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.

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”.

“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.

Tuesday 5th February 2008
1pm

This Thursday, 7th February 2008, eight Joe Slovo residents charged with public violence last year will appear in the Cape Town Regional Court in Parow (Court Number 4).

The Joe Slovo Task Team is very disturbed that the case has been moved from the Bishop Lavis Magistrates Court to the Regional Court and that it is set down for trial, whereas they do not even have a lawyer.

The community of Joe Slovo intends to hold a protest outside the court in large numbers.

Mzwanele Zulu, spokesperson for the Joe Slovo Task Team says “we don’t even know why this case has been brought against us. It was well documented that it was the police who committed public violence against us by shooting us at an illegally unacceptable close range with rubber coated metal bullets and dragging old women along the ground and injuring them. All of this was photographed and captured on video”.Zulu added that the arrests were even more illegitimate because the police targetted activists only, whereas the entire community was involved in the peaceful protest.

The arrest of Zulu himself did not take place during the protest but two days later when Zulu went to the Langa police station to inform police that the community wanted to have a meeting inside the settlement to discuss the way forward.

The police agreed not to harass the meeting in any way. However, just minutes later as Mzwanele was walking home, police swooped on him and arrested him. The community later heard that there was an instruction from the provincial commissioner to arrest Mzwanele. This is ludicrous because at the protest, the police insisted on speaking to a negotiator from [the] Task Team and Mzwanele was that negotiator. So it is clear that Zulu was arrested merely for being a community leader and for speaking to the media.

We are seeing a disturbingly increased use of the public violence charge by the state against protestors, especially against chief marshalls or community or union leaders or community media spokespersons. It is unlawful for the police to charge people who are not committing any crime. Last week, the SA Municipal Workers’ Union Chief Marshall Leon Johannes was arrested for public violence merely for asking the police to stop shooting at other protestors.

For comment, call Mzwanele Zulu on 076 3852369

By Niemah Davids and Asa Sokopo

Source: IOL

“I have nothing left, not a cent, not a piece of clothing, nothing. I wasn’t in time to save anything.”

This was how a mother of three small children, Nosipho Gowa, described the aftermath of a fire that ripped through the Joe Slovo informal settlement in Langa on Sunday night.

Gowa is one of the residents fighting a move to Delft.

Last night, some residents were still adamant that they would resist moving to temporary housing in Delft.

The government is embroiled in a legal battle to get the residents moved so that the next development of the flagship N2 Gateway housing project can take place.

About 250 families were driven out of their homes when the fire broke out at about 5.50pm.

Gowa, 45, who shares her home with her children and her sister, said she was at a church meeting when the fire broke out.

She was thankful no one was in the house when it started.

“I can only imagine what would would have happened if anyone was inside (the house). One of my children or my sister could have been badly hurt, even me,” she said.

Thomas Nsibi said he was in “shock” and could not believe he had nothing left besides the clothes on his back.

“This is a very sad time for me and my family,” he said.

This morning Western Cape Social Development MEC Koleka Mqulwana promised that relief funding would be provided for the estimated 250 families who were displaced .

“We are going to help people with packages of clothing, books and school uniforms.

At the informal settlement on Sunday night, some residents were adamant that they would resist moving to the government’s temporary housing in Delft.

The government is em-broiled in a legal battle to get the residents moved so that the next development of the flagship N2 Gateway housing project can take place.

CAPE TOWN, ­ SAMWU is disgusted and appalled that the police opened fire at close range with plastic coated steel bullets at our members in Cape Town one hour ago.

The march through the City ended at 1:30pm, after Helen Zille refused to receive demands of the workers¹ memorandum. Then, the marchers were walking back to Kaisersgracht, District Six to take their transport home, and three casspirs and eight vans full of police followed them. The SAMWU members had reached a field near Kaisersgracht, were slightly out of the public eye when the police suddenly threw a stun grenade at the marchers for no reason.

Immediately after this, police opened fire at close range with plastic coated steel bullets.

12 SAMWU members sustained injuries and have been rushed for medical attention.

The Chief Marshall and a senior SAMWU leader, Leon Johannes approached a senior police officer, Captain de Graaf asking him  to stop the shooting. The police then threw Johannes and two other workers standing with him to the ground and arrested them. These are unlawful arrests and SAMWU will challenge them.

Johannes now can be reached in prison on this number: 083 730 3114

SAMWU would like to issue a very stern warning to the Minister of Safety and Security and Helen Zille:

We will not accept police brutality at our marches. The police are well aware that firing plastic coated steel bullets at close range can be fatal. SAMWU intends to make a legal case for damages for this unprovoked attack. We are currently collecting evidence, affidavits and consulting legal counsel about this.

Ashraf Cassiem from the Anti-Eviction Campaign presents a memorandum to First National Bank in protest of the Bank’s support for forced removals.

MARCH AGAINST

EVICTIONS

NO LAND, NO HOUSE,

NO VOTE!

When: Wed 30^th Jan 2008

Where: Magistrate Court, Cape Town (between Buitenkant street & Parade street)

From: Gympie Street, Woodstock, via Sir Lowry Rd, into Buitenkant Street, turn into Barrack Street, turn right into Parade Street to Court.

Time: Starting point depart 7h30am arrival at Court 8h30

BACKGROUND

For two years now the people of Gympie Street have been living under the threat of eviction from their landlord. Different people have been coming around claiming to be representing the landlord and wanting to collect rent. The residents want clarity on whuch the real landlord is and are quite prepared to pay a reasonable rent. The landlord had the people evicted in the middle of winter, just like the previous apartheid regime. The landlord has tried all sorts of intimidation, from sending the police, to having the water and services turned off. It is clear that the threatened mass eviction of families who have been staying there for decades, is part of the gentrification process to clear the centre of the city of the working class so that landlords and capitalists can profit. Now the landlord has again threatened court action against the residents.

For more information

Contact:

Willy Heyn 0731443619
Zehir Omar 0824925207

Western Cape Anti-Eviction Campaign Press Statement
Tuesday 29th January 2008
11am

MITCHELLS PLAIN - On Wednesday 30th January 2008 at 7 am, 100 residents from Freedom Park, Tafelsig will march on the Mitchells Plain Magistrates Court.

The residents are marching from 112 Tafelberg Rd and marching on the court.

The march is against the pending evictions of four families from
shacks in the area. Each family has about three children and some are pregnant.

There are empty houses in the area but the council does not want to allocate these houses to the families. They say “they can’t help the people who live in shacks”. Yet these families have been living in the shacks for more than 10 years.

The entire community supports the families. “If they want to put them out then we will take action”, said Sharia Abraham of the Tafelsig Peoples Forum.

…/ends
For comment call Sharia Abraham on 083 896 6922