The Kennedy 12 Case Postponed Until 29 November – the Five Jailed Comrades to be Released Tomorrow

The political interference around this case continued in the lead up to the start of the trial today. The prisoners were not brought to court and the state witnesses were not summoned to appear in court making it impossible for the trial to begin.

Neither the Investigating Officer nor the prosecutor could explain why the prisoners were not brought to the court or why the state witnesses had not been summoned to appear in court.

The magistrate could not understand this and she insisted that everyone has the right to a fair and speedy trial and that these endless delays are not acceptable. She set down the trial for the 29th of November and said that the accused and the witnesses must be summoned to appear in court on that day and that the trial will definitely go ahead on that day. She also said that the five prisoners must be brought to court tomorrow and that they will be released on a bail of R1000 each. The political interference in this case will cost them one more night in Westville Prison but tomorrow they will be free.

This is the first time, since this matter started ten months ago, that a magistrate has acted fairly and in accordance with the law. We welcome this and the fact that the five members of the Kennedy 12 that have remained in prison for ten months without a trial, or any evidence being brought against them, will be released tomorrow.

Our advocated read out a letter to the court from the Investigating Officer which said that the state witnesses had said that they would only be prepared to give evidence if they were given houses. It is clear to us that the state is trying to delay this trial by undermining the court process because they have no evidence against the accused.

We note that only seven members of the ANC, led by the shacklord Zandile Mdletshe, attended the court proceedings today. Slowly but slowly the lies that the ANC have told are being revealed and the truth is remaining. People are no longer interested in being bussed into court by the ANC to attack our movement. They have become aware that they are being abused by the politicians.

There were 150 AbM members in the court and the media was there in full force.

Once again we extend our warm and deep thanks to all the hearts and minds that prayed and struggled with us in the lead up to today.

We are busy organising a welcome ceremony for the five that will be released tomorrow. Bishop Rubin Phillip will be part of the welcoming delegation. Full details will be available from our office later on this afternoon.

For comment or more information please contact.

Bandile Mdlalose, Abahlali baseMjondolo General Secretary: 074 730 8120
Mnikelo Ndabankulu, Abahlali baseMjondolo Spokesperson: 079 745 0653
S’bu Zikode, Abahlali baseMjondolo President: 083 547 0474
Mzwake Mdlalose, Kennedy Road Development Committee Chairperson: 072 132 8458

As part of the ANC’s campaign to undermine the independent social movements, Mncedisi Twalo and Mbulelo Zuba will appear in Athlone Magistrates Court on the Tuesday the 10th of March, 2009 at 10am.  The charges of obstructing the IEC are false accusations made by ANC provincial chairperson Mcebisi Skwatsha and councillor Belinda Landingwe – who had no business being at the IEC registration table to begin with.

Gugulethu residents and other AEC supporters will come out in numbers to support their comrades.

While police routinely arrest activists on false charges all over South Africa, almost all cases are dropped for lack of evidence.  We expect this one to be dropped as well.  Please come out and support us.  Help with legal fees would also be appreciated.

For more information, contact Pule at 073 6448 919 and Speelman at 073 9825 725.

For WCAEC legal comment, contact Ashraf at 076 1861 408.

A few days ago, Jerome Daniels and Riedwaan Issacs were released parole after their lawyer lodged an appeal to the ruling of Magistrate Van Graan. Jerome and Riedwaan, who have been serving their sentences in Polsmoor and Goodwood prisons, where sentenced by Van Graan who argued that he needed to hold the defendants responsible even if they were not present during the incident and that he furthermore needed to “teach the Anti-Eviction Campaign a lesson”.

The AEC maintains that the ruling is both politically motivated and an attempt discourage poor South Africans from participating in social movements such as the Anti-Eviction Campaign. Residents of Symphony Way have stated that “if the justice system was fair, the Magistrate would never have sentenced Jerome and Wanie in what his judgment stated was in the interest of the community. Because if you ask anyone in our community, the judgment meant that we had lost two of our most tireless community workers. This was obviously not in our interest.”

