Solidarity: Victory for city residents

27 02 2008

21 February 2008
Eric Naki
Source: The Sowetan

RELIEVED: Inner city residents celebrate their constitutional court victory yesterday. PHOTO: MBUZENI ZULU

Human rights and legal groups have welcomed a high court decision to overturn a supreme court of appeal order allowing the Johannesburg City Council to evict inner-city residents from derelict buildings.

On Tuesday, the constitutional court ruled that the supreme court of appeal “should not have granted the order of ejectment” to the city in the absence of meaningful engagement. About 400 families occupy overcrowded buildings in the city.

The Centre for Applied Legal Studies at Wits, the Centre on Housing Rights and Evictions (Cohre) and the Community Law Centre (CLC) at the University of Western Cape said the judgment was a victory for poor, homeless people.

“For the applicants and poor occupiers more generally, the judgment is a victory”, said Jackie Dugard, senior researcher at the Wits centre.

Stuart Wilson, the centre’s head of litigation, was pleased that the constitutional court had overruled the appeal court and declared Section 12(6) of the National Building Regulations and Building Standards Act inconsistent with the Constitution.

The section states that anyone who continues to occupy a property after an eviction notice is served is liable to a maximum fine of R100 for each day of unlawful occupation.

The city used this apartheid-era legislation to evict residents on grounds of health and safety.

Jean du Plessis, Cohre’s deputy director, said: “Today’s judgment is a landmark victory for the more than 67000 low-income residents of Johannesburg who risk overcrowded living conditions with poor sanitation and the constant threat of eviction, to be near livelihood opportunities.

“It affirms that public authorities must engage seriously and in good faith with the affected occupiers with a view to finding humane and pragmatic solutions. Such respectful, face-to-face engagement gives effect to the constitutional value of human dignity, as well as the right of access to adequate housing enshrined in the Constitution.”

Lilian Chenwi, senior researcher at the CLC, said: “The judgment gives effect to South Africa’s constitutional commitment to respect and protect housing rights and is also in accordance with relevant international legal standards.

“In all evictions, local authorities must take people’s housing rights seriously and seek reasonable ways to avoid the devastation of homelessness by engaging meaningfully with the affected communities.”





Press Alert: Arson in Delft by known supporters of the DA

26 02 2008

Western Cape Anti-Eviction Campaign Press Release
February 26, 2008 at 22h15

The homeless residents of Delft condemn today’s arson by two men who have been supporting the DA.

According to residents, a number of DA supporters from section one have been threatening families saying “If you don’t stand with us [the DA], then we will burn your things down to the ground”. At about 20h30 today, two men from the section one settlement (where supporters of the DA are staying) were seen running away from one of the section two residents burning shack. The shack, being the last in the row and the closest to the section one settlement, is further proof that this was arson caused by DA supporters.

However, the section two residents have now rallied in support of this family who has lost their makeshift home and all their possessions. They have helped the family of five build a new shack to sleep in and are providing them with much needed moral support. However, according to leaders in the community, the household still needs blankets and a mattress to sleep on.

Please show solidarity towards the homeless of Delft in this trying time of sabotage and suffering. No human being deserves to have their home and all their belongings burned down as part of a political war that the DA is waging against homeless Delft residents that refuse to do their bidding.

 

Please call 078-775-4687 for comment.

img_3767small.jpg  img_3769small.jpg





DA and police remove tents in Anti-Eviction section of Delft, leave their own tents standing

