL Jo-Ann Downs said it was shocking that since the fraud was uncovered in 2002 no action has been taken.

Roman Liptak of the Inkatha Freedom Party said the committee was concerned that the disciplinary hearings had not even been finalised.

“The numbers of disciplinary proceedings against the responsible officials per region run in single digits, with one region (Midlands) apparently having no one to discipline,” said Liptak.

He said the IFP did not understand how some officials could fail to be linked to cases of fraud that were happening under their watch or how those who had been implicated could move to other government departments with impunity.

The head of the department, Bheki Nkosi, said he empathised with the MPLs and admitted that the probe had lagged. However, he said, he was sure the investigations would yield the desired results.

The MEC for Social Development, Weziwe Thusi, assured the committee members that she and Nkosi would meet to map a way forward in addressing Scopa’s concerns.

Witness: Cato Crest Demolitions Halted

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Cato Crest Demolitions Halted

Demolition: Residents get reprieve
19 Jan 2012
Skhumbuzo Miya

RESIDENTS from the Durban informal settlement of Cato Crest received a
reprieve from the possible demolition of their shacks yesterday after
the eThekwini Metro Municipality called for a halt to the bulldozing.

Spokesperson for the municipality, Thabo Mofokeng, confirmed yesterday
that eThekwini Mayor James Nxumalo and head of the municipality’s
housing department, councillor Nigel Gumede, held a meeting with the
residents where a decision was reached that no shacks will be demolished
until alternative accommodation is found.

The shacks were being taken down to make way for the building of
government-subsidised houses. But the reprieve came too late for five
households whose homes were bulldozed on Monday.

Mofokeng said although the community had agreed that shacks will be
voluntarily demolished, some members of the community — most of whom are
tenants — failed to apply for the houses, and were reluctant to move.

“The municipality was not involved in the demolition of shacks, but the
local community had decided that they will voluntarily vacate them.”

He said there will be a meeting on February 5 where a final decision
will be conveyed to the community about the way forward.

Residents complained that the decision to destroy their shacks was taken
by an ANC committee in the area, and they believed they were being
targeted because they were supporters of the Democratic Alliance (DA).

DA councillor Hlanganani Gumbi said DA’s top leaders, including members
of parliament, had to intervene to stop the demolition of shacks on
Monday while Gumbi and another DA councillor, Warwick Chapman, were
holding a meeting with Nxumalo over the matter.

Yesterday the DA provincial leader Sizwe Mchunu and other DA leaders
visited the area to hear grievances of the local DA members about the
demolitions.

Provincial police spokesperson Captain Thulani Zwane confirmed yesterday
that a case of illegal eviction of unlawful occupier of land was opened.