Mercury: Everyone needs a stake in our society

5 03 2008

Across the country, housing has become the single largest cause of conflict between the state and poor communities
by Imraan Buccus

Source: The Mercury
March 05, 2008 Edition 1

Last week shocking images of the police shooting at Cape Town’s poorest citizens were beamed around the world as the people of Delft were attacked. The damage to the city and the country caused by these images that looked like a flashback to the 1980s is incalculable.

South Africa once had a reputation as a haven of respect for human rights. People came from all over the world to learn from us. Those days are over. The atrocious rates of violence against women, xenophobia, threats to academic freedom, press freedom and the independence of the judiciary, not to mention the widespread corruption of the business and political elite, have robbed us of the moral high ground we briefly held after the negotiated transition.

The tragedy is that the disaster in Delft was widely predicted and could so easily have been avoided. Top-down planning with the aim of removing the poor from the city in advance of the 2010 World Cup had become almost farcical. The Western Cape provincial housing department decided to move 6 000 people from the Joe Slovo shack settlement near the airport (where tourists could see them) to Delft, 30km away, where they would be well hidden from tourists. But the people from Joe Slovo refused to accept forced removal to Delft and the people from Delft were furious that the houses built in their community and promised to them would now be forced on people from outside who didn’t want them. The people from Delft, with the full support of the people from Joe Slovo, occupied the houses in Delft.

The police were sent in to evict the occupiers violently. More than 20, including three children, ended up in hospital. But the police violence has hardly resolved the problem. People in Joe Slovo are still refusing the forced relocation and people in Delft are still homeless. All that has been achieved is that the Delft houses are now empty.

Global experience shows that developing countries need to dedicate between 6% and 10% of their national budgets to housing if they want to meet the needs of their people and avoid major social conflict.

The average developing country devotes 5% of its national budget to housing. Here in South Africa we are spending only 1.5% of the national purse on housing.

Every year the housing backlog grows. Moreover the houses that are being built are largely entrenching apartheid spatial segregation. The apartheid system was condemned for building bleak townships on the urban periphery. But post apartheid housing “delivery” continues to build bleak townships on the urban periphery rather than to develop integrated, compact, vibrant cities with open democratic public spaces like parks, sports and cultural facilities, libraries and so on.

It is therefore unsurprising that across the country housing has become the single largest cause of conflict between the state and poor communities. We have not been immune from this here in Durban. In November 2005 and again in September 2007 images of police shooting at shack dwellers in Clare Estate were also beamed around the world. It is common knowledge that Amnesty International and Human Rights Watch are both investigating human rights abuses in Durban.

A study of developing countries that have had to confront housing crises reveals three basic responses.

The high road begins with a recognition of the problem, followed by serious budgetary commitments and the creation of a genuine planning partnership between government and the poor. This is the route that cities such as Naga in the Philippines and Curitiba in Brazil have taken.

This kind of bottom-up development creates safe and just cities in which the whole population has a stake. It creates the foundation for genuinely inclusive and sustainable development.

The middle road is denial. Denial of a housing crisis is often accompanied by massive expenditure on prestige projects such as stadia, conference centres, waterfronts, international events and so on in the vain hope that these pockets of extravagance will detract from the poverty and misery slowly engulfing the city.

Baltimore and Cape Town are infamous examples of this approach. Investment in prestige projects and events does not trickle down to the poor and this approach inevitably leads to radically segregated cities with wealth and opulence on one side of the razor wire and poverty and desperation on the other. These cities will never be safe cities.

The low road is to stigmatise the poor and their housing solutions (often by calling them slums) as a threat to society and to make poverty a security issue. Harare is of course the most notorious contemporary example of this descent into what ultimately becomes a war against the poor.

In KwaZulu-Natal the passing of the Elimination of Slums Act last year was a clear indication that this is the direction that the provincial government is now looking towards.

In general South Africa seems to be veering between the middle road and the low road. We can only hope that the tragic events in Delft will be a wake-up call to the state and civil society.

If we do not begin to build just and inclusive cities our future will look a lot more like Delft – bleak, desperate and violent.

For years now the organisations of the poor have been warning us about the direction that our country is taking. We need to begin to listen. We need, fundamentally, to rethink the way we do things and we need to do it urgently.

The cost of continuing on the current path will be ruination. It is essential that we begin to build a society in which everyone has a meaningful stake, in which everyone has basic needs met and in which everyone can express views freely.





