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A Special Announcement on the Local Government Elections

Tuesday, 22 March 2016

Abahlali baseMjondolo Press Statement

A Special Announcement on the Local Government Elections

On the 13th of March we held a policy conference to discuss a number of important issues. Each of the 28 branches currently in good standing in KwaZulu-Natal was invited to nominate 9 delegates to the conference.

One of the issues that was discussed at the conference was the matter of the upcoming local government elections. There was a long process, prior to the conference, in which this matter was discussed in our branches and in all other movement structures. Continue reading

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Abahlali baseMjondolo Policy Conference

Saturday 12 March 2016
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo Policy Conference

Abahlali baseMjondolo will hold a policy conference on Sunday the 13th of March at 9 am at the Surat Hindu Association Hall (Prince Edward Street) in Durban. Each of the 28 branches currently in good standing has been invited to nominate 9 delegates to attend the conference. The delegates will all be expected to report back to their branches for further discussion.

Continue reading

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The Struggle for Human Dignity Continues in the Shadow of Death

Friday, 12 February 2016

Abahlali basemjondolo press statement

 

The Struggle for Human Dignity Continues in the Shadow of Death

Life is always difficult in the shacks. If you are poor and black you can be killed with impunity. But it is not only the politicians and their izinkabi, or the police or private security companies that take our lives. We live in life threatening conditions every day. We die in the fires, from disease, drugs and crime. Our children die from diarrhoea. Our neighbours die because the roads next to the settlements are not made safe for pedestrians. The economy excludes us. The development of the cities excludes us. We are denied access to land, electricity, water, housing, education and work. We are also denied the right to participate in the discussions about the future of our society and in decision making about our lives and communities. Continue reading

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ANC councillors facing murder charges to return to court

 

Friday, 29 January 2016

Abahlali baseMjondolo Press Statement

ANC councillors facing murder charges to return to court

Two ANC councillors facing charges of murder, Mduduzi (Nqola) Christian Ngcobo and Luvelile Lutshelu, are due to appear in the Durban High Court on Monday, 1 February 2016. These alleged izinkabi (hitmen) are charged with assassinating Thuli Ndlovu, Abahlali baseMjondolo KwaNdengezi Chairperson and a senior leader member of our movement, on 29 September 2014. Both suspects are councillors of the ruling party and the party has protected them despite these serious allegations. We are told that they are still working for the party and receiving their normal salaries. Continue reading

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Occupy, Resist, Develop

18 December 2015
Abahlali baseMjondolo Press Statement

Occupy, Resist, Develop

The year 2015, the tenth year of the existence of our movement, has almost come and gone. On the 3rd of October we gathered at the Curries Fountain Stadium to celebrate ten years of struggle. More than four thousand comrades participated in the celebration. We have survived years of serious repression – including arrests, assaults, torture, imprisonment, the destruction of our homes, slander and assassination. In these ten years we have won many victories in the struggle for land and dignity. Continue reading

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The Struggle Continues: A Road Blockade, Two Comrades Shot

Tuesday, 03 November 2015
Abahlali baseMjondolo Press Statement

The Struggle Continues: A Road Blockade, Two Comrades Shot

The struggle continues after our successful celebration of our ten year anniversary at the Curries Fountain stadium.

Road Blockade in Sisonke Village

Yesterday the Sisonke Village Abahlali branch (Lamontville) took to the street and blockaded the road after a long wait for a ward councillor to respond to their demand. The community of Sisonke have been in the area for fives years without water, electricity and toilets. Instead they have faced constant illegal and violent evictions. The local leadership of AbM have tried to have meetings with the ward councillor and wrote letters to her but she never responded. Continue reading

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Statement of Solidarity with Protesting Students

20 October 2015
Abahlali baseMjondolo Press Statement

Statement of Solidarity with Protesting Students

The whole country is watching the struggle of the students at universities around the country.

When we began our struggle ten years ago we felt that we were on our own. Today workers and students are also in struggle. Many are now organised outside of the ruling party that has so brutally repressed our struggle and many other struggles. We no longer feel that we are on our own. This is a time of new hope. Continue reading

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The Thuli Ndlovu Memorial Lecture Has Been Rescheduled

Thursday, October 08, 2015
Abahlali baseMjondolo Press Statement

The First Annual Thuli Ndlovu Memorial Lecture

The First Annual Thuli Ndlovu Memorial Lecture, in honour of our comrade assassinated in KwaNdengezi on the 29th of September last year, was scheduled to take place on the 24th of September 2015.

The lecture was disturbed by the taxi strike that was going on at that time. Only 178 comrades were able to reach the venue on foot. A decision was taken to hold a meeting and to reschedule the lecture for another time. Continue reading

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Keynote address delivered at Curries Fountain Sports Ground, Durban, by S’bu Zikode

3 October 2015

Tenth Anniversary of Abahlali baseMjondolo Movement SA

Keynote address delivered at Curries Fountain Sports Ground, Durban, by S’bu. Zikode

I want to start with people that matter the most: Respected members of Abahlali basemjondolo. Leadership of Abahlali, supporters and friends of our movement. Comrades from the Congolese Solidarity Campaign, comrades from Rural Network, comrades from the United Residents’ Front, comrades from the United Front, comrades from South Durban Community Alliance, Unemployed People’s Movement, comrades from the R2K, comrades from Church Land Programme, comrades from the Norwegian People’s Aid, comrades from the Socio-Economic Right Institute of South Africa, church leadership that has accompanied us and continues to journey with us. Comrade Richard Pithouse, comrade Marie Huchzermeyer and comrades who have travelled from other parts of South Africa to be with us today. There are comrades from Cape Town and Johannesburg who are amongst us here. There are comrades who have travelled from abroad that I want to acknowledge – comrade Nigel Gibson from Boston, USA. Continue reading

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Celebrating a Decade of Struggle

Wednesday 30 September 2015

Abahlali baseMjondolo Press Statement

 

Celebrating a Decade of Struggle

On the 19th of March 2005 residents of the Kennedy Road settlement in Clare Estate in Durban organised a road blockade. There were fourteen arrests. This event began a process of discussion with residents of nearby communities and on the 6th of October 2005 our movement was formed. During the last ten years we have survived serious repression, including assassinations, and won many victories. On the 3rd of October we will celebrate a decade of struggle at an event at Curries Fountain, Durban, from 10:00 a.m. to 16:00 a.m. Continue reading

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The First Annual Thuli Ndlovu Lecture

Wednesday, 23 September 2015

Abahlali baseMjondolo Press Statement

The First Annual Thuli Ndlovu Lecture

Abahlali baseMjondolo Movement SA will be launching an annual lecture in honour of Thuli Ndlovu. Thuli Ndlovu was assassinated in cold blood on 29 September 2014. The first lecture will be held close to the first anniversary of the assassination, on 24 September 2015. We will continue to hold the Annual Thuli Ndlovu Lecture every year in September.

Thuli was a mother of two girls, a daughter, a fearless activist and the Chairperson of our branch in KwaNdengezi near Marianhill. She resisted the repressive and undemocratic practices of Nqola, an ANC ward councillor. She led the struggle against the sale of land and corruption in the allocation of land in KwaNdengezi by Nqola, one of the gangster councillors in the ANC in Durban. Continue reading

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Land Occupations are Urban Planning from Below: A Response to Ravi Pillay, Mbulelo Baloyi & Nigel Gumede

Thursday 10 September 2015

Abahlali baseMjondolo Press Statement

Land Occupations are Urban Planning from Below: A Response to Ravi Pillay, Mbulelo Baloyi & Nigel Gumede

After apartheid the new Constitution (1996), and then the Prevention of Illegal Eviction [PIE] Act (1998), gave some protection to people occupying land without the permission of the state or the capitalists. It was still possible for people to be evicted but only after an order of the court had been issued. In 2005 the Constitutional Court insisted that the Act “expressly requires the court to infuse elements of grace and compassion into the formal structures of the law”. When evictions were allowed they were not supposed to be carried out violently or to leave people homeless. Continue reading

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GroundUp: Cato Manor’s struggle against state repression

Ndabo Mzimela, GroundUp

Cato Manor has a long history of struggle and repression. Women have often been in the forefront of these struggles. This history is well known in Durban. Many families from KwaMashu have roots in Cato Manor. KwaMashu was created to house some of the people forcibly removed from Cato Manor under the Group Areas Act. They were taken from land in the city where they had some autonomy and moved out of the city to a segregated township under strict control of the apartheid state. Continue reading

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Two ANC Councillors to appear in the Durban High Court after being charged with the murder of Thuli Ndlovu

Tuesday, 25 August 2015

Abahlali baseMjondolo press statement

Two ANC Councillors to appear in the Durban High Court after being charged with the murder of Thuli Ndlovu

Mduduzi Christian Ngcobo, also known as Nqola, an ANC councillor in KwaNdengezi Ward 12 and his comrade PR councillor Luvelile Lutsheku are due to appear in Durban High Court tomorrow to answer to the charge that they are responsible for the murder of Thuli Ndlovu. The two councillors have been appearing in the Pinetwone Magistrate’s court for several times and had received a bail of R10 000 each. A few weeks after being given bail Nqola was rearrested and charged with attempted murder in KwaNdengezi after he was caught firing shots at some people. Just last week Nqola was given a bail again. Continue reading

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Breaking news: Abahlali baseMjondolo has won an important victory in in the Durban High Court against the MEC for Human Settlements and the eThekwini Municipality

Thursday, 20 August 2015

Abahlali baseMjondolo Press statement

Breaking news: Abahlali baseMjondolo has won an important victory in in the Durban High Court against the MEC for Human Settlements and the eThekwini Municipality

The MEC sought the confirmation of an interim order which, he said, permitted him to restrain the “invasion” of over 1000 properties within the Durban area, by directing the eThekwini Municipality and the Police to “take all the necessary steps to prevent any persons from invading or occupying the properties” to “remove any materials placed” on the properties and “demolish any structure” placed on the properties.

The order was granted in March 2013. Since then, it has been used to evict many hundreds, if not thousands, of poor people living in shacks on open land in Durban. Two of the affected communities: Sisonke Village (formerly known as Madlala Village and represented by the LRC in Durban) and Cato Crest (represented by SERI) together with Abahlali, acting in the public interest and on behalf of its members intervened in the case in order to have the interim interdict set aside.   Continue reading

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Abahlali will be Back in the Durban High Court this Thursday, 20 August, to receive the judgment that has been reserved since 21 May 2015

Wednesday, 19 August 2015

Abahlali baseMjondolo Press Statement

 

Abahlali will be Back in the Durban High Court this Thursday, 20 August, to receive the judgment that has been reserved since 21 May 2015

Following repeated brutal and unlawful evictions at a gun point by the eThekwini Municipal Land Invasions Unit in Cato Crest (the Marikana land occupation) and Lamontville (Sisonke Village) Abahlali won several court interdicts. Each and every time we secured an interdict, or an undertaking from the Municipality to cease its illegal behaviour, the interdicts and undertakings were ignored and they continued with their violent and unlawful evictions. It is clear that the eThekwini Municipality considers itself to be above the law and impoverished black people to be beneath the law. Continue reading

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Women’s Assembly to Build Women’s Power

08 August 2015

Abahlali baseMjondolo Women’s League Statement on Women’s Day

The Abahlali Women’s League will be honouring the power of those women who organised a march to fight for the rights of all women in 1956. We wish to salute the women who said “enough is enough” and ‘no more dompass woza ID’. Now is our time to make a difference. We will honour the women who marched in 1956 by holding an assembly of the women to build women’s power in our communities, in the struggle and in society.

The assembly of the women will be held at 9:00 on Monday 10 August at the Hindu Surat Hall in Prince Edward Street. Each branch has been invited to elect 15 women to attend. Continue reading

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Road Blockade Happening in Siyanda Now

Thursday, 30 July 2015
Abahlali baseMjondolo press statement

Road Blockade Happening in Siyanda Now
The ANC in eThekwini now support land occupations but only ANC members are allowed to build

When we began our struggle in 2005 the ANC was attempting to ‘eradicate’ shacks. We successfully opposed attempts to ‘eradicate’ numerous shack settlements in different parts of Durban and smaller towns in KwaZulu-Natal. We have also supported many land occupations which we see as the ‘peoples’ land redistribution programme’ or ‘land reform from below’ and as a form of ‘grassroots urban planning’. The ANC has long referred to land occupations, which they have called ‘land invasions’, as criminal acts and have used state violence and other forms of repression to try and prevent them. Continue reading

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AbM Youth League Youth Day Statement

15 June 2015
Abahlali Youth League press statement on June 16

This year we will use the well celebrated youth month to build our own power from below through the University of Abahlali.

Our grand parents have struggled against colonialism and our parents have struggled against apartheid. Our brothers and sisters of 1976 have also struggle against all forms of discrimination and oppression. Today we wish to salute all their determination for real freedom and real democracy. While they were fighting these battles they also had a responsibility to bring us up. We feel that we have to do the same and not watch them when they have to struggle twice. It is our turn as young people to make sure that we have real democracy and real freedom today. The South African youth of 1976 contributed so dearly and paid a high price for the freedom that we continue to struggle for. Continue reading

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Back to the Durban High Court

Wednesday, 20 May 2015

Abahlali baseMjondolo Press Statement

 

Back to the Durban High Court

Following several brutal and unlawful evictions at a gun point by the eThekwini Municipal Land Invasion Unit in Cato Crest (Marikana land occupation) and Lamontville (Sisonke Village) Abahlali baseMjondolo won several court interdicts against the Municipality. Each and every time we secured an interdict, or an undertaking from the Municipality to cease its illegal behaviour, the interdicts and undertakings were ignored and the Municipality continued with their violent and unlawful evictions. It is clear that the eThekwini Municipality considers itself to be above the law and impoverished black people to be beneath the law. Continue reading

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UnFreedom Day 2015: 21 years of Exclusion and Repression

24 April 2015

Abahlali baseMjondolo press statement

UnFreedom Day 2015: 21 years of Exclusion and Repression

Once again ‘Freedom Day’ is here. Once again we will be told that we are free. Once again we will be lectured about our about freedom and told to accompany the politicians, businessmen and the rich to their stadiums.

21 years of shack life has not been easy for us. In 21 years of ANC rule lies and evictions have become the order of the day. The land has not been restored to the people. Our dignity has been vandalized. In 2005 we delcared our humanity. The response of the ANC has been lies, the denial of life saving basic services, arrest, assault, imprisonment, illegal evictions, torture, armed attacks by members of the ruling party, the destruction of our homes by members of the ruling party and assassination. The vandalization of our humanity has become even more extreme. We are not alone. We do not forget Marikana. We do not forget all the people murdered by the police on protests around the country. We do not forget all the harassment and violence against people born in other countries. Continue reading

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Abahlali baseMjondolo Statement on the Ongoing Xenophobic Attacks

Tuesday 14 April 2015 – 5:22 p.m.

Abahlali baseMjondolo Press Statement

 

Abahlali baseMjondolo Statement on the Ongoing Xenophobic Attacks

A view from below – umuntu ungumuntu ngabantu

There is a war in our city. Our African brothers and sisters are being openly attacked on the streets.

In 2008 our movement stood firm against the attacks on people born in other African countries. We committed ourselves to shelter and defend our brothers and sisters. There were no attacks in any of our communities.

For some time now we have been working very closely with the Congolese Solidarity Campaign. We have been working to build a politic from below that accepts each person as a person and each comrade as a comrade without regard to where they were born or what language they speak. In this struggle we have faced constant attack from the state, the ruling party and others. We have been attacked for having members from the Eastern Cape, members born in other countries and Indian members. We have always stood firm against these attacks. Our movement has survived almost ten years of repression. Continue reading

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March Against Xenophobia in Durban – 8 April 2015

Organized by Congolese Solidarity Campaign “CSC” and other foreign nationals, supported by Abahlali baseMjondolo Movement SA

P.O.BOX 421

DURBAN 4000 RSA

congolesesolidaritycampaign@gmail.com

AFRICA IS UNITED AGAINST XENOPHOBIA

On Wednesday 08 April 2015, Congolese Solidarity Campaign “CSC” together with Somali Association of South Africa “SASA” and other foreign nationals supported by Abahlali baseMjondolo Movement SA will be having an Anti-Xenophobia March to demand an end to the current wave of xenophobic violence against foreign nationals.

We are united in our common outrage at the brutal acts of the current wave of xenophobic violence against foreign nationals unleashed over the last few weeks and which shows no end insight, it is important to remember that these horrific acts that have spurred us into action are the result of many years in which xenophobic attitudes, practices, and beliefs have been allowed to exist and proliferate amongst all of us. Continue reading

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ISiyanda branch celebrates Electricity Installation, its Sixth Anniversary & Re-launches its Branch

Friday, 27 March 2015
Abahlali baseMjondolo press statement

ISiyanda branch celebrates Electricity Installation, its Sixth Anniversary & Re-launches its Branch

It is with great pleasure that impoverished people on our own can achieve what was thought to be impossible sometime ago. It is with great pleasure that Abahlali can organise to build our power from below to use the state to develop and transform the lives of the impoverished without seeking permission from politicians or giving up our autonomy to the ruling party.

The neglected community of Siyanda VN Naik, just like many other Abahlali communities, has been denied the right to land and housing. We have been denied the right to essential services such as water and sanitation and electricity. When we started our movement in 2005 these services were denied to all shack dwellers in Durban. The government claimed to provide water but there would be a few taps for settlement of thousands of people. They claimed to provide sanitation but this only existed on paper. They openly refused to provide us with electricity claiming that our settlements, even when they were more than 30 years old, were ‘temporary’. Continue reading

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Two ANC Councillors will Appear in Court Today to On Suspicion of Being Responsible for the Assassination of Thuli Ndlovu

20 March 2015

Abahlali baseMjondolo Press Statement

Two ANC Councillors will Appear in Court Today to On Suspicion of Being Responsible for the Assassination of Thuli Ndlovu

Thuli Ndlovu, our chairperson in KwaNdengezi, was assassinated in cold blood on the 29th September 2014 at her home. On 30 September 2013 Nqobile Nzuza was murdered by a police officer in Cato Crest during a protest. She was shot in the back of the head. Nkululeko Gwala was assassinated in Cato Crest on the 26 June 2013. Thembinkosi Qumbelo was assassinated in Cato Crest on 19 March 2013.

Continue reading

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Statement on the Murder of Mr. Noel Dintshiantshia

Thursday, 19 March 2015

Abahlali baseMjondolol & Congolese Solidarity Campaign joint press statement

 

Statement on the Murder of Mr. Noel Dintshiantshia

Abahlali baseMjondolo and the Congolese Solidarity Campaign “CSC” are saddened by the sudden death of Mr. NOEL BEYA DINTSHIANTSHIA, who was killed by petrol bomb while he was on duty on Friday night last week. He was working at the BUFFALO BAR, owned by Mr. Naidoo, as a bouncer on the corner of Commercial and gardener Street in the city of DURBAN.

According to the deceased last words before he died, there were some customers who were making a noise and disturbing other customers at the liquor outlet. The owner sent him to tell them that they should respect other customers, but they did not listen. They continue to make noise. The owner sent him to take all of them out and make sure that they are not coming back. Continue reading

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Statement for the Human Rights Commission Hearings Relating to Access to Housing, Local Government and Service Delivery

Yesterday Abahlali baseMjondolo presented to the Human Rights Commission in Johannesburg. This is the statement that was sent to the Commission in advance of the hearings.

12 February 2015

Abahlali baseMjondolo

Statement for the Human Rights Commission Hearings Relating to Access to Housing, Local Government and Service Delivery

We first met on the 5th of January 2015 to begin the process of developing a response to the questions asked by the Human Rights Commission and we concluded the process on the 12th of February 2015.

We note that we have been invited to the hearings as a civil society organisation. We would like to begin by stating that we do not identify ourselves as a civil society organisation. Mostly when people talk about civil society what they mean is NGOs. Most NGOs have no members and no mandate to represent anyone. When NGOs are taken to represent the people in the name of civil society this is one more way of excluding oppressed people from important spaces and discussions. Some NGOs are as hostile to democratic membership based peoples’ organisations as the worst elements in the state. We are also not a political party. We are a democratic membership based movement of shack dwellers and other poor people (umbutho wabantu). We currently have twenty two branches in good standing in KwaZulu-Natal, and one in Cape Town, and just over 11 000 individual members in good standing. The government, and some NGOS, have always been saying that our movement will not exist in a year’s time. They are always excitedly announcing the death of our movement. But this year we will be celebrating ten years of our existence. Continue reading

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Occupiers Attacked by ANC Mob in Verulam

Thursday, 29 January 2015

Abahlali baseMjondolo Press Statement

 

Occupiers Attacked by ANC Mob in Verulam

Last night and this morning around a hundred families occupying municipal flats in in Hammond’s Farm in Waterloo, Verulam, North of Durban came under sustained attack by an ANC mob and then the Land Occupations Unit, both acting with the support for the police.

The flats were occupied in November 2014. They had been left empty for years and it is alleged that the councillor from ward 58 began selling them for a minimum price of R10 000 each. At this point homeless residents took the decision to occupy. Continue reading

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International organizations call on South Africa to protect leaders of shack-dwellers from attacks

New York, 8 December 2014. The International Network for Economic, Social and Cultural Rights (ESCR-Net) sent a letter on December 5, 2014 to the President of the Republic of South Africa to express serious concern regarding a recent wave of alleged assassinations, threats, arbitrary detentions and other acts of violence and intimidation against leaders of Abahlali baseMjondolo.

Abahlali baseMjondolo (Abahlali) is a movement of shack dwellers of South Africa which campaigns to improve the living conditions of low income people living in informal settlements on the outskirts of South Africa’s major cities, in particular in relation to the right to adequate housing, access to essential services, and protection from forced evictions Continue reading

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Three International Cities Protest for #handsoffabahlali

http://www.tmponline.org/2014/11/18/hands-off-abahlali/

“We will build houses for you, it is not something we can achieve overnight”

– Nelson Mandela, President of South Africa, 1994 [link to video]

“We have learned that by demanding decent housing we make enemies, and that by occupying land we make those enemies even more ruthless. But we cannot wait in the mud, shit and fire of shack life forever.”

– S’bu Zikode, founding President of Abahlali baseMjondolo, 2013 [link to text]

In South Africa, two black women were violently killed by probable state actors to little public reckoning. These women though killed in separate instances were both active members of Abahlali baseMjondolo (AbM) the shack-dwellers movement which has challenged local ANC rule for better housing and exposed local corruption. Continue reading

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Solidarity Statement from Sao Paulo

STATEMENT OF SOLIDARITY WITH ABAHLALI BASEMJONDOLO

We, the undersigned, representatives of social movements, not-for-profit organizations, national and local authorities and policy makers, professionals, academics and researchers and representatives of international organizations from 26 countries, have gathered in the city of Sao Paolo, Brazil between November 12 and 14, 2014 to advance a Right to the City.

We wish to express our grave concern regarding reoccurring acts of intimidation, threats, arbitrary detentions, assassinations and other acts of violence that are being perpetrated against Abahlali baseMjondolo, movement of shack-dwellers of South Africa who are working to advance the rights of the urban poor to decent homes, the right to the city, and to build a society based on respect, equality, justice and human dignity for all.

We unequivocally condemn all acts of violence and abuses committed against the leaders and members of Abahlali baseMjondolo. Continue reading

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Mass Prayer Tomorrow

Friday, 14 November 2014

Abahlali baseMjondolo Press Statement

 

Mass Prayer Tomorrow

On the 15 November 2014 we are going to have our last General Meeting of this year 2014. We normally have General meetings (whereby all members are invited to gather to share ideas) each and every month. We have decided to hold a mass prayer at the final General Meeting for this year given that our Movement is currently under attack and facing repression. Continue reading

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Two Comrades Arrested in KwaNdengezi

Update – Two more comrades have now been arrested. Police bail has now been secured for all four comrades.

Friday, 14 November 2014
Abahlali baseKwaNdengezi Press Statement

Two Comrades Arrested in KwaNdengezi

At around 20:00 last night to Abahlali baseMjondolo members were arrested in KwaNdengezi. They were arrested by police officers in plain clothes and driving unmarked cars. They were not told why they were arrested and up until now they are not yet charged let alone to appear before court. Theexplanation from the Station Commissioner of SAPS KwaNdengezi is that they will not be taken to court since a 48 hour period has not expired yet. It is clear that as usual their arrest was timed so that they could be held for Friday and through the whole weekend. We fear for their safety while they are in police custody. Continue reading

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A Shack Fire in the Foreman Road shack settlement in Clare Estate, Durban has Claimed Two Lives

Sunday, 9 November 2014

Abahlali baseMjondolo Press Statement

A Shack Fire in the Foreman Road shack settlement in Clare Estate, Durban has Claimed Two Lives

Yesterday we had a very successful march, together with our Congolese comrades, against the politic of death. Early this morning two residents of the Foreman Road shack settlement lost their lives in a huge fire. We are the people that can be freely murdered without consequence. We are also the people that are left to live like pigs in the mud and to die in shack fires.

For almost ten years we have been struggling to force the state to take shack fires seriously. We have won many victories over the years but we remain the people that are left to burn. Every time there is a fire the politicians and the police rush to blame us for the fire. They never blame the conditions in which we are forced to live. They never meet with us to work out a way to improve these conditions. We will not rest until we have forced this society to recognise and respect our humanity. Continue reading

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Abahlali baseMjondolo and the Durban Congolese Refugee Commiunity to March on Saturday

Thursday, 06 November 2014

Abahlali baseMjondolo joint press statement with the Durban Congolese refugee community

 

Abahlali baseMjondolo and the Durban Congolese Refugee Community to March on Saturday

We do not count to this society and this world. We can be driven from our homes, beaten, tortured and murdered with impunity. We are placed outside of citizenship and even humanity. When we insist on our dignity, when we take our place in the cities and in the discussions and when we resist the violence that constantly rains down on us like an endless storm we are shown to the world as criminals. We are expected to suffer and die in silence. We are expected to leave a world for our children in which their only future is suffering. We are not alone in having to live under this cruelty. In Palestine, in Haiti, in the Congo and in the favelas of Brazil and the gecekondus of Turkey it is the same.

It is our responsibility to build a new politic, a politic that respects the dignity of all people, a politic that restores the land and wealth of the world to the people, a politic in which there are no people that can be freely driven from their homes and freely killed, a politic in which everyone counts. Continue reading

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Twenty Years of Hell in Shacks

20 October 2014

Twenty years of hell in shacks

Presentation to the DDP Conference on ‘Twenty Years of Local Democracy in South Africa’, Durban, 20 & 21 October 2014

By S’bu Zikode

Twenty years of local democracy in South Africa has been very cruel for Abahlali baseMjondolo and for millions of other poor people. It has been twenty years of hell in shacks. It has been twenty years of living like pigs in the mud. It has been twenty years of living with rats, floods, fire and rotting rubbish. It has also been twenty years of evictions and forced removals to transit camps and other human dumping grounds. For those of us who have stood up for our humanity our reward has been lies, assault, torture, wrongful arrest, the destruction of our homes and even assassination. Continue reading

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The ANC and SACP are Building Shacks in the Marikana Land Occupation with the Permission of the Ward Councillor and Municipal Security Guards

18 October 2014
Abahlali baseMjondolo press statement

The ANC and SACP are Building Shacks in the Marikana Land Occupation with the Permission of the Ward Councillor and Municipal Security Guards

 
About twenty men, members of the ANC and the SACP, are building shacks right now in troubled Cato Crest in Ward 101. They are building their shacks in a piece of land that has been left vacant in the Marikana Land Occupation in order to build a community hall.

 
The men who are building shacks on this land said that the local ANC councillor Mzimuni Ngibi has given them permission to build the shacks. This has been confirmed by the security guards who are now placed in the settlement to guard against further land occupation by Abahlali. The security guards came and negotiated with the men and the councillor was then called to confirm that his comrades have the right to build.

 
We would be happy if everyone who is desperate for housing was allowed to build but only the ANC is allowed to build. The Land Invasion Unit and its law enforcement do not apply to ANC but only to people who are non-ANC. The same security guards have demolished several shacks built by Abahlali but today they smile while negotiating with the rulers of this country. Continue reading

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From Assassination with Bullets to Assassination with Words

17 October 2014

Abahlali baseMjondolo Press Statement

 

From Assassination with Bullets to Assassination with Words

On the 6th of October 2014, exactly one week after Thuli Ndlovu was assassinated, The Mercury published an article by Bongani Hans and Sihle Manda that was nothing but an attempt to assassinate the reputation of S’bu Zikode, of our movement and of the many people who are striving for land and housing in Durban independently of our movement.

The article, ‘Shacks pop up in Durban land grab’ by Bongani Hans and Sihle Manda is online here: http://www.iol.co.za/news/crime-courts/shacks-pop-up-in-durban-land-grab-1.1760398#.VDfdg2eSxps

It has since been republished by The Post and the South African Housing Federation which also circulated it via email. Continue reading

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Another political eviction in Sisonke Village, near Lamontville

1 October 2014

Abahlali baseMjondolo press statement

Another political eviction in Sisonke Village, near Lamontville

On Sunday 28 September 2014 the ANC Ward 74 councillor Nolubabalo Mthembu called an ANC meeting to discuss ways of replacing the Land Invasion Unit with an ANC demolition team. This meeting took place at the Lamontville Community hall in the afternoon at around 1pm. The Task Team Committee was launched to carry out the illegal eviction of the nearby Sisonke settlement. Sisonke Village, formerly known as Madlala Village, made headlines early this year when they approached the Constitutional Court after they had been subjected to more than 24 illegal evictions. Continue reading

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Thuli Ndlovu was Assassinated last Night

Tuesday, 30 September 2014

Abahlali baseMjondolo Press Statement

Thuli Ndlovu, the Abahlali baseMjondolo Chairperson in KwaNdengezi, was Assassinated last Night

Between half past six and seven last night an armed man burst into Thuli Ndlovu’s home in KwaNdengezi while she was watching TV. He shot her seven times and she died on the scene. There were two other people in the house at the time. One was Sphe Madlala, an 18 year old neighbour. He finished matric last year and did very well in physics and maths. Our movement has been trying to help him to get into university. He had come to the house to help Thuli’s 17 year old daughter, Sli, with her matric studies in maths and science. Sphe was also shot twice in the stomach but he survived. He underwent surgery at RK Khan Hospital at one this morning and remains in a critical condition. Thuli’s one year old son, Freedom, was also in the house at the time of the shooting. He was not physically harmed. Sli was in a separate outside room with her grandmother at the time of the shooting.
Continue reading

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Abahlali baseMjondolo of the Western Cape Re-launches in Sweet Home Farm, East Phillipi

Saturday, 27 September 2014

Abahlali baseMjondolo Press Statement

 

Abahlali baseMjondolo of the Western Cape Re-launches in Sweet Home Farm, East Phillipi

The situation at the Marikana Land Occupation in Durban remains tense after the attack by the local ANC yesterday. Last night black land rovers without number plates were driving around the area. However there have been no further attacks.

Today delegates from Abahlali in KwaZulu-Natal are with our comrades in Cape Town as part of our exchange visit and to witness democracy in action. This is an opportunity to share our struggles in our respective provinces and to learn from one another. The Sweet Home branch, our only active branch in Cape Town, will relaunch today. Continue reading

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The ANC is Attacking the Marikana Land Occupation

26 September 2014

10:29

 

The ANC is Attacking the Marikana Land Occupation in Cato Crest

 

The Land Invasions Unit has retreated.

