Delft refuse, resist eviction

19 02 2008

By Asa Sokopo, Murray Williams and Andisiwe Makinana
19 February, 2008, 16:45

Source: The Star

Violence broke out in Delft Symphony section of N2 Gateway on Tuesday after residents who had been evicted from their homes following a court order tried to pull their belongings from removal trucks.

Police opened fire with rubber bullets and stun grenades after hours of tension erupted into chaos.

Journalists, photographers and residents ran for cover when police opened fire.

It is unclear how many were injured but on the scene the Cape Argus saw eight people with injuries, while residents claimed that some children had been hurt and were rushed to hospital.

The tension built up after a large eviction team, backed by security guards and a heavy police presence, moved into the area at 4.30am and began evicting about 1 600 illegal occupants from N2 Gateway houses after their application for leave to appeal against their eviction was refused in the Cape High Court on Monday.

Both tears and verbal abuse flowed as some residents complained that little children had been herded from their homes in the cold before dawn, and said they had no food or water on the street.

Some residents stood their ground – hurling abuse at police and security guards – and furniture had to be removed from the houses by security staff.

A large crowd gathered at a major intersection at the suburb, leaving police trying to control the situation between the houses and piles of rubbish in the streets.

Shortly before 11am, trucks loaded with furniture tried to make their way out of the area, but were blocked by groups of residents sitting in the road.

When some tried to wrestle their possessions from the trucks chaos erupted and riot police opened fire.

An angry and injured resident Berenice September said she would continue to fight till the end.

“I am still not going anywhere, they can shoot all they want!” she shouted.

Two men, visibly injured and one barely able to breathe, were locked in the back of a police van while residents pleaded with the police saying the two men required medical attention.

An altercation ensued between a Cape Argus reporter and the police when she inquired as to why the men were locked up and if they were going to receive medical attention.

Placard-carrying children had initially formed a barrier between the crowd and police before the violence erupted.

Pastor Shireen Horne of the Tehillah Community Collaborative in Elsies River said they would be pressing charges against the police.

She said the children were being placed under unnecessary stress by being evicted from their homes and what was happening in Delft was contradictory to the new child law.

An evicted resident, Anthea Williams claimed that during the process of moving her possessions, police had taken everything she had, including her baby’s nappies and food. The goods were apparently taken to a depot at Blackheath.

“They took everything I have saying that they don’t want my things lying in the street. I don’t know what I’m going to do,” she said.

Throughout the morning, numerous residents cried that the government did not care for them and screamed racial slurs about the people they said were were going to move into “our homes”.

At midday on Tuesday, many families had left the area, with their possessions piled high on to cars and bakkies. But hundreds of families refused to leave the area, promising to return to the houses on Tuesday night.

Police spokesperson Andre Traut said the court order instructed the residents to leave the entire area which remained an incomplete construction site and it was thus illegal for them to remain on the street on Tuesday.

As each house was cleared by the eviction team this morning, makeshift wooden boards that were used as panes were knocked out of the windows and a guard was posted outside each empty house to prevent people from returning.

“I don’t know where we are going,” said William West. “We used to live in a backyard, but they don’t want us there anymore.”

“What rights do the brown people have?” asked neighbour Elwin Smit.

The Anti-Eviction Campaign’s Mncedisi Twalo said the occupants were due to meet to discuss a way forward.

“Obviously we are so upset. We had hoped that the judge would consider the history of the housing backlog,” he said.

The evictions took place over several square kilometres of the N2 Gateway project in Delft.

Hundreds of backyard dwellers from Delft, Belhar, Elsies River and Bonteheuwel, who said they had been waiting for promised housing for several years, moved into the unfinished houses in the N2 Gateway project two months ago.

Most of the houses have been reserved for Joe Slovo residents who had lost their informal homes in a Langa fire two years ago.

Instructing attorney for the dwellers William Booth said this morning that they were considering an appeal against the High Court decision in the Supreme Court of Appeal in Bloemfontein, but that he was still waiting for specific instruction from his clients.

“There has been talk of taking the appeal route,” he said.

Thubelisha’s N2 Gateway general manager Prince Xhanti Sigcawu said on Tuesday that the company was waiting for the houses to be emptied and would send contractors to start repairs as early as Wedneday before the right beneficiaries (of the houses) can move in.

He estimated that it would cost them R20-million to repair the houses.

Sigcawu said Thubelisha was not going to penalise the illegal occupants as long as they moved out so the legal occupants could move in. – Additional reporting by Andisiwe Makinana, Dianne Hawker and Leila Samodien

policeshooting.jpg  img_3719small.jpg residents-lie-down-in-protest.jpg





Delft residents stranded

19 02 2008

by Verashni Pillay

19 February, 2008

Source: 24 News

Cape Town – Evicted Delft residents were stranded on the streets around the Delft N2 Gateway housing on Tuesday afternoon, with their belongings either broken or taken far away.

More than 1 000 backyard dwellers are illegally occupying unfinished government housing units in Delft. Police moved in early on Tuesday morning to aid the eviction process, carried out by the Sheriff of the Court.

On Monday the backyard dwellers’ application for leave to appeal the eviction order was dismissed in the Cape High Court.

“They don’t know where their belongings are going to. They don’t know where they are going to,” chairperson of the Western Cape anti-eviction campaign, Ashraf Cassiem told News24. “That’s why they’re just sitting where they are because they don’t have anywhere to go to.”

The Sheriff of the court, Mr J A Sassen, said that the belongings were taken to Saxenburg Storage facility in Blackheath.

“We explained to them we are going to store it in Saxenburg and they can go there and they can fetch it,” said Sassen.