25 02 2008
Urgent Media Update from the Western Cape Anti-Eviction Campaign
Monday 25 February 2008
3:10pm
DELFT, CAPE TOWN – The Democratic Alliance (DA) controlled City of Cape Town along with scores of heavily armed police have just stolen four large tents donated by Islamic Relief to the homeless, evicted people of Delft, who are currently sleeping outside on Symphony Way.
The DA City of Cape Town claims that these tents are a “fire hazard”.
However, just metres away in the DA Councillor Frank Martin controlled section of Symphony Way, the City has actually provided the same kind of tents for the people. Needless to say, these “fire hazards” have been left standing by the DA.
The Anti-Eviction Campaign is deeply angered. These four tents were supposed to be used for the children to play in, and in case of rain.
This is a good example of how all the political parties are totally against the poor. The ANC said last week that it completely supported the eviction of the Delft residents from the houses they had occupied, even though it knew that these vulnerable people had nowhere to return to.
The DA, who supported the occupation, is now using the police to repress the majority of the Delft residents who have rejected their racist, self-promoting DA Councillor. The DA is now trying to starve these residents into submission by blocking food aid to them and exposing their small babies and children to the elements by removing their tents. However, there are no signs that the residents are willing or interested in giving up their peoples’ power to be used as pawns by the DA.
For comment from the scene please call 076 1861408




Police set up 2 illegal roadblocks in Delft to prevent relief from reaching the people

25 02 2008

Western Cape Anti-Eviction Campaign Press Alert
Monday 25th February 2008 at 2pm

** Media are called urgently to rush to the scene at Delft **

DELFT, CAPE TOWN – The police have set up two roadblocks on each side of Symphony Way, which is the Delft road being occupied by the 1600 people who were evicted from the occupied houses last week. The police are using the roadblocks to refuse media and relief trucks entrance to the area. Islamic Relief was turned away with a big cargo of food, blankets, tenting and nappies that is desperately needed by the people.

The police are telling the media and the relief trucks that the Anti-Eviction Campaign (AEC) are the ones who refuse to let them inside. This is completely untrue, as the AEC has always been on good terms with the media and all of Cape Town’s charities and relief agencies and has in fact been visiting the relief agencies personally over the past week to call for aid for the Delft residents.

Currently Symphony Way is split into two sections, one affiliated to the AEC and one affiliated to DA Councillor Frank Martin. The majority of the people of Delft are extremely disillusioned with Councillor Frank Martin and have moved to the section of the road affiliated to AEC.

Frank Martin who simply incited people to occupy the houses on the racist basis that it would be unfair for those houses to be given to Black people from Joe Slovo. Thereafter he did nothing to support the people who faced an immediate eviction. He did not contribute in any way to the legal struggle and he has also continued with his racism about housing in SA only being given to “blacks” which is completely untrue and is not in any way what AEC believes. Read the rest of this entry »





Urgent Press Release: Delft homeless are now being evicted from their tents!

24 02 2008

Sunday, 24th February, 2008

18:40

The provincial Social Welfare Department and the Democratic Alliance’s Dan Plato are threatening Islamic Relief Worldwide (IRW) because the charity has put up tents for the recently evicted residents of Delft. They are threatening tear down the tents as we speak.

According to Achmat from IRW: “The Social Welfare department of the province went to the police to lay a charge for the erection of illegal structures. They demanded that IRW remove the structures [tents] immediately”.

Achmat also claims he has received a call form Dan Plato threatening Islamic Relief Worldwide that if they do not remove all tents by tonight, the City of Cape Town with the backing of the police will come in unilaterally and remove it themselves.

For comment and specifics on the threat, please call Achmat from IRW on 079-139-7101.

The Anti-Eviction Campaign along with IRW requests anyone concerned to come immediately to Symphony Road in Delft where residents are living. By 19h30, the City of Cape Town is planning to remove the tents and render residents vulnerable once again to the harsh elements of the area.





Gympie Street Residents Committee Press Release

24 02 2008
20th February 2008
4pm

For comment: Gympie Street lawyer Advocate Zehir Omar – 011 8151720 or 082 4925207 or Willy Heyn on 073 1443619

The Gympie Street Residents Co-ordinating Committee of 6 people will appear in the Cape Town magistrates court again on Monday 25th February 2008.

This after they were all arrested in a dawn raid by Woodstock police and unlawfully charged with contravening the High Court eviction order that was handed down against them in 2006.