The occupation is now under attack by the local ANC. ANC members led by Cllr Mzi Ngiba and his BEC have already demolished around 25 shacks.

An ANC member has attacked Nomvete with a spade. We are waiting for the ambulance to rush her to hospital.

 

K Maphumulo on 079 4648580

Mzamo Majozini on 078 6407999

Abahlali office 031 3046420

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Illegal Evictions About to Happen in Cato Crest

Friday, 26 September 2014

Abahlali press statement

 

The ANC eThekwini has forced the MEC for Human Settlement and Public Works in the province of KZN to illegally evict Abahlali baseCato Crest.

This criminal mandate was made very clear at our meeting with the MEC at the Durban’s City Hall also known as Nigel Gumede Hall. The MEC’s attempt to lecture his comrades about the rule of law and the Constitutional ruling few months ago fell in deaf ears.

Since that meeting the MEC/eThekwini Municipality have hired private security guards too guard the Marikana land occupation. Also izinkabi hit men have been seen around the settlement hunting for Ndabo after he was threatened at the City hall during our meeting with the MEC last week. Strange men who introduced themselves as officials from eThekwini municipality have also been monitoring the settlement for further shack expansion in the morning and evening. Continue reading

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We Are All Ndabo Mzimela

September 26, 2014

Abahlali baseMjondolo Press Statement

 

We Are All Ndabo Mzimela

As everybody knows the struggle in Cato Crest against corruption and for land and housing has been seriously repressed. Last year Thembinkosi Qumbela and Nkululeko Gwala were murdered by the izinkabi and Nqobile Nzuza was killed by the police. Others have been shot and beaten. Some have been beaten in the police station. A number of activists, including those who are not members of Abahlali baseMjondolo and are part of other organisations, like the SACP, have had to leave the area. There are regular illegal evictions that are often in violation of court orders and are always in violation of the law. All these actions are carried out with impunity. Continue reading

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Abahlali baseMjondolo Press Statement on Heritage Day

Tuesday, September 23, 2014

Abahlali baseMjondolo Press Statement

 

Abahlali baseMjondolo Press Statement on Heritage Day

Our movement will gather together on this day of 24 September 2014 to celebrate our cultural diversity and histories of struggle. As always we embrace each other’s well-being as creatures who are to enjoy life. We continue to insist that Durban must be a home, safe and free, for everyone that lives in this city whether we are rich or impoverished, women or men and without regard for where we were born and what language we speak.

We will also be using this opportunity to give a report back to our general membership on the progress of our struggle for land, housing and dignity. We will be reporting on all the challenges we have faced this year. Will be reporting on all the meetings we have had with various government officials and other institutions and organizations, the status of the struggle in our branches and of the movement as a whole. And yes, this will be an opportunity to hold the University of Abahlali in Action on political work. Continue reading

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Abahlali baseMjondolo Consultative Meeting with the Ingonyama Trust

Friday, 19 September 2014

Abahlali baseMjondolo Press Statement

 

Abahlali baseMjondolo Consultative Meeting with the Ingonyama Trust

In KwaNdengezi and in eTafuleni people living in traditional homes with land for livestock and gardens are being forced out of their homes and are losing their land as RDP houses are built on their lands. For these people development means being forced out of a big house that they have built themselves into a tiny government house and it means that they are losing their land and the money and the food that they get from their land. New people are being brought into the RDP houses by the councillors and their ward committees. As usual the houses are given to their family members and to members of the ruling party. As usual there is no consultation with the community. The municipality only consults with the councillors and their ward committees. This land has always fallen under the amaKhosi but the Municipality is now claiming that it falls under them. Continue reading

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The eThekwini Municipality Chooses Intimidation Over Negotiation

Wednesday, September 17, 2014

Abahlali baseMjondolo Press Statement

 

The eThekwini Municipality Chooses Intimidation Over Negotiation

Yesterday Abahlali attended the meeting scheduled with the eThekwini Municipality’s ‘political principles’ as per the invitation of the MEC for Human Settlements in the province of KwaZulu-Natal, Mr Ravi Pillay. However there was no possibility for negotiation. Intimidation was the order of the meeting.

Ravi Pillay chaired the meeting. He welcomed all present and made an apology on behalf of the Mayor and his deputy Cllr Nomvuz Shabalala. He also apologised for Nigel Gumede who chairs the Department of Human Settlements and Infrastructure Committee in the Municipality and who also did not make it to the meeting. Continue reading

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Meeting with the eThekwini Municipality Today

16 September 2014

Abahlali baseMjondolo press statement

 

Abahlali leadership is set to meet with the KwaZulu-Natal Department of Human Settlement and Public Works led by MEC Ravi Pillay and the eThekwini municipality political principals at 4:00 p.m. today

Our movement engages in many kinds of political action. These range from organising a land occupation or building a crèche to road blockades, mass marches, court action and negotiations with the government.

We first entered negotiations with the eThekwini Municipality in 2007. Those negotiations were long but eventually bore fruit in terms of a Memorandum of Understanding. However after that MOU was signed we were attacked in Kennedy Road and it has not been implemented. The plans to upgrade the Kennedy Road settlement via a participatory process rather than to destroy it are still in place though. Also some of basic services that were agreed to be provided to settlements are now being provided in some areas. Continue reading

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Evictions at the Chris Hani & Marikana Land Occupations

12 September 2014

Abahlali baseMjondolo Press Statement

Evictions at the Chris Hani (eNsimbini) and Marikana (Cato Crest) Land Occupations

At ten o’clock this morning five shacks were demolished by the Land Invasions Unit in the Chris Hani Land Occupation in eNsimbini. This land was occupied in February last year. The shacks that were demolished are new shacks that were built about two weeks ago by people that were renting nearby and decided to join the occupation to avoid having to pay rent. As usual there was no court order authorising these evictions and they were, therefore, an illegal and criminal act on the part of the eThekwini Municipality. The residents of these new shacks were at work when the eviction happened and so there was no confrontation.

On Wednesday eleven shacks were demolished in the Nqobile section of the Marikana Land Occupation in Cato Crest. These shacks were built in May. This eviction happened as a result of a complaint by a private businessman located near to the occupation. Continue reading

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Solidarity with Comrades from the Democratic Republic of Congo

21 August 2014

Abahlali baseMjondolo Press Statement

 

Solidarity with Comrades from the Democratic Republic of Congo

The Abahlali baseMjondolo General meeting last weekend was attended by eight comrades from the DRC lead by Pastor Raphael. The General Meeting discussed various ways of working in solidarity with the Congolese comrades.

The comrades from the DRC who are here in South Africa made a shocking presentation on the history of the Congo from the year 1887 which led to the genocide that they are now facing. Devastating photos were shown and spoke volumes to the narrated story.

Questions and answers were held followed by a tense conversation about what needs to be done thereafter. All of us were deeply touched and felt helpless. Comrades asked about the role of South African government and its troops in DRC. We asked the role of the African Union and the South African Human Rights Commission and of course the role of civil society and the UN and the US. Some of the answers were that genocides continue in the presence of more than 4 000 South African deployed troops in the DRC. There were also claims that Khulubuse Zuma, who we all know is related to our President Jacob Zuma, has shares in some companies in the DRC. Noted was also the role of neighbouring countries such as Uganda and Ruanda. Also noted is that DRC remains colonized. It is clear that foreign companies and their government are working with governments of neighbouring countries to oppress the Congolese people in the most horrific way to steal the mineral resources of Congo. We must ask serious questions about the role of the governments of Rwanda, Uganda, Burundi, South Africa and the US in the DRC. Continue reading

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Solidarity with Abahlali basePizzeria Anarchia in Vienna, Austria

Tuesday, August 05, 2014

Abahlali baseMjondolo Press statement

 

Solidarity with Abahlali basePizzeria Anarchia in Vienna, Austria

Injustice in Vienna, Austria is an injustice in Durban, South Africa and is an injustice everywhere in the world.

Abahlali friends and comrades in living in Pizzeria Anarchia in Vienna, Austria have been subjected to a violent police attack by at least 1700 riot police, a helicopter, a tank, and a water cannon. The Vienna municipality has evicted at least 11 Abahlali there and 4 are still remained in building. So far 9 of the Abahlali there have been arrested. According to reports in Vienna the City has paid up to 500,000 Euros to evict people from the building which is industrial to advance their gentrification plan. This eviction has become a joke to people of Vienna that one person is evicted by at least 100 cops. This is shocking brutality that we condemn.

Continue reading

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Illegal Evictions in Isipingo, All Criminal Charges Dismissed Against the Ridgeview Twelve

Wednesday, 30 July 2014

Abahlali baseMjondolo Press Statement

 

Illegal Evictions in Isipingo, All Criminal Charges Dismissed Against the Ridgeview Twelve

 

1. Evictions in the Uganda Settlement

Yesterday the notorious eThekwini Municipal Land Invasion Unit evicted seven families in the Uganda settlement near Isipingo in the South of Durban. As always the Municipality had no court order and therefore this was an illegal attack on the residents.

Continue reading

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Bahlali Bayanda! Three Branches Launched on Sunday.

Monday, 28 July 2014

Abahlali baseMjondolo Press Statement

 

Bahlali Bayanda! Three Branches Launched on Sunday.

On Friday we joined thousands of others in Durban and marched in support of Gaza. We will continue to look for ways to support the struggle in Palestine.

On Sunday we launched three branches. The first two branches to be launched were in eNsimbini in Chesterville and KwaNdengezi in Pinetown. The comrades in eNsimbini have been struggling against evictions. They are being left homeless as their traditional homes are being demolished to make way for RDP houses. In April Baba Cele and Baba David Ngubane were both shot and wounded when they asked to see a court order during an illegal eviction perpetrated by the eThekwini Municipality. This was the twelfth eviction in the area. There have been no demolitions here for the last two months, probably due to strong resistance. The comrades at eNsimbini have named their new branch ‘Chris Hani’. They have requested copies of the Constitution for all members. They are well aware that when residents know this law this knowing does not force the Municipality to obey the law but they feel that it is important that everybody understands clearly that the Municipality is a criminal organisation and that resistance to it is just.

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Tomorrow We March in Solidarity with the Oppressed People of Palestine

Thursday, 24 July 2014

Abahlali baseMjondolo Press Statement

 

Tomorrow We March in Solidarity with the Oppressed People of Palestine

People in Palestinian are being murdered with impunity. Their homes are being destroyed with impunity. As they are being murdered and as their homes are being destroyed they are being shown to the world as if they are responsible for their own oppression. It is clear that the Palestinians are people who do not count to this world.

In the past we have organised and protested in solidarity with people in Haiti and Turkey. Tomorrow we will join the march in Durban in solidarity with people currently under attack in Palestine. Our solidarity will be to insist that everyone must count equally in this world.

Continue reading

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The Politic of Freedom without Land

17 July 2014

The Politic of Freedom without Land

An address to the 10th Biennial Consultation on Urban Ministry, 15-17 July 2014, Pretoria, on the theme "Un-Shack-led: Faith and the City 20 Years Later"

By S’bu Zikode

I am honoured and humbled to be invited to be here, and to speak at this church. On behalf of Abahlali baseMjondolo Movement SA, the movement that has entrusted me with this responsibility to participate in your meeting, I wish to express our gratitude for this invitation.

The churches have rallied to our struggle in difficult times – after shack fires, after arrests, after beatings, after evictions and after shootings. We know about the role that churches have played in Brazil and in Haiti. We believe that the churches can play the same role here in South Africa if they take a clear decision, as some church leaders bravely have already, to be with the people, to clearly take the side of the people, instead of being another stakeholder in another government or civil society meeting. Bishop Rubin Philip has stood strong in the politic of the poor.

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Our Struggle to be counted as Part of the Public Continues

Tuesday, 15 July 2014

Abahlali baseMjondolo Press Statement

 

Our Struggle to be counted as Part of the Public Continues

On the 5 of September 2013 Sibongile Msiya, Nokulunga Magobongo and Bhekani Mzinhle were arrested in Cato Crest. Their homes in the Marikana Land Occupation had just been illegally destroyed by the eThekwini Municipality. The residents responded by organising a road blockade. When the first police officers arrived on the scene the three comrades showed them a court order interdicting the Municipality from carrying out evictions. When the Superintendent, Mganga, arrived the three comrades were arrested on the spot. They were all charged with ‘public violence’. Their real ‘crime’ in the eyes of Mganga was that they were standing up for their rights and showing the police that the Municipality’s actions were illegal and criminal acts against the public.

Continue reading

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The Local ANC Disrupted an Abahlali meeting in Madlala Village Yesterday

Monday 7 July 2014

Abahlali baseMjondolo Press Statement

 

The Local ANC Disrupted an Abahlali meeting in Madlala Village Yesterday

Madlala Village is situated in the South of Durban near Lamontville Township.  The settlement was founded by Siza Madlala in 2012. This community was a home to about 389 residents before they were evicted more than twenty five times. The settlement is now home to about 25 families.

Abahlali in Madlala Village, mostly women, had scheduled a meeting with the leadership of Abahlali in order to present ubuhlalism to the community. This is part of the process for a community to join the movement. This was intended to be the second meeting Abahlali meeting in the community since February this year when we joined the community as friends of the court in the Constitutional Court for the case known as Zulu and 389 other vs MEC for Human Settlement and Public Works and another. The first meeting went very well but at the end of the meeting there came a young man who claimed to own the settlement and warned us that in future we will have to get a permit from local ANC structures and the local councillor or the Abahlali cars will be burnt. It was clear that the local community was very angry and did not approve his threats. They told us not to worry. We are used to these kinds of threats, as well as anonymous threats by telephone, and we did not worry.

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Abahlali launches a branch in Silver City (Umlazi)

29 June 2014

Abahlali press statement

 

Abahlali launches a branch in Silver City (Umlazi)

Today Abahlali will be launching a branch in Silver City. This settlement is settlement is situated in Umlazi, South Durban.

Today we are pleased that this community will reclaim its membership and join the big family of Abahlali. It is known that the Silver City is one of the shack settlements that are excluded from all kinds of services for political reasons. We are aware that the community is not getting development because it is taken as the voting pool for the ruling party to keep this ward in the hands of the ruling Party.

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Now Madlala Village is under Attack!

22 June 2014

Emergency Abahlali baseMjondolo Press Statement 

 

Now Madlala Village is under Attack!

Now Madlala Village in Lamontville is under attack by the same crew that attacked Cato Crest this morning. This is a war on the organised poor who are standing up for their rights.

Kennedy Road residents were attacked in 2009 after their victory in the Constitutional Court. Now residents of Cato Crest and Madlala Village are under attack after their victory.

This attack does not come as a surprise. We celebrate victories in court with caution as we know what comes next.

The contact people on the scene in Madlala Village are

Mr. Mkhize 073 619 5510

MaMkhize Nxumalo 078 433 2719

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The Marikana Land Occupation in Cato Crest is Under Attack despite the Constitutional Court Ruling

22 June 2014

Emergency Abahlali baseMjondolo Press Statement

 

The Marikana Land Occupation in Cato Crest is Under Attack despite the Constitutional Court Ruling

The eThekwini Municipality is currently evicting people at the Marikana Land Occupation in Cato Crest. Eighteen shacks have already been destroyed. They are evicting without a court order and despite the ruling of the Constitutional Court on 6 June 2014

Thina Khanyile has just been arrested. The comrades in Cato Crest are organising a protest.

Media are encouraged to rush to the scene.

For more information and comment please contact:

 

Mzamo Majozi 078 640 7999

Nadbo Mzimela 079 355 6758

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Abahlali Launch New Branch in Dermet, Shallcross

22 June 2014

Abahlali baseMjondolo press statement

 

Abahlali  Launch New Branch in Dermet, Shallcross

The Derment community in Shallcross, Ward 72, was founded in 2009. It is a semi-rural area under Inkosi N. Maphumulo. The eThekwini municipality has claimed to own the land and have been illegally evicting residents. Today the Dermit community is facing mass eviction.

The Dermit community decided to join Abahlali baseMjondolo with the hope that the movement will walk side by side with it to resist these threats. They have completed the process required to join the movement and are now ready to launch the branch. The launch will be held today.

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Illegal Evictions in Madlala Village, Lamontville

20 June 2014

Abahlali baseMjondolo Press Statement

 

Illegal Evictions in Madlala Village, Lamontville

Despite the latest Constitutional Court ruling on the 6th of June which is in favour of the poor people of the shack settlement known as Madlala Village in Lamontville, Durban, the illegal demolishing of shacks still continues. This morning at about 09:00 the eThekwini Municipality with its implementing agents was busy demolishing shacks in Madlala village, as a result  70 (seventy) shacks were demolished leaving hundreds of people homeless in the harsh conditions of the winter season.

When the demolishing team arrived in Madlala village the shack dwellers there asked if there was a court order granting the right to the eThekwini Municipality to destroy their homes. One respondent from the demolishing team responded by saying there is none and furthermore he said that they are aware of the recent Constitutional Court ruling but that they were working according to the ward councillor’s instructions to demolish these homes.

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Celebrating the Beauty of Our Youth

15 June 2014

Abahlali baseMjondolo Youth League Press Statement

 

Celebrating the Beauty of our Youth

HECTOR PETERSON was murdered by the apartheid police on 16 June 1976. He was 13. NQOBILE NZUZA was murdered by the ANC’s police on 30 September 2013. She was 17.

We’ve spent many years in pain and frustration about what happened to HECTOR. We will have to spend many years in pain and frustration about what happened to NQOBILE. We all know that more of us will die in this struggle.

Our youth are serving their life sentences in the shacks or the transit camps. Most of us cannot find work, we cannot study and when we are older we will not be able to get married. We are treated like the rubbish of this society when we should be treated as its promise for the future.

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Abahlali launches a branch in the Foreman Road Settlement

8 June 2014

Abahlali press statement

 

Abahlali launches a branch in the Foreman Road Settlement

We are determined to focus and spend all our energy building a strong movement in shack settlements and in poor communities.

Today Abahlali will be launching a branch in Foreman Road. Foreman Road settlement is one of the biggest settlements in Abahlali situated in Clare Estate, Durban.

We have had members in this settlement since 2005 but for the last three years there has not been a properly constituted branch in this settlement. The community has recently had several mass meetings to discuss the new to relaunch the local branch and to recruit Abahlali membership.

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Concourt slams “unacceptable” evictions

http://www.seri-sa.org/index.php/38-latest-news/253-zulu-concourt-slams

 

Concourt slams “unacceptable” evictions

On 6 June 2014, the Constitutional Court handed down judgment in Zulu and 389 Others v eThekwini Municipality and Others (Zulu). SERI represents Abahlali baseMjondolo (Abahlali) who acted as amicus curiae in the case. The case concerned the interpretation of a court order obtained by the KwaZulu-Natal MEC for Human Settlements and Public Works on 28 March 2013 from the Durban High Court. The order permits the Durban municipality to “prevent any persons from invading and/or occupying and/or undertaking the construction of any structures” on specified land within the municipality’s area of jurisdiction and to “remove any materials placed by any persons upon” that land. The order was used to justify the Cato Crest evictions in 2013.

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Kennedy Road shack settlement burns again leaving over 2000 people homeless

5 June 2014

Abahlali baseMjondolo press statement

 

Kennedy Road shack settlement burns again leaving over 2000 people homeless

At about 19:15pm last night Kennedy Road shacks were on a huge flame of fire which left at least more than 2000 people without shelter etc. The fire is believed to have been caused by an unattended paraffin stove. It is fortunately that there were no injuries or death reported. Women and children are the most affected by this fire. Many of them lost all their belongings inthis fire including foods, furniture, clothing (including school uniforms), IDs and building material.

We are sad that after years of our struggle this community remains in such difficult and in fact life threatening conditions. In December 2005 former eThekwini Mayor Obed Mlaba made a public promise to house Kennedy Road residents in Cornubia. Cornubia is a biggest new greenfield housing development in the province. Today the same Cornubia has been given to other people and the list was made at night in other settlements. We were later told that you have to be the volunteer of the ruling party in order to benefit.

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Foreman Road Settlement Renews its Commitment to Abahlalism

Friday, 30 May 2014

Abahlali press statement

 

Foreman Road Settlement Renews its Commitment to Abahlalism

 

Poor people are at most risk of crime in South Africa. We also get the least support from the police. Often it is assumed that all poor people are criminal. Sometimes the police are the biggest threat to us. However when a community is democratically organized it can sometimes be possible to negotiate with some people in the police so that people can get proper protection against violence. It can also be possible for a community to organize itself in such a way that the risk of violence is reduced. When this doesn’t happen people often take matters into their own hands. In most shack settlements people that commit serious violence against other residents, acts like rape and murder, are made to leave to the settlement. This can happen on a fair basis but, especially when there is no democratic process, it can also be very dangerous.

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City-wide Summit on Land, Housing and Dignity

Friday, May 23, 2014

Abahlali baseMjondolo press statement

 

City-wide Summit on Land, Housing and Dignity

 

The politic of land, housing and dignity remain a huge crisis in our country.

We are seeing a lot of lands every day of our lives but each time we ask for a

land we are told there is no land.

 

Our city mayor calls himself a communist but we ask what kind of a communist

does not believe in an equal distribution of land in the city? We ask what

kind of a communist sends the notorious Land Invasion Unit to destroy the

shacks that we call home and drive us off the land we have occupied? The very

same politicians that tell us that the problem is that land remains in the

hands of the few mostly white farmers send the blue and the red ants to

illegally destroy our homes and drive us off the land we have occupied. These

same politicians are making us landless. If it wasn't for our movement,

thousands of us would have been made homeless, landless and destitute in our

own city, in our own country.

Continue reading

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Trial Date Set for the Ridge View Twelve

Wednesday, 21 May 2014

Abahlali baseMjondolo Press Statement

 

Trial Date Set for the Ridge View Twelve

 

Today members from the Ridge View Abahlali baseMjondolo branch had to return to the Durban Magistrate’s court following the arrest of 12 comrades after the occupation of the Ridge View flats on the 31 December 2014.

It would be remembered that many of them were displaced in 2013 during a mass eviction, at gun point, of more than three hundred families. The twelve who were arrested during the occupation were charged with trespasses, malicious damage to property and contravening a court order. They have since been going in and out courts. Today the matter was adjourned for trial on the 30 and 31 July 2014.

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Abahlali baseMjondolo launches a New Branch in Ekuphumeleleni

Sunday, 18 May 2014

Abahlali base Mjondolo Press Statement

 

Abahlali baseMjondolo launches a New Branch in Ekuphumeleleni

Abahlali branches have to renew their membership annually and thus relaunch in order to ensure that their membership remains active. By launching a branch the community renews its mandate to its local Abahlali leadership and it renews its mandate to Abahlali as a whole. Before the launch takes place the movement leadership would have come to do our political education in which we explain the history and politic of the movement so that communities are clear about our mission and vision. This is also a political education for the movement leadership as we learn about the history and struggles of each community. Today we are launching a new branch in Ekuphumeleleni.

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The ANC Must be removed from Office

06 May 2014

Abahlali baseMjondolo Press Statement

 

The ANC Must be removed from Office

For nine years our movement has boycotted elections. We have been clear that no political party represents the interests of the poor and that it was necessary for us to build our own power in order to present our own needs and demands to society. In these nine years we have won many victories but most of us remain in shacks. Twenty years of shack life is a disgrace in a democracy.

Corruption is also a disgrace. In Durban you get nothing without a membership card for the ANC. All development goes through the councillors and their ward committees and ANC branch executive committees. Development is there to make ANC leaders rich and to control the rest of us by only making it available to ANC members. Development is not for the people. This kind of corruption is a disgrace in a democracy.

But an even bigger disgrace is the repression that we have faced from the ANC, its members, its leaders and its assassins. They have banned our marches; attacked our marches; arrested us on trumped up charges; assaulted us in detention; used armed men to drive us from our homes with police support; used death threats, attacks in our homes and torture in police stations to intimidate people to manufacture evidence against us; detained us for months and months while we wait for a trial that gets thrown out of court because there is no evidence against us; used their anti-land invasion unit to evict us for political reasons and beaten and shot us in our communities. Senior members of the ANC and the Municipality have made public death threats against us. Two activists were assassinated in Cato Crest last year and another, an unarmed teenage girl, was executed by the police.

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UPM: Election 2014: Our Position

Monday, 05 May 2014

Unemployed People’s Movement Press Statement

 

Election 2014: Our Position

The Unemployed People’s Movement (UPM) has endorsed the 'Sidikiwe! Vukani! Vote No!' campaign. We are calling on our members to refuse to vote for the ANC and vote for any of the small parties, but not the DA, or to spoil their votes if they cannot bring themselves to support any of the small parties.

We have received a number of calls from people wanting to know our stance on the decision by Abahlali baseMjondolo (AbM) in Durban to offer a tactical vote to the DA in response to the serious repression that they have experienced from the ANC.

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Why Abahlali endorsed the DA: S’bu Zikode speaks to GroundUp

http://groundup.org.za/content/why-abahlali-endorsed-da-sbu-zikode-speaks-groundup

On 2 May 2014 Abahlali baseMjondolo (ABM) –a social movement of shack dwellers– endorsed the Democratic Alliance (DA) for the 2014 general elections. Abahlali baseMjondolo are better known for their protests against unlawful evictions and their advocacy for public housing and urban land for the poor. Sibusiso Tshabalala of GroundUp spoke to S’bu Zikode, leader of Abahlali baseMjondolo, to find out why they took this decision.

GroundUp (GU): Abahlali’s politics are fundamentally different to that of the DA. Why did you decide to endorse the DA?

S’bu Zikode (SZ): We [ABM members] have suffered under the ANC’s rule. The ANC has consistently demonstrated that it lacks the political will to take the issues of the poor seriously. Being a shack dweller is similar to being imprisoned. The only difference is that a prison sentence can be short-lived, but when you’re poor and have no guarantee of upward mobility, living in a shack can be a life sentence. How long should we, the poor, be confined to this shack sentence?

Here in Durban, many of our comrades continue to be assaulted by the ANC. We fear for our lives and assassination attempts are the order of the day.

As a movement of the urban poor, we think our priority is to vote out the ANC. We do not agree with the DA fundamentally on many core issues. This decision is not one that is based on ideology. Poor people do not eat ideology, nor do they live in houses that are made out of ideology.

So for this decision, we have decided to suspend ideology for a clear goal: weaken the ANC, guarantee the security and protection of the shack dwellers.

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Inkondlo

INKONDLO

 

Isihloko sithi izithembiso ezingafezekanga

Salinda! Salinda!

Ibanga elingaka sinomlando omngaka,

kuthina inkululeko ayifikanga, sikhathele

ilamaqabane azenza inkinga. Sicela inkululeko yethu ukuze

nelokishi lethu liphenduke UMhlanga Rocks.

Oyosikhulula siyomthanda njengo Rick Rocks

Abazi umnotho, kuthina bekungakaveli lutho.

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UnFreedom Day 2014: We Mourn Twenty Years of UnFreedom

26 April 2014

Abahlali baseMjondolo press statement

 

We Mourn Twenty Years of UnFreedom

Twenty years of shack life has not been easy for us.

Twenty years of ANC rule with its evictions, its disconnections, its lies and all its greediness and violence has come to mean an abusive relationship with us. Twenty years after apartheid we live like pigs in the mud, our children die of diarrhœa, we are forced into transit camps at gun point, the police beat and shoot us in the streets and the assassins kill us with impunity. If we stand up and demand that our humanity is recognised we are removed from the housing list and placed on the death list.

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Shooting by the eThekwenini Land Invasion Unit at eNsimbini Ward 30

24 April 2014

Abahlali baseMjondolo – Urgent press statement

Shooting by the eThekwenini Land Invasion Unit at eNsimbini Ward 30

Abahlali baseMjondolo members are being violently attacked at eNsimbini by eThekwini Land Invasion Unit. Two comrades – Baba Cele at his 40 years of age and Baba David Ngubane at age 36 have just been shot and rushed to hospital. About 30 shacks have been demolished. We all know that the Land Invasion Unit are a new municipal hit squad that targest the poor, innocent and the homeless.

We all know that the eThekwini Municipality are law unto themselves. Today's eviction, just like any eviction in Durban is illegal, they have no court order and no legal right to evict residents without an eviction order. This illegal and violent attack on the people of eNsimbini happens at the same time Abahlali are still waiting for the Constitutional judgement on the matter of eviction in Durban by KZN MEC for Human Settlements.

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An Invitation to all Political Parties except the ANC

Wednesday, 23 April 2014

Abahlali baseMjondolo press statement

 

An Invitation to all Political Parties except the ANC

 

Abahlali baseMjondolo has boycotted every election, local and national, since

2006 as part of the ‘No Land! No House! No Vote!’ campaign. We made it clear

that we were not interested in being used as ladders for any political parties

or any politicians, that we were aware that no political party is prepared to

form a genuine partnership with the poor and that no political party had a

progressive position on shack settlements.  We understood clearly that poverty

is a question of power and that we therefore had to build our own power

through organising ourselves as the strong poor and to be very careful not to

give up our power to any political party or politician (or NGO).

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Marikana Land Occupation Wins Important Victory in Cape Town High Court

13 March 2014

Abahlali baseMjondolo Press Statement

 

Marikana Land Occupation Wins Important Victory in Cape Town High Court

Today, there was a landmark ruling for our comrades in the Marikana Land Occupation in Cape Town. It will help us and shack dwellers all over South Africa to stop the municipalities' relentless demolitions of poor people’s homes. These demolitions are unconstitutional, illegal and often violent.

We are living in the most challenging times, where Municipalities misuse their powers, as they have done when demolishing people's homes in Marikana settlement in Cape Town on the 28th of April and 02nd of May 2013. It becomes worrying because when this happens, us poor people have nowhere else to go.

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Road Blockade now on in iSiphingo

7 March 2014

Abahlali baseMjondolo Statement

 

Road Blockade now on in iSiphingo

Residents of the iSiphingo transit camps are currently engaged in a road blockade. Transit camps are never acceptable. We are human beings not animals. Recently this camp has been flooded again after the rains. Residents have diseases like TB and asthma due to the living conditions.

In September the MEC promised, in public, that they would be moved to Cornubia. Yet they are still in the transit camp and have heard nothing more about the MEC's promise.

This is a protest at broken promises and it is a protest at living conditions that no human being can accept.

Khanyi 083 874 4853

Mnikelo 081 263 3462

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The poor are punished for demanding our constitutional rights

http://www.dailymaverick.co.za/opinionista/2014-03-06-the-poor-are-punished-for-demanding-our-constitutional-rights/

S'bu Zikode, The Daily Maverick

The word 'democracy' has often been misunderstood. It has been misused to legitimise certain projects in a way that is incorrect and misleading. For many shack dwellers and other poor people in South Africa, democracy has meant free corruption for members of the ruling party, a life mired in the mud and fire of shacks, illegal evictions and forced removals to transit camps.

For the eThekwini Municipality, democracy means that they are a law unto themselves and can act in total disregard of the rule of law. The poor are automatically viewed as criminals even when we act within the law. For those of us who have organised to defend the dignity of the poor, democracy has come to mean death threats, torture, arrest, violence and assassination.