AEC members went to welcome the political prisoners back home when they arrived out of prison. On their arrival, Jerome and Wanie thanked the Anti-Eviction Campaign and all the residents of Delft and Symphony Way who have continued to be there to support them. They said that they appreciated the petitions and pledges of solidarity from people all over the world.

Jerome also said that, though terrifying at first, the sentence was “a breeze” because he knew he had the backing of his wife, his children, and the community. They both said that the time in jail only made them stronger and they vowed to continue to fight against the continued oppression of their communities.

Unfortunately, Jerome and Wanie were not able to comment because the conditions of their parole preclude them from discussing the case. The AEC would also like to point out that, in addition to normal terms, their parole (in a political below the belt punch) prohibits them from working, in any way, shape, or form, with the Anti-Eviction Campaign.

For comment, call Ashraf at 076 1861408 or Auntie Jane at 078 4031302

Anti-Eviction Pavement-Dwellers of Symphony Way in Delft are heading to Bellville Magistrates Court to show their support for Jerome Daniels and Riedwaan Isaacs who were imprisoned two months ago for being part of the Anti-Eviction Campaign.

The AEC maintains that the magistrate’s ruling was politically motivated and that Jerome was attempting to prevent residents from being violent while Riedwaan was not even in the area when the incident occurred.

We are hoping that today’s appeal will see Jerome and Riedwaan walk out as free men.  We are also hoping that in the future, the law will not be arbitrary.

For comment please call Aunty Jane at 078-4031-302 and Ashraf at 076-1861-408

I gather that a revolutionary in America is, someone, not quite viewed through the same rose-tinted lens worn by us Southerners.

Mandela made the cover of Time Magazine again this week. It’s his fourth time on the cover. I couldn’t resist picking it up as I walked past the magazine rack at the local store, knowing well that I was going to be presented with yet another romantic glorification of his role as reconciler.

Not that I disagree with the sentiment. I join the rest of the world in praising the power of his peacemaking in our deeply divided nation. But Mandela is my hero for a few different reasons too. There is much more to our beloved leader than the image of the sanitised reconciler we’ve been fed since his release from prison.

In the early days of the apartheid struggle, Mandela was a stirring political activist. Those are the dark days when the very people who are celebrating him today, had their backs turned to him.

The political activist that I wish to remember is the terrorist that the Americans want to forget. The man, who frustrated by the savage methods of his oppressors, took up arms against them, earning himself the unfair label of terrorist, while it was the apartheid government, run by a bunch of racist bullies, which should have been put on America’s terrorist list.

Mandela’s journey to the top has been strewn with perils, including the threat of death, which he embraced as a political activist prepared to die for his principles. The sacrifice he offered in the closing remarks of his Rivonia Trial speech continues to inspire a new generation of activists even today. He said:

“I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal, which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.” Nelson Mandela. Rivonia Trial, April 20, 1964.

Forty-four years later, on the eve of Mandela’s 90th birthday, listening to a podacst of his Rivonia Trial speech, it occurs to me that many of the things he was prepared to lay his life on the line for, have not changed. His seminal speech was about the appalling socio-economic conditions of black South Africans and the gross inequality between the lives of white and black South Africans.

How tragic and ironic that despite Mandela’s sacrifices – with only the difference of political freedom – if the dates were changed in his Rivonia Trial speech, he could easily rerun it as a commentary on modern day South Africa.

The downtrodden of South Africa are still stuck in the trenches of a struggle for their socio-economic freedom.

Nevertheless, even as Mandela has become far removed from his people, he continues to be a man of extraordinary character and integrity and even enjoys the love and respect of those who have been betrayed by the democratic transition.

Sbu Zikode, president of Abahlali Basemjondolo, the shack dwellers organisation, says “We take Mandela as a second Jesus Christ, who was jailed for all of us. We really appreciate the sacrifice that he made.  We all fought together as brothers and sisters … and it is more hurt(ful) when it is our own brothers … who are now oppressing us.”