However, Cassiem has not heard about the storage place at all and said that the day workers the sheriff had hired to carry out the evictions had broken many of the people’s possession.

Waiting for hospital treatment

Blackheath is about 15km away from where the people were, according to Cassiem, making it very difficult to retrieve their possessions.

Furthermore, there was no guarantee of finding one’s own possessions as many of the belongings were not tagged.

“When they took the stuff there was about eight different family’s stuff on one truck,” said Cassiem. “So how are you going to find your stuff?”

Meanwhile, the people who were shot and injured by police rubber bullets have yet to be treated at a nearby hospital, according to Cassiem.

“The doctors said they’re in a meeting and they can’t assist people now.”

The injured, amongst them a three-year-old boy who was shot in the foot, had been waiting for three hours for treatment at Delft Day Hospital according to Cassiem.

“They’re helping everyone else but not the people who were shot at,” he said.

The hospital could not be reached immediately for comment on Tuesday afternoon.

Minister of Housing Lindiwe Sisulu said in a statement that she had instructed building company, Thubelisha Homes, to do “everything in their power to assist the people of Delft who have occupied the newly built houses to move back to their previous places of accommodation”, and to provide them with transport for the relocation.

Nowhere to go

However, Thubelisha project manager Prince Xhanti denied that any such directive had been given when News24 contacted him on Tuesday.

He said the Sheriff of the Court was solely responsible for the people’s removal.

But Sassen said it was not his responsibility to ensure the people were taken somewhere.

“The order says I must evict the people and remove their belongings to a place of safe custody and that is what I did,” he said.

Many of the residents were sitting on the road outside the houses, with nowhere to go. Police were tasked with ensuring they did not re-occupy the houses.





Police brutality in Delft caught on tape

19 02 2008

Eyewitness footage by a community worker in Delft. This is video shot on his cell phone with a minute by minute account of how police opened fire on residents:

Video #1 – this was the situation about 10 seconds before the police started shooting. As you can see it is tense. However, there is no violence from any of the residents. The guy in the red shirt is a community leader with the Anti-Eviction Campaign. He is on the truck instructing residents to stay calm and sit down. Abut 10 seconds later, after someone tried to remove his mattress from the truck, the police started shooting into the crowd andstun grenades began exploding. The police claim that they were provoked by people throwing rocks, but as you can see, there were no rocks thrown at either police or the sheriff of the court before the police started shooting.

Video #2 – this was about 2 minutes after the first video was shot. As you can see, pretty much everyone has already run away. I took cover next to a group of media people assuming that the cops would not shoot at them. The cops were running after people and shooting at them even though everyone was running away and posed no threat to them. You can hear some gun shots in the video and some police running with their guns raise ready to shoot. At the end of the video, a policeman came running at me and the group of media with his gun raised. We ran away fearing we’d get shot (I personally was shot at about a minute earlier and was lucky not to get hit by the bullets).

Result: About 20 residents were shot. Most of these residents were women and children who were unable to avoid the bullets. Six children were shot and I personally brought three of them to the hospital. One of the children, who was only 3 years old, was shot three times and almost killed by the rubber bullets.

I also spoke with numerous residents who claimed a lady with a child in her hands was held at gunpoint by a police officer and ordered to run so he could shoot her from a non-lethal distance. She refused, lay down on the ground and curled up into a ball to protect her child. I spoke to this lady who confirmed that this was true.





Gympie Street residents arrested after move

4 12 2007

by adri-ann peters

4/12/2007

Source: Peoples Post
EVICTED Gympie Street residents remain positive that their next court appearance will bring with it the prospect of a new home for themselves and their families.

Six families were evicted from a privately owned block of flats in Gympie Street, Woodstock, in April 2006.
The owner of the building applied to the Cape High Court for an eviction order, which forced the families to live on the street for about six weeks until they moved back in June 2006, explained Willy Heyn, chairperson of the Gympie Street residents’ coordinating committee. The building is said to be earmarked by the owner for renovations in preparation for the 2010 World Cup.

When living conditions became unbearable with many residents suffering from physical illness, they decided to stand together and move back into the building. But Sergeant Hilton Malila, police spokesperson for the Woodstock Police Station, confirmed that six warrants of arrest had been issued to be executed on the morning of 29 November. Willy Heyn, Margaret Petersen, Lydia Portland, Marietta Monagee, Sarah Jones and Zubeida Brown were taken to the police station and then escorted to the Cape Town Magistrate’s Court.

They were charged for contravening the court order, but were later released with a warning coupled with instructions to appear on 30 January, when their lawyer, Advocate Zehir Omar, arrives from Gauteng.
Omar said residents who do not have a place to stay have protection under current legislation. “If residents do not have a place to go, they are permitted according to the Prevention of Illegal Eviction and Unlawful Occupation Act to occupy that unoccupied building.

“They are not contravening the order, because they are living in a different address in the building,” he said.
Mzonke Poni from the Western Cape Anti-Eviction Campaign agreed that the arrest executed by Woodstock police on Thursday was by no means a lawful one.

“This is not a criminal issue, it is a civil one and it should have been treated as such, according to civil procedures. The court should make their decision based on reports from both sides,” Poni said.

“The residents did not move back to the original flat units stipulated in the eviction order. Although it is the same building, it was not the same location, therefore proving the charge invalid. Poni said the group would help to resolve the matter through talks with the owner of the building.

The Gympie Street residents have also shown their support for Joe Slovo residents resisting forced removals.
Heyn continued that they would not give up. “We remain positive that things will work out for us. We want to stay in the building, but we’ll be willing to move to another suitable location,” he said.

People’s Post was unable to source comment from the owner of the building at the time of going to print. We undertake to publish this comment when it is forthcoming.








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