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Evictions in Madlala Village the Day after they were in the Constitutional Court

13 February 2014

Abahlali baseMjondolo Press Statement

 

Evictions in Madlala Village the Day after they were in the Constitutional Court

Yesterday we went to the Constitutional Court to support the Madlala Village community in Lamontville. We were there to oppose an unjust and unlawful eviction order which was granted to the MEC for Human Settlements Ravi Pillay and which the eThekwini Municipality was misusing to claim that it could evict anyone, anywhere despite the protections given to shack dwellers by the Constitution and the PIE Act.

It was very sad for us to hear the lawyers for the MEC telling the court that the order is not to evict residents but to stop new land occupations. The reality is that outside the court they are continuing to evict and are misusing this order to claim that their evictions are lawful.

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Abahlali baseMjondolo Return to the Constitutional Court Tomorrow

Tuesday11 February, 2014

Abahlali baseMjondolo press statement

 

Abahlali baseMjondolo Return to the Constitutional Court Tomorrow

The Marikana Land Occupation in Cato Crest was founded after an illegal eviction by the eThekwini Municipality. It has been destroyed over and over again by the eThekwini Municipality since March last year. Each time the occupation has been rebuilt. We have been to court and won urgent interdicts against the city preventing them from illegally destroying the occupation. We have marched on the City Hall in our thousands. When we did not receive a reply to our memorandum we organized simultaneous road blockades across the city. Now we are taking this struggle to the Constitutional Court.

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We Reject the Poisonous Politic of Division

Saturday, 18 January 2014

Abahlali baseMjondolo Press Statement

 

Unyawo Alunampumulo

A person is a person where ever they find themselves.

Our movement has a proud history of taking a clear and strong stand against xenophobia. Our movement has always been open to everyone who lives in the shacks and agrees with our politic. We ask people many questions before they join our movement. But we have never asked someone what country they were born in before welcoming them into our struggle. A neighbour is a neighbour no matter where they were born. A comrade is a comrade no matter where they were born or what language they speak. During the xenophobic attacks in May 2008 we insisted that a person is a person where ever they may find themselves. We insisted that South African belongs to all who lives in it. We took a decision to shelter and defend anyone under attack. We acted on that decision. There were no xenophobic attacks in any settlement affiliated to our movement.

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Marikana Settlement (Cape Town) opposing City’s interdict claiming the right to destroy homes

10 January 2014

Marikana Settlement (Cape Town) opposing City's interdict claiming the right to destroy homes

This morning, the Marikana Settlement in Philippi East will be asking for an urgent interdict from the City of Cape Town from illegally destroying people's homes in the settlement. In response, the City has begun to request their own interdict which at noon today, we will be opposing.

We will be mobilising and protesting outside the Cape High Court this morning. Supporters and media are urged to come to the Cape High Court from 11am onwards to support us.

We've proven before that the City has been destroying occupied homes. See our website here: http://marikanasettlement.net/

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The Land Invasion Unit is Approaching Cato Manor

6 January 2013

Abahlali baseMjondolo Press Statement

Land Invasion Unit is Approaching Cato Manor

The Land Invasion Unit has gathered at the Westridge Tennis Stadium. This is where they usually meet before attacking Cato Manor. They have now left the stadium and an attack seems imminent.

There is no court order and so these evictions will be illegal. We don't yet know if they are planning to attack the Dunbar occupation (occupied yesterday) or the Marikana occupation (occupied March 2013) or both.

The ANC and the City have failed to destroy the Marikana Occupation. Now the ANC Area Committee is selling sites in the area for between R3 000 to R5 0000 each. They are trying to get back political control and the ability to profit from the land this way.

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New Year’s Eve in Cato Manor: An Occupation, Police Violence, Arrests and Fire

1 January 2014

Abahlali baseMjondolo Press Statement

New Year’s Eve in Cato Manor: An Occupation, Police Violence, Arrests and Fire

Just after three this morning the River View Flats in Cato Manor were occupied. Some of the occupiers had previously been evicted from this block of flats and others were from the Marikana Land Occupation, also in Cato Manor.

The security guards stationed at the block of flats tried to prevent the occupation by firing rubber bullets at the occupiers but they were outnumbered and they were not able to stop the occupation. Around fifty people were able to gain occupation of the block flats which was then renamed Amandlethu Village.

The occupation was an act of non-violent civil disobedience against a municipality that is corrupt, criminal and violent, a municipality that, in partnership with the ruling party, brazenly ignores the law and routinely uses violence to try and force its poorest residents to accept their oppression. In this municipality government housing is being used to control the poor, to expel us from the city centre, to force us to accept the control of ruling party and, most of all, to make politicians and their friends rich.

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The SOHCO Owned River View Flats in Cato Manor Have Just Been Occupied

1 January 2014 3:30 a.m.

Abahlali baseMjondolo Press Statement

The SOHCO Owned River View Flats in Cato Manor Have Just Been Occupied

The River View Flats in Cato Manor have just been occupied. The 350 flats in this block are owned by SOHCO, a social housing company, and were standing empty after the residents were all evicted in November. The security guards shot at the occupiers with rubber bullets. The police have arrived. Ten comrades have been arrested and taken to KwaKito (the Cato Manor police station).

Our movement has organised a number of land occupations over the years. This is the first time that we have occupied a block of flats. We have renamed the River View flat occupation as Amandlethu Village.

Among the comrades who have organised the occupation of these flats tonight are those who were evicted from these flats in November 2013 and those who were first evicted from their shacks in Cato Manor in March 2013 and who then opened and occupied a new section of Cato Manor called Marikana. Since then they have been illegally and violently evicted from the new occupation nine times including, most recently, on 23 December 2013. Three comrades have been murdered during this struggle, two others have been shot and many have been arrested and assaulted.

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Illegal Evictions in Cato Crest

Monday, 23 December 2013

Abahlali baseMjondolo

Illegal Evictions in Cato Crest

Christmas is often the time of evictions in Durban. The Municipality knows that many people are away at their rural homes and that it is difficult to get legal, media and political support at this time.

Today the municipality is demolishing homes at the Marikana land occupation in Cato Crest. About 40 houses have already been demolished now by the eThekwini Land Invasion Unit. We are still counting as they are still demolishing.

Cato Crest sits with an order from the Durban High Court which protects the residents from the illegal demolishing of their homes. Yet the municipality does not respect the order and demolishes in open violation of the law and the court order. This is the 8th time this year that the municipality has acted in open contempt of the court by demolishing homes at this settlement.

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Today We Protest in Cato Crest in Honour of Nelson Mandela

Monday, 09 December 2013

Abahlali baseMjondolo Press Statement

 

Protest Today in Cato Crest in Honour of the Father of the Nation uTata uNelson Mandela

 

“If the ANC does to you what the Apartheid government did to you, then you must do to the ANC what you did to the Apartheid government.”

–           Nelson Mandela, Cosatu Conference, 1993

 

Today Abahlali will hold a protest in Cato Crest in honour of the late Tata Nelson Mandela.

On Saturday Abahlali baseMjondolo had a meeting to discuss the meaning of Nelson Mandela for our country and our struggle and to discuss how we can honour him.

In Johannesburg Nelson Mandela gave legal support to the Sofasonke movement, a shack dwellers' movement. He supported them to defend their land occupations. In Durban the movement that he helped to radicalise supported the struggle against evictions in Umkhumbane, which is also known as Cato Manor. Cato Crest is part of Cato Manor. Today we are evicted in Cato Crest. Today we are beaten, arrested, shot and murdered in Cato Crest. Today we do not count to the law in Cato Crest.

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March in Clare Estate, Monday 18 November 2013

17 November 2013
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo to March in Clare Estate on Monday 18 November 2013

We will be marching on Councillor Bhekisane Ngcobo on Monday 18 November 2013. The march will leave the Foreman Road shack settlement at 9:00 a.m. and will finish at Ngcobo’s office in Asherville at 13:00.

The message of the day is that: FOREMAN RD DEMANDS LAND, HOUSING & DIGNITY IN OUR LIFE TIME.

This is the first time that the ratepayers’ associations are supporting an Abahlali baseMjondolo march. We have had a number of meetings with the Clare Estate Ratepayer’s Association. The politicians are always using the ratepayers as an excuse to force the poor out of the city. They blame their programme of reruralisation on the ratepayers. However we and the ratepayers have agreed on a common programme. We have agreed that we want to build a Clare Estate for all, a Clare Estate where everyone has a decent house, decent services, good schools, where development is democratically decided and everyone feels at home and can enjoy living in the area in safety. The march is organised by Abahlali baseMjondolo and supported by ratepayers and civic organisations of ward 25; viz. Clare Estate; Asherville; Springtown & Puntans Hill. It is also supported by the local taxi association and other local businesses.

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Despite the state’s violence, our fight to escape the mud and fire of South Africa’s slums will continue

http://www.theguardian.com/commentisfree/2013/nov/11/south-africa-fight-decent-housing-assassination

by S'bu, Zikode, The Guardian

Our movement of shack-dwellers – Abahlali baseMjondolo, representing some of South Africa's poorest people – was formed in 2005 in Durban and now has more than 12,000 members in more than 60 shack settlements. We campaign against evictions, and for public housing: struggling for a world in which human dignity comes before private profit, and land, cities, wealth and power are shared fairly.

When Abahlali baseMjondolo members take our place in cities we take it humbly, but firmly. We have won many important battles in court, including the overturning of the anti-poor Slums Act – but the law has not bought justice. Despite that victory, thousands of shack dwellers were forcibly removed to make way for developments ahead of the 2010 World Cup. Most were dumped in transit camps, left to rot without basic services. Some camps – such as Isipingo, south of Durban – were built on flood plains.

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Phantsi ngokucinizelwa kwabantu ngamapolisa

http://activateonline.co.za/phantsi-ngokucinizelwa-kwabantu-ngamapolisa/

Phantsi ngokucinizelwa kwabantu ngamapolisa

Umbutho wabantu abangaphangeliyo (UPM), Abahlali Basemjondolo (AbM) bekunye nabasebenzi nabafundi beDyunivesithi iRhodes bebebambe umngcelele osingisele kwisitishi samapolisa aseRhini ngenjikalanga yangoLwesithathu. Bebesiya kudlulisa ileta yesimemezelo sokuba kupheliswe ukubulawa kabuhlungu kwabantu ngamapolisa xa belwela amalungelo abo.

Oku kulandela emveni kokuba amaqabane amathathu ethe abulawa ngamapolisa eCato Crest, Ethekwini ebutsheni balo nyaka. Le mibutho ikwa vakalise ukubulawa kuka-Andries Tatane nendyikitya yaseMarikana njengezinye zezizathu eziphembelele le matshi.

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The Housing List versus the Death List

The Housing List versus the Death List

We are supposed to be living in a democratic country, a country of justice, a country where everyone should be treated as one. Yet there is a huge inequality. That inequality is economic, it is spatial and it is political. We remain divided into rich and poor. We continue to be allocated to different kinds of places that are meant for different kinds of people with different kinds of opportunities, different kinds of lives and different kinds of rights. We continue to be divided into those that have the freedom to express themselves and those that face all kinds of intimidation and repression if we commit the crime of telling the truths about our lives.

For the poor this country is a democratic prison. We are allowed to vote for our prison warders and managers but we must always remain in the prison. We must remain in silence when our shack settlements are illegally destroyed leaving us homeless. We must remain in silence when we are forcibly removed to transit camps that are only fit for animals but not for people. We must remain in silence when we are told to return to Lusikisiki or taken to human dumping grounds far outside the cities. We must remain in silence when we are threatened, beaten, shot and killed. The politicians think that when we refuse to be silent, and when we resist repression, they can silence us by throwing some meat at us. After all these years they think that we are dogs. We are not dogs. We are people. We will continue to rebel until we are treated as human beings.

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Picture the Homeless: Jean Rice’s Speech from Riverside Church “Dear Mandela” Screening & Panel Discussion

http://picturethehomeless.org/blog/node/418

Jean Rice's Speech from Riverside Church "Dear Mandela" Screening & Panel Discussion

I am here today, because since the historic transition to a participatory democracy based upon the concept of one person one vote which was declared in South Africa in 1994, my Abhalali brothers and sisters are still being treated as second class citizens and in far too many cases being hunted as if they were targets of a "Fugitive Slave Act."

I am here today to reiterate my brother S'bu Zikode's explanation of the Shackdwellers' "Living Politic", as he explained this credo at the university of Chicago on November 8, 2010: "Our living politic begins with the fact that all  of us were created in the image of God and are therefore equal. Our living politic starts by recognizing the full and equal humanity of every human being. We struggle as human beings with equal worth and intelligence to all other human beings against a system that produces inequality by denying every day the humanity of some of us."

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Road Blockade in Isipingo Yesterday

Wednesday, 30 October 2013

Abahlali baseMjondolo Press Statement

Road Blockade in Isipingo Yesterday

The Isipingo transit camp was badly flooded during the recent rains. It is built in a dangerous area and there is no drainage. It is not fit for human habitation.

Yesterday a road blockade was organised in protest at:

–       The flood and the inhuman conditions in the transit camp

–       The failure to honour to the promise, made more than a week ago, to start moving people out of the transit camp within a week

–       The attempt to silence us with lies on one hand and repression on the other hand

One person was arrested on the blockade but she was later released without being charged.

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Today We Return to Court in Solidarity with Four of Our Comrades Arrested in Cato Crest

28 October 2013 Abahlali baseMjondolo Press Statement

Today We Return to Court in Solidarity with Four of our Comrades Arrested in Cato Crest

Today we return to the Durban Magistrate’s Court in solidarity with four of our comrades arrested in Cato Crest during the current wave of repression. The four comrades appearing in court today are Bandile Mdlalose and, in a separate case, Nokulanga Magobongo, Sibongile and Mr. Mzihle.

Bandile Mdlalose was arrested on the 30th of September 2013 during a spontaneous demonstration against the murder of Nqobile Nzuza, 17, who was shot in the back of the head by the police. Bandile’s only real ‘crime’ was to refuse to be intimidated and to be in silence in the face of police murder and intimidation. She was detained in Westville Prison for a week and then released on a very high bail (R 5000) and with onerous conditions including a ban on her entering Cato Crest. This is an outrageous violation of her basic political rights.

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uMlazi Update

Friday, 11 October 2013

Abahlali baseMjoindolo Press Statement

uMlazi Update

Our movement is growing in uMlazi. We are very strong in the eMhlabeni land occupation and the Silva City transit camp. On Friday last week three comrades were arrested on an uMlazi road blockade organised to demand (1) the release of Bandile Mdlalose and (2) that the City stops its repression and start negotiations with us on our demands given to them at the march on 16 September 2013. We are demanding democracy, not just voting but real democracy, everyday democracy, and an end to repression.

These three comrades were kept in the holding cells till Monday. On Monday morning some comrades went to the Durban Magistrates’ Court and others went to the court in uMlazi to support comrades in detention. Before the court was in session our members were singing outside as is their right. The police came, threatened them, and said that if they were not be quiet they would know who to start with when the shooting started. They said that they would shoot two people. After this the people stopped singing. We have signed statements on the threat from the police to shoot two people.

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I will not be silenced

http://www.iol.co.za/dailynews/opinion/i-will-not-be-silenced-1.1589748#.UtjXWtK1ZA8

October 10 2013 at 09:00am

By BANDILE MDLALOSE

On June 3, 2010 when I became the general secretary of Abahlali baseMjondolo Movement SA, I vowed to die where Abahlali members died, writes Bandile Mdlalose

I vowed to protect my country. I vowed to be loyal to the poorest of the poor. I vowed to uphold the constitution of South Africa in a sign of respect for all those who fought for this country.

I vowed to take forward the struggle for land and housing in the cities, to make sure that land, cities, wealth and power are shared.

Upon my vows I stand firm, committed to implementing them.

No judgment, imprisonment or bullet will silence me while we, the poor, are being oppressed by those whose daily bread is the poverty and blood of the poor.

I refuse to be silenced by any judgement by those who never gave themselves enough time to understand how it is to live in poverty.

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Seven Days of Thoughts in Westville Prison

This article has been published in the Daily News.

Seven Days of Thoughts in Westville Prison

On June 3, 2010 when I became the General Secretary of Abahlali baseMjondolo Movement S.A. I vowed to die where Abahlali members die. I vowed to protect my country. I vowed to be loyal to the poorest of the poor. I vowed to uplift the Constitution of South Africa in respect for all those who fought for this country. I vowed to take forward the struggle for land and housing in thecities, to make sure that land, cities, wealth and power are shared.

As upon my vows I stand firm to implement them. No judgement, imprisonment or bullet will silence me while we, the poor, are being oppressed by those whose daily bread is the poverty and blood of the poor. I REFUSE to be silenced by any judgement of those who never gave themselves enough time to understand how it is to live in poverty. I REFUSE. I refuse to allow the silence to take control. The price of silence keeps me going because the price of silence is oppression, suffering, wasted lives and death. The price of rebellion is less than the price of silence.

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Today Even More of us are S’bu Zikode

7 October 2013

Abahlali baseMjondolo Press Statement

Today Even More of us are S’bu Zikode

Our movement has faced serious repression since it was formed in 2005. Our protests have been banned, they have been attacked by the police, we have been arrested on trumped up charges, beaten in the police stations, driven form our homes, tortured and murdered.

We have always made it clear that we want to negotiate with the government, that we want to bring the people to the government and the government to the people. But it is clear that the politicians prefer a politic of violence to a politic of negotiation.

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Statement in Defense of the Abahlali BaseMjondolo members

To:

James Nxumalo, Mayor, eThekwini Municipality, Durban, South Africa

Senzo Mchunu, Premier, KwaZulu-Natal

Jacob Zuma, President, Republic of South Africa

Since 2005, the ABAHLALI BASEMJONDOLO (Shack Dwellers) movement has mobilized to fulfill the needs of a large number of inhabitants in the city of Durban who live without access to land, housing, food, education and basic services such as clean water, sanitation, electricity and health care.

In response to this mobilization, the South African Police Service, the Ethekwini Municipality and the ruling political party (ANC) have attempted to criminalize the actions of this movement.

In particular, we have observed:

                        The continued intimidation, beatings and unlawful detention of activists.

                        The torture of individuals held in detention.

                        The demolition and bulldozing of thousands of homes.

                        The use of the press to slander the movement and its various leaders.

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Statement of Solidarity from Bishop Rubin Phillip & the KwaZulu Natal Church Leaders’ Group

Destroying our lives – in Cato Crest

Today, we found ourselves where we have been too often before – at the Durban court awaiting a decision on bail for another shack dweller charged with public violence.  Again – bail denied; on what grounds it is not clear.

Why another bail hearing? What has led to us as clergy being here again this day?

Over the past few months and weeks we have heard:

·         of illegal evictions and demolition of homes in Cato Crest by the Land Invasion Unit;

·         of alleged fraudulent selling and allocation of houses in Cato Crest by local political leadership;

·         of several court interdicts secured by Abahlali protecting their homes, and the same interdicts despised and ignored by city officials and political leadership;

·         of intimidation by local ANC leadership and members in Cato Crest, of the legal teams that were attempting to give effect to the court's orders of restraining the city from demolishing people’s houses, and restraining them from further evictions, and instructing the city to rebuild people’s houses that were demolished;

·         of the shooting by the Land Invasion Unit and the SAPS of protesters asserting their rights – shot with rubber bullets and live ammunition.  We visited today Nkosinathi Mngomezulu and Luleka Makhwenkwana who are still in hospital recovering from their wounds.

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Statement from this morning’s road blockade in Siyanda

Update 20:34: Police bail was refused. A pro bono lawyer was secured but the prosector on standby had her phone switched off and so a bail hearing was made impossible. The three comrades will have to spend the weekend in the holding cells.

Update 10:10: The three comrades arrested today are are Themba Msomi, Thembeka Sondaba & Fikiswa Mgoduka.

Yesterday there was a blockade in Clare Estate. This morning there are blockades in iSiyanda and uMlazi. Three comrades, including the chairperson are under arrest in uMlazi. She still has her phone with her and she is strong. A police car turned over in uMlazi. This was because the driver failed to control it. We did not attack it. However we were attacked with tear gas and rubber bullets – the same bullets that killed Andries Tatane – in both iSiyanda and uMlazi.

uTata Nelson Mandela said that if the ANC does to us what apartheid did to us then we must do to the ANC what we did to apartheid. We are living in apartheid under black management. Therefore we are back to the streets. In these actions we are honouring Madiba.

The demands that are being issued on these blockades are clear. The first one is the same demand as the one issued in Cato Crest on Monday, in Clare Estate yesterday and in Clare Estate, iSiphingo and Cato Crest last week. That demand is that we want a full and proper response to the memoranda that we handed over to the Municipality on our march on 16 September. We have a new demand too now: Free Bandile Mdlalose!

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M&G: Open letter to James Nxumalo, Senzo Mchunu & Jacob Zuma

2 October 2013

To:

James Nxumalo, Mayor, eThekwini Municipality, Durban, South Africa

Senzo Mchunu, Premier, KwaZulu-Natal

Jacob Zuma, President, Republic of South Africa

We are writing to you to express our grave concern at events unfolding in the Cato Crest shack settlement in Durban.

After an illegal eviction in Cato Crest by the eThekwini Municipality in March this year, shackdwellers occupied an adjacent piece of land. They named the settlement “Marikana”. Since then, two activists have been assassinated -Thembinkosi Qumbelo and Nkululeko Gwala. A third, Nkosinathi Mngomezulu, is in critical condition after being shot by the Land Invasions Unit. A number of activists have been seriously beaten by the police. Other activists, including Bandile Mdlalose and S’bu Zikode of the shack dweller movement Abahlali baseMjondolo who have been supporting the residents, have been threatened with death.

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Marikana Continues: Statement on the murder of Nqobile Nzuza

Thursday, 03 October 2013

Abahlali baseMjondolo Press Statement

Marikana Continues: Statement on the murder of Nqobile Nzuza

Two young women were shot in the back  in Cato Crest on Monday. They were both shot in the back while running away from the police. Nqobile Nzuza was shot in her back and in the back of her head and died on the scene. Luleka Makhwenkwana was shot in her arm, also from the back, and was taken to hospital but has now been discharged. Police spokespeople Jay Naicker and Solomon Makgale have been telling the media all kinds of lies about these shootings.

We wish to make it clear that the police are lying just as they lied after the massacre on the mountain in Marikana last year.

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Bandile Mdlalose has been denied bail

Abahlali baseMjondolo Press Statement
1 0ctober 2013

Bandile Mdlalose has been denied bail

We went to court today to bring Bandile home. We had to leave without her. She was denied bail.

Thembinkosi Qumbelo is dead. Nkululeko Gwala is dead. Nqobile Nzuza is dead. Nkosinathi Mngomezulu is in hospital. Luleka Makhwenkwana is in hospital.

Our members have been beaten during evictions, during protests and in the police stations.

Our homes have been destroyed again and again even though this is against the law, the constitution and all the court orders that we won.

And yet they say that Bandile is suspected of 'public violence' and is too dangerous to society to be allowed out of jail.

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Nqobile Nzuza, a 17 Year Old School Girl, Shot Dead with Live Ammunition by the Cato Manor SAPS

30 September 2013

Abahlali baseMjondolo Press Statement

Nqobile Nzuza, a 17 Year Old School Girl, Shot Dead with Live Ammunition by the Cato Manor SAPS

Nqobile Nzuza a 17 year old girl, a grade 9 learner at Bonella High School and an Abahlali baseMjondolo supporter was gunned down at around 5:00 a.m. this morning. Nqobile was shot twice from behind with live ammunition. Luleka Makhwenkwana was also shot in her arm with live ammunition and she is in King Edward Hospital. Thulisile Zide fainted and went unconscious, she is also in hospital. 

This is shoot to kill policing. This is the crackdown that the police and politicians promised on protests. This is policing that is willing to murder to suppress the struggle for real justice and real freedom. This is policing that is used to oppress the people in the interests of the ruling party and the tenderpreurs and gangsters that have seized control of it in Durban.

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The Con: Broken Heart(h)s and Lives

http://www.theconmag.co.za/2013/09/29/broken-hearths-and-lives/

Sindy Mkhize on the September 2009 attack on Abahlali baseMjondolo in the Kennedy Road settlement.

My family still carry the attack on Abahlali baseMjondolo in the Kennedy Road shacks on September 26 2009 in our broken hearts. I never thought it would take this long to put our lives together. It is difficult to live in such an unstable situation. It feels like being in prison, a prison where the walls are made of fear and worry.

We lost everything we owned during the attack. We have had to move from one place to another for security reasons. We have had to move from one place to another for rent reasons. We are still living a miserable life, paying inflated rent. There are still death threats against my husband. We still don’t feel secure. It burns our hearts that our children have had to grow up like this. It is not just us. None of the people who were displaced from Kennedy are stable.

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Road Blockades Around the City

Update 27 September 2013, 12:42: They are feeling the pressure. The provincial MEC wants to open negotiations this afternoon.

Update 27 September 2013, 8:47: There are road blockades again this morning. There are more than 500 people on the Isipingo blockade. The Kennedy blockade is strong too. One arrest so far.

Update 26 September 2013: The three Cato Crest comrades have been released. The charges were withdrawn because the police had no case against them. The person arrested at Kennedy Road has also been released. She was beaten by the police.

26 September 2013
Abahlali baseMjondolo Press Statement

Road Blockades Around the City

On the 16th of September 2013 we marched on the Durban City Hall in our thousands with the hope that this is the Republic of South Africa and thus we shall be taken seriously. We delivered memoranda demanding well located land and decent housing and the restoration of our dignity to the Provincial Dept of Human Settlement, Cooparative Governence and Traditional Afairs and eThekwini Mayor James Nxumalo. We made it clear that we expected a response within seven days.

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Statement of the General Council of the Bar of South Africa on Illegal Evictions in Cato Crest

GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA

PRESS STATEMENT

The General Council of the Bar notes with concern the recent evictions of over 100 informal settlers at Cato Crest in Durban. Over the past two weeks, the residents of the settlement have been evicted and left homeless three times by the Durban Municipality's land invasion unit.


The residents have urgently approached the High Court on no less than five occasions, claiming that their eviction was unlawful. They have obtained three interim court interdicts, restraining the Durban Municipality from evicting them again without a court order, and have subsequently rebuilt their homes. However, on each occasion the Municipality's land invasion unit has returned to the settlement and destroyed the residents' homes once again.

The GCB notes reports that the residents were driven to occupy land at Cato Crest earlier this year after they were excluded from a project intended to provide housing to them and others in a nearby informal settlement.


The GCB emphasises that Section 26 of the Constitution entrenches the right of access to adequate housing and the right of protection from arbitrary eviction. It is a matter of grave concern that, despite their repeated attempts to follow due process of law in enforcing their constitutional rights, the residents, including many women and children, have been left homeless and destitute.


I A M SEMENYA SC


CHAIRMAN

23 September 2013

Statement of the General Council of the Bar on Cato Crest

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Three Abahlali baseMjondolo Members Shot in Cato Crest

Update: 9:27 p.m. After the meeting at Cato Crest the comrades went to the hospital. Mngomezulu is fighting for his life in the ICU.

Update: 12:57 p.m. Abahlali baseMjondolo marched on the Cato Crest police station to demand the release of the arrested comrades. They have secured their release.

21 September 2013
Abahlali baseMjondolo Emergency statement

eThekwini Municipality’s Invasion Unit has shot three Abahlali baseCato Crest, one with live ammunition

Abahlali has witnessed the leader of the Land Invasion Unit Mr Goven, shooting at our members in Cato Crest. We witnessed him shooting at Mngomezulu. Goven was in his white shirt while the rest of his crew was wearing blue. Three live bullets were fired at Mngomezulu.

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ANC Thuggery Undermines the Rule of Law Once Again

17 September 2013
Abahlali baseMjondolo Press Statement

ANC Thuggery Undermines the Rule of Law Once Again

Yesterday we occupied the centre of Durban in our thousands. After our march some of us went to court, once again, for the Cato Crest matter. We have won a number of orders from the High Court interdicting the eThekwini Municipality from illegally evicting our members from the Marikana land occupation at Cato Crest. However the Municipality has just ignored these court orders. The court eventually decided to order various officials to appear before the court to explain why they should not be arrested. But even the agreement made to stop the evictions, which have been violent, while the Municipality prepared its case, was violated. While we were in court threats were made against us and guns were openly passed around outside the court. Two activists have already been assassinated in Cato Crests and death threats have to be taken seriously.

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ANC members are threatening AbM leaders in Cato Crest now

Update: It was impossible to carry out the process as stipulated by the court order due to intimidation and threats from ANC supporters including open and public death threats. The rule of law is being undermined at every turn. Our lawyers and leaders have now left the area.

17 September 2013 9:11 a.m.
Abahlali baseMjondolo Emergency Press Statement

ANC members are threatening AbM leaders in Cato Crest now

AbM leaders are at Cato Crest with lawyers from both AbM and the City, as per the last court order, to count and mark the shacks that are protected by the court orders.

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Demolitions Happening Right Now in Cato Crest

Update – 2:07 a.m. Even the building materials were destroyed. AbM is now meeting at the occupation. All branches will support the occupation and the movement has affirmed its commitment to do everything possible to fight back.

Update – 9:29 a.m. These evictions are being carried out at gun point and with violence.

14 September 2013 – 9:117 a.m.
Abahlali baseMjondolo Emergency Press Statement

Demolitions Happening Right Now in Cato Crest

 

 





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March on the Durban City Hall to Demand Land, Housing and Dignity

13 September 2013
Abahlali baseMjondolo Press statement

March on the Durban City Hall to Demand Land, Housing and Dignity

Abahlali baseMjondolo Movement SA together with Abahlali baseSipingo Transit Camp (eMathinini) will be marching to the Durban City Hall on Monday, 16 September 2013. We will be joined by Abahlali from around the province of KwaZulu-Natal including Howick and the South Coast. For a very long time there has been serious neglect of people in smaller towns.

This march comes at a very tough time for our movement. It comes at a time when we are not only beaten and repressed for raising our voices but also threatened with death and killed. Our crime has been to organize in shack settlements and to organize unorganized communities. Our crime has been to organize outside state control. Our crime has been to organize outside party control. Our crime has been to create a platform for people who are supposed to be spoken for and about to speak for ourselves. Our crime has been to speak truth to power. Our crime has been to speak out against the corruption that implicates top politicians in Cato Crest. Our crime has been to insist that everyone counts. Our crime has been to insist on our right to the cities. Our crime has been to take action to put the social value of land before its commercial value. And yes, our crime has been to insist that the state does not treat the poor as if we were beneath the rule of law and outside of our constitutional democracy.

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Another Victory in the Durban High Court for Abahlali baseCato Crest

12 September 2013
Abahlali baseMjondolo Press statement

Another Victory in the Durban High Court for Abahlali baseCato Crest

 




 

Abahlali baseCato Crest outside the Durban High Court, 12 September 2013

Abahlali baseMjondolo Movement SA have again won another Court Interdict prohibiting the eThekwini Municipal Land Invasion Unit and the Metro Police from demolishing the homes of Abahlali baseCato Crest. The court ordered Municipal officials and the Municipal Legal team to go to Cato Crest to indentify residents with their shacks and mark them. This is to make sure that Abahlali are no longer touched by the Municipality pending the finalization of our application. The visit will take place on Tuesday, 17 September 2013 at 9 a.m. This is a relief arrangement while proceedings are under way. The City only filed their answering affidavit today and our legal team will need to respond to it before the court can hear it, together with the main application.