None of the residents contravened the High Court Eviction Order granted to the owner of the Gympie Street flats in 2006. The order was for an eviction of the residents, but after spending 6 weeks living on the pavement outside their homes in the winter (the City having failed to provide alternative accommodation) the residents went back into the flats, but NOT the flats they were evicted from. They went to live in each other’s flats. This nullified the court order. It was then up to the owner of the flats to get a new court order against the occupants which he failed to do.

The Co-ordinating Committee are a courageous group of impoverished people who are making a stand against gentrification of the city by property developers. They are Willy Heyn; Margaret Petersen (single mother of two children, the youngest being 12 years old); Lydia Portland (single mother looking after two children of her own and three of her sister’s children who is currently in hospital – one of these children is 3 yrs old); Marietta Monagee (single mother of three children aged 5, 8 and 10yrs old); Sarah Jones (looking after her grandchildren who live with her – aged 2, 3, 5 and 6 years old) and Zubeida Brown (single mother of 4 kids – one who is 20 years old is in a wheelchair since birth, completely dependent on her mother for all aspects of her care.)

The backdrop to this story is a real tale of tragedy. These residents were paying their rent every month for years despite the owner never doing maintenance on the flats which are in a hazardous and rundown condition. Most of the residents are either jobless or doing casual domestic or factory work at pay of R50 per day so they have nowhere else to go and no possibility of renting other flats.

After the owner got a High Court eviction order against them last year, the residents were evicted to the pavement. The city refused to find suitable alternative accommodation for them despite there being available accommodation in Woodstock at the former hospital, which is standing 90% empty. About 100 people then slept and lived on the pavements in this crowded city area for about five weeks. The city told them to move to Happy Valley where each family would be given three sticks and a heavy piece of plastic to build a shelter. The residents refused because all their children are in Woodstock schools and because many of them are ill and cannot go and live in the sand far from the city.

Some residents were persuaded by the council to visit Happy Valley and see if it would be suitable. When those residents got there, they had the fright of their lives when the existing residents of Happy Valley told the Gympie Street residents that they would “burn them out on the first day” if they moved to Happy Valley.

As such, the residents are terrified of moving to Happy Valley, and at the same time are being forced out of Woodstock by a property developer. Their options are zero, which is unacceptable because the City has a responsibility to house the poor. The City has tried to dodge its responsibility by saying this is a private matter however, the Gympie Street residents are the City’s responsibility because these are poor people who should long ago have been allocated council housing like others on the waiting list.

Communities have vowed to mobilise to support the Gympie Street residents, as they did last year.

See also: ‘I live here or I die’ from the Mail & Guardian





Pictures of Delft evictions and police brutality

22 02 2008

18 February, 2008 – The day before the evictions

19 February, 2008 – Evictins begin; police open fire on residents.





SAHRC to probe rights abuse in Delft eviction

21 02 2008

February 21, 2008
Source: IOL 

The SA Human Rights Commission (SAHRC) will visit Delft on Thursday to investigate whether the rights of people evicted from the N2 Gateway houses they invaded had been violated.

Leaders of the Adam Kok V Royal House lodged a complaint with the SAHRC on Thursday after hundreds of people, including children and the disabled, slept in the open and later sat in searing heat following Tuesday’s eviction.

“In essence, the complaint is that not much or nothing was done in terms of the Emergency Housing Act. Concerns were raised that children were out on the street and people were left destitute, with no access to water and proper nutrition, and worried about their safety,”SAHRC spokesperson Vincent Moaga said.

“The commission will conduct its own investigation to establish the facts. After this we will have an idea if there is a violation of human rights case. The complaint will go through the relevant processes, including contacting the local authorities who are respondents in this matter.”

Adam Kok V Royal House leader Nico Nel said their concerns stemmed from what happened in Delft before, during and after the eviction.

“It is about the allocation of N2 Gateway houses in Delft. The 70/30 split between squatters, mainly African people from Joe Slovo, and backyard dwellers, mainly coloured people, is pitting amaXhosa and the coloured Khoi people against each other.

“Both were oppressed by colonialists and previous regimes. We’ve also asked the commission to investigate the use of force by the state when they evicted people.

“We believe that the rights of people, particularly children and the elderly, were violated,” Nel said.