4th baby born on Delft Symphony pavement

2 03 2008

Yesterday, 1st March 2008 at 2:15am, Doreen Heneke gave birth to a baby boy. This child is now the 4th baby to be born amongst the Delft Symphony Pavement Dwellers since they were brutally evicted from their homes on 19th of February. The first child was born the day of the evictions.

Doreen has not yet decided on a name for her child. But, inspired by her community’s struggle for housing, she is looking for a name that honors her experiences over the past few weeks.

photo-0037.jpg





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





Court not swayed by Delft appeal application

18 02 2008

February 18, 2008
Source: M&G

The Cape High Court on Monday dismissed an application for leave to appeal against an eviction order that compelled illegal occupiers of unfinished homes in Delft on the Cape Flats to vacate their houses by 6pm last Sunday.

The application for leave to appeal was filed at the high court last Friday, and had the effect of suspending the eviction process that had been scheduled for last Sunday. However, Monday’s dismissal of the application reinstated the status of the eviction order.

Grounds for the application for leave to appeal were that the court had erred in treating the eviction application as urgent, in the first instance, and in making the provisional eviction order that was granted final.

A third ground was that the scheduled eviction of about 1 600 people was not just and equitable, and a fourth was that the court should instead order mediation through the authorities and the illegal occupiers.

Judge Deon van Zyl ruled late on Monday that the grounds were altogether without merit and that no other court would reach a conclusion different to his.

In the course of argument, lawyers Andre Coetzee and William Booth, acting for the illegal occupiers, contended that the process of allocation of houses left much to be desired.

However, the judge said the process was totally irrelevant and that it could not be raised as a defence for the illegal occupation of the unfinished houses.

He said he had hoped to hear during the eviction proceedings the defence that the occupants were in lawful occupation and could thus not be evicted, but this had not been the case.

He said the fact that the allocation processes were not fair did not entitle the unlawful occupiers to take the law into their own hands. There would be anarchy in the country if this were allowed.

Coetzee said the reality was that eviction would leave people homeless, but Van Zyl responded: “If they were homeless before their unlawful occupation, they will remain homeless. They chose to unlawfully occupy homes that had not even been completed yet.”

Earlier on Monday, the Western Cape Anti-Eviction Campaign said: “The residents have vowed not to stop the fight. They are now preparing to petition the Supreme Court of Appeal in Bloemfontein and thereafter will take their fight to the Constitutional Court.

“The judge and African National Congress government and Thubelisha Homes are treating the residents of Delft as if they have alternative accommodation. Yet not one of them has any place to go. All of those who moved into the new houses were either homeless or backyard dwellers.”

Asked when evictions would get under way, Thubelisha general manager Xhanti Sigcawu said he was expecting to hear from the sheriff before the end of the day. “We’ll take our cue from the sheriff,” he said. — Sapa





Press Update: Delft residents lose High Court Appeal, will now petition the Supreme Court of Appeal in Bloemfonte

18 02 2008

Western Cape Anti-Eviction Campaign
18 February 2008
4:10pm

CAPE TOWN – 1600 Delft residents, who occupied new houses last year after the government failed to house them for 20 years or more, have just lost their appeal against an eviction order in the Cape High Court.

The judge said there was no basis for the appeal, thereby supporting the state’s view that homeless people and backyarders and those who have been on housing lists for decades, essentially have no practical right to housing.

The residents have vowed not to stop the fight. They are now preparing to petition the Supreme Court of Appeal in Bloemfontein and thereafter will take their fight to the Constitutional Court.

…/ends
for comment call Ashraf Cassiem on 076 1861408





Press Release: Delft Appeal will be heard today 2pm in the Cape High Court

18 02 2008

Western Cape Anti-Eviction Campaign Press Release
18 Feb 2008
1pm

DELFT, CAPE TOWN – The appeal of hundreds of residents from Delft, who face eviction from the homes they occupied two months ago, is to be heard urgently at 2pm today (February 18th 2008). This decision was made at a meeting in chambers this morning.

Thubelisha Homes and the Provincial ANC government will oppose the peoples’ appeal against the eviction order.

The Western Cape Anti-Eviction Campaign is against the court’s earlier final eviction order. The court didn’t even mention anything about alternative accommodation. They also refused to have an arbitration with the people of Delft to come up with a compromise.