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Cato Crest Currently Under Illegal and Violent Attack by the eThekwini Municipality

11 September 2013 – 10:05 a.m.
Abahlali baseMjondolo – Emergency Press Statement

Cato Crest Currently Under Illegal and Violent Attack by the eThekwini Municipality

The Municipality is Attacking Cato Crest Right Now. Homes are Being Demolished. Media are requested to rush to the scene to witnesses the criminality and inhumanity of this Municipality for themselves.

Ndabo Mzimela: AbM-Cato Crest Chairperson 072 401 5974
Lindiwe: AbM- Cato Crest Activist 072 749 3693
Bandile Mdlalose: AbM- General Secretary 084 557 5090

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Press Conference in Cato Crest on the Crisis in Cato Crest

10 September 2013
Abahlali BaseMjondolo Press Statement

NKULULEKO GWALA PRESS CONFERENCE

We are all Nkululeko Gwala and we want to cough it all out.

It is high time that the truth be told. The world, the country, the Cato Crest community, friends and family of Nkululeko Gwala are all wondering what has led to Nkululeko‘s assassination. It is time the world should know the truth.

Corruption, violent and illegal evictions, contempt of court orders, police violence and death threats from local party structures have become the order of the day in Cato Crest yet no one talks about it. The truth is known and yet no one speaks out. It is time that Abahlali baseCato Crest spoke.

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Court Order Compelling Senior Municipal and Police Officials to Explain Why They Must not Either Obey the Law or Go to Jail

6 September 2013
Abahlali baseMjondolo Press Statement

Court Order Compelling Senior Municipal and Police Officials to Explain Why They Must not Either Obey the Law or Go to Jail

We have won an order in the High Court that requires the head of the Land Invasions Unit, the Municipal Manager and the Station Commander of the Cato Manor Police Station to show on 12 September if there is any good reason why they should not either be committed to prison for 30 days or comply with the court order issued against them on 2 September. That order prohibits them from evicting people in Cato Crest and forces them to rebuild the shacks that they have demolished.

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The three comrades arrested for public violence were bailed out last night

Abahlali baseMjondolo Press statement
06 September 2013

The three comrades arrested for public violence were bailed out last night

Yesterday three Abahlali baseMjondolo members were arrested after Bellair Road was blockaded in protest at more illegal and violent evictions in Cato Crest. These evictions violated the law, the Constitution and an order of the court. The three comrades who were arrested are Sibongile, Nokulunga and Mr Mzinhle.

After the arrests the leadership of Cato Crest branch, together with the Abahlali baseMjondolo leadership, went to the Cato Manor Police Station to negotiate bail for our comrades. We were glad to have secured police bail for them without any objection from the police. 

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We Are Under Attack in Cato Crest!

Update: 7:28 p.m. The movement has secured the release of the arrested comrades from Ngiba's police station on R500 bail each. They were assaulted in police custody by Officer Phahla.

Update: 1:46 p.m. Six comrades have been arrested on the road blockade. Around 40 shacks were demolished (Update: The police have held three comrades at the station)

5 September 2013
Abahlali baseMjondolo Pres statement

We Are Under Attack in Cato Crest!

eThekwini Municipality violates Court Order

Despite both an undertaking and an Order of Court issued by Durban High Court

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We Have Secured Another Court Interdict in Defence of Cato Crest

02 September 2013
Abahlali baseMjondolo Press Statement

We Have Secured Another Court Interdict in Defence of Cato Crest

Abahlali baseMjondolo has just secured another interdict in the Durban High Court against the eThekwini Municipality.

At around 13:00 p.m. today around 80 municipal police officers and members of the Land Invasions Unit arrived in Cato Crest, Ward 101, escorted by the local Councillor, Mzimuni Ngiba and his BEC (Branch Executive Committee of the ANC). They attacked our comrades and demolished their shacks leaving them homeless. They demolished the shacks even though there is a court order preventing them from demolishing the shacks.

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Our Movement is Under Attack

Monday, 2 September 2013
Abahlali baseCato Crest Press Statement

Our Movement is Under Attack

The eThekwini Municipality's Land Invasion Unit has again demolished shacks and evicted residents in Cato Crest without a Court Order. This is despite the undertaking made before the Durban High Court that they will not demolish any shacks in Cato Crest pending the final court decision. They demolished on Sunday and again this today. This morning they demolished 15 shacks, 8 of them were the homes of people who where among those who secured an interim court order preventing the destruction of their homes. The few bullies running this municipality are rendering it a criminal municipality with no respect for the poor, for democracy or the rule the law.

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eThekwini Municipality Goes Rogue, Illegally Evicts Residents

PRESS RELEASE
Socio-Economic Rights Institute of South Africa (SERI)
2 September 2013

ETHEKWINI MUNICIPALITY GOES ROGUE, ILLEGALLY EVICTS RESIDENTS

eThekwini demolishing shacks at Cato Crest despite undertaking to High Court

Yesterday and today the eThekwini Municipality has been evicting residents of Cato Crest informal settlement in violation of an undertaking it made to the Durban High Court last month.

Three weeks ago the municipality began demolishing the homes of shackdwellers at Cato Crest settlement without a court order, rendering a number of residents homeless. These residents have been left out of a housing development in the area ostensibly because they are tenants and “come from the Eastern Cape.” They are also, seemingly, being left out of legal protections against evictions. The Cato Crest residents were being assisted by Abahlali baseMjondolo member and Cato Crest housing activist Nkululeko Gwala until his death in an apparent assassination in June 2013. Gwala was exposing corruption in housing allocation at the Cato Manor housing development.

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Illegal Evictions Happening Right Now in Cato Crest!

Sunday 1 September 2013, 13:36
Abahlali baseCato Crest Emergency Press Statement

The eThekwini Municipality is Currently Evicting People in Cato Crest in Violation of the Law and a Court Order

On 23 August 2013 we secured an interim interdict against the eThekwnini Municipality from continuing with their illegal evictions in Cato Crest.

However the Municipality has returned to Cato Crest today and is currently demolishing our homes and leaving us homeless. These evictions are illegal, in violation of a court order and a violent attack on our humanity and our right to live in the this city.

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Durban High Court Grants Cato Crest Residents an Interim Order Interdicting the eThekwini Municipality against Evictions

23 August 2013
Abahlali BaseMjondolo Press Statement

Durban High Court grants Cato Crest residents an interim order interdicting the eThekwini Municipality from Demolishing and Evicting them from their homes

On Tuesday 13 August 2013 the eThekwini Municipality demolished homes of shack dwellers in the Cato Crest land occupation. As usual these demolitions were not authorised by an order of the court. This is not just immoral. It is also illegal. The people who were left homeless after these evictions were iisolated from the current housing development in the area because the majority of them come from the Eastern Cape and have been labelled as tenants. This was also confirmed at the beginning of the year when Cato Crest residents were protesting and demanding houses. Nigel Gumede said that these are unknown people. He said that most of them come from the Eastern Cape and also called them as tenants. This is a very dangerous politic that is trying to weaken the poor by dividing us.

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Is Nkululeko Alive, Dead or Risen from His Grave?

IS NKULULEKO ALIVE, DEAD OR RISEN FROM HIS GRAVE?

by Bandile Mdlalose

It has been almost three months since Nkululeko Gwala, a leader and activist of Cato Crest, was assassinated for speaking the truth.

Nkululeko was labeled, named and framed for being a bad leader and leading the protest which led to the burning down of the councilor’s office which took place on Tuesday 25 July 2013 at night. Of course this accusation was not true. But the politicians always think that they have got the answers to everything. Their role is to label activists who speak the truth, and to destroy their reputation. They always protect the system of oppression that makes some of us poor and others rich. Continue reading

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Housing corruption, eviction and demolition in Cato Crest right now

Tuesday, 13 August 2013
Abahlali baseCato Crest press statement

Housing corruption, eviction and demolition in Cato Crest right now

After Nkululeko Gwala was murdered for speaking against corruption and for calling for a fair and transparent allocation of housing in Cato Crest, activists in the area have continued to receive death threats.

Yesterday a local ANC member who is also in an ANC local committee was illegally allocated a house. Like so many others he was rewarded for being loyal to the party. Abahlali noted this and started questioning the rightfulness of this ANC member to get a house. As always our members were threatened and special party meeting was held to discuss how the ruling party should deal with out movement. Residents were in fear the whole night as the intimidation of those who speak out continues.

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Abahlali baseMjondolo to March on Mayor de Lille on Wednesday

Monday, August 12, 2013
Abahlali baseMjondolo Sweet Home Farm Branch Press Statement

Abahlali baseMjondolo to March on Mayor de Lille on Wednesday

Abahlali baseMjondolo Western Cape is tired of the waiting system from the government. The Western Cape has turned to be a spaza shop, where the DA comes and shop for votes while we are left with empty promises.

The leading party in the Province does not have any humanity. Its only delivery is to demolish our homes, leaving us homeless in the rain. When they comes to shop for their votes they act like we are people who count, and they know that we are in ward areas. After the voting is finished we are called unknown people and we treated like people that don't count to this city.

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Women are human beings even when they find themselves in shacks or transit camps

Friday, 9 August 2013
Abahlali baseMjondolo Womens' League Press Statement

 

Women are human beings even when they find themselves in shacks or transit camps

Today women of the shack settlements just like women of Sandton, Sea Point and Umhlanga Rocks will be commemorating Women’s Day. We are human beings and we are women where ever we find ourselves. We are still women in the shacks and we are still women in the transit camps and in the streets. We believe it is shack women’s responsibility to bring about change in their own lives, in our communities and in our society as a whole. Continue reading

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Legal Aid refuses to stand for Abahlali baseWyebank in Court

Legal Aid refuses to stand for Abahlali baseWyebank in Court

By Sthembiso Shozi

On the 8th of August the community of Wyebank shack dwellers will go against the eThekwini municipality in the Durban High court with no legal representation concerning an eviction case.

Abahlali baseWyebank who have lived in the area for more than 15 years received an eviction order on the 3rd of July from the court, lodged by the eThekwini municipality.

According to the Municipality the Wyebank shack inhabitants are occupying a land that belongs to the municipality. The same land that is said to be claimed by other numerous undisclosed owners. This then led to Legal Aid refusing to support this community. Their reply was they are busy, caught up with other cases. Continue reading

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Freedom is Not Real if People Don’t Feel Free

Update: A shorter version of this article has been published in the Sunday Tribune and the Daily Maverick.

Freedom is Not Real if People Don't Feel Free

Lindela 'Mashumi' Figlan*

How can you declare from above that people are free from while they themselves talk from below of feeling unfree?

It is true that freedom comes with so many responsibilities. There are responsibilities from above and from below. Freedom is not just about expressing yourself as happy or not happy. There is no real freedom without justice, equality and democracy. Justice, equality and democracy require that people respect each other's dignity and that society is organised around people's dignity. If we were really free every citizen would feel part and parcel of a country that respected their dignity. They would experience this dignity at work, at home and in all the discussions about the future of each community and the country. They would be able to organise and to express their views in safety. Continue reading

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All Charges against the KwaNdengezi Eight Dropped

July 29, 2013
Abahlali baKwaNdengezi Press Statement

All Charges against the KwaNdengezi Eight Dropped

The KwaNdengezi Eight were amongst the eleven comrades arrested on 19 May this year after a protest against their Councillor, the notorious Nqola (Mduduzi Ngcobo). Charges against some comrades were dropped some time ago and on Friday, 26 July 2013, all charges were withdrawn against the remaining eight comrades in the Pinetown Magistrate’s Court on the grounds that the police had not been able to provide any evidence against the accused.

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Abahlali baseMjondolo Will Launch a New Branch in Cato Crest Tomorrow

 




Click here to see more photographs of the launch.

 

Saturday, 20 July 2013
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo Will Launch a New Branch in Cato Crest Tomorrow

We were planning to launch a new Abahlali baseMjondolo branch in Cato Crest on Sunday 30 June. But as everyone knows Nkululeko Gwala, an Abahlali baseMjondolo member, was assassinated on the 26th of June.

Since Gwala’s assassination our members have been subject to serious intimidation, including open death threats and threats to wipe their jobs, from ANC leaders in the area. A number of our members have had to go underground.

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SACSIS: The Antinomies of Democracy in Durban

http://www.sacsis.org.za/site/article/1721

The Antinomies of Democracy in Durban

by Richard Pithouse

In the last days of June, Nkululeko Gwala was assassinated in Cato Crest – a shack settlement in Durban that is in the process of being upgraded with formal housing. Just over three months ago Thembinkosi Qumbelo was gunned down in the same streets. Both men had been prominent figures in the increasingly bitter struggles around housing that have convulsed Cato Crest in recent months. There have been road blockades, a land occupation – named, as they often are these days, ‘Marikana' – and the offices of two councillors have been burnt down.

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Isolezwe: Bachitha eyokuba mdibi nekaMalema

On Sunday Isolezwe ran an article claiming that Abahlali baseMjondolo was going to join Julius Malema’s new party. This is not true at all – in fact Abahlali baseMjondolo were not approached to confirm or deny this story. Today’s paper carries an article explaining that Abahlali baseMjondolo has never had any plans to join Malema’s party and will not be joining Malema’s party.

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Once again Abahlali baseSiyanda March to Demand Land and Housing in Durban

 

 




 


Click here to see more photographs of this protest.

 

11 July 2013
Abahlali baseMjondolo Press Statement

Once again Abahlali baseSiyanda March to Demand Land and Housing in Durban

Tomorrow Abahlali baseMjondolo Siyanda Branch will be protesting about all the beating about bushes on their long promised housing in Siyanda.

The Khulula Housing Project was meant for them but due to corruption they were excluded from the project.. It became very difficult when Linda Masinga and Associates were tasked to forcefully remove some residents to transit camps in Richmond Farm in 2009. Everybody knows that there was a blatant corruption in this housing project. The provincial government had acknowledged this and sent its delegation to investigate this in 2009. A Task Team comprised of Abahlali delegates, eThekwini Municipal Officials and KZN provincial officials was set up. A clear promise was made that those marginalized would be housed with the current financial here. But today we are told that eThekwini Road Authority is the only unity in the city that is opposed to our housing project. They say that the land is reserved for unknown future road expansion in case they need it. This is very disappointing because the Department of Human Settlements is willing to go ahead with the housing project as it was negotiated.

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Statement on Last Night’s Road Blockade by Kennedy Road Residents

9 July 2013
Abahlali baseKennedy Press Statement

Statement on Last Night’s Road Blockade by Kennedy Road Residents

Last night, and again this morning, hundreds of us blocked road around the Kennedy Road shack settlement with burning tyres. There is still a heavy police presence in the settlement.

The reason for these road blockades is that Mayor James Nxumalo failed to keep his promise to meet with us. On the 25 of May this year we organised a major road blockade. More than 500 people held the road. At that road blockade we handed over a memorandum of demands which included (1) that the upgrade of Kennedy Road and the provision of housing at Cornubia for everyone that that cannot be accommodated in the Kennedy Road upgrade that was negotiated with Mayor Mlaba’s administration be implemented; (2) that formal electricity be provided to the settlement and (3) that Nigel Gumede be immediately dismissed from his post.

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Daily News: Emotions bared as Gwala buried

http://www.iol.co.za/dailynews/news/emotions-bared-as-gwala-buried-1.1541885#.UdWEFPkwfUU

Emotions bared as Gwala buried

by Nkululeko Nene

It was as in life, so in death for murdered Cato Crest housing activist Nkululeko Gwala, whose funeral on Wednesday was marked by strong emotions and politically charged words.

 

 




Nkululeko Gwala's Funeral – 4 July 2013


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Upgrading Informal Settlements in South Africa – Abahlali baseMjondolo supports a Participatory and Democratic Approach

2 July 2013
Presentation to the Department of Human Settlements National Meeting on the Upgrading of Informal Settlements, Cape Town

Upgrading Informal Settlements in South Africa – Abahlali baseMjondolo supports a Participatory and Democratic Approach

by S'bu Zikode

Apartheid denied most of our people an equal place in the cities. It denied most of our people decent housing. The restoration of the dignity of our people requires that we build democratic and inclusive cities in which there is decent housing for all.

The Promise

The Freedom of Charter of 1955 declared that “All people shall have the right to live where they choose, be decently housed, and to bring up their families in comfort and security.” When the ANC was unbanned in 1990 their posters said “Occupy the Cities!”. When the election came in 1994 we were promised houses. The new Constitution of 1996 insists that “Everyone has the right to have access to adequate housing” and makes evictions without an order of the court illegal.

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Memorial Service for Nkululeko Gwala

29 June 2013
Abahlali baseMjondolo Press Statement

Memorial Service for Nkululeko Gwala

On Wednesday 26 June 2013 at around 21:30pm, Nkululeko Gwala, an Abahlali baseMjondolo member and a well-known and respected housing activist, was assassinated in Cato Crest. Twelve shots were fired at him and he died on the spot. He was the second housing activist to be killed in Cato Crest this year.

Abahlali baseMjondolo will be holding a Memorial Service for Nkululeko Gwala tomorrow, Sunday 30 June 2013. The service will take place at the Cato Crest Sports Ground in Mayville from 09:00am to 12:00pm. There is a strong feeling of fear in the area but we are still are expecting at least 500 shack dwellers from around Mayville and surrounding areas to attend the memorial.

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Nkululeko Gwala Murdered in Cato Crest

27 June 2013
Abahlali baseMjondolo Press Statement

Nkululeko Gwala Murdered in Cato Crest

uNkululeko Gwala

Last night Nkululeko Gwala, an Abahlali baseMjondolo member, and a well known and respected housing activist, was murdered in Cato Crest. Twelve shots were fired. The style of this assassination is very similar to the assassination of Thembinkosi Qumbelo, also a well known housing activist (but not an AbM member) who was killed in the same area on the 15th of March this year. There are also strong similarities to the attack on our movement in Kennedy Road in 2009.

 

 

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New Abahlali baseMjondolo Branch Launched in the Kennedy Road Settlement Last Night

Friday, 21 June 2013
Abahlali baseMjondolo press statement

New Abahlali baseMjondolo Branch Launched in the Kennedy Road Settlement Last Night

At 18:00 p.m. last night, 20 June 2013, the Abahlali leadership successfully launched the new Kennedy Abahlali baseMjondolo branch. The Kennedy Road Community Hall was fully packed with Abahlali baseMjondolo members and friends.

 

 




 

 

During the launching the Abahlali Executive Committee took the opportunity to officially hand over the famous Abahlali Cup that was won by the Kennedy Road Soccer Team on the 17 June during the Abahlali Soccer Tournament. This event was enjoyed by many young people who danced as DJ Khanyile was playing music.

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AbM Youth League: Building Tomorrow’s Leaders Today

14 June 2013
Abahlali BaseMjondolo Movement Youth League Press Statement

AbM Youth League: Building Tomorrow's Leaders Today

On June 16 South Africa will be commemorating the youth of 1976 who lost their lives in Soweto struggling for Justice, Freedom and Democracy. Today's youth will be told to obey today's leaders in order that we should show proper respect to those who lost their lives in 1976. But the reality is that what the youth of 1976 struggled for has not not been implemented as they have wished.

The beauty of Freedom and Democracy was supposed to be everyone. Today it is for the rich. Rich people are getting the multi-racial education and the poor still have the third-rate education which back then was known as Bantu Education. Rich people get jobs. They have cars. They have nice houses. They can get married and move on with their lives. They are safe. This is Freedom to them. The poor have to survive as we can. We go in circles and not forward. We live in shacks. We live in shit and fire. We are evicted. We have no safe and easy transport. The police treat us as criminals. They beat us if we try to organise. If you are young and poor you are treated as a threat to society and not as the future of society. Hector Peterson, Chris Hani, Steve Biko and other comrades who died for our Freedom and Democracy did not die for this. We do not respect their sacrifice by accepting that this is Freedom.

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Mnikelo Ndabankulu – M&G 200 Young South Africans

http://ysa2013.mg.co.za/mnikelo-ndabankulu/

Mnikelo Ndabankulu

 

 




 

 

Mnikelo Ndabankulu is one of 12-million South Africans who “abahlali baseMjondolo” (“live in shack dwellings”), which often lack electricity, sanitation and refuse collection. In 2004 Ndabankulu migrated from the Eastern Cape to Durban in pursuit of a better life. Appalled by the squalor to which South Africa’s urban poor have been relegated, he cofounded the now national Abahlali baseMjondolo Movement (AbM).

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Building Hope & Defending Dignity in the Rural Areas

Colloquium on Rural Development in KwaZulu-Natal
13-14 June 2013

Building Hope & Defending Dignity in the Rural Areas

S'bu Zikode, Abahlali baseMjondolo

Some politicians have spoken about migration from rural areas to cities as if it is a criminal matter. Others have said that people from the Eastern Cape are undermining development by coming to Durban and Cape Town. It has even been said that migration to the cities is a matter that must be investigated by the intelligence services as if it is part of some big conspiracy.

The position of our movement is that South Africa belongs to all who live in it and so we all have the same right to move to any part of the country. If a young person from Babanango or Flagstaff wants to move to Durban because she wants to live in the city that is her right and it is a right that we will defend.

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“We are all Turkish democrats”: A Statement of Solidarity with the Turkish Struggle

10 June 2013
Abahlali baseMjondolo Movement SA Press Statement

“We are all Turkish democrats”: A Statement of Solidarity with the Turkish Struggle

Abahlali baseMjondolo is a democratic, membership based movement of shack dwellers and other poor people in South Africa. In 2005 our experience of suffering and injustice led us to decided to organize ourselves and to represent ourselves. We are struggling for land and housing as a vital step towards the restoration of our dignity and the recognition of our equality. We have been severely punished by those who want to keep us in our place and we have faced serious repression.

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The Power of Organizing the Urban Poor to Advance Tenure Security

Monday, 27 May 2013

The Power of Organizing the Urban Poor to Advance Tenure Security

Presentation by S'bu Zikode at the Regional Consultation on Security of Tenure called by UN Special Rapporteur on Adequate Housing, Raquel Rolnik, in Johannesburg.

It is always a pleasure to write and speak on the organising strategies and tactics of Abahlali baseMjondolo. I wish to take this opportunity to thank SERI and the Ford Foundation for including our movement in this special consultation. More importantly I wish to thank the UN Special Rapporteur on adequate housing, Raquel Rolnik, for calling this meeting. We had a very good relationship with the previous Rapporteur, Miloon Kothari, who we hosted in the Kennedy Road shack settlement in Durban in 2007. We are happy to welcome Raquel Rolnik to South Africa. When we formed our movement in 2005 we made it very clear that talking about us was not the same as talking to us and that we were determined to take our place in all discussions about our lives and futures. We are a democratic membership based organisation and we can take our place in a discussion like this in confidence that we represent our members rather than donors, projects or narrow political agendas.

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Eleven Abahlali Members Arrested in KwaNdengezi; Nqola Assaults Activist

Update: The nine comrades were released on bail of R500 each. They will appear in court again on 7 June 2014.

Sunday, 19 May 2013
Abahlali baseMjondolo Press Statement

Eleven Abahlali Members Arrested in KwaNdengezi; Nqola Assaults Activist

The Abahlali baseMjondolo KwaNdengezi branch have vowed to challenge the authoritarian rule of the KwaNdengezi councillor Mduduzi Christian Ngcobo who is known as Ngola.

Nqola continues to plan housing development in the area and to construct, employ and allocate housing on his own without involving the community in any decision making. He continues to intimidate and assault activists in the community. He continues to give houses to the people that are not from the community. In all of these actions he claim that he has the full support of the eThekwini municipality.

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By the time you read this, our homes may have already been demolished

Update: The Anti-Land Invasion Unit and Law Enforcement of the City of Cape Town arrived once again this morning the 17th of May. They destroyed our homes again. As usual, no court order, no checking to see if the homes are occupied and lived in, no mercy. Actions were clearly illegal, immoral and just plain cruel. There have been three arrests. Residents also say that they saw one of the community members being tortured in one of the police Nyalas. Siphiwo – 0836842828, Nosibusiso – 0736128044, Masibu – 0603147788

 

 





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“They destroyed homes, not structures”: Protest at Parliament Today

9 May 2013
Abahlali baseMjondolo eMarikana Press Statement

"They destroyed homes, not structures": Protest at Parliament Today

We, as the residents of Marikana, will picket outside Parliament today to show the government that the shacks they destroyed were not unfinished or empty structures, they were our homes that we lived in, that we ate in, that we slept in.

 



Unathorised March on Parliament – 9 May 2013

 

We come as Abahlali, as residents of Marikana, and as shackdwellers who are are being oppressed by government. We do not come as supporters of any political party.

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All that Glitters is not Gold

9 May 2013

All that Glitters is not Gold

By an employee of the Tsogo Sun (Garden Court-Marine Parade)

Our sweat and all our hope that Labour Brokers will one day be banned from this democracy has vanished. We have all supported COSATU and millions of South Africans who have made this call to put an end to the Labour Brokers so as to save our exploited brother and sisters. People working under Labour Brokers are suffering incredible exploitation. We have no sense of security in the world. We are disrespected and humiliated every day.

We are employed by Progress CC in the Tsogo Sun formerly known as the Garden Court Holiday-Inn in Marine Parade on Durban’s beach front. Many of us have worked for more than seven, eight, nine and ten years without being registered with the Department of Labour or any Bargaining Council. There are more than fifty employees but only less than five are employed permanently. Here there is a constant employment as constant firing is an order of the day. We earn R6 per room and are not paid per hour. There is no starting time and therefore no finishing time. We have to work overtime all the time but we are never paid for this time. There is no tea break or lunch hour. It is therefore taken as a crime to eat any time when you are hungry. We are not allowed to eat company food as this constitutes a dismissible crime.

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Sleeping in the rain: even snakes treat us with more respect than the City of Cape Town

Abahlali baseMarikana Press Statement
4 May 2013

Sleeping in the rain: even snakes treat us with more respect than the City of Cape Town

As the homeless residents of Marikana, we are here because we do not have anywhere else to go. We are also now jobless which means we cannot afford to pay rent to live in someone's backyard. We always vote for this government but they always treat us like dogs in our own country. The government sends the Anti-Land Invasions Unit, Law Enforcement and SAPS to demolish our houses. They did this on Sunday, Tuesday, Wednesday, Thursday and again on Friday the 3rd of May.

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ENCA: Shack dwellers ready to die for ‘Marikana’ land in Cape Town (Television News Report)

For an explanation of why the evictions shown in this television news reports were illegal please see this article at the Daily Maverick.

“This is Marikana because we believe people will die here for this land,” says shack dweller Simphiwe Winston, before hurriedly returning to build his home for the third time in just three days.

The race is on for Winston, who, along with about 100 other people, including women and children, are hurriedly trying to rebuild their shacks before law enforcement officers return to once again destroy them.

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Police shooting at Marikana Land Occupation

Police shooting at Marikana Land Occupation

Police are now shooting at the Marikana community while we have marched to Philippi East SAPS to secure the release of our arrested comrade. We are in front of Beautiful Gate on Stock Road. Friends and media are urged to rush to the scene.

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AbM-WC Press Statement
17h00 on 30 April 2013

Earlier today we sent out notice that the City's Anti-Land Invasions Unit, Law Enforcement and SAPS had arrived again at Marikana shack settlement to destroy our homes. This was the third time they destroyed our community.

This time they came with a few more police vehicles than on Sunday. People protested the police but were peaceful and restrained. Police proceeded to destroy all but a couple of our homes. Luckily, this time, no one was hurt or beaten by Law Enforcement. But, once again, they purposely broke people's belongings: beds, cupboards, stoves, etc. The City of Cape Town must be held liable for the illegal destruction of our property.

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Isolezwe: Bafuna ashenxe esikhundleni uGumede

 

 




 

 

Abahlali Want Gumede Out

The article describes how the he campaign to have Gumede fired by the Mayor James Nxumalo is gaining momentum. It quotes AbM saying that Gumedes failure to provide leadership and deal with corruption, to provide open no housing lists etc demonstrate his lack of required leadership in Human settlement. It also says that as we speak in KwaNdengezi, Uganda and Isipingo houses are being sold. It also touches on the recent AbM victory in court and the question of police brutality.

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Marikana: A New Land Occupation Founded on UnFreedom Day 2013

 

 




Shacks Demolished at the Marikana Land Occupation

 

 

Update: 29 April 2013 10:18 p.m After massive pressure from comrades at the police station the police agreed to release the two arrested comrades at around 9:00 p.m.. At the same time shacks were rebuilt on the newly occupied land.

Update: 29 April 2013 4:18 p.m Two hundred comrades have barricaded the police station. Others are defending the occupation and rebuilding. The Police Commissioner has said that they are being used by the third force.

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UnFreedom Day in Durban

 

 




UnFeeedom Day 2013 in Durban

 

 

Click here to see the Isolezwe article on UnFreedom Day and here to see the report on ENCA.

Friday 26 April , 2013
Abahlali baseMjondolo Movement SA Press Statement

UnFreedom Day in Durban

Abahlali baseMjondolo Movement SA, a democratic and membership based organization, has held its UnFreedom Day event in Durban every year since 2006. This year UnFreedom Day will be held in Durban and in Cape Town.

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UnFreedom Day in Cape Town

 

 




UnFreedom Day 2013 in Cape Town

 

 

Wednesday, April 24, 2013
Abahlali baseMjondolo of the Western Cape Press Statement

UnFreedom Day in Cape Town

Abahlali baseMjondolo Movement SA, a democratic and membership based organization, has held its UnFreedom Day event in Durban every year since 2006. This year UnFreedom Day will be held in Cape Town for the first time. UnFreedom Day will be mourned at the Sweet Home Farm Community Hall in Philippi, on 27 April 2013. The event will begin at 09:00 in the morning.

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Minister of Police to pay damages to Abahlali members for police brutality

MEDIA STATEMENT
22 April 2013
Issued by:

Abahlali baseMjondolo
Socio-Economic Rights Institute of South Africa (SERI)

Minister of Police to pay damages to Abahlali members for police brutality

Police ministry agrees to pay damages after police brutality against Abahlali baseMjondolo members in 2006

Today, the Durban High Court ordered the Minister of Police to pay a total of R165 000 in damages to two members of shackdwellers’ movement Abahlali baseMjondolo – Sbu Zikode and Philani Zungu – and one resident of the Kennedy Road informal settlement. The order, made by agreement, comes after officers from Sydenham Police Station illegally arrested and assaulted Zungu while he and Zikode were travelling to a radio debate with the then KwaZulu-Natal MEC for Housing, Mike Mabuyakhulu, in September 2006. Other officers from Sydenham Police Station then illegally shot a woman at the Kennedy Road informal settlement. The woman was part of a crowd which had gathered to demonstrate against the arrest of Zikode and Zungu.