Through ‘anger, hunger and frustration’ Abahlali’s shack dwellers have taken to the streets to protest the conditions under which they live. They are pained and disappointed by the lack of priority assigned to their plight by the democratically elected government and have, in recent years, been increasingly active in expressing their constitutional right to protest.

When laws don’t work for people, civil disobedience is allowed. This is the lesson that we learned from the young Mandela. Not that Abahlali’s protest action is unlawful.

Given the history of our leaders, it is surprising to note the crackdown on community activists of today. The story of Jerome Daniels and Ridwaan Isaacs is a case in point. They are both community leaders from the Delft informal settlement, involved in the struggle for decent housing, who have recently been sentenced to a year in jail for their political activism.

In handing down their stiff sentences, the magistrate contended that he was doing so in order to “teach the Western Cape Anti-Eviction Campaign a lesson.” This campaign, which both the accused are members of, is a sister organisation of Abahlali.

So as we get caught up in the heady moment of this iconic birthday celebration – and in the rhetoric of reconciliation, it would also serve us well to remember that the struggle is far from over for many South Africans who are enslaved by their socio-economic conditions.

Mandela, the struggle activist of the 60’s understood that contestation is an essential part of democratic engagement. We draw on the strength of this knowledge in the South Africa of 2008, where the struggle for social justice is far from over.

By Fazila Farouk, founder and executive director of the South African Civil Society Information Service.

Read more articles by Fazila Farouk.

http://www.sacsis.org.za/site/News/detail.asp?iData=140&iCat=1441&iChannel=1&nChannel=News&posted=1

Please help Jerome, Reidwaan, their families and the entire Delft-Symphony community!

• Click here to sign our online petition.

• To download the petition and collect signatures in your community, click here for English and here for isiXhosa.

For the entire AEC press release, click here.

For comment, please call Ashraf at 076-186-1408 or Auntie Jane at 078-403-1302.

Update: AEC was able to raise funds from within the community and from various well-wishers.  They are now in the process of appealing the conviction in Cape Town High Court.

The Anti Eviction Campaign is under attack in the Western Cape. Magistrate Van Graan sentenced two leading members of the Delft-Symphony Way settlement, Jerome Daniels and Riedwaan Isaacs, to a year in prison. The Anti Privatisation Forum cannot doubt the report from the AEC that the magistrate
made a politically motivated judgement in wanting to teach the AEC a lesson. He was not shy in his conduct and his judgement to emphasise the ties of the defendants to the organisation. Being a member of an organisation of the poor is incriminating enough for these hawks.

The crimimalisation of the poor is neither new nor restricted to the Western Cape. To be poor in south Africa today is to be at odds with the law. Matthews Ndlhovu was imprisoned for malicious damage to private property for removing a prepaid water meter in Phiri, Soweto in 2004 which device was
declared unlawful in 2007. This year Community activists have been facing down police beatings in Sebokeng, and death in detention in the killing of comrade Mathafeni. Police have gone on door-to-door hunts for ‘troublemakers’ in Boiketlong.

The APF shares the AEC’s outrage at the judgement against the AEC. Jerome Daniels and Riedwaan Isaacs were living in tents on the pavement outside the houses they had a right to be occupying. Their guilt in this case is to be struggling for the community’s right to housing. The courts have demonstrated that they are not just institutions as much as ready weapons.

The judgement against the AEC – because it is not against comrades Jerome and Riedwaan – must be overturned. From their houses, to the streets and now to the prisons, the state is trying to break the resolve of poor communities to struggle. There is no need to say it when the numbers of the poor are growing, that their struggle is our struggle and it will continue.

–
Anti Privatisation Forum
123 Pritchard Street (cnr Mooi)
6th floor Vogas House, Johannesburg
Tel: (011) 333-8334 Fax: (011) 333-8365
Website: www.apf.org.za

Anarchist Communist Front wishes to express its heartfelt solidarity with Mr Jerome Daniels and Mr Riedwaan Isaacs – two Delft Anti-Eviction Campaign members who, on Wednesday 2nd July, were sentenced to 12 months in prison for their political and social activism.