Meanwhile, three NGOs provided meals to those left homeless. Police patrolled the area, security guards kept watch at vacated houses and an animal welfare van arrived to pick up abandoned pets.

Symphony Way was blocked off because people erected shelters on the pavements.

“I had to sit and sleep in the cold last night and now the sun is beating down on me. This is terrible. I’m not that young anymore and pray to God to relieve me and them of this pain,” said 61-year-old wheelchair-bound Maria Davids as she watched children playing on nearby dunes.

There were a few rare minutes of joy when a bakkie loaded with plums stopped and the driver allowed people to help themselves to the fruit.

Anti-Eviction Campaign leader Ashraf Cassiem said: “The night was peaceful. They will stay here until alternative accommodation is found.”





Press Update: Delft community and Anti-Eviction Campaign sleep on Symphony Rd, vow permanent sit in

20 02 2008

Anti-Eviction Campaign Press Update
Wednesday 20 February 2008
8am

DELFT – About 1000 people, including heavily pregnant women, children, babies and all the activists in the Western Cape Anti-Eviction Campaign, have occupied Symphony Road in Delft.

The huge group slept on the road all night and are vowing to remain on the road, blocking the area, until the appeal to the Supreme Court of Appeal is lodged, which will hopefully be today.

The community has nowhere else to go since all those who occupied the houses in the first place were backyard dwellers with no security of tenure in the backyards they were renting, or homeless.

Once the appeal is lodged in the SCA, the group will return to the houses which they consider to be rightfully theirs, having been on the waiting list for 20 years and having been promised this specific group of houses by countless numbers of politicians seeking votes and community approval for the N2 Gateway project.

for comment call Ashraf on 076 1861408 or Pamela on 079 37009614 or Mzonke on 073 2562036

Evicted and now homeless family tries to make it through the nightSleeping under the starsThe sun wakes up a homeless family at the crack of dawnThe children trying to cope with living on the street





Background to Delft evictions

19 02 2008

Thoughts provoked by being interviewed by Keketso Sechane, Heart 104.9 radio, 19/2/2008

Today people have been evicted from houses in Delft at police gunpoint – despite their non-violence. But this situation, arising from illegal occupation of N2 Gateway Houses, was not caused, as the Housing DG said on your programme earlier, by DA councillor Frank Martin. It is a product of a contradiction between two things: on the one hand a desperate and worsening housing crisis in the Western Cape; and, on the other, the inflexible bureaucratic attitude of the tops of the national and provincial Housing Departments and the management of Thubelisha Homes in the N2 Gateway project.

In fact the blood spilled by women and children today through police shootings is on the hands of Housing minister Lindiwe Sisulu and Thubelisha tops John Duarte and Prince Xanthi Sigcau.

The housing backlog in the Western Cape is 360,000 and worsens every year. The backlog increases by 18,000 a year, while only 10,000 houses a year are being built. Hence the length of time people spend on the waiting list (more than twenty years) and hence the desperation – expressed in the chants of the Delft occupants outside the Cape High Court (and, for thirty minutes, at a meeting called by provincial housing minister Richard Dyantyi in Delft last Saturday) of “We want houses! We want houses!”

The national government spends a mere 1, 5% of its budget on housing – compared to the 5% regarded as the norm for developing countries. With an imaginative government, in fact, the 8 million unemployed in the country could be put to work to build the needed houses, with the relevant SETA’s focussed on providing crash courses for the necessary skills in building. But this is precluded for the present ANC government by its stress on defending neo-liberalism and capitalist profit.

The N2 Gateway project, moreover, was conceived less to build houses, or to contribute to solving the Western Cape housing crisis, than to prettify the margins of the N2 highway before the 2010 World Cup. The poor were to be eliminated from the sides of the N2, and more expensive housing installed there. The poor were to be banished to the margins of the city in Delft.This “pilot” project claimed to be implementing the new “Breaking New Ground” national housing policy of minister Lindiwe Sisulu. But in reality it has broken every proclaimed aim of this policy. It was imposed from Pretoria. Every phase of it has run into problems from the start and overall it has been a disaster. The Cape Town city council (when the DA won control of the city) was removed from any participation in it by the ANC government.