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Abahlali baseMjondolo case against the Minister of Police Returns to the Durban High Court on Monday, 22 April 2013

20 April 2012
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo case against the Minister of Police Returns to the Durban High Court on Monday, 22 April 2013

On the 12th of September 2006 S'bu Zikode and Philani Zungu, then the
chairperson and deputy chairperson of Abahlali baseMjondolo, were arrested on
their way to a radio interview and subject to severe assault in the Sydenham
Police Station. When people in the nearby Kennedy Road shack settlement
rallied in support of Zikode and Zungu they were attacked by the police and
Nondumiso Mke was shot in her knee with live ammunition. The arrest and

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The suspect in the KwaNdengezi bush knife murders and Ward 12 Cllr Nqola Ngcobo return to Court

17 April 2013
Abahlali baseMjondolo Movement Press statement

The suspect in the KwaNdengezi bush knife murders and Ward 12 Cllr Nqola Ngcobo return to Court

Abahlali bakwaNdengezi with the support of Abahlali baseMjondolo in general will be going to the Pinetown Magistrate’s Court today.

We will be protesting at the bail application of the accused in the KwaNdengezi bush knife murders. We will demand that bail be denied in the interests of the safety of the community and that there be a thorough investigation into these murders that looks closely at the motive for the killing. It will be remembered that last time the magistrate had ordered that the suspect‘s state of mind be examined by relevant doctors. The suspect had killed two comrades in one Abahlali family and then ran to another Abahlali family where he assaulted Mr Shozi. This was in a community where Abahlali members have been under serious intimidation, including threats of violence, for some time.

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Murder in KwaNdengezi

Abahlali baseMjondolo Press Statement
30 March 2013

Murder in KwaNdengezi

On Good Friday those of us who are Christians remember the murder of Jesus Christ who spurned the rich and walked with the poor. We never forget that Jesus Christ was murdered by the state for the crime of taking the side of the poor.

This year Good Friday in KwaNdengezi was marked with the blood, terror and grief of the poor.

At around 22:00pm on Thursday night Dumisane Mdletshe, a 31 year old man whose family live in KwaNdengezi although he no longer lives there, went to the home of a well known, well respected and brave AbM leader in KwaNdengezi. He kicked open the door and entered the home. He had a bush knife. He attacked her grandmother and her uncle and killed them both. They were both AbM members. He then asked for the AbM leader who had escaped in the dark. We are not giving her name until we have secured a safe house for her.

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Anti Wonga, Crime and Rape Protest in KwaMashu on 21 March 2013

20 March 2013
Abahlali baseMjondolo Youth League Press Statement

Anti Wonga, Crime and Rape Protest in KwaMashu on 21 March 2013

As tomorrow is Human Rights Day the Abahlali baseMjondolo Youth League will be holding a protest on some of the issues that are concerning the youth.

 



The March Went Off Very Well – The Threatened Counter March by the Councillor Fizzled Out

 

Our protest will raise awareness and concern about the use of the drug called wonga that many of the young people had been involved into. This drug is a killer to our young people who are our treasure. We as the movement regard our young lions to be the future of our country. The most difficult thing is that once people crave this drug they committee crime like stealing things and sell them to get this drug. Once they consume this drug some people also commit other crimes like rape.

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Nigel Gumede Must Go

19 March 2013
Abahlali baseMjondolo Press Statement

Nigel Gumede Must Go

Everyone knows how serious the land and housing crisis is in Durban. According to the eThekwini Municipality there are more than 400 000 shack dwellers waiting for houses in the city. There are also 11 000 families rotting in transit camps. But the city is failing to build enough houses for the people. The Sunday Tribune reported that they only built 1 268 houses in the last financial year. And these houses are more like dog kennels than homes. Every year money from the housing budget is returned unspent. And after the scandals around the Manase report, Nqola and S'bu and Shauwn Mpisane everyone knows how bad the corruption is. Many people have been killed in struggles over housing. Cato Crest is just one example. We have also seen people being killed in places like KwaNdengezi and Uganda. Calls, letters and marches to the housing department go ignored. Court orders are also ignored. We have called for a public citywide list for the people in need of housing so that there could be transparency in the housing allocation. But the politicians refuse this idea so they can corrupt, monopolize and politicise housing delivery.

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The Dignity of the Poor is Vandalized from Many Quarters

http://hir.harvard.edu/blog/visitor/the-dignity-of-the-poor-is-vandalized-from-many-quarters

The Dignity of the Poor is Vandalized from Many Quarters

by Abahlali baseMjondolo (KwaZulu-Natal), Rural Network (KwaZulu-Natal) & the Unemployed People's Movement (Eastern Cape, Free State & KwaZulu-Natal)

When black people rose up against apartheid, the government usually said that they couldn’t have organized themselves and that there must have been a white person making them resist. Some thought that only whites were capable of thinking, speaking, and acting for themselves. But it was not only the government that looked for conspiracies every time black people organized themselves. This also happened within the movement.

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Victory for KwaNdengezi

14 March 2013
Abahlali BaseMjondolo Press Statement

Victory for KwaNdengezi

Three comrades from KwaNdengezi had all charges against them withdrawn in the Pinetown Magistrate’s Court yesterday. Their arrest followed a protest against the alleged selling of RDP houses by Nqola, the Ward 12 councillor. Four comrades were arrested to shield Nqola’s corrupt allocation of houses and his attempts to intimidate comrades organising in the area. Mandla Hlophe, one of the four, had all charges against him dropped on the 28 February 2013, by the same court. The three comrades who had all charges against them withdrawn yesterday are Cde Ephrame Hlongwane, Cde Mndeni Nene and Cde Cindy Mabaso.

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Letter to the Head of Community Participation in the eThekwini Municipality on International Women’s Day

8 March 2013
Women’s League Press Statement
(See letter to the Municipality attached)

Letter to the Head of Community Participation in the eThekwini Municipality on International Women's Day

Today’s is the International Women Rights day, dedicated to affirming and demanding rights for woman around the world; we as the Abahlali BaseMjondolo Women's League do the same. It is nice that we have these rights on paper but it remains a shame in our country that such important rights are not respected and are routinely violated. It is disappointing that we as women have such rights, but are still abused by the government are forced to live without basic services like water, electricity and access to housing. Moreover, women and children being sexually and physically abused everyday.

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Protocols are a waste of time for the poor; Appointments are delaying tactics while we suffer

6 March 2013
Woman’s League Press Statement

Abahlali baseMjondolo Women's League Marched into the Durban City Hall Today

Protocols are a waste of time for the poor; Appointments are delaying tactics while we suffer.

On Saturday 2 March 2013, Abahlali baseMjondolo Woman’s League had its General Meeting. The KwaNdengezi branch was present and shared their painful story of living under constant threat from their Ward 12 councillor and that they are not even sleeping in their own homes due to threats.

 




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Thandiswa Qubuda has Died

1 March 2013
Unemployed People’s Movement Press Statement

Thandiswa Qubuda has Died

Dark clouds are not strangers in our patriarchal society. They are gaining momentum. On Thursday night, 28 February 2013, Thandiswa Qubuda passed from this world. She had spent six weeks in hospital, brain dead, after she was savagely raped and beaten.

We ask ourselves why her story, such a painful story, is not getting media coverage and creating an uproar. The lives of poor people count for nothing in this country. There is no democracy for us.

After Andries Tatane, Marikana and now Mido Macia the whole world knows that we are oppressed by a police force every bit as savage as the police force under apartheid. But the evil is not only in the state. It is amongst us too. This is the truth that we must face. Our struggle to build a society in which every person counts is with ourselves as well as with the state and the capitalists.

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Launch of the Sweet Home Farm Abahlali baseMjondolo Branch

28 February 2013
Abahlali baseMjondolo Press Statement

Launch of the Sweet Home Farm Abahlali baseMjondolo Branch

The Sweet Home Farm community will be launching its branch under the banner of Abahlali baseMjondolo Movement South Africa, this coming weekend on the 2013-03-02 @ 11:00 in their Local Community Hall next to St. Barnabas Anglican Church. One should remember that, this is a membership based organization struggling for the restoration of human dignity of the majority of poor South Africans. Sweet Home Farm is situated in ward (80) eighty, Philippi in Cape Town, a place where people live in shacks .

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All Charges Against One of the KwaNdengezi Four Dropped

Thursday, 28 February 2013
Abahlali baseMjondolo Press statement

All Charges Against One of the KwaNdengezi Four Dropped

All charges against Mandla Hlope were withdrawn in the Pinetown Magistrate’s ‘’C” Court this morning.

Hlope is one of the KwaNdengezi Four arrested on the 28th of January following protests against corruption and intimidation in the area. Residents of the area have accused the local councilor, Mduduzi Christian (Nqola) Ngcobo, of corruption and intimidation. Ngcobo ordered the police to arrest the four. Hlope was charged with public violence and assault.

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It is Time for Real Action Against Rape

Wednesday, 27 February 2013
Unemployed People’s Movement Press Statement

It is Time for Real Action Against Rape

Thandiswa Qubuda was gang raped in the early hours of the 20th January 2013 at the corner of New Town and E Street in Grahamstown. She is 30 years old and the only one surviving in the family. Both her both parents have died and she was living with her aunt.

She was savagely beaten during the rape and is now permanently brain damaged and lying in hospital. Today at 12 noon the Revered Mzi Dyantyi, family members and the Unemployed People's Movement held a prayer and anointment in her ward.

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Housing ‘Delivery’ in Durban is Corrupt from the Top to the Bottom

Uganda Transit Camp, Durban: A report from the frontlines of the struggle for democracy

http://www.dailymaverick.co.za/article/2013-02-13-uganda-transit-camp-durban-a-report-from-the-frontlines-of-the-struggle-for-democracy/

Just two decades after the dawn of democracy, an old horror is revisiting the new South Africa. Transit camps are back, and they are back with a vengeance, writes JARED SACKS.

Close to midnight and you can still hear babies wailing, couples quarrelling and house music blaring through the razor-thin zinc sheets that the eThekwini Municipality calls “walls” in Uganda Transit Camp near Isipingo, Durban. Getting a decent night’s sleep is a struggle in and of itself. And yet, that’s only the beginning.

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Non-Elective Annual General Meeting

1 February 2013
Abahlali baseMjondolo press statement

Abhalali baseMjondolo Non-Elective Annual General Meeting

Abahlali baseMjondolo Movement SA will be holding its Annual General Meeting tomorrow at the St. Paul's Church (Rubin Hall) in central Durban. The meeting will begin at 10:00pm tomorrow and finish after 2:00pm. The elective AGM will be held in October this year.

All branches and affiliated settlements in good standing have been invited to elect and mandate representatives to attend this meeting. Those representatives will then report back to the next meetings of their branches and affiliated settlements.

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Update from the Pinetown Magistrate’s Court

29 January 2013
Abahlali baseMjondolo press statement

Update from the Pinetown Magistrate's Court

Abahlali baseMjondolo were at the Pinetown magistrate's court today in our numbers where one of the four comrades from KwaNdengezi appeared on one charge of assault. Comrade Mandla Hlophe was released on warning. His matter has been adjourned for the 19th of February 2013.

 

 

 


 

 



At the Pinetown Magistrate's Court, 29 January 2013

 

 

 

The other three comrades were not brought to court on the ground that more charges are still to be laid on to them. Right now we are told that at least four charges are laid against each one of them: public violence, damage to property, assault with gross bodily harm (GBH) and robbery. We have no doubt that all these charges have been fabricated and that this will become clear if this matter ever goes to trial.

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Four Arrests in KwaNdengezi

Abahlali baseMjondolo Press Statement
29 January 2013

Four Arrests in KwaNdengezi

During a protest on Sunday 27 January 2013 people of KwaNdengezi were threatened at gunpoint by an MK Veteran who is one of those who allegedly bought the corrupted RDP houses of the people of KwaNgendengezi. We opened a case of intimidation against this man but it was never investigated and he is still not arrested for that.

Yesterday at around 03:00 p.m.the same MK Veteran and the councillor of the area, Mduduzi Ngcobo, came with the police and pointed out which protesters they wanted the police to arrest. This is how it usually works – the councillors tell the police who to arrest.

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Protesters Threatened in KwaNdengezi

27 January 2013
Abahlali baseMjondolo Press statement

Protesters Threatened in KwaNdengezi

Abahlali KwaNdengezi are currently engaging in a protest against corrupt and authoritarian development. Abahlali KwaNdengezi have had no choice but to defend their homes, their graves, their culture and of course their dignity against the eThekwini Municipality’s failed housing project in their area. They are currently protesting against a corrupt housing project that is being imposed on people from above without consultation or respect. Once again we see that failing political leadership creates hatred and violence in our communities.

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Residents in Joe Slovo and Langa TRA continue to be sidelined by corruption

Abahlali kwaLanga TRA Press Statement
19 January 2013

Residents in Joe Slovo and Langa TRA continue to be sidelined by corruption

We as Abahlali baseMjondolo (ABM) are not satisfied by the way the government treats our communities. The worst part is that those who are richer do not feel ashamed to steal from the poor. We have been crying to our government, but we have been ignored.

The only thing we are fed by these people we are looking up to is lies. In the Langa TRA’s, ever since the Housing Development Agency (HDA) took over, corruption has increased. People have been robbed of their houses. They have been told to sign in order to get their housing but nothing came up. Later they were told the houses they had signed for were not theirs. These families now are stranded. They are being kept by their extended families.

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Abahlali with QQ Section residents are circumventing politics and delivering aid directly to BM fire victims

Abahlali baseMjondolo of the Western Cape – QQ Section Branch

Abahlali with QQ Section residents are circumventing politics and delivering aid directly to BM fire victims

On Saturday, the 12th of January, residents of QQ Section will be handing out used doors, mattresses, food, new school uniforms and other items to the victims of the recent BM Section fire.

We have been able to acquire these items through our own means. However, most of the aid that is meant to go to the victims of the fire, is being given out by Disaster Management (associated with the DA) or by SANCO and various NGOs (associated with the ANC). The aid is being politicised and the political parties are using the aid for their own electioneering benefit. Often, the aid is not even going to those who need it most.

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From South Africa to Baltimore

On October 11, 2012, United Workers, the Public Justice Center, Baltimore Occupy Our Homes, and the Baltimore Right to Housing Alliance hosted a screening in Baltimore of the new documentary "Dear Mandela." The film tells the story of Abahlali baseMjondolo, South Africa's shack dweller's movement, and their fight for their homes, challenging state evictions on the streets and in the courts.

After the screening, two members of Abahlali baseMjond

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Government policies are behind the shack-fire epidemic in Cape Town

Abahlali baseMjondolo Western Cape
1 January 2012

Government policies are behind the shack-fire epidemic in Cape Town

As residents of QQ Section shack settlement and members of the movement Abahlali baseMjondolo, we would like to say that we are not happy about what happened early this morning across the street from QQ Section.

A massive shack-fire, which started at around 4am, swept through almost the entire shack settlement of BM Section leaving thousands homeless and at least three (but possibly as much as six) people dead. We have a few Abahlali members in the settlement and, as residents of QQ Section, we also have a large number of friends and family who also were affected by the fire. We therefore remain in living solidarity with all those affect by the fire in BM section and other shack fires in WD Section and in Du Noon.

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Devastating Fire Rips Through the Palmiet Settlement

25 December 2012
Abahlali baseMjondolo Press Statement

At around 23:00 last night a fire ripped through the Palmiet Road shack settlement in Durban. 85 houses burnt down, around 150 people have been displaced. 2 people were badly burnt and another was injured as she fell while running from the fire.

Shack fires are no accident. They are political – a direct result of the contempt with which poor people are treated in this society.

For comment please contact:

Mnikelo Ndabankulu: 081 309 5485
Ntombemhlophe Zothwa: 083 218 1934

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Shack Fire in the Kennedy Road Settlement

Sunday 23rd December 2013
Abahlali baseMjondolo Press Statement

Shack Fire in the Kennedy Road Settlement

At around 4am a fire hit the eShishunqa section of the Kennedy Road settlement in Clare Estate in Durban. Around twenty shacks were gutted. There have not been any reports of injury or death.

One of the people whose home was destroyed was planning to return to her rural home tomorow and lost all the food and money for stokvel.

Shack fires are not just accidents or natural disasters. They are a result of the way in which we are forced to live. Our movement has been struggling since 2005 for shack fires to be recognised as a political crisis resulting from the contempt with which poor people are treated in this society. This struggle continues. Everytime there is a fire the police and munucipality issue statements blaming the fire on alcohol or what they call "illegal electricity connections". They say these things without making any attempt to find out the real cause of fires. The most common cause of fires is in fact candles. For this reason our struggle against the fires has always included a struggle for the immediate electrification of all shack settlements. When we started our struggle the eThekwini Municipality refused to electrify shack settlements and sent out armed men to disconnect people who connected themselves. As a result of our struggle this inhumane policy has being overturned and a start has been made with electrifying shack settlements in Durban. However the process is too slow and like everything else in this municipality it is being channelled through the local structures of the ruling party rather than being developed as a universal right for all residents.

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Protest at Government Failure to Assist Shack Dwellers After the Storm

1 December 2012
Abahlali baseMjondolo Press Statement

Protest at Government Failure to Assist Shack Dwellers After the Storm

The huge storm that hit Durban last night has left several communities reeling. People's homes have been flooded and some have been washed away.

As always shack dwellers we are more vulnerable to these disasters than most other people. For years we have been trying to engage the eThekwini Municipality around both their failure to take adequate measures to protect shack dwellers from disasters like fire and floods and to offer proper support to shack dwellers after disasters. But the municipality only gives its time for the people for political issues and not ever for issues of development.

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ANC Intimidation in Clare Estate this Morning

7 December 2012
Abahlali baseMjondolo Press Statement

March Gets Underway Despite ANC Intimidation in Clare Estate this Morning

From early this morning Ward 23 councillor Themba Mtshali went from shack settlement to shack settlement in Ward 23 intimidating people and warning them not to participate in today's march – which was been unlawfully banned by the local SAPS. Mtshali was accompanied by his BEC and his (always armed) bodyguards.

There was also a large police presence in the area. The police were heavily armed and had two water cannons. In light of the fact that it was the police that unlawfully banned the march and their history of violence against our movement – and their support of violence against us from the ruling party – their presence there may also have been a form of intimidation. We know that their work is often to protect the politicians – not the people or what's left of our democracy. However the marchers were able to assemble and to begin the march. The police did not try to disperse them so it seems that they have backed down from their ban in face of the pressure. There is also a strong media presence. However ANC supporters have massed at the councillor's offices and are saying that they will block us from delivering our memorandum.

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Threats of Violence Against Tomorrow’s March

6 December 2012
Abahlali baseMjondolo Press Statement

Threats of Violence Against Tomorrow's March

Our movement often gets reliable information from within the ANC and government structures from people that are sympathetic to our movement and our struggle. Today we have been informed by a number of highly credible sources that the Ward 23 Councillor, Themba Mtshali, and the chairperson of the local BEC of the ANC, have been mobilising people to disrupt our march tomorrow. We have been told that they aim to prevent the march from going ahead and to use their own violence to justify the illegal ban on our march.

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Memorandum of Demands to the Premier of the Province of KwaZulu-Natal Dr. Zweli Mkhize and Cllr Themba Mtshali

Memorandum of Demands to the Premier of the Province of KwaZulu-Natal Dr. Zweli Mkhize and Cllr Themba Mtshali – Delivered by a March on the Offices of Themba Mtshali on Friday, 7 December 2012

We, the residents, men and women, of Ward 23 and members of the Abahlali baseMjondolo Movement SA in KwaZulu-Natal are democrats committed to the flourishing of this country. We speak for ourselves and direct our own struggle. We have been mobilized by our own suffering and our hope for a better future.

It is time to take seriously the fact that land is a serious problem in our country. It is time to take seriously that land was stolen from our ancestors and that this has impoverished us. It is time to take seriously that housing development in this city is a corrupt mess that does not just leave us without houses or services but has also terrorized our communities.

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SAPS Attempt to Illegally Ban Protest in Durban

Abahlali baseMjondolo Press Statement
5 December 2012

SAPS Attempt to Illegally Ban Protest in Durban

The Abahlali baseMjondolo branch in the Palmiet Road shack settlement in Clare Estate, Durban, has decided to march on the Ward 23 councillor, Themba Mtshali. They have been supported in this decision by all other Abahlali baseMjondolo branches in the ward.

Mtshali is one of the shack dwellers who became a councillor in the last local government elections as part of the ANC's strategy of trying to contain our movement – a strategy that has included serious repression and intimidation, attempts at co-option, channelling our victories through ANC structures and bringing non-AbM shack dwellers into positions of leadership in the local party structures. However like all other councillors Mtshali is remoted from above and is only an instrument for implementing top down decisions by the party and municipal structures. He does not engage people democratically. In fact it is impossible to even arrange a meeting with him. He has failed the people of Ward 23 and in particular he has failed the poor of Ward 23. Even though he was poor himself a few years ago he is now a councillor and so, as with all councillors, we are not worthy of respect in his eyes because we are poor.

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Abahlali baseMjondolo Takes the Minister of Police to Court to Account for Police Repression in Durban

4 December 2012
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo Takes the Minister of Police to Court to Account for Police Repression in Durban

On the 12th of September 2006 S'bu Zikode and Philani Zungu, then the chairperson and deputy chairperson of Abahlali baseMjondolo, were arrested on their way to a radio interview and subject to severe assault in the Sydenham Police Station. When people in the nearby Kennedy Road shack settlement rallied in support of Zikode and Zungu they were attacked by the police and Nondumiso Mke was shot in her knee with live ammunition. The arrest and assault from police at the hands of the police was highly politicised and followed intimidation from senior politicians that including a warning that the movement must stop its communication with the media. For background to this see the statement online at http://abahlali.org/node/72

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Breaking the Silence on Woman Abuse

Abahlali baseMjondolo Women’s League Press Statement
30 November 2012

Breaking the Silence on Woman Abuse

Each and every day is a challenge to women who are facing different kinds of abuse. It is often hard for them to speak out about it. Some of the women are abused by their boyfriends or husbands. Others are abused even within their families by their family members and because they are woman they feel that they must keep quiet about it. Women are also abused by landlords, government officials and politicians. Some rich women are also abused by the men in their communities but rich women are not abused by government officials and politicians. Being poor makes a person vulnerable to all kinds of abuses because poor people are not taken as people that count in this society. We are not taken as people with rights. In fact keeping some people poor is a kind of lifelong and day to day abuse too.

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New Branches & New Struggles in KwaNdengezi & Isipingo

27 November 2012
Abahlali baseMjondolo Press Statement

New Branches & New Struggles in KwaNdengezi & Isipingo

On Sunday the 18th of November 120 people, mainly women, participated in the launch of the new Abahlali baseMjondolo(AbM) branch in KwaNdengezi. On Sunday the 25th of November we launched another new AbM branch in the Uganda settlement in Isipingo. We currently have 64 branches, 55 in KwaZulu-Natal and 9 in the Western Cape.

 


Abahlali baseMjondolo Launch at KwaNdengezi

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The Politic of Human Dignity

The Politic of Human Dignity

presented by Lindela Figlan at the Anarchist Bookfair, London, 24 October 2012

The meaning of dignity is often misunderstood. Many people only think of dignity in relation to the economic status of those who are better off. This is understood to mean that a person with no money is taken as a person whose life and voice does not count and is therefore a person with no dignity. It is also understood that a person with money does count and is therefore a person with dignity. But no amount of money can buy dignity.

Money can buy many things. With money you can live in a house that will not be demolished without warning, that does not leak in the rain, that has water, toilets and electricity. With money you can even give your children their own rooms. With money you can buy your children education and know that if they fall sick or meet with an accident they well be well looked after.

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We Demand that the Manase Report be Released

We Demand that the Manase Report be Released

by Thinabantu Khanyile & Bandile Mdlalose

Everybody knows that in Durban housing development does not really operate to meet the needs of the people. In reality it has three main objectives. One is to remove the poor from the city to the human dumping grounds. The second is to make poor people dependent on the state and thereby the ruling party. The third is to enrich people that are loyal to the ruling party. Everybody knows that corruption is rampant in housing from the top to the bottom. Low-cost housing has made some people millionaires. Everybody also knows that housing and other services are going to party members. This, along with repression and co-option, is one of the main ways that the ruling party tries to break independent organiszation. For instance if there is a fire they often try to prevent people from rebuilding on their own and then replace the people’s shacks with government shacks (amatins) which are only given to party members.

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Land is at the Heart of our Struggle

Land is at the Heart of our Struggle

Yes I have to be bold and proud to be a South African. But I’m not proud because our lovely country belongs to the wrong hands. Our struggle began with the question of land and land remains at the centre of our struggle today.

In the old days the people in this country were so united. Even those who were not interested in politics they ended up in politics. This unity came from the fact that they were crying for the land of their forefathers that had been confiscated by those who thought the land was supposed to be under their authority. The people's land had been stolen, fenced and sold.

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Road blockade and protests to restore democracy and end corruption in KwaNdengezi and Shallcross

22 October 2012
Abahlali bakwaNdengezi Press statement

Road blockade and protests to restore democracy and end corruption in
KwaNdengezi and Shallcross

The struggle for land, housing and dignity continues in KwaNdengezi.

Mduduzi Ngcobo, the KwaNdengezi Ward 12 councillor has been terrorizing this
community for a long time. It must be remembered that this community had to
march on the 31 August 2012 demanding that the Speaker of eThekwini
Municipality Logie Naidoo intervene in what the community calls Ngcobo acting
as both a referee and a player in new housing project. But as always Logie is

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Rural Network Protest in Pietermaritzburg on 23 October 2012

22 October 2012
Rural Network Press Statement

Rural Network Protest in Pietermaritzburg on 23 October 2012

We, the Rural Network, together with our comrades in Abahlali baseMjondolo and other poor people’s organisations, will be having a public protest march on the 23rd of October, 2012, in Pietermaritzburg, KwaZulu Natal. In light of the government’s failure to address the unlawful arrest of school children, illegal cattle impoundment, forced evictions and land distribution issues, we have been emboldened to march in order to keep the Department of Land Affairs (Department of Rural Development and Land Reform), and the Department of Justice accountable for their responsibilities. Moreover, violent actions by private farm security companies directed at farm tenants, dishonest officials changing their identities and equality violations continue as the government fails to arrest, question, and prosecute the initiators of illicit behaviour.

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Lindela ‘Mashumi’ Figlan

Lindela 'Mashumi' Figlan

Lindela Figlan was born on the 27th of December 1970 in J.B. Location in Flagstaff in Pondoland in what was then the Transkei bantustan.

His mother was from the Radebe family and she kept the home. His father was secretary of the congress that went into revolt on Ngquza Hill in 1960. More than 4 000 men occupied Ngquza Hill. They were determined to fight for their land and for their dignity. The apartheid state sent in the military and there was a massacre. The courage of the men on Ngquza Hill is always remembered in Pondoland today. The songs from that struggle, like 'Asiyifuni idompas', are still sung today. When Lindela was a young boy the police used to come to their home from time to time, kick in the door and kidnap his father. Sometimes they would take him to a place known as Betani where they would force him to dig potatoes with his hands saying that they did not want to risk damaging their tools. When he came home his fingernails would be red.

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Kennedy Road Shack Dwellers Sue Police

Issed by: Socio-Economic Rights Institute of South Africa (SERI)
27 September 2012

KENNEDY ROAD SHACKDWELLERS SUE POLICE

Former residents of the Kennedy Road informal settlement in Durban are pursuing damages claims against the South African Police Service (SAPS) and the eThekwini Metropolitan Municipality, three years after the police failed to protect them from an armed gang that invaded the settlement in September 2009. This is an important case because it holds the police responsible to prevent violence perpetuated by others when it is in a position to do so.

On 25 September 2012, summons and particulars of claim were served and filed in the Durban High Court. Abahlali baseMjondolo (Abahlali), a national movement of shackdwellers, is also a plaintiff in the proceedings, along with the 52 individuals. This action comes after the residents gave notice of their intention to pursue a damages claim in terms of section 3 of the Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 on 24 March 2010.

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Three Years after the Attack on our Movement, the Kennedy Road Displacees Remain Homeless and in Exile

27 September 2012
Abahlali baseMjondolo press statement

Three Years after the Attack on our Movement, the Kennedy Road Displacees Remain Homeless and in Exile

The attack on Abahlali baseMjondolo in 2009 set a tone for KwaZulu-Natal to become the province where warlordism and the assassination of leaders and activists has become the order of the day. It was also a warning to the poor that we should accept landlessness, homelessness and all forms of injustices and inequality as the order of the day if we want to survive this democracy.

It was on the night of the 26th, 27th and 28th of September 2009 that the whole political plot was concluded and carried out to assassinate the leadership of Abahlali. We know and we want the nation and the whole world to know that this plot was planned at a very high political level in our province. The plot was not just aimed at reigniting the politic of fear and assassination among those of us who refuse to accept fear. It was also aimed at tearing apart our movement – a movement that has brought us together, a movement that has made us realise how much power and value we have when we stand together. A movement that has shown us how we were made poor by colonial rule, by apartheid and by the post-apartheid state. A movement that has insisted that democracy means that everyone has the same right to participate in decision making and that the land, cities and wealth of our country must be shared and managed equally.

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Remembering Steve Biko: a Bright & Guiding Light in Dark Times

Address by Bishop Rubin Phillip, Anglican Bishop of Natal(KZN) – at St Philip’s Anglican Church, Fingo Village in Grahamstown, 19th September, 2012.

Remembering Steve Biko: a Bright & Guiding Light in Dark Times

As the Unemployed People's Movement have noted we gather here in Grahamstown to honour the memory of Steve Biko, a man who was indeed a bright and guiding light, at a moment when a dark night is settling over our country. As the light of our democratic dawn dims we all have to look inward and find our courage, individually and collectively, for the struggles ahead. Make no mistake – the massacre at Marikana was a turning point and the path ahead will be difficult and will require real courage.

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Abahlali to celebrate Heritage Day at Lindokuhle Community Crèche

22 September 2012
Abahlali baseMjondolo press statement

Abahlali to celebrate Heritage Day at Lindokuhle Community Crèche

On Monday 24 September Abahlali will be joining many South Africans who still see heritage month as significant in our time. We believe that our culture helps us not only to define our identify but also our humanity as well.

We will be celebrating this day with cultural entertainment that shows the diversity of our communities and our struggle. We continue to insist that everyone in the shacks is from the shacks and is therefore a person who has a valuable contribution to make to the struggle of the poor. We continue to refuse to let politicians and others misuse language and culture to divide and thereby weaken the poor

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Court Victory Against the eThekwini Muncipality!

MEDIA STATEMENT
Issued by: Abahlali baseMjondolo and Socio-Economic Rights Institute of SA (SERI)
19 September 2012

VICTORY FOR FORGOTTEN SHACK DWELLERS

High Court orders eThekwini Mayor, City Manager and Director of Housing responsible for ensuring compliance with court order to provide houses to evicted Siyanda occupiers

Today the Durban High Court handed down a ground-breaking judgment in Mchunu and Others v Executive Mayor of eThekwini and others, following a hearing held on 17 September 2012. The decision, given by Acting Judge Nigel Hollis, requires the Mayor of eThekwini, the City Manager and the Director of Housing to take all the necessary steps, within three months, to provide permanent housing to 37 poor families living in a transit camp near KwaMashu, Durban. If they do not, they may be fined or imprisoned.

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Abahlali baseSiyanda vs eThekwini Municipality

18 September 2012
Abahlali press statement

Abahlali baseSiyanda vs eThekwini Municipality

The failure of the eThekwini municipality to comply with an order of the court that compels it to house the residents of Siyanda who have been left to rot in the Richmond Farm transit camp has clearly indicated that the City is law unto itself.