The two – one of whom was not even present in the community when the incident in question took place – maintained their innocence in the face of charges of malicious damage to property; although it is clear that what was really on trial was their role as community activists in the Delft-Symphony Way settlement. The testimony of one Mrs Evelyn Mokoena, who was speaking in defence of the accused, was repeatedly interrupted when the magistrate questioned the defendants about their involvement in the Anti-Eviction Campaign, a grassroots and autonomous social movement.

In passing his verdict Magistrate Van Graan said that he was holding Mr Daniels and Mr Isaacs responsible for the actions of their community; which dismantled the tent of one of its residents after a person the owner, Elmory Isaacs, allowed to stay in her tent threatened other community residents with violence. She acknowledged, however, that when the evicted occupants of the Delft Symphony N2 Gateway homes began their pavement encampment they agreed – as a community – to remove anyone who threatened or used violence against other community members. When it became evident that it was the community as a whole which took the decision to dismantle Ms Isaacs’ tent the magistrate said “I can’t understand under what circumstances does the community take a decision? [...] Is this what is happening in this country? Is this thing justifiable?”.

It appears clear to us from the above statement that what the magistrate particularly objected to was community self-organisation independent from the state. Therefore it was arguably not just a political judgment, but specifically a political judgment against libertarian collectivism. A judgment against working class and poor people struggling for collective control over their lives and communities; a judgment against poor people having decision-making power over the issues which directly effect them.

Despite the defence attorney recommending a warning as opposed to the magistrate’s sentence, as both the accused have children, and the prosecutor suggesting a fine but not any jail-time the magistrate sentenced the accused to serve 12 months each in Goodwood Prison, with a possibility of a six month suspension for good behaviour.

The magistrate argued that he had to teach the Anti-Eviction Campaign a lesson, and it is therefore plain to see that the accused are being persecuted and victimised for their political activism. We as ZACF support the assertion of the AEC and Symphony Way residents that Mr Isaacs and Mr Daniels are political prisoners being held hostage by the state – the armed defender of oppression and injustice – for their political activism and for fighting for a better life for their families and community.

Because we believe this to be such an outrageous judgment we feel there is a good chance of having it overturned and have therefore, with minor contributions from the Active Resistance initiative, already contributed half of the amount the AEC required in order to appeal the finding. We challenge all our comrades and supporters of the AEC and progressive social movements to raise whatever amount still be required.

We vehemently condemn the unjust conviction of these two community activists whose only crime is to fight for a better life; and we fully support the AEC and Symphony Way residents in seeking their release before the end of the month.
Free Jerome Daniels and Riedwaan Isaacs!
Free all political prisoners of the class war!
ISSUED BY: Jonathan Payn (Regional Secretary, Zabalaza Anarchist Communist Front, Johannesburg), Wednesday, 9th July, 2008.

For information on how to donate, please visit:

http://antieviction.org.za/donations/

http://www.zabalaza.net

Secondly the high court judgement against the residents of Zilleraine. Not only does the court grant the DA-ID-led City Council an eviction order but they specifically call on the army to also be used if necessary to enforce the eviction. Further, the court bans the residents from setting up shacks in any part of the Cape Metropole- thus the residents are not only evicted from Grassy Park but from Cape Town (except for the dumping ground in Happy Valley where the City Council wants them to go). The court judgement is nothing else but a similar type of ‘Slums Clearance’ as trialled in KZN.

The question on both judgements could be asked: Why now? Big capital is going on the offensive, such as forcing more people into starvation through higher food and fuel prices. This means that the capitalist state apparatus is preparing to crush the resistance that must arise as a result of the masses rebelling against hunger and early death. Social control of the masses is what is behind these judgements. This is similar to the social control of forced removals as practised by the apartheid state.

We call for all working class communities, for the AEC, the ABM, the residents committee of Zilleraine heights, and all progressive organizations to work together to defend the masses from these increasing attacks by the state. No to victimization of housing activists and no to forced removals!

issued by WIVL 1st Floor Community House, 41 Salt River rd, Salt River, 7925, ph 0822020617 ph 0214476777 email wivl@sn.apc.org website www.workersinternational.org.za (7.07.08)