The judge and ANC government and Thubelisha Homes are treating the residents of Delft as if they have alternative accommodation. Yet not one of them has any place to go. All of those who moved into the new houses were either homeless or backyard dwellers. Many had been on the waiting list for 20 years. Many of those who considered themselves “backyarders” in fact were living in appalling conditions in the back yards of homeowners, such as those families who attached a piece of tarpaulin to the backs of bakkies and slept every night for years in this so-called “tent”.

The AEC is currently carrying out a door to door survey of the socio-economic situation in Delft and the results will be released soon.

The AEC demands that housing be provided now for those who need it, instead of hundreds of pointless stadiums that costs billions of rands.

For comment call AEC Legal Co-ordinator Ashraf Cassiem on 076 1861408





We’re not budging – Delft residents

7 02 2008

By Dianne Hawker, Niemah Davids and Leila Samodien

Source: IOL
“Ons gaan nerens,” (We are not moving) was the emphatic response of Delft residents after the Cape High Court ordered them to vacate the incomplete houses in the Delft phase of the N2 Gateway project they have illegally occupied since December.

Cape High Court Judge Deon van Zyl on Wednesday granted an order sought by Housing MEC Richard Dyantyi, housing agent Thubelisha Homes and building contractors to have the more than 1 000 illegal occupants evicted.

After a lengthy day of argument, Judge Van Zyl granted the order at about 5pm, saying that residents who had originally lived in backyards in Delft would have to be out of the houses by February 17.

‘This is our houses if we can’t live here, we’ll burn these houses to the ground’

A man jumped up as the judge attempted to leave the court, shouting that he too wanted to be heard.

It was unclear what he intended to say and his voice was soon drowned out by cries of “ons gaan nerens” from the packed public gallery.

Residents echoed these sentiments in Delft last night, when the community hostility turned violent.

About 70 residents, including young children, gathered in a street at the back of the development, burning tyres, toyi-toyiing and singing.

Some hurled insults and threats at security guards, who struggled to restrain their guard dogs. Others danced around fires, chanting: “No more securities”.

‘They can bring the army and the police’

“This is our houses if we can’t live here, we’ll burn these houses to the ground,” shouted a pregnant woman.

“We’re not going anywhere, we’ll fight for our houses,” another resident bellowed.

Police vehicles, including one armoured van, arrived minutes later and a handful of policemen, brandishing weapons loaded with rubber bullets, were deployed. The angry mob was finally dispersed at 9pm and no one was injured.

Spokesperson Captain Eliot Siyangana said this morning there was still a police presence in the area.

“But there’s nothing happening,” he said.

Community leader Mzonke Poni, who is also co-ordinator of the Anti Eviction Campaign, said that residents were now calm, “but we still have hope that we won’t be evicted”.

While last night’s reaction might be a glimpse of what could happen when residents are eventually evicted, community leaders maintained that they would “not take a violent approach” come February 17.

“They can bring the army and the police, but we do not intend to leave we will die here,” said community spokesman Lamla Zenzile.

Minutes after the judgment was handed down yesterday, Poni informed the crowd outside the court of the outcome.  They all agreed that they would not leave the Gateway houses.

“They would have to kill me first, but I’m not moving out of my house,” said Charmaine.  She said she had been living in Delft for “many years” and under no circumstances was she prepared to leave.

Another resident Wiedaad Baartman agreed. “I don’t want to move, and I have no place to go to if I have to. Do they want me to sleep on a field with my family?” she asked.

Another resident who declined to be named, wept inconsolably as she left court, saying “this is not fair”.

Poni, told the crowd: “This is the beginning of our revolution”.

He told the Cape Argus on Wednesday that despite the eviction order, there was still a high level of commitment among residents to fight the order. Residents were planning to appeal, but they still needed to consult with their lawyers.

On Thursday morning he said a meeting would be held at 6pm on Thursday, but indicated that they would be changing their lawyers.

The group of Delft backyard dwellers illegally occupied the houses shortly before Christmas, seemingly at the instigation of DA city councillor Frank Martin. Martin, who was present in court, faces charges of incitement.

Addressing advocate Steve Kirk-Cohen, for Thubelisha and the contractors before judgment yesterday, Judge Van Zyl said: “I want to be fair to these people, who accepted the advice on good faith from someone of authority. I feel they were ill-advised.”

He said the eviction orders were “one of the most difficult” orders for any judge to give.
He said judges felt “incredibly sympathetic” to those who were about to be evicted.
“But the court can never sanction someone taking the law into their own hands.”
He asked for the “full cooperation” of all those currently illegally occupying the houses.








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