Yesterday the Court heard both the sides of Abahlali and eThekwini and held the judgment. The judge said it was going to handed down in few days. We have just received a call from our legal team saying that tomorrow, Wednesday, 19 September 2012 at 9am the judgment will be handed down at the Durban High Court.

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Mnikelo Ndababnkulu and Zodwa Nsibande Speak at Dear Mandela Screenings and other Events in the USA & Haiti

DEAR MANDELA UNITED STATES SCREENING TOUR

This month, the Poverty Initiative, together with Sleeping Giant Films, National Economic Social Rights Initiative and the Center for Constitutional Rights (CCR), will host two youth leaders from the Abahlali baseMjondolo (Shackdwellers) movement of South Africa for a month-long exchange and film tour. AbM leaders, Zodwa Nsibande and Mnikelo Ndabankulu, are featured in the award-winning film Dear Mandela. These inspiring leaders will share their experience and analysis of the largest social movement of the poor in post apartheid South Africa, and will engage with young people in 7 cities in a conversation about innovative leadership, bottom-up democracy, and the role of the youth in fighting for our human rights to housing, healthcare and a decent wage.

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Abahlali baseRichmond Farm are taking the eThekwini Municipality to Court

16 September 2012
Abahlali baseMjondolo Press Statement

Abahlali baseRichmond Farm are taking the eThekwini Municipality to Court

In 2009 Siyanda residents near KwaMashu were evicted by the Dept. of Transport and relocated from their shacks into Transit camps so they could build the road which is known as Dumisani Makhaye (R577). The residents contested the eviction in the streets and in the courts but an eviction order was granted by the Durban High Court and the residents were evicted and relocated on 17 March 2009. However the court order that was given stated that all basic services should be provided in the transit camps and that the residents should all be moved to formal houses within 12 months. Water, electricity and sanitation were not provided and the residents are still rotting in the transit camp. The municipality has simply ignored the court order. Moreover for the past 3 years their children have suffered the pain of walking a long distance to their schools because of the relocation.

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Mnikelo Ndabankulu Speaking on the Marikana Massacre in the Grahamstown Cathedral

Marikana Memorial Service: Praying for a Just Peace

Presider: Bishop Ebenezer Ntali
Preacher: Prof. Barney Pityana

The Cathedral of St. Michael & St. George, Grahamstown, 30 August 2012

Excerpt from The Prayers of the People

Help us to shatter the structures
which prosper the rich at the expense of the poor
so that all people of this land
may experience economic emancipation

The service was followed by a march on the local police station.

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Housing Development Agency trying to illegally evict resident in Langa TRA – today

31 August 2012
Abahlali baseMjondolo of the Western Cape Press Statement

Housing Development Agency trying to illegally evict resident in Langa TRA – today

For months, the local residents committee in Langa Temporary Relocation Area has been illegally selling government built shacks. Many of the people buying the shacks already have alternative accomodation and are doing it in the hopes that they will 'cut the line' and be allocated a RDP house. They don't need a TRA structure. This corruption has been supported by the Housing Development Agency and we now have evidence that at least one member is directly involved in the corruption taking place. On top of that, HDA apparently has decided to demolish some of the TRA structures – we don’t know why because they refuse to communicate this to us.

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KwaNdengezi Protest to Councillor Ngcobo of Ward 12

Abahlali BaseMjondolo Press Statement
30 August 2012

KwaNdengezi Protest to Councillor Ngcobo of Ward 12

The KwaNdengezi community of Ward 12 under Councillor Mduduzi Ngcobo, will be having a protest on Friday. The reason for the protest is that the councillor has failed to engage with the community and has also failed to fulfil his promises to the community.

In 2010 the Cllr called a consultation meeting with the community and the Housing Department about the housing project that would take place in the community. Before accepting the project the community raised concerns about their families’ grave yards. They said that a housing project should not frustrate people but improve people’s lives. It was agreed that before the project starts another community meeting will be called, to discuss how it should be structured. It was also agreed that as this is a community project therefore it should be driven by the community.

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Bishop Rubin Philip’s Sermon at the Marikana Massacre Memorial Service

Marikana Massacre Memorial Service
Friday, 24th August 2012, Emmanuel Cathedral

And so, again, the truth of our country is in dead black bodies littering the ground. Once again, the truth of our time is that people asserting their rights and dignity against systemic injustice have been brought down in a hail of bullets. Has nothing changed in our place, when its truth remains that the armed might of the state acts for the elite of powerful and wealthy, and against our people? No self-righteous declarations of 'tragedy'; no insisting on 'complexity'; no obfuscatory 'commissions of enquiry'; are enough to hide that truth. The truth is plain to masses of the people of South Africa, it is an affront to God.

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Churches & the Organised Poor

Churches & the Organised Poor

By Thina Khanyile, IUM-SiCiLi Barefoot Consultation, Pretoria, 28 August 2012

Abahlali baseMjondolo is an egalitarian and democratic organisation of the poor. It is dedicated to the self-improvement and self-education of people who have been made poor by an unjust economic system. We organise ourselves to be able to discuss and understand our situation better and to be able to struggle for justice.

AbM is not a political party. We are a an independent poor people's organisation. We accept people regardless of the political parties that they are coming from but we keep party politics out of the movement and all our leaders must agree to remain independent from all political parties.

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Marikana Massacre Memorial Service

23 August 2012
Abahlali baseMjondolo Press statement

Marikana Massacre Memorial Service

Abahlali baseMjondolo has held a number of serious discussions about the Marikana Massacre within our movement and with our comrades. It has also been very important for Abahlali to send a delegate straight to Marikana in the North West province to meet directly with striking workers and struggling residents of the Wonderkop shack settlement. We, together with the Unemployed People's Movement, were also able to send two delegates to the meeting held to discuss the massacre at the University of Johannesburg last night. We wish to set the record straight and to say clearly that the account of what has happened that has been given in the media has mostly come from the state. The views and experiences of the striking workers and struggling residents of Marikana has been silenced. It is essential that the media must talk to the striking workers and struggling residents of Marikana and not just about them.

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Marikana Shows that we are Living in a Democratic Prison

Marikana shows that we are Living in a Democratic Prison

by Bandile Mdlalose

South Africa has the most beautiful Constitution amongst all countries. Its beauty is well documented and respected. But we are living in a Democratic Prison.

We must acknowledge the fight of Doctor Nelson Mandela, Steve Biko and the community struggles of the 1980s, the youth of 1976 and the workers of 1973. The struggles of the past defeated the White Boers and brought us democracy with all these beautiful rights on paper. We have so many documented rights, like the right to housing and to protest. But every day our rights are violated by the Black Boers. They vowed to protect our rights but the vow was a fake vow.

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The Marikana Mine Worker’s Massacre – a Massive Escalation in the War on the Poor

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8 August 2012

The Marikana Mine Worker's Massacre – a Massive Escalation in the War on the Poor

by Ayanda Kota

It’s now two days after the brutal, heartless and merciless cold blood bath of 45 Marikana mine workers by the South African Police Services. This was a massacre!

South Africa is the most unequal country in the world. The amount of poverty is excessive. In every township there are shacks with no sanitation and electricity. Unemployment is hovering around 40%. Economic inequality is matched with political inequality. Everywhere activists are facing serious repression from the police and from local party structures.

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Solidarity with Mine Workers at Marikana Platinum

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Klicken Sie hier für den deutschen text.

17 August 2012
Abahlali baseMjondolo Press statement

Solidarity with Mine Workers at Marikana Platinum

Abahlali baseMjondolo are deeply shocked by the murderous cruelty of the South African police, and those that give the police their orders, at the Marikana Platinum Mine in the North West. The killing of more than 40 mine workers yesterday by the SAPS is immoral and brings great disgrace on our country. There were other ways and much better ways to handle the situation. Yesterday will always be remembered as a dark day in the long history of oppression in South Africa.

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Celebrating the Power of Organised Women

Abahlali baseMjondolo Women’s League Press Statement.
16 August 2012

Celebrating the Power of Organised Women

The Abahlali baseMjondolo Women’s League will be commemorating women’s month on the 18 August 2012 at the New Center Sports Ground in Newlands West. The Abahlali baseMjondolo Women’s League started on the 09 August 2008, after the formation of Abahlali baseMjondolo Movement S.A, which was in October 2005.

The Abahlali baseMjondolo Movement was formed to bring back the dignity of the shackdwllers as we know that the shackdwllers are taken like people who can’t think and who don’t count in the society. We only count when it’s time to vote. The Abahlali baseMjondolo women’s league was started to build the power of women (izimbokodo) in the struggle, in our communities and in the society. So as the women who are living in the shacks we will use this day to bring back the dignity to the women from the shack settlements and to encourage them to fight the following:

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Open Letter: ‘Langa housing projects a mess of corruption and mismanagement’

'Langa housing projects a mess of corruption and mismanagement'

To MEC for Human Settlements, Bonginkosi Madikiza
To Operations Manager of the N2 Gateway project for HDA, Bosco Khoza
To Cape Town Mayor, Patricia de Lille

Attached you will find a letter from the provincial executive of Abahlali baseMjondolo detailing some of our concerns and grievances. The situation in Langa is a ticking time-bomb. We hope that you will come meet with us as soon as possible to address them rather than pass the buck to someone else.

Forward with the struggle of the poor, forward!

Thembelani Maqwazima (AbM General Secretary) @ 0712604119

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Two Arrests Made in Connection with the Shootings in Umlazi, Further Threats to Bheki Buthelezi

Monday, 13 August 2012
Unemployed People’s Movement Press Statement

Two Arrests Made in Connection with the Shootings in Umlazi, Further Threats to Bheki Buthelezi

On the 30th June Bhekimuzi Ndlovu was shot in the Zakheleni shack settlement following a series of protests against the Ward Councillor and for land, housing and other development. The case number is 225/07/2012.

Ndlovu had become close to Bheki Buthelezi and to the struggle that was being organised in the Zakheleni shack settlement. However he had been close to the local ANC and the councillor and so they saw him as a traitor. He was shot by supporters of the ruling party. They sacrificed him, like an animal. They thought that he was dead. After Ndlovu was shot the ANC supporters convened a meeting and said that Bheki Buthelezi was the one who had shot Ndlovu. It has become a typical tactic of repression for the ruling party to engage in violence against activists and to then blame the activists for this violence. However unbeknownst to the local ANC Ndlovu had survived the shooting and was in hospital.

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The Struggle to Affirm the Dignity of the Poor in a Society in which we don’t Count

The Struggle to Affirm the Dignity of the Poor in a Society in which we don’t Count

by S’bu Zikode, Presented in Mexico City on 6th August 2012

Before Abahlali baseMjondolo was formed the shack dwellers in South Africa were considered by government and some other people in our society to be the undeserving poor. This claim came as the result of the perception that the poor are lazy, uneducated and people who do not think and therefore do not count the same as other human beings. The general public, civil society and the media could not defend the poor against this indignity. The media had little or nothing to report on anything that surrounds shack dwellers, be it good or bad, that considered us as human beings or citizens. We were mostly seen as a threat to society – as a problem to be controlled. When shacks were on fire radios and televisions would not air or broadcast this. On the other side the state would refuse any provision of basic services to the shack settlements or to engage us as citizens. We have always been considered as people who cannot think for ourselves. Someone from somewhere else would always be hired and paid to think for us, to represent us and to take decisions on our behalf. This has been the state mentality towards the poor. It has also been the mentality of most NGOs and of most of civil society. It has also been the mentality of what we have called the regressive left – that part of the left that thinks that its job is to think for the poor rather than with the poor. The rights that we have on paper were always refused in reality. This included our rights as citizens and our rights to the cities. Whenever we asked for our rights to be respected, for our humanity to be recognized, we were presented as troublemakers, as people that were being used by others, or as criminals. Our request to participate in the discussions about our own lives was taken as a threat.

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Ward 88 BEC Refuses to Go to the People

26 July 2012
Combined AbM & UPM Press Statement

Ward 88 BEC Refuses to Go to the People

For the past months the organised poor in Ward 88 in Durban have been fighting for their rights, and the resignation of Nomzamo Mkhize who is the current ANC Ward Councillor.

Their struggle has led to activists being arrested, shot at with real bullets by the police and threats and an assault at the hands of the councillor. Despite all these violations of their right to participate in decision making that directly affects them the activists in Ward 88 did not give up and have shown that they are prepared to continue their fight for justice and their human dignity to be installed.

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M&G: Darkness visible in JZ’s kingdom by the sea

http://mg.co.za/article/2012-07-19-darkness-visible-in-jacob-zumas-kingdom-by-the-sea

Darkness visible in JZ's kingdom by the sea

by Niren Tolsi

With the African National Congress beset by factionalism, is the province still 100% Jacob Zuma? Niren Tolsi investigates.

"Wherever I go I carry a gun these days," a longtime ANC member from the eThekwini region in KwaZulu-Natal said, "not because I am afraid of thugs or political opposition, but because I am afraid of my own."

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Update from Umlazi: Zwelethu Train Station Shut Down & Protest at the Police Station

18 July 2012
Combined UPM & AbM Press Statement

Update from Umlazi: Zwelethu Train Station Shut Down & Protest at the Police Station

At around 4:00 a.m. yesterday morning activists involved in the Umlazi Occupation and the ward 88 struggle closed down the Zwelethu Train Station. This action was in protest at the failure of the police to arrest the ward councillor, Nomzamo Mkhize, after she and her son assaulted an activist.

There was a stand-off between activists and the police at the train station following which the general secretary of the BEC of the local ANC branch, Sandile, tried to arrange an urgent meeting with Nigel Gumede. A meeting with Gumede has always been one of the demands of the Umlazi Occupation.

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Assault & Intimidation of Action by Umlazi Councillor

16 July 2012
Combined UPM & AbM Press Statement

ASSAULT AND INTIMIDATION OF ACTION BY UMLAZI COUNCILLOR

Yesterday at around 14:00 pm there was a mass gathering of the continuous occupation that is happening in the People's Office that has been set up next to the Councillor's Office, in Ward 88, Umlazi.

A report was given on how the struggle of Umlazi started and how it got the attention of the Branch Executive Committee (BEC) which had come with lot of promises like getting what the community have demanded from them which was a meeting with Nigel Gumede, the Chairperson of the Housing Portfolio Committee and Infrastructure also Willies Mchunu, the MEC of Safety and Community. The meeting of delivering by the BEC sat on Wednesday (04th of July) unfortunately they delivered nothing that was expected and which they had promised. Neither Gumede or Mchunu attended the meeting and the BEC offered nothing but sweet talk.

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Thandeka, who suffers from epileptic seizures, illegally evicted from her home in Langa TRA by our corrupt committee

16 July 2012
Abahlali baseKwaLanga

Thandeka, who suffers from epileptic seizures, illegally evicted from her home in Langa TRA by our corrupt committee

This is the story of Thandeka Ngcelwane who, last week, was allocated No.59, a government built shack in Langa Temporary Relocation Area. However, while she was away from her new home for a few hours to visit her brother, the TRA committee headed by Zukisani Sibunzi broke the lock on her door and put someone else in the home. When she returned she found a lady in her home and her belongings removed – Thandeka had been illegally evicted from her home and, since her old shack in Joe Slovo was now demolished, she was left with nowhere else to go.

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The Organized Poor and Law as a Tool for Social Change

12 July 2012
Wits Public Interest Law Gathering

The Organized Poor and Law as a Tool for Social Change

by S'bu Zikode

It gives me a great honor to be invited to participate in the Wits Public Interest Law Gathering. I wish to thank SERI for the invitation.

It has always been clear to us that there can only be laws and policies that take the lives of poor people seriously when the poor have built our own power in the society. It has also always been clear to us that the political will to implement progressive laws and policies will only be there if the poor remain permanently organized and strong.

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Puntan’s Hill Shack Dwellers Blockade Umgeni Road

Abahlali baseMjondolo Press Statement
12 July 2012

Puntan's Hill Shack Dwellers Blockade Umgeni Road

At around 3 a.m. this morning angry residents of the Puntan's Hill shack settlement blocked Umgeni Road with tyres in protest at their dissatisfaction with Cllr. Bhekisani Ngcobo. When Ngcobo was mobilising for votes he promised them that as soon as he takes office as a councillor he would electrify their shacks. The shacks have never been electrified and last week someone was killed while trying to make a self-organised connection.

Ngcobo has not kept any of his promises. The community have tried several times to talk to him but he has neglected them and ignored their demand. Once more the poor have been used as ladders by politicians. This is why they decided to block the road this morning.

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Abahlali rises up to stop corruption and forced removals in Langa TRA

Abahlali baseLanga TRA – 5 July 2012
Abahlali baseMjondolo Western Cape Press Statement

Abahlali rises up to stop corruption and forced removals in Langa TRA

Yesterday, Abahlali baseMjondolo youth took physical action to block the Housing Development Agency from moving residents of Joe Slovo Informal Settlement into Langa Temporary Relocation Area calling the process corrupt and at the expense of current residents of the TRA.

 

 




 

 

The SANCO aligned TRA committee is selling TRA structures and houses with the tacit support of the HDA. Many of the current residents of the TRA have also been pushed off the housing lists and large-extended families are being counted as single families and therefore slated for eviction from the TRA once their relatives are allocated homes.

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Occupy Umlazi!

Thursday, 05 July 2012
Combined Abahlali baseMjondolo & Unemployed People’s Movement Statement

Occupy Umlazi!

The meeting between senior ANC representatives and representatives from the shacks in Ward 88, Umlazi, was supposed to start at 3:00 p.m. It ended up starting at 5:00 p.m. None of the senior ANC people that were expected pitched up. Only the ANC regional representatives came.

The ANC said that they needed a tangible reasone why the community representatives needed to see MEC Willies Mchunu. This was so clumsy! What could be more tangible than the fact that people are currently in hospital due to police brutality and shootings. They could also not give any good reason why Nigel Gumede was not at the meeting. They did not do what they had promised to do.

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God in My Struggle

GOD IN MY STRUGGLE

I’m proud to be in an organization that fights for, protects, promotes and advances the dignity of the poor.

Our struggle is a struggle for respect which puts people first and is people driven. I’ve lately looked at how God plays a huge role in my struggle. If it wasn’t for God we wouldn’t be were we are today. It is true that God is always on the side of the poor.

Today we have bruises and scars from our fight for Human Dignity. Our government does not believe that the poor people’s dignity needs to be respected. If the government recognised our dignity we would be living an equal life. The fact that there is a huge difference between how the poor and the rich live and are treated shows that the government does not recognise us because we don’t have money.

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Huge Police Raid on Bheki Buthelezi’s Shack

30 June 2012
AbM & UPM Press Statement

Update on Repression & Resistance in the Zakheleni Shack Settlement, Ward 88, Umlazi, Durban

At around 4:00 a.m. this morning a group of around 50 heavily armed police officers arrived at Bheki Buthelezi's shack in the Zakheleni shack settlement in Umlazi and demanded to search it. When confronted with the fact that they did not have a warrant they retired and then returned at around 4:50 with a document stating that they had a warrant to search the entire settlement. But they only searched Bheki's shack. They found nothing. During the search a helicopter with a search light hovered over the settlement. Ten activists, all of whom have become leaders in the rebellion in Ward 88, and all of whom have been warned that the police and local party leaders after after them, slipped away during the police raid and are now in hiding.

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Jadhu Place on Fire Again

27 June 2012
Abahlali baseMjondolo Press Statement

Jadhu Place on Fire Again

Abahlali baseMjondo’s ongoing struggle for land and decent housing for all shack dwellers and other poor people remains the most urgent demand.

This is the season of fire, the season of shack fires, the season of great humiliation and despair, the deadly season. Those who have always criticized the victims of the shack fires as drunkards, unthinking and thieves of electricity would be blind not to understand the truth and the politic of shack fires. We burn, year after year, because we are denied electricity and because we are denied decent housing. When we carefully connect ourselves to electricity the state sends armed men to disconnect us. When we formalise our own shacks the state sends armed men to demolish them. We are forced, sometimes at gun point, to live as we do.

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Update from Ward 88 in Umlazi, Durban

Wednesday, 27 June 2012
Unemployed People’s Movement Press Statement

Update from Ward 88 in Umlazi, Durban

In all the confusion and urgency last night it was impossible to meet and prepare a clear statement explaining events. We are now in a position to do so.

 

 




Noxolo Mkwayi was shot in her bed in Zakheleni

 

 

Yesterday the Unemployed People’s Movement called a meeting in Ward 88, Umlazi. At this meeting it was resolved to stage a peaceful occupation of the Ward Councillor’s offices. The offices were duly occupied and commissions were then set up to hold discussions on various matters. There was a commission on unemployment, on housing and on safety (crime and shack fires).

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Charges Against Bheki Buthelezi Withdrawn & the Zakheleni 18 Released

25 June 2012
Abahlali baseMjondolo & Unemployed People's Movement Press Statement

Charges Against Bheki Buthelezi Withdrawn & the Zakheleni 18 Released

Today all charges against Bheki Buthelezi were dropped and the Zakheleni 18 were released on free bail at the Umlazi Magistrate's Court. It is clear that the arrest of the 18 was politically engineered. The arrestees clearly stated in court that they don’t know the reason why they were arrested. As the magistrate asked them why they were arrested they said they had no idea and that they were just having drinks with friends on a Saturday evening when the police simply came and arrested them. The 18 were released on free bail with the understanding that the police have no evidence against any of the accused, that they were not involved in any violence and they are all poor and unemployed.

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Another 18 People Arrested in Umlazi, Durban

Update – 25 June 3:30 p.m. The charges against Bheki Buthelezi have been dropped and the Zakheleni 18 have been released without bail. They are scheduled to appear again on the 16th of July.

24 June 2012
Unemployed People's Movement Press Statement

Another 18 People Arrested in Umlazi, Durban

Last night when the comrades from Abahlali baseMjondolo and the Unemployed People's Movement were protesting outside the Umlazi Police Station to demand the immediate release of Bheki Buthelezi the police said that they would be making further arrests to 'stop the burning of tyres in Umlazi'. They made the same threat to Bheki as he was released at the Adam's Mission Police Station far from the protest.

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Bheki Buthelezi Still in Custody – Very, Very Tense Situation at the Umlazi Police Station

Update: After sustained pressure, and a tense stand-off outside the Umlazi police station, Bheki Buthelezi was finally released just after 7 p.m.

18:27 23 June 2012
Abahlali baseMjondolo Emergency Press Statement

Unemployed People's Movement (UPM) activist Bheki Buthelezi was arrested at his home in Umlazi early this morning. Activists from the UPM and Abahlali baseMjondolo (AbM) immediately made their way to the Umlazi police station to demand his release.

The police have been playing ducks and drakes with the protesters at the police station all day. At first they said that Bheki would be released by 2, then at 2 they said that the protesters need a lawyer to get Bheki out. After tense negotiations R500 bail has been paid but now the police are saying that they don't have bail forms and that these have to be fetched from the Isipingo

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Bheki Buthelezi Arrested in Durban This Morning

23 June 2012
Unemployed People's Movement Press Statement

Bheki Buthelezi Arrested in Durban This Morning

Bheki Buthelezi, from the Durban branch of the Unemployed People's Movement, was arrested at his home at around 6 this morning. His arrest follows a long struggle by the community in Ward 88 in Umlazi. There have been a number of protests in the area, including road blockades, which culminated in a large march on 8 June 2012.

People have been struggling for housing, electricity and water and against an unresponsive councillor and for participatory development. Even the ANC members in the ward don't want this councillor. The situation with the water is particularly serious as people are being forced to drink from polluted streams.

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M&G: 200 Young South Africans – Bandile Mdlalose

http://ysa2012.mg.co.za/bandile-mdlalose/

200 Young South Africans – Bandile Mdlalose

Bandile Mdlalose
Secretary general: Abahlali baseMjondolo

For Bandile Mdlalose and over 12-million people living in shacks, the struggle is far from over. With forced evictions, zero service delivery and removals to out-of-sight “transit” camps, they are still not free. Courageous, eloquent, compassionate, 26-year-old Mdlalose is a bona fide freedom fighter.

After enduring political, then criminal violence in townships like KwaMashu, living in dark, inescapable poverty left her feeling powerless. She joined Abahlali baseMjondolo (AbM), the shack- dwellers’ movement, in 2009, to use her voice as her vote.

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Why Are We Still Living the Apartheid Life?

Why Are We Still Living the Apartheid Life?

I sit back and fail to understand why there are people still staying in shacks. I fail to understand why there is so much separation in this country, why there are areas for the rich and the poor. I fail to understand why we are still living the same way that we lived in the times of the apartheid era. I fail to understand why out of all the things that we said we would have from democracy we can only point to and feel so few of them. Is this what Mandela stayed 27 years for in prison? Is that what so many people struggled for in the trade unions and in the UDF?

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Youth Day 2012 Event

Abahlali baseMjondolo Youth League Youth Day 2012 Event

The nation will be commemorating the Youth Day on 16 June. This always gives us a
problem as the fact is that the majority of the people that are unemployed are
under 35 years. This is the reality of the youth. The youth of today is engaged in
drugs and early pregnancy. Some of them it’s not that they are willing, but since they
have nothing to do, they find themselves lacking things to do and end up in all
these temptations.

It’s always a concern us as the youth that are in the informal settlements,
looking at our fellow youth that are in jails and that are also in drugs.

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Abahlali baseMjondolo to March in Umlazi Tomorrow

07 June 2012
Abahlali BaseMjondolo Press Statement

Abahlali baseMjondolo to March in Umlazi Tomorrow

It time for the politicians to keep their promises, we are tired of being lied to and being misled

For so long the people from the shacks have been living under threatening situations yet we get no support from the government. We ask for freedom from evictions, services in the settlements and participatory upgrades and instead we are denied services, evicted and either ignored or repressed.

When we first started to organise in 2005 it was said that the government had a plan to house all the people and that we must be the 'third force' because we had no real reason to protest. They said that there would be no more shacks in Durban by 2010. Now the Municipality has admitted that it will take them 82 years to house all the people currently waiting for houses in Durban! That means that if things stay the same most of us will spend out lives rotting in the shacks and we will die in the shacks.

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Padkos: S’bu Zikode & Marie Huchzermeyer to Speak at CLP on 22 June

PADKOS

Wednesday 06 June 2012

Hear S'bu Zikode (Abahlali baseMjondolo),
Marie Huchzermeyer (Wits University) and
Live Music with Nosihe and the Afrocentrics!
Date: 22 June
Time: starting at 13.00
Venue: Church Land Programme offices, 340 Burger Street, Pietermaritzburg
RSVP: Cindy (email: cindy@churchland.org.za or tel: 033 2644 380)

Church Land Programme is honoured to host two of this country's leading experts on the politics of urban housing and land.

Zikode, chairperson of the South African shack-dweller movement, Abahlali baseMjondolo, is widely acknowledged for his courageous articulation of a 'living politics' that emerged from within the thought and struggles of shackdwellers. S'bu will speak to a recent short paper he was asked to prepare on “Rethinking the State's Housing Programme” (at: http://abahlali.org/?p=8807). He argues that “[t]here will only be laws and policies that take the lives of poor people seriously when the poor have built our own power in society. … To solve our problems we would have to somehow think about a society driven economy, that is an economy designed and led by people”.

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Rethinking the State’s Housing Programme

17 May 2012

Rethinking the State's Housing Programme: Finding a sustainable and responsive solution to the need for adequate shelter and the right to the city

by S'bu Zikode

I wish to submit and insist that it will be disastrous to commit our contributions to economic growth instead of social growth and the development of the poor. The problem with this is that economic growth for the rich often does not help the poor – sometimes it happens by oppressing the poor. We cannot continue to support the rich to get richer while the poor are getting poorer in the hope that one day the poor will also get some of this wealth. We have to start with the urgent needs of the poor – with the urgent needs that people have today.

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City Press: A David and Goliath tale

Dear Mandela will be screened on the Mzansi Magic Channel at 3 p.m. on (un)Freedom Day, 27 April 2012

http://www.citypress.co.za/Entertainment/News/A-David-and-Goliath-tale-20120424

A David and Goliath tale

by Charl Blignaut

I’ll confess that I wouldn’t have gone out of my way to watch the documentary Dear Mandela if it hadn’t been nominated for an African Movie Academy Award.

I’ve sort of had my fill of Mandela-themed work and I took it to be another totally relevant exposé of injustice that leaves you feeling more depressed than the prime-time news.

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Unfreedom Day March – 27 April 2012

Abahlali baseMjondolo Press Release
Wednesday, 25 April 2012

Unfreedom Day March – 27 April 2012

Friday is freedom day. This means that the time for annual lies to our democracy has come. The time to pretend that democracy and freedom came to everyone in 1994 has come. The time to escort tender entrepreneurs, their families and friends to the big stadiums has come. The time for the rich and powerful to take their platforms in those stadiums to tell the shack dwellers and other poor people that we are all free has come.

But winter is also here and once again the poor are burning. Kennedy Road has burnt. Jadhu Place has burnt. There will be many more fires before winter has passed. What kind of government leaves people to burn year after year? What kind of government rushes to tell the media, year after year, that fires are caused by ‘illegal electricity connections’ when we all know that it is candles and paraffin stoves that cause most fires? What kind of government wants to blame the poor for their suffering? What kind of government tries to depoliticise poverty by treating the poor as ignorant and criminal when in fact our problem is that we are oppressed?

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‘This is how we do it’

'This is how we do it’
21 April 2012

Speech by Comrade Mzwakhe Mdlalose, delivered at The Foundry Theater, New York City

I wish to thank The Foundry Theatre for giving me this opportunity to share Abahlali‘s gift and contribution to our world. I also wish to take this opportunity to thank Abahlali baseMjondolo Movement SA, (the Shack dwellers Movement), the movement that has entrusted me with its mandate to share with you how shack dwellers in post-apartheid South Africa have struggled to survive neoliberalism which is a very modern kind of new apartheid. In this new form of apartheid we are still divided into those that count and those that do not, those who can live in the cities and those that cannot, those that are allowed to speak and those that are not, those that must burn and those that are safe.

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Our Aims Will Never Be the Same

Our Aims Will Never Be the Same

by Lindela Figlan

People are born not the same and they will die not the same. Although people got united to achieve one goal, which is an equal and democratic society, the gap between the haves and the have nots is not fading away. In fact it is growing.

People got united and we thought that we had the same purpose and aim but for sure there are some for whom their intentions were to make sure that their own plans are achieved. Those with their own intentions are not here to sustain what is making the people to be together. But on the other hand some are working tirelessly without even noticing that there is a wolf that is also waiting tirelessly and patiently for good results so that it can seize the victories for itself. People pretended as if they were freedom fights while they were freedom robbers. They were wolves wearing the attire of the Freedom Charter and so we thought that they were lambs. But no where are they? Some come rushing past us in their blue light convoys. We see some of them in expensive hospitals and in places like Qalakabusha waiting to restart their plans to destroy this country.