The BNG policy claims, for example, to be “accelerating the delivery of housing as a key strategy for poverty alleviation and using “provision of housing as a major job creation strategy”. However, housing provision has slowed since its introduction.

The national average since 1994 of 180,000 a year has declined steadily since 2002/3 – to 137,659 in 2005/6. And even Finance Minister Manuel has disputed whether these figures are correct, or are gerrymandered by corrupt developers.

 

The BNG policy promised “increased flexibility and demand responsiveness”. It promised to address “the distortions of the inherited apartheid space economy”, i.e. to stop settling the disadvantaged on the fringes of the cities. It promised an “in-situ upgrading approach to informal settlements.”.

But instead of “demand responsiveness” N2 Gateway has ignored the wishes of beneficiaries such as residents of the Joe Slovo settlement in Langa. Instead of ending the “distortions of the inherited apartheid space economy” and “in-situ” (on site) development, it wishes to forcibly remove Joe Slovo residents to the margins of the city in Delft from where few of them will return to Langa.

When this creates problems, Thubelisha management, instructed by housing minister Lindiwe Sisulu, and aided and abetted by provincial housing minister Richard Dyantyi, simply tries to bulldozer its way through any problems that arise.

Recently appointed acting CEO John Duarte complained in Monday’s Cape Times (18/2/2008) that instead of immersing himself “in the detail of the project, building schedules, protocols and targets” he had “been exhausting valuable time and money in court defending Thubelisha’s mandate to build houses for the poor”.

What he fails to understand is that building houses is not just about bricks, mortar, and spreadsheets. It is about fulfilling the needs of living, breathing people. This the process engaged in at all phases thus far of N2 Gateway has failed to realise, failed to adapt to – by failing to consult, listen and negotiate.

The attempt to find solutions in the courts to a political and social problem is futile. This is what Sisulu, the housing DG, the Prince Xanthi, John Duarte, Richard Dyantyi – the government and Thubelisha tops – have been trying to do. This actually means forced removals, with, inevitably, police overreaction, injuries, possible deaths. It is the poor who suffer the consequences.

In the Western Cape, COSATU offered to mediate solutions to the problems in both Joe Slovo and Delft. This has been ignored by the government and Thubelisha.

It is bureaucratic madness to try to forcibly evict Joe Slovo residents to Delft, where they do not want to live, on the margins of the city, and at the same time to forcibly evict Delft residents from houses that are not wanted by Joe Slovo residents, which are desperately needed by Delft residents who have nowhere else to live.

Who controls allocation of the houses in N2 Gateway? In theory it is supposed to be a collaborative project between the province, Thubelisha, and the city. In practice it is controlled by Thubelisha – who use it for their own inflexible ends.

Constantly spokespersons for Thubelisha proclaim that this is a “pilot project”, a “laboratory” – but in a social science “experiment” it is vital to listen to feedback from your so-called “beneficiaries”. This the N2 Gateway project – in particular Housing Minister Lindiwe Sisulu, and Thubelisha general manager Prince Xanthi Sigcau has signally failed to do.

This is why blood is on their hands, in the injuries suffered by women and children from the bullets of police in Joe Slovo last September, and again in Delft today. They are building up a legacy of bitterness against themselves.

As the housing crisis deepens, these problems will get worse, not better. There will be many conflict situations ahead.

Lindiwe Sisulu has a particular responsibility in this. The N2 Gateway is her “flagship project” yet she has not lifted a finger to try to resolve the problems. Instead she has taken a hardegat line but left it to her subordinates to impose. She is a coward not to come and meet the Joe Slovo and Delft communities face to face.

Lindiwe Sisulu, strangely, was one of the 40% of Mbeki’s ministers who survived onto the NEC. Moreover she has been elected to the 20-member National Working Committee of the ANC. She should be forced to resign.

Martin Legassick








Follow

Get every new post delivered to your Inbox.

Join 607 other followers