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Collectivism vs. Individualism

19 April 2012.
Abahlali baseMjondolo Movement Press Statement

Collectivism vs. Individualism

When our movement was started none of us knew that Abahlali would continue to grow and to become strong enough to be able to tackle issues of national interest. Abahlali like most social movements continues to face state repression, NGO repression, and repression from left academics who still believe that it is their duty to think, represent, and take decisions for the poor. We continue to resist all this pressure to accept that our place is in the shacks and nowhere else. We continue to voice our anger and our frustrations from the dark and confined corners of our universe. We also continue to take our place in our society. We occupy land and we occupy spaces in the media and in public discussions. Sometimes it is not easy. Sometimes it is dangerous. But when it is possible it is possible because we work together. If you are poor your strength can only come from your togetherness. That is all that you have. Without it you are isolated and vulnerable to all kinds of attack. This is why the philosophy of ubuhlali is a philosophy of collectivity and why we work so hard to prevent our movement from collapsing into individualism.

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Abahlali Members who were Displaced in September 2009 Still Homeless

Monday, 12 March 2012
Abahlali baseMjondolo Press Statement

Abahlali Members who were Displaced in September 2009 Still Homeless

Two weeks ago IFP members fought with NFP members at Hostel 17 in Umlazi Township. That political violence left one person dead and it left some people homeless. The Minister of Safety and Security intervened to mediate between the two parties that were fighting. This is very good and is something which we welcome. We also acknowledge that the new Mayor of the eThekwini Municipality took the Umlazi violence into his attention and is working on it. However this activism of the Minister and the Mayor is raising so many questions.

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eThekwini Municipality Disobeys Court Order to Provide Housing and Investigate Corruption

Abahlali baseMjondolo (AbM) and Socio-Economic Rights Institute of South Africa (SERI)

PRESS RELEASE – 29 February 2012

eThekwini Municipality Disobeys Court Order to Provide Housing and Investigate Corruption

Residents go back to court to compel Mayor, City Manager and Director of Housing to provide houses or be held in contempt

In 2009, 37 poor families won the right to receive permanent houses in terms of an order issued by the Durban High Court. The families must now return to court to force the eThekwini Municipality to obey the order. The Socio-Economic Rights Institute of South Africa (SERI) and Abahlali baseMjondolo (ABM) are suing the Mayor of eThekwini on behalf the families, who now live in the Richmond Farm Transit Camp near KwaMashu, Durban.

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A Fish in a Tin

EVICTIONS IN SOUTH AFRICA – (DEAR MANDELA companion video) from Sleeping Giant on Vimeo.

http://dearmandela.com/?q=node/76

Short Film: A FISH IN A TIN
February 28, 2012 – 10:26pm

LAWYERS PUSH FOR EVICTED RESIDENTS' RIGHTS TO BE RESPECTED

In 2009, we filmed with a community who had recently been evicted from the Siyanda informal settlement in order to allow for the construction of a road. One of the conditions of the eviction order was that the occupiers would be provided with permanent housing within a year. The deadline for doing so expired almost two years ago and nothing has been done to comply with the order.

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Shallcross March Called Off Due to Death Threats from the Local Councillor and ANC Members

22 February 2012
Unemployed People's Society Press Statement

Shallcross March Called Off Due to Death Threats from the Local Councillor and ANC Members

Yesterday the Unemployed People's Society had to take the difficult decision to call off the march that we had planned against housing corruption in Shallcross. The night before the march was due to take place the Ward 17 Councillor and a number of local ANC members moved around the area with whistles. They issued clear threats stating that anyone who goes on this march will be killed.

The next morning Ms N.E. Shazi, the organisation's co-ordinator, woke to found that a large amount of blood had been poured on her gate.

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March Against Housing Corruption in Shallcross

20 February 2012
Unemployed People's Society Press Statement

March Against Housing Corruption in Shallcross

The Unemployed People's Society has, together with Abahlali baseMjondolo Movement S.A. and SANCO, been approached by the victims of the Savanna Park project and the Inkanyezi housing Project.

The Unemployed People’s Society will be marching to the Durban City Hall to demand an end to housing corruption in these housing projects such as Inkanyezi and Mawelewele, to demand road access and to oppose lazy and brutal police officials and the lack of services.

The march will start at King Dinuzulu Park (Botha Park) at 9:00am tomorrow – Tuesday, 21 February 2012. The memorandum will be handed over to the new eThekwini Municipal Manager Mr. Sibusiso Sithole, the Minister of Transport Mr. S’bu Ndebele and the Minister of Police Mr. Nathi Mthethwa. It will finished at 12 noon.

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The Interim Order Against the Shallcross Occupation has been Set Aside

27 January 2012
Abahlali baseMjondolo Press Statement

The Interim Eviction Order Against the Shallcross Occupation has been Set Aside

The interim eviction order granted by the Durban High Court to evict residents of Shallcross (Ekuphumeleleni, Inkanyezi Housing Project) was set aside this morning. The High Court has ordered the eThekwini Municipality to stop any further eviction of residents pending the 24th of February 2012 on which date this matter has to return in court. In the meantime the evicted residents have returned to their homes for the second time.

Abahlali wishes to express its disappointment at the fact that the attorneys that South African Nation Civic Organization (SANCO) has promised its members in the area since December did not pitch up in court. This was despite insistence of the SANCO leadership last night that they have lawyers which mislead the community. However Abahlali wish to thank its Legal Team – Nichols Attorneys with the support of SERI – for being able to represent the residents and for doing such a good job.

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Shallcross: The Tyres are Burning

Shallcross: The Tyres are Burning

Yesterday 120 families were violently evicted from incompletely built and then
abandoned RDP houses in Shallcross. They had occupied these houses after people
with papers to show that they had been given houses were left in shacks as
their houses were corruptly given to others who were paying for them. Eight of
the 120 families are AbM members.

Last night the evicted families reoccupied the houses. Now the police are back.
The tyres are burning. The media are urged to rush to the scene.

Contact:

Lucia: 084 635 0293
Lungi: 078 622 6999

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Occupiers Currently Under Police Attack in Shallcross

25 January 2012
An urgent call for media intervention
Abahlali baseMjondolo Press Statement

Occupiers Currently Under Police Attack in Shallcross

The eKuphumeleni Abahlali branch in Shallcross, in ward 17 under Councillor Shembe Nomvula (073 782 7358), is currently under attack and eviction from the South African Police Service (SAPS).

Everybody know that housing is a crisis in South Africa particularly in Durban where we just heard that at least R532 million has gone missing from the municipal housing budget. The Auditor General has just realized a report about corruption, mismanagement of funds and irregularities and as far as the supply chain management is concerned.

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Release Ayanda Kota Now!!!

Update: Ayanda Kota was released at 14:45 this afternoon on a bail of R500. There were visible marks from the assault on his head, arms, chest and back. His clothes were torn and blood stained. He will be laying criminal and civil charges against the officers who assaulted him.

The original UPM statement is here, the SSJ statement is here, the DLF statement is here and the Mandela Park Backyarder's Statement is here.

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Ayanda Kota Assaulted in the Grahamstown Police Station – Under Arrest

12 January 2011
Unemployed People's Movement Press Statement

Ayanda Kota Assaulted in the Grahamstown Police Station – Under Arrest

About 40 minutes ago Ayanda Kota was seriously assaulted by a group of police officers in the Grahamstown police station. He was dragged, bleeding from at least two wounds, and with his clothes torn from his body, to the holding cells.

 

 




 

 

For some months he has been under open police surveillance and at times has been threatened and insulted by the police. The police have been watching his mother's house and have searched it looking for him. Their behaviour has been very rude, threatening and aggressive.

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Global Call-In and Solidarity Actions for Evicted KwaMashu Community

Global Call-In and Solidarity Actions for Evicted KwaMashu Community

For Immediate Release
7 January 2012

GLOBAL SOLIDARITY ACTIONS FOR KWAMASHU COMMUNITY DISPLACED BY COP17
Activists from Around the World Call Councillor Lucky Mdlalose of KwaMashu

 




Activists Gather in front of the South African Embassy in London with images of some of the evicted community members from KwaMashu. Photo by Anna Collins Continue reading

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Comrade Zulu R.I.P.


Comrade Zulu from the Landless People’s Movement in Thembelihle has passed away. He was a brave and highly respected comrade. The funeral will be this Thursday. Lala Ngoxolo. Hamba kahle qhawe. Contact Maans van Wyk for details: 079 267 3203

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Terrible Shack Fire in Kennedy Road

Friday, December 23, 2011
Abahlali baseMjondolo Press Statement

Terrible Shack Fire in Kennedy Road

Last night, in the middle of the night, at about 00:28, a shack fire took place in Kennedy Road. About 300 shacks went to ashes and approximately 1500 people were left homeless.

 



Kennedy Road Burns Again

 

The reason of the fire is still unknown but it is suspected that a candle was left lighted. A small child at about the age of 2 years was badly injured and was rushed to a hospital. No one came to the scene aside from Abahlali baseMjondolo. What a shame it is when even the councillor himself doesn’t bother to come and see how the damage is. The community was hoping that their ward 25 councillor would come to see the damage and offer support. Their hopes were raised when they saw him coming with the Municipality cars. One of the cars was from Housing. But he did not even bother to consider coming to the place where there was this fire. He just ignored the people who had their hopes up and went straight to the hall and told the people that he was there to write the list of those who are suppose to get food vouchers for Christmas. In the past these vouchers have been abused for party political purposes.

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Thembinkosi Qumbela was Never an Umhlali

Abahlali baseMjondolo Movement SA Press statement
18 December 2011

Thembinkosi Qumbela was Never an Umhlali`

On Thursday 15 December 2011 The Mercury published an article titled 'Senior IFP leader crossing to the ANC did not tell his party'. In this article Thembinkosi Qumbela, who was elected as the IFP regional deputy secretary two weeks ago and has now left the IFP to join the ANC, claims that he “had been an activist of Abahlali baseMjondolo” and has “decided to leave everything (IFP and Abahlali baseMjondolo) and return to the ANC. Anyone who is serious about being a politician should be with the ANC.”

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Umngeni Municipality Ordered to Provide Housing to Residents of Tumbleweed Shack Settlement

PRESS RELEASE: 12 December 2011

Issued by: Abahlali baseMjondolo Movement of SA

Socio-Economic Rights Institute of South Africa (SERI)

UMNGENI MUNICIPALITY ORDERED TO PROVIDE HOUSING TO RESIDENTS OF TUMBLEWEED INFORMAL SETTLEMENT

Council and residents agree on relocation plans

The Pietermaritzburg High Court today ordered uMngeni Municipality to provide land, water, sanitation and temporary housing to 47 families living in the Tumbleweed informal settlement near Howick, KwaZulu-Natal. The order was granted by agreement between the residents and the municipality after the municipality applied to evict the residents to make way for a new school.

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AGM and Campaign Against TRAs

9 December 2011
Abahlali baseMjondolo of the Western Cape Press Statement

AGM and Campaign Against TRAs

Tomorrow Abahlali baseMjondolo of the Western Cape will hold our third annual general meeting and, at the same time, we will launch a campaign against the TRAs. The meeting will run from 11 till 2 at the Langa TRAs in Zone 27, Langa.

TRAs, known as transit camps in Durban and decant areas in Johannesburg, are unfit for human habitation. Our movement has always rejected them as inhuman and tomorrow residents of TRAs from around Cape Town will meet to speak out about their living conditions and against the TRAs. The corruption in the Langa TRAs will be noted and it will also be noted that people are always told that these places are 'temporary' but some people have been living in them for seven years now.

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Poor People’s Movements and the Law

Poor People’s Movements and the Law

by S'bu Zikode, Wits University, 2 December 2011

I wish to thank the Socio-Economic Rights Institute of South Africa for organising this seminar to discuss the law and social movements. I also wish to take this opportunity, on behalf of Abahlali baseMjondolo Movement SA, to extend our deepest gratitude to SERI for all the legal struggles they have shared with us in support of our right to organise for our rights to land and housing, our right to the cities and our right to human dignity.

Abahlali has a lot of experience to share on this important topic. It is true that in Abahlali we are working very hard to build the power of the poor from below. It is true that doing this through organising and mobilizing is not easy. It is also true that this kind of work needs a lot of popular education through a new spirit of Abahlalism. We need to build a spirit of political and economical consciousness through constant discussion and reflection on our situation and our struggle. A spirit that recognises that we are poor because we were made poor and that we must work hard to unite the poor in order to resist this poverty imposed on us. A spirit that we can win this battle against all forces that refuse us land and freedom, forces that want to keep us confined in the dark corners of our society.

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Floods, destruction and despair in the shacks

Update: The Arnett Drive settlement in Reservoir Hills and the Richmond Farm transit camp were also flooded and in KwaMashu sewer systems and a big pipe burst causing serious damage. People are protesting in a number of places in KwaMashu.

Monday, 28 November 2011
Abahlali baseMjondolo Press Release

Floods, destruction and despair in the shacks

Abahlali welcomes the world in our country, our province and in our city. We also welcome progressive delegates to our homes, our settlements and our flooded shacks.

 




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Occupy Durban!

27 November 2011
Abahlali baseMjondolo Press Statement

 


Occupy Durban!
Occupations Currently Underway in Hillary, KwaMashu and Pinetown

 

 



Occupy Hillary 28 November 2011

 

We are human beings, not dogs, and every human being has a right to a decent home and a right, if they choose, to a place in the city. Economic, political and legal systems that deny these rights are a threat to our humanity and must be resisted. There is enough money and space in this world for every person to have a decent home. The problem is that the money and space are being held by the few to exclude the many. If the few continue to exclude the many then it is our responsibility to ourselves, our families and our communities to resist this oppression.

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Nigel Gumede Must Go!



March to Demand that "Nigel Gumede Must Go" 24 November 2011

The permit for the march (a legal fiction in democratic South Africa that is a hangover from apartheid but something that the municipality illegally insists on) was denied but AbM marched anyway in defiance of this de facto ban on the march. With the COP 17 meeting coming up the police did not respond with violence and the march, of more than 3 000, proceeded peacefully in the pouring rain. The officials left the crowd standing in the rain and only came to accept the memorandum when there was a threat to occupy the City Hall.

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“Climate Change and global warming are perpetrated by the Capitalists to oppress the poor to make profit”

“Climate Change and global warming are perpetrated by the Capitalists to oppress the poor to make profit”

by Reverend Mavuso of the Rural Network

We are told that our world is at risk from global warming caused by the pollution of the capitalists over many years. These same capitalists have become rich by making the rest of us poor. We were forced off our land, forced to work in their mines, factories and homes and now we are told that there are no more jobs for us. We are left to rot. For us the world has been in crisis for a very long time.

We cannot be expected to pay the price for global warming. Many of us don’t even have electricity in our homes. The price for fixing global warming must be paid by those that have become rich while disrespecting and damaging this world that God created for all of us.

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March to Demand the Resignation of Nigel Gumede

Abahlali baseMjondolo Press Statement
23 November 2011

Abahlali baseMjondolo Youth League March to Demand the Resignation of Nigel Gumede – Thursday 24 November 2011

After years of broken promises and intimidation protesters march to demand an end to Housing Chairperson's reign of disrespect

We are human beings, not dogs. Nigel Gumede treats us like dogs but we will defend our humanity.

The Abahlali baseMjondolo Youth League has organised a march to demand the immediate removal of Nigel Gumede as the Chairperson of the Housing Portfolio Committee and Infrastructure for the eThekwini Municipality. People from more than 20 shack settlements in Durban as well as our comrades who are taxi workers, street traders, hostel dwellers, and others will march in solidarity with us on Thursday 24 November 2011. The march will leave Botha Park at 8. We will display the power of the people to show the weight of our demand that: Nigel Gumede must go!

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Dark corners of the state we’re in

Dark corners of the state we're in

Padkos from the Church Land Programme

Just after the attacks on Kennedy Road in 2009, S'bu Zikode, then President of the shack-dwellers' movement, Abahlali baseMjondolo said:

"This attack is an attempt to suppress the voice that has emerged from the dark corners of our country. That voice is the voice of ordinary poor people. This attack is an attempt to terrorise that voice back into the dark corners. It is an attempt to turn the frustration and anger of the poor onto the poor so that we will miss the real enemy….Our crime is a simple one. We are guilty of giving the poor the courage to organise the poor. We are guilty of trying to give ourselves human values. We are guilty of expressing our views. Those in power are determined not to take instruction from the poor. They are determined that the people shall not govern. What prospects are there for the rest of the country if the invasion of Kennedy Road is overlooked? … Our message to the movements, the academics, the churches and the human rights groups is this: We are calling for close and careful scrutiny into the nature of democracy in South Africa" (29th September 2009).

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The Cape Town Municipality Refused to Accept our Memorandum

PLEASE NOTE – OUR PROTEST WILL CONTINUE THROUGHOUT THIS WEEK

TOMORROW THE 24TH WE WILL PROTEST IN FRONT OF PROVINCIAL INHUMAN SETTLEMENT DEPARTMENT AND FRIDAY IN FRONT OF PROVINCIAL LEGISLATURE TIME WILL BE 12:30 TILL 13:30 AND OUR PROTEST WILL CONTINUE TILL WE GET WHAT WE WANT

 



Protest at the Cape Town civic centre – 23 November 2011

 

Today at 12:30 Abahlali baseMjondolo of Western Cape had a protest outside the Civic Centre offices of City of Cape Town, calling on Patricia De Lille to meet with our members without imposing any terms of engagement and demanding that such meeting should take place at Khayelitsha where our members are based and it should be open to everybody, and everybody should be allowed to voice out his/her views without any fear of favor or intimidation.

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Protest tomorrow the 23rd at Cape Town Civic centre

A CALL FOR MEANINGFUL ENGAGEMENT NOT STAGE MANAGED PR ENGAGEMENT

Abahlali baseMjondolo of the Western Cape tomorrow will have a protest outside Civic Centre at 12h00 till 13h00 and submit a memorandum to Patricia de Lille, the Mayor of City of Cape town.

Tomorrows protest follows number of attempts by Abahlali baseMjondolo to secure open bublic meeting with the mayor of City of Cape town.
We have done our best as organization, trying to secure a meeting with the mayor of City of Cape Town, we have submitted number of writtern request to the office of the mayor asking the mayor to address our public meetings about issues that affects us direct such as floods, shackfires, water cut-offs and the role of law enforcement within our communities because many of our communities have been victimised by law enforcement through illegal demolitions.

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AbM Press Conference to Announce Mass Protest – 22 November, 10:00 a.m

Abahlali baseMjondolo Press Statement

Tuesday, 22 November 2011

Abahlali baseMjondolo Youth League to March to Demand the Immediate Removal of Nigel Gumede from Office

AbM Youth League to take to the streets and demand the removal of Nigel Gumede as Chairperson of the Housing Portfolio Committee and Infrastructure for eThekwini Municipality

WHAT: On Thursday, 24 November 2011, Abahlali baseMjondolo's Youth League will march to demand the immediate removal of Nigel Gumede as Chairperson of the Housing Portfolio Committee and Infrastructure for the eThekwini Municipality. This demand comes in the wake of threatening statements that have come from Gumede toward Abahlali baseMjondolo Chairperson, S'bu Zikode, and other members of Abahlali over the last two years. These statements by Gumede, especially in the context of the repression that AbM has faced, show that Gumede is a serious threat to democracy in Durban. Gumede's intimidation undermine our confidence in the official goodwill that will be needed to make the current negotiations

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March to Demand the Resignation of Nigel Gumede

Memorandum from Abahlali baseMjondolo Movement South Africa

DATE: 5 November 2011
RE: Call for the immediate removal of Nigel Gumede as Chairperson of the Housing Portfolio Committee and Infrastructure for eThekwini Municipality

 



March to Demand the Resignation of Nigel Gumede & the Right to Know – 5 November 2011

 

Today, Abahlali baseMjondolo (AbM) is marching to urgently call for the immediate removal of Nigel Gumede as Chairperson of the Housing Portfolio Committee and Infrastructure for the eThekwini Municipality.

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Statement in Solidarity with Abahlali baseMjondolo Movement South Africa

Statement in Solidarity with Abahlali baseMjondolo Movement South Africa

We, the undersigned, activists, academics, organizers, and others, call for an end to the repression and intimidation of Abahlali baseMjondolo (AbM) Movement South Africa. We stand in solidarity with this democratic membership based movement for justice that is led by and for poor people – people that have been structurally excluded from full and equal participation in South African democracy.

In recent years AbM leaders and members have been subjected to various forms of well documented repression and harassment at the hands of the state and the ruling party, including the violent attacks of 2009. We affirm that AbM has every right to demand decent and well located housing and the provision of decent services to shack settlements while awaiting homes and, also, to demand bottom up and democratic forms of development. We sign this statement to register clear opposition to the regressive forces in the government and the ruling party who have targeted AbM leaders in various ways since 2006 and who sought, in 2009, to destroy the movement wholesale.

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Bathi abayi ndawo abahlali basemjondolo

http://www.iol.co.za/isolezwe/bathi-abayi-ndawo-abahlali-basemjondolo-1.1161345

Bathi abayi ndawo abahlali basemjondolo

October 20 2011 at 01:32pm

BONISWA MOHALE

Bebedinwe begane unwabu abahlali basemijondolo yase-Emmaus, eWestmead, ngasePinetown izolo bemashela inkampani efuna basuke endaweni abakhe kuyo.

 

 




March on the Mahogany Ridge 2 Property Owners Association and in Defence of the eMmause Land Occupation, eMmause, Pinetown 19 October 2011


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Protest Today in Pinetown

Abahlali baseMjondolo Press Statement
Wednesday, 19 October 2011

Abahlali baseMjondolo take to the Streets, demand end to vicious evictions in eMmause

South Africa’s largest social movement calls for respect, and the right to decent housing and safety

Pinetown, KwaZulu-Natal

This morning, Abahlali baseMjondolo(AbM) members and allies will be joining a march from Shepstone Road to Tollage Road to call for an end to all demolitions and evictions in the eMmause community. Since late 2010, hundreds of people have had their shacks destroyed in Durban including some by the landlord, Mahogany Ridge 2 Property Owners Association. Hundreds more have been brutally evicted. The Mahogany Ridge 2 Property Owners Association is currently trying to evict people from a land occupation in eMmause. These actions by the landlord present a gross violation of people’s right to housing and safety. Today we are marching for land and housing in the cities.

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Statement on Threats Made to S’bu Zikode

Statement on Threats Made to S'bu Zikode

When we heard that eThekweni Mayor, James Nxumalo, agreed to meet with a delegation from the shackdwellers movement, Abahlali baseMjondolo (AbM), we were hopeful that a new page was being turned. Perhaps now there can be meaningful engagement between the organised poor and the City of Durban.

But if there is to be real progress, then the actions of Nigel Gumede (Chairperson of the Housing and Infrastructure Portfolio Committee) in that meeting must be condemned. Gumede made angry and violent threats against S'bu Zikode, AbM Chairperson. We must insist that for genuine partnership to be built, it must be on the basis of respect for all people. The fragile prospects of new beginnings in Durban cannot be undermined by Gumede's ongoing hostility and disrespect. This sort of behaviour cannot be allowed to impede the full flowering of our democracy.

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“We are all S’bu Zikode”

Tuesday, 18 October 2011
Abahlali baseMjondolo Press Statement

“We are all S’bu Zikode”

Abahlali baseMjondolo is a movement of the poor that struggles to protect, promote and advance the dignity of the poor in South Africa. One of our roles is to bring the government to the people and the people to the government.

We have marched to take our demands to councillors, mayors, premiers and the president. We have had many meetings but in Durban, the city where our movement was founded six years ago, we have never, despite all the marches, ever had a meeting with the mayor to discuss our demands.

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Isolezwe: ‘Sizokwenza iTheku lingalawuleki’

http://www.iol.co.za/isolezwe/sizokwenza-itheku-lingalawuleki-1.1155635

‘Sizokwenza iTheku lingalawuleki’

October 12 2011 at 11:10am
By BONISWA MOHALE

 



AMALUNGU enhlangano Abahlali baseMjondolo oMzwakhe Mdlalose, Lindela Figlan, Sbu Zikode, Mazwi Nzimande, Zandile Nsibande noBandile Mdlalose Isithombe: SITHUNYELWE

 

ABAHLALI baseMjondolo sebesabise ngokuthi bazokwenza iTheku lingalawuleki emuva kokuba iMeya, uMnuz James Nxumalo, ehoxise umhlangano obekumele abe nawo nobuholi bale nhlangano.

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Protest Happening Now at Kennedy Road

Abahlali baseMjondolo Press Statement
Wednesday, 12 October 2011

Abahlali baseMjondolo have started shacking

On Tuesday, 10 October 2011 at 10:00am in our office we held a press conference
were we said that if the Councillors, Mayors, and all sorts of government do
not meet with the people on the grassroots and have a collective decision
making then we will be unable to stop the anger of the people.

While we were still having the conference the Siyanda ward 41 councillor, Mr
Lucky Mdlalose, was busy employing his own friends to work in the community.
This this resulted in the anger of the community mobilizing them to stop the

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Climate Change and Poor People’s Struggles

October 2011

Climate Change and Poor People's Struggles

Bandile Mdlalose

I wish to thank the World Development Movement for inviting me to speak about Climate Change and how the Abahlali baseMjondolo experience relates to this important topic. I also wish to thank Abahlali baseMjondolo Movement S.A, the movement that I’m part of, for trusting me with the responsibility to represent it here today. I have come here with a clear mandate to speak about the political challenges of linking different kinds of crisis together and to meet with poor people's organisations here in England, like the London Coalition Against Poverty, as well as our many comrades in London. I will report back on all the meetings here to my comrades in South Africa.

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New eThekwini Mayor Disrespects the Shack Dwellers

Friday, 7 October 2011
Abahlali baseMjondolo Press Statement

New eThekwini Mayor Disrespects the Shack Dwellers

Abahlali baseMjondolo Movement SA is very disappointed by the new mayor’s disrespect for the shack dwellers. The hope that we had that the new mayor would be different to the last mayor has been dashed. Obed Mlaba was never prepared to meet with us. He had many things to say about us but he would never meet with us. James Nxumalo, the new mayor, agreed to meet with us in September and the meeting was confirmed to be held yesterday on the 6th October 2011. We had organised many meetings in our organisation to carefully prepare for the meeting with the mayor. Comrades had taken time off work for the meeting. People were excited. But the meeting was cancelled in the last hour.

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Yesterday a House was Demolished in a Village called Kafer Al-Deek

This article has now been published by Jews for Justice for Palestinians.

Yesterday a House was Demolished in a Village called Kafer Al-Deek

It's Tuesday morning on the 4th of October 2011. The sun is bright and everyone in the village of Kafer Al-Deek is busy in the fields. October is the time for the olive harvest. Most of the families who still have olive groves use this time to be together and to help each other with the harvest before the winter starts at the end of November or the beginning of December. Most families wake up early every day to go to the fields and come back late at night. Some of them have houses on the farms that they sleep in during this time. Some of them use these houses to prepare food and to rest while they work in the farm.

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Upgrades v Evictions

Thursday, 29 September 2011
Berlin University, Germany

Upgrades v Evictions

I wish to thank Misereor and the Habitat Unit of Berlin University for inviting me to speak on 'Upgrading Urban Shack Settlements' at this meeting on people centered upgrading approaches. Abahlali baseMjondolo has a lot of experience on this important issue and I will do my best to share that experience with all of you here today.

Before I begin it is important for me, on behalf of Abahlali baseMjondolo, to thank Klaus Teschner and Misereor for their support when we were facing serious repression. One of the great weakness of our democracy is that the legal system is commodified. This is one reason why the state is often happy to force the struggles of the poor into the courts. It is very easy for the state and other elites to isolate the struggles of the poor by criminalising the struggles of the poor. If we enter the courts without good legal representation, which costs money, we are in a very dangerous situation. Misereor has enabled us to enter the courts with good legal representation and this has meant that we could get a fair hearing there. We also want to thank Klaus's comrade, Knut Unger, who has hosted our comrades here in Germany and has done so much to organise political support for our struggles, especially when we are facing repression.

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For the City of Cape Town to condemn people who occupy land is for the City of Cape Town to condemn the poor

For the City of Cape Town to condemn people who occupy land is for the City of Cape Town to condemn the poor

We note that yesterday, the 25th September 2011, the City of Cape Town's reactionary and often violent Anti-Land Invasion Unit, with a help of Law Enforcement, Metro Police and South African Police Service demolished more than 100 structures at Kraaifontein. These structures had been erected by backyarders on an open field that had remained an unused piece of land for more than 17 years. In some countries unused land is considered to be public land. Here in South Africa the state will always attack any attempt by the poor to make good use of unused land.

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Comrades in New Zealand in Solidarity with AbM

24 September 2011
Abahlali baseMjondolo Press Statement

Activists in New Zealand Who Once Supported the Leadership of the ANC in the Struggle Against Apartheid are now supporting AbM's Struggle for Justice.

 



S'bu Zikode & John Minto, New Zealand, 30th Anniversary of the 1981 protest against the Springbok Tour

 

In the small country of New Zealand, with a population of about 4.5 million people nationally, the AbM President S'bu Zikode gave an inspiring and challenging speech to 300 people on 11 September 2011. These people were once strong supporters of the ANC during the struggle against apartheid. It is sad that the very same people who fought for the freedom of all South Africans have now been betrayed by the very same comrades who they once fought for to free the country from apartheid. “Since the end of apartheid the rich have gone richer and the poor have become poorer” the President told the assembled group. As he was going around New Zealand he also showed the comrades on that side something about the lives of the poor in South Africa by screening the film Dear Mandela. New Zealanders were stunned by the revelations in the film and the President's talks as they have 0% shacks in their country.

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Second Open Letter to Mayor Patricia de Lille

Wednesday, 21 September 2011

Dear Mayor de Lille

Thank you for the reply from your chief of staff to our letter dated 12 September. We have now had time to circulate it amongst our members and to discuss it carefully.

We do appreciate your invitation for the leadership of Abahlali baseMjondolo of the Western Cape to meet with the mayor. There has, after so many years of struggle in Durban, been no such invitation from any mayor in Durban and we note and appreciate your willingness to meet with us.

As we have previously stated we have no intereste in attending stage managed events that are designed for the media rather than to enable genuinely open discussion. We are committed to participatory democracy and to participatory budgeting and urban planning methods and would like to find forms of engagement that are genuinely participatory. As we have both noted in the past the current policies are failing to address the urban crisis in Cape Town. We cannot accept that so many of our people will live their whole lives in shacks. We need to find a new path and to advance down that path. This requires the development of a serious critique of the current policies and not just PR exercise in support of them. We want to build a people’s Cape Town in which all people count the same and everyone can live a life of safety and dignity. To us it seems logical that this will only be possible when people are put before profit and the social value of land is put before its commercial value.

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Telling the untold stories: In West Bank

Telling the untold stories: In West Bank

From 'Mazet', an Umhlali doing solidarity work in Palestine

 



This world is still cut in two: Palestine, 2011

 

There are 2,5 million Palestinian living in West bank, 150 settlements and 100 outposts. There are 500,000 Israel settlers, 125 residential areas and 25 Industrial areas. Israel has constructed by passing roads for Palestinians which they use to move from one are to another. 80% of the West Bank is a danger zone. Palestinians needs permits to live in their homes. To reach their land for 70% of the Palestinians in West bank which is 3km away from them is impossible. Most of the times Israelis deny Palestinian the permits, they say its for security reasons. This then restrict Palestinians from using their land for farming which is the on the other side of the village and they need permits to move. In side the West Bank check points are being removed. There are 63 Permanent check points. Two major roads are controlled by two check points and Palestinians are unable to move freely. Jerusalem used to be a cultural, spiritual and commercial center and now Palestinians need special permits to access the city.

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Two Worlds: A Documentary about South Africa’s Inequality

 



 

Released earlier this year, Two Worlds is a documentary that according to its makers, "questions why South Africa has one of the greatest divides between rich and poor." Noting that inequality is no longer a phenomenon exclusive to the developing world and that poverty is now very much prevalent in the developed world, this 28 minute film uses South Africa as a case study to probe questions about inequality for a global audience.

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Eskom and the City of Cape Town in another Brutal Attack on the Poor

Friday, 16 September 2011
Abahlali baseMjondolo of the Western Cape Press Statement

Eskom and the City of Cape Town in another Brutal Attack on the Poor

Yesterday Eskom and the City of Cape Town descended on RR Section in Khayelitsha with a heavy police presence. They removed safe insulated cables that people were running from shacks with legal electricity boxes into shacks without electricity. The people who were running the cables into their shacks were paying those with legal electricity to use their power. These negotiated connections between neighbours were not illegal. It is therefore the police, and Eskom and the City of Cape Town, who engaged in criminal actions (theft and assault) yesterday.

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What is the Future for the Youth of South Africa?

15 September 201
Abahlali baseMjondolo Youth League Press Statement

What is the Future for the Youth of South Africa?

The issues that are facing the youth are being ignored for eleven months of the year and only recognised on the youth month. But even on the youth month when the issues of the youth are being recognised there is a lack of seriousness about dealing with the crisis facing the current generation. There is a lot of talk and big speeches in stadiums and on TV but very little action.

The media are often confused. They often think that the tenderpreneurs really represent the youth when in fact they only represent themselves and their super-rich friends in business and politics. They are exploiting the crisis of the youth to advance their own interests.

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South Africa’s Great Change

S'bu Zikode's talk at the 30th anniversary of the 1981 protests against the Springbok tour of New Zealand

South Africa’s Great Change

I wish to thank Global Peace and Justice, in Auckland, for inviting me to New Zealand to speak on the progress of post-apartheid South Africa and the birth of Abahlali baseMjondolo Movement SA. I also wish to thank Abahlali baseMjondolo Movement SA, the movement that I am part of, for trusting me with the responsibility of representing it.

I also wish to extend our deepest gratitude to the anti-apartheid movement here in New Zealand who stood firm with the people of South Africa in the fight against apartheid. Many of our older comrades remember watching, on TV, the protests that you organised against the Springbok tour in 1981. There were thousands of you, many thousands of you. You were attacked by the police. Many of you were beaten and arrested. Your protests were a deep shock to the racists in South Africa. It made them realise that although Ronald Regan and Margaret Thatcher accepted their racism ordinary people in New Zealand did not. Your protests also gave courage to the people struggling against apartheid in South Africa. You were workers, priests, teachers, housewives and students. You were men and women. You were old and young. You were people in New Zealand who made people in South Africa know that they were not alone in this world. The comrades who were of that generation remember how your brave protests made their hearts sing with joy and hope back in 1981.

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Open Letter to Mayor Patricia de Lille

8 September 2011

Dear Mayor de Lille

I wish, at the outset, to make it clear that we, as Abahlali baseMjondolo of the Western Cape, and the many organisations in solidarity with us across Cape Town, appreciate some aspects of your speech yesterday.

We appreciate the fact that you acknowledge that shack dwellers, including backyarders, are living as we are as a result of a history of oppression and not because there is something wrong with us. Once this fact is acknowledged then it becomes obvious that we need justice and not charity to help us to survive poverty for another day or education to train us to accept our poverty. What is required is an end to poverty.

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Mayor De Lille Unwilling to Meet Backyarders on our own Terms

Abahlali baseMjondolo of the Western Cape Press Statement
6 September 2011

Mayor De Lille Unwilling to Meet Backyarders on our own Terms

Abahlali baseMjondolo of the Western Cape mobilised backyarders from Delft, Gugulethu, Mandela Park, Mitchell's Plain and Khayelitsha in advance of the meeting that Mayor Patricia de Lille had scheduled with backyarders in Khayelitsha today.

We made it clear that we do not consider public events stage managed by the City at which each organisation can only send three representatives to be genuine participatory democracy. We are committed to participatory democracy, to the co-planning of open assemblies at which participatory budgeting and urban planning can be taken forward. The logic of representation at meetings organised in a top down way is the logic of civil society. It is not the logic of popular democracy.

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Socialism Needs Those Who Really Need It – The Poor

Socialism Needs Those Who Really Need It – The Poor

Socialism is such a big word. It should belong to the people. It should be part of their living politics. But most times it belongs to those who want to define themselves as if they are the masters of everything. This is a serious problem because in socialism you can’t think that everything belongs to you. In socialism all the people need to be given a space. Socialism is not supposed to be like any other political movement. Socialism needs more participatory engagement. It does not need those who think that they can decide for the people on the ground. Socialism has no racial discrimination, no sexism and also no inequality. In socialism everybody is equal and no one is regarded as Mr., Mrs. or Miss know it all.

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AbM WC Welcomes Church Solidarity

3 September 2011
Abahlali baseMjondolo, Western Cape Press Statement

Abahlali baseMjondolo, Western Cape Welcomes Solidarity from the Cape Town Churches

On Wednesday 31 August Abahlali baseMjondolo in the Western Cape had an important meeting with a number of church leaders and church organisations. The meeting was held in Khayelitsha and was called by the church leaders.

The church leaders present included:

* Dr. Thabo Makgoba, Anglican Archbishop of Cape Town
* Dr. Stephen Brislin, Catholic Archbishop of Cape Town
* Dr. Braam Hanekom, Moderator of the Dutch Reformed Church, West and South Cape

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Re-Launching the Kennedy Road AbM Branch

Abahlali baseMjondolo Press Statement
2 September 2011

Re-Launching the Kennedy Road AbM Branch

In September 2009 the Kennedy Road Development Committee, a structure that was always subject to annual election with the right to recall ,and which was working hand in hand with Abahlali baseMjondolo, was expelled from Kennedy Road by armed members of the ANC. Willies Mchunu then imposed an ANC committee on the community. He called this the 'liberation' of the settlement and said that the elected structures were 'illegitimate' and that the unelected committee imposed by armed force was 'legitimate'. The committee imposed by Mchunu did nothing for the community. Things went from bad to worse. The houses that the ANC promised after the attack were never built.

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S’bu Zikode – New Zealand visit 1st – 13th September 2011

http://www.scoop.co.nz/stories/PO1109/S00004/sbu-zikode-new-zealand-visit-1st-13th-september-2011.htm

Thursday, 1 September 2011
Press Release: Global Peace And Justice Auckland

S'bu Zikode – New Zealand visit 1st – 13th September 2011

South African President Jacob Zuma may have cancelled his visit to New Zealand for the World Rugby Cup but a much more significant visitor will be arriving late tonight.

S'bu Zikode has been invited to New Zealand by Global Peace and Justice Auckland as part of the 30th anniversary of the 1981 Springbok tour.

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Celebration of the 6th Anniversary of AbM

25 August 2011
Abahlali baseMjondolo Press Statement

Celebration of the 6th Anniversary of Abahlali baseMjondolo Movement S.A.

 



Gogo Shange Speaking at the 6th Anniversary Celebration of Abahlali baseMjondolo

 

“What, then, shall we say in response to these things? If God is for us, who can be against us? He who did not spare his own Son, but gave him up for us all—how will he not also, along with him, graciously give us all things? Who will bring any charge against those whom God has chosen? It is God who justifies. Who then is the one who condemns? No one. Christ Jesus who died—more than that, who was raised to life—is at the right hand of God and is also interceding for us. Who shall separate us from the love of Christ? Shall trouble or hardship or persecution or famine or nakedness or danger or sword? As it is written: “For your sake we face death all day long; we are considered as sheep to be slaughtered.” Romans 8: 31-36

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S’bu Zikode’s Presentation at the Fanon Colloquium, Rhodes University, July 9, 2011

http://thinkingafricarhodesuniversity.blogspot.com/2011/08/sbu-zikodes-presentation-at-fanon.html

S’bu Zikode’s Presentation at the Fanon Colloquium, Rhodes University, July 9, 2011
(rough transcription)

The idea that shack dwellers can think and that Abahlali can sustain its autonomy has created a crisis. There is a price to be paid for such thinking, for such autonomy.

The university is slowly opening spaces for grassroots organizations and some of us have fought hard for a relationship of equality between grassroots organizations and the university. We appreciate that Nigel Gibson has brought Fanon into conversation with us, with our struggle and our thinking. The conversation has been very rich and also difficult. We speak of Fanon from our own working environment. What hasn’t been covered in these 4 days is that Fanon was an activist, committed to daily work with people, talking with people.

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Statement on the Return to Kennedy Road

21 August 2011
Abahlali baseMjondolo Press Statement

Statement on the Return to Kennedy Road

Those members of the ANC that attacked our movement in September 2009, that banned our movement in the Kennedy Road settlement after the attack on the pain of death, that destroyed and looted our homes for months, that sold our sites to new people, that made death threats to state witnesses in the trial that followed the attack on our movement and attacked one witness and issued public death threats against many of us have now run to the media to say that they are scared of the return of the displacees to Kennedy Road. They have even gone to the police to ask that we must be prevented from returning to the settlement. They are trying to present themselves as victims.

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AbM Women’s League 2011 AGM

8 August 2011
Abahlali baseMjondolo Woman’s League

Making the women’s voice heard and ensuring that full gender equality remains a priority for social movements and other demanding deep change and transformation

 



Four Hundred Women Attended the AbM Women's League AGM, eMmaus, Pinetown, 9 August 2011

 

The Abahlali baseMjondolo Woman’s League of S.A was formed in 2008 at a meeting in the Kennedy Road settlement. It was formed to strengthen the fight against poverty, evictions and all forms of abuse. The Abahlali Women’s League has struggled against gender inequality as we believe that we are all equal in front of the eyes of God and that we should all be treated equally.

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eThekwini Municipality Shoots Sixteen Year Old Boy in Kennedy Road

Update: 5:03 p.m. A second boy of a similar age was also shot. He has also been admitted to hospital.

6 August 2011
Abahlali baseKennedy Statement

Sixteen Old Boy, the Son of Witness X, Shot by the State in Kennedy Road

This morning the eThekwini Municipality launched another armed raid on the Kennedy Road shack settlement to try and disconnect the people from electricity. As usual there was resistance, unarmed resistance, to this attack from the Municipality. The Municipality's security guards responded by firing live ammunition at the protesters.

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All Charges Dropped Against the Grahamstown Four

3 August 2011
Unemployed People's Movement Press Statement

All Charges Dropped Against the Grahamstown Four

Yesterday all charges were dropped against the Grahamstown Four – Ayanda Kota, Xola Mali and Nombulelo Yami of the Unemployed People's Movement and Ntombentsha Budaza of the Women's Social Forum – in the Grahamstown Magistrate's court. This was the forth time that the four had had to appear in court since they were arrested on the 10th of February 2011.

On the 9th of February there was a protest against rape and the lack of water in parts of Grahamstown. The Municipality illegally and unconstitutionally banned the protest and people responded by occupying the Municipal offices. A meeting was promised but after it failed to materialise a road blockade was organised in the Phaphamani squatter camp. Some civil society organisations are uncomfortable with the road blockade as a tactic but around South Africa and around the world the road blockade has emerged as a key weapon of the unemployed who cannot strike.

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CounterPunch: No Easy Path Through the Embers

http://www.counterpunch.org/pithouse08012011.html

No Easy Path Through the Embers

By RICHARD PITHOUSE

In Texaco, his novel about the history of a shack settlement in Martinique, Patrick Chamoiseau writes of a “proletariat without factories, workshops, and work, and without bosses, in the muddle of odd jobs, drowning in survival and leading an existence like a path through embers.” But Texaco is also a novel of struggle, of struggle with the “persistence of Sisyphus”- struggle to hold a soul together in the face of relentless destruction amidst a “disaster of asbestos, tin sheets crates, mud tears, blood, police”. Texaco is a novel of barricades, police and fire, a struggle to “call forth the poet in the urban planner”, a struggle to “enter City”. It's about the need to “hold on, hold on, and moor the bottom of the your heart in the sand of deep freedom.”

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Dancing and tears and moving forward at Kennedy Road

Dancing and tears and moving forward at Kennedy Road
A statement of solidarity to Abahlali baseMjondolo from CLP
July 2011

All of us at CLP [Church Land Programme] were so happy when the 'Kennedy 12' were finally acquitted this week. We congratulate the movement on this victory and for the strength you have all shown throughout the process. We were proud and privileged to find some practical ways of helping during the ordeal. From the times we were able to see some of you in prison and in court, and during the time we were able to provide you with shelter in safe accommodation, the 'Kennedy 12' became much more than a group of 'the accused' to us. We got to know you well as real people.

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The City of Cape Town has created this war in Blikkiesdorp

29 July 2011
Press Release

The City of Cape Town has created this war in Blikkiesdorp

We warned the City.
We warned the courts.
We warned the public.

Fearing for our lives and with a heavy heart, we write this to tell Zille, Plato and de Lille and say: We told you so!

Yesterday, the morning of the 28th of July, Blikkiesdorp exploded into a full-scale drug war.

This is what we warned the government against when we resisted our eviction to Blikkiesdorp from the pavement of Symphony Way. The shacks we built ourselves were better than the shacks that our City has built and dumped us in.

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Cape Times: Show of strength outside court

http://www.capetimes.co.za/show-of-strength-outside-court-1.1107618

July 28 2011

Show of strength outside court

Shanti Aboobaker, Leila Samodien and Lauren Isaacs

THEY came en masse, bearing placards and chanting as they gathered on the steps of the Western Cape High Court yesterday.

This as about 300 members of the Mitchells Plain Backyarders Association – supported by the Western Cape Anti-Eviction Campaign, Communities for Social Change, the Mandela Park Backyarders and Abahlali baseMjondolo associations – waited outside the court to hear the outcome of the case in which they face being removed from land they were occupying illegally.

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We March Today in Defiance of the City of Cape Town!

27 July 2011
Press Release by the Western Cape Anti-Eviction Campaign

We March Today in Defiance of the City of Cape Town!

With or without the permit from the city, today, we will be marching first to the High Court and then to the offices of the City of Cape Town. In terms of the Gatherings Act, when we want to march, the law says we must notify the city and SAPS within 7 days. The law further suggests that if the city refuses to grant a permit they need to provide us with written reasons after meeting in person with the organisers of the march. The City has not fulfilled its legal obligations and therefore the march is 100% legal.

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Displacees Return to Kennedy Road

Tuesday, 26 July 2011
Abahlali Press Statement

The Kennedy Road Development Committee, the Kennedy 12 and other Displacees Return to the Kennedy Road Settlement

Our acquittal in court without freedom to return to resetting our feet in Kennedy Road would be pointless.

 



The ruins of Mondli Mbiko's home in Kennedy Road

 

After two and half year the Kennedy Road Development Committee, members of the Kennedy 12 and their relatives, as well as some members of AbM, went to Kennedy Road on Sunday to check on their homes and sites that they were residing on when our movement was attacked. We were about a hundred people.

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Cape Town Municipality Tries to Deny the Right to March

Press Release

With or without the permit from the city our march to Cape town high court then to the city of Cape Town goes ahead. in terms of gatherings act when we want to march, the law says we must notify the city and SAPS within 7 days. And the law further suggests that if the city refused to grant permit they need to provide us with written reasons, and they have not done it yet, so we are going to stick to the law and go ahead with our march. It's up to the city if they want to make relevant authorities to be present during our march. Till then Aluta Continua

1. The poor communities of the Western Cape will no longer dance to the tune (service delivery) of government. Which mean the poor will take their land in South Africa.

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Dear Mandela World Premier, Durban, Tuesday, 26 July 2011

DEAR MANDELA TO HAVE WORLD PREMIERE AT DURBAN INTERNATIONAL FILM FESTIVAL

DOCUMENTARY SHINES LIGHT ON UNCONSTITUTIONAL FORCED EVICTIONS AND A NEW
GENERATION OF BORN-FREE STRUGGLE LEADERS

On Tuesday together with the public, 150 Abahlali BaseMjondolo
members will watch their remarkable story unfold on the big screen: How
they stood up to protect their community against Red Ants, bulldozers,
assassination attempts and forced removals, all eerily reminiscent of the
Apartheid-era.

Dear Mandela will have its world premiere at The Elizabeth Sneddon
Theatre on Tuesday, 26 July 2011 at 18:00 as part of The Durban

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DLF Statement on the Kennedy 12

19 July 2011
Democratic Left Front

Press statement: Celebrate the acquittal of the Kennedy Road 12! Investigate the role of the SAPS and the ANC in the September 2009 attack on Kennedy Road

 



Mnikelo Ndabankulu speaks outside the court

 

The Democratic Left Front (DLF) salutes the 12 members of Abahlali BaseMijondolo (AbM) from Kennedy Road in eThekwini who were acquitted of all charges of murder. Their arrest and trial followed a September 2009 attack on AbM in the Kennedy Road informal settlement eThekwini. All evidence pointed fingers at ANC-mobilised and police-supported attackers who were heavily armed and used ethnicity part of their strategy. ANC involvement in the attack was confirmed by ANC provincial statements that heralded this attack as the ‘liberation’ of the area. For months after the attack the homes of AbM leaders were openly and publicly attacked with impunity by the local ANC. Many had to leave the area.

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HALALA FOR the Kennedy 12

HALALA FOR the Kennedy 12

We see this as a great day for the 12, their families, their movement and the struggle of the poor in South Africa. From day we as the SDCEA were suspicious of the so called charges that were brought against Abahlali comrades ,we believed that these were trumped up to destroy the movement of the poor.We as the South Durban Community Environmental Alliance wish to extend our deepest congratulations to our comrades and our brothers in the movement for their steadfast resolve to challenge this injustice since their arrest.

We will continue to stand by the poor no matter what the situation . We have heard in the courts the false evidence presented from some of the witness presented and knew this could never stand the test of the truth as it was clear that there was no evidence against any of the accused and that there had been an attempt to frame them.

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DEAR MANDELA World Premiere in Durban on July 26, 2011

Feature-length documentary film
Directed by Dara Kell & Christopher Nizza

When their shantytowns are threatened with mass eviction, three ‘young lions’ of South Africa’s new generation rise from the shacks and take their government to the highest court in the land, putting the promises of democracy to the test.

DEAR MANDELA will World Premiere at the Durban International Film Festival on July 26, 2011.

www.dearmandela.com

© SLEEPING GIANT, 2011

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SERI Statement on the Kennedy 12 Trial

Socio-Economic Rights Institute of South Africa (SERI)
[Media Release, 18 July 2011]

"Kennedy 12" Acquitted

Magistrate criticises “dishonest” and “unreliable” witnesses

Twelve members of Abahlali baseMjondolo – a shackdwellers movement based in Durban – brought to trial on spurious charges ranging from public violence to murder, were acquitted today in the Durban Regional Court.

The activists were prosecuted in the aftermath of the attacks on Abahlali’s members residing in the Kennedy Road Informal Settlement on 27 and 28 September 2009. Abahlali members were evicted from the settlement by an armed gang associated with the local branch of the African National Congress (ANC) while the police looked on.

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Victory in the Kennedy 12 Trial!

18 July 2011
Abahlali baseMjondolo Press Statement

The Victory in the Kennedy 12 Trial is a Victory for all the Poor in South Africa

The Kennedy 12 have been acquitted of all the charges bought against them after the attack on our movement in September 2009. It is a great day for the 12, their families, our movement and the struggle of the poor in South Africa.

 

 




 

 

We wish to begin by extending our deepest, heartfelt gratitude to all our comrades and our partners around the world who have supported the 12 and our movement since the attack. We must thank our Alliance partners, the Rural Network, LPM, and the AEC; our comrades in the UPM and the Zabalaza Anarchist Communist Front; Bishop Rubin Philip of the Anglican Church of Southern Africa, the Diakonia Council of churches, and all the other church leaders that stood with us; the German churches; the Church Land Programme; the Human Rights organization around the world, particularly Amnesty International, the Centre for Constitutional Rights (CCR) in New York; our comrades in the grassroots organisations in the US from Chicago to New York City and the Bay Area in California, our comrades in Moscow (Russia), Italy, New Zealand, the United Kingdom, Germany, Austria and Belgium. We also want to thank all the academics and leading scholars who signed a powerful petition in our support and all those who academics who wrote articles in our defence while we and our supporters were under attack. Most importantly we want to thank our Legal Team from the Socio-Economic Rights Institute (SERI). There are so many of you, we cannot mention you all by name, but we thank you all. We are not alone in this struggle.

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Statement by Methodist Bishop Michael Vorster on the Acquittal of the Kennedy 12

STATEMENT BY BISHOP MICHAEL VORSTER
NATAL COASTAL DISTRICT – METHODIST CHURCH OF SOUTHERN AFRICA

ON THE ACQUITTAL OF THE “KENNEDY 12”

In September 2009, a violent attack took place in the informal settlement known as Kennedy Road in Durban, wherein two people died. A group of young men from the shackdwellers’ movement, Abahlali baseMjondolo, were arrested, detained and eventually charged with several crimes, including murder. After many months and numerous delays two were released, leaving twelve who became known as the “Kennedy 12” and who were to face a long and protracted legal process which was fraught with suspicion and allegations of political interference.

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Halala Abahlali baseMjondolo! A Victory for One is a Victory for All!

Monday, 18 July 2011
Press Statement by the Unemployed People’s Movement

Halala Abahlali baseMjondolo! A Victory for One is a Victory for All!

 



Rev. Mavuso celebrates outside the court

 

In September 2009 Abahlali baseMjondolo was violently attacked by the local ANC in the Kennedy Road squatter camp in Durban. The attackers were armed and shouted ANC and ethnic slogans. To their eternal and permanent disgrace the provincial ANC heralded this attack as the ‘liberation’ of the area. For months after the attack the homes of Abahlali baseMjondolo leaders were openly and publicly destroyed with impunity by the local ANC.

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Victory for Abahlali baseMjondolo – Defeat of our detractors!

18 July 2011
Press statement of Bishop Rubin Phillip on the acquittal of the 'Kennedy 12'

FOR URGENT AND IMMEDIATE RELEASE

Victory for Abahlali baseMjondolo – Defeat of our detractors!

We celebrate the victory that the shack-dwellers' movement, Abahlali
baseMjondolo, has won in court today where ALL of the 'Kennedy 12' have finally
been acquitted of ALL charges against them.

 



Bishop Rubin Phillip

 

For three years, since the violent attacks on Kennedy Road in 2009, we have

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Why We Continue to Struggle Rather than Celebrating Freedom on Mandela Day

17 July 2011

Revolutionary radicals recalcitrant in their reflective refusal to revere “freedom days” are dubbed as reactionaries by our “democratic state”.

by Reverend Mavuso Mbhekeseni, Rural Network

The South African calendar is full of days on which we are asked to celebrate our freedom. There is Human Rights Day, Freedom Day, Worker's Day, Youth Day, Mandela Day, Women's Day and Heritage Day. These days are turned to months. Those of us who refuse to celebrate these days and months as if the struggle is over and who insist that the struggle goes on are called reactionaries.

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The Kennedy 12 Will be Back in Court on Mandela Day

17 July 2011
Abahlali baseMjondolo Press Statement

The Kennedy 12 Will be Back in Court on Mandela Day

We wish to remind all our comrades and friends that we will be back in court, for the third part of the trial of the Kennedy 12, on Monday 18 and Tuesday 19 July 2011. You are all invited to join us at the court.

While the rest of the country and the world will be celebrating Mandela Day by remembering the struggle of Tata Mandela we will be celebrating our daily Mandela Day in court where we continue to face state repression in the third year since our movement was attacked in the Kennedy Road settlement.

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From Shooting to Brutally Beating by the Farmers

15 July 2011
Rural Network Press Statement

From Shooting to Brutally Beating by the Farmers

On 05 March 2011, Mr. Nayetsheni Lymon Ndlozi was brutally beaten by the farm owner of Vaalbarn Farm in Utrecht. At the time of the attack Mr Ndlozi was going to fetch his cows that had been impounded by the farmer Mr Johan Landman and his son. Mr Ndlozi a 62 year – old man is a farm labour tenant who claimed Uitkom farm and was vindicated by the Newcastle Court. The farm used to belong to Mr Landman’s father and he was very much angry about the judgment. He was trying to use the attack on the Ndlozi family as a way of constructive eviction.

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Police & Municipal Security Break the Ward Councillor’s Promise & Return to Kennedy

04 July 2011
Abahlali baseMjondolo Press Statement

Police & Municipal Security Break the Ward Councillor's Promise & Return to Kennedy

Yesterday the new ward councillor Bhekisani Ngcobo arrived at a road blockade erected to defend the community against armed de-electrification by the eThekweni Municipality and promised residents of the Kennedy Road shack settlement that the municipality would stop trying to disconnect them from electricity. Today the Municipal Security Guards arrived, with police back up, and tried to continue to disconnect the people. The people resisted and organised another road blockade. Right now the police have stepped back but it may be that they are waiting for reinforcements.

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Diary of Alfred Moyo from the Deposed Makause Development Forum – Part 2

SMS diary – Follow-up on Makause Development Forum’s ousting by the ANC, and its remobilisation

27 June 2011 (evening) – Today Michael and I consulted with SERI to get their legal advice on this matter. Unfortunately there’s not much that they can do and we also highlighted the negative involvement of the SAPS which might also compromise our personal safety and Makause more as threats of burning down our shacks and looting the Somalians’ shops made in police presence. So we and SERI agreed on strategic approaches of dealing with these challenges: 1) to remobilise the community through section by section mass meetings with the assistance/presence of SERI starting this coming Wednesday … (rest of sms missing and not recovered)

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Municipal Security and Shack Dwellers Clash in the Kennedy Road Settlement

Sunday 3 July 2011
Abahlali baseMjondolo Press Statement

Municipal Security and Shack Dwellers Clash in the Kennedy Road Settlement this Morning
Attempt at Armed De-electrification Successfully Resisted

This morning Municipal Security Guards arrived at the Kennedy Road shack settlement and began disconnecting people from electricity. The community had previously negotiated an understanding with the Municipality that they would not send their security guards into the settlement to disconnect. However this morning this agreement was violated and the people resisted the disconnections. There was a confrontation,rubber bullets were fired and stones were thrown. A young man was shot in the chin with a rubber bullet at close range. A road blockade was then organised following which both the SAPS and the Metro Police arrived on the scene. But the attempt to disconnect people from electricity was successfully resisted.

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Climate Change in the Shacks

CLIMATE CHANGE IN THE SHACKS

Climate change is one of the main issues facing the world at this moment. We all know that when things go wrong, like when there is an earthquake or a flood, or a drought, poor people are most vulnerable. And usually the response to these disasters is a second disaster for poor people. For instance in Sri Lanka the so-called ‘development’ after the Tsunami forcibly removed fisherfolk from their coastal land to give it to developers to build hotels. Sometimes the attempts to prevent disaster are also a disaster for the poor. In South Africa when it is acknowledged that we as a country are using too much electricity it is not the big companies or the rich that have the police and the security guards kick down their doors to disconnect them. In some other countries in Africa poor rural people are being forced off their land so that it can be used for bio-fuels. Maybe this will slow down climate change but why must it be the poor people in Africa that must pay the price for this? They are not the ones that caused the problem. The ones that caused this problem are the rich, especially in America and in Europe.

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Diary of Alfred Moyo from the Deposed Makause Development Forum

The Makause Informal Settlement Forum in Primrose, Ekurhuleni was overthrown today by the local ANC with the support of the SAPS. The Makause Forum is an independent structure that had been democratically elected to represent the community. Some individual members of the committee have links to the ISN but the committee as a whole remains independent. The overthrow of another community structure by an ANC mob, backed with police support, brings back painful memories for Abahlali baseMjondolo and we are in full solidarity with the Makause Forum. We call on comrades in Johannesburg to show active support to the comrades in Makause and for everyone in this country who calls themselves a democrat to insist that the poor have the full right to organise themselves autonomously from the ANC if that is their wish. This insistence remains useless for as long as it remains abstract and something spoken about in conferences. Solidarity must be concrete, a living force on the ground.

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Julius Malema is a Demagogue

Julius Malema is a Demagogue and his Nationalization Would be Nothing but a Massive Public Subsidy for the Rich

by Ayanda Kota, Chairperson of the Unemployed People's Movement, Grahamstown

The mass movements that have raised progressive governments to power in Latin America, the global financial crisis, the recent uprisings in the Arab world and the ongoing rebellion of the poor in our own country have all created more space for the left. The days when so many people believed that there was no alternative to capitalism and imperialism are passing. Socialism is back on the agenda. It is clear to many people that we cannot continue to organise our economy around the interests of big capital while leaving the people to suffer as they are.

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Two Families Evicted in eNkwalini – Forty More Under Threat

Two Families Evicted in eNkwalini – Forty More Under Threat

The Mbambo and Shobete families have had their homes destroyed by a farmer, Louis John Nel, in eNkwalini which is between eShowe, Melmoth and eMpangeni. Around fifteen people have been left homeless as a result of the eviction. These people were born on this land. They are now sleeping in their friends and neighbour’s homes. They have been given a document which indicates that around 40 homes will be demolished in total.

The farmer claims to have bought the land in 2008 and he has a title deed. He has no court order for the eviction but a notice was put up on the 17th of June instructing the two families that they must be in court in Pietermaritzburg on the 21st of June. The notice of motion was also sent to the Municipality, the Department of Land Affairs and Rural Development and the local Inkosi, Mr. S.T. Zulu. The Inkosi invited the farmer and the Department to a meeting to discuss the matter but the farmer refused.

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Where is the Freedom Charter?

http://www.pambazuka.org/en/category/features/74103

Where is the Freedom Charter?
Lindela S. Figlan

Before the government can use its muscle to pass the Protection of Information Bill, let me ask a question. It is a very good question and all those who are unhappy have got this question in their mind. Where is the Freedom Charter?

 



Comrades from the Right to Know Campaign at the AbM YL event, 16 June 2011, Motala Heights

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Bring Back the Truth and Dignity from 1976

Tuesday, 14 June 2011
Abahlali baseMjondolo Youth League Press Statement

BRING BACK THE TRUTH AND DIGNITY FROM 1976

 



The AbM YL Youth Day event, 16 June 2011, Motala Heights

 

On Youth Day this year the nation will be celebrating 35 years since the struggle of the youth that died for Freedom, Democracy, Justice and Equality in 1976. We as Abahlali youth agree that the courage of the youth of 1976 must be celebrated. But we also wish to bring back the truth and the dignity of those youth that sacrificed with their lives in 1976. We need to make that truth and dignity a living force now. The struggles of the past must not be misused to silence the struggle of the present. The struggles of the past must be used to support the struggles of the present. Every generation must be free to take their own struggle forward.

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Nyanzelisa i… Right 2 Know

Nyanzelisa i… Right 2 Know

Nqanda umthetho we mfihlelo!!!

Iinzuzo zomzabalazo wenkululeko zibekwe emngciphekweni yi-Protection Of Information Bill – POIB exoxwa nguRhulumente sithetha nje. Le-Bill ifana nqwa nale mithetho yengcinezelo. Le-Bill icinezela abanolwazi ngolwaphulo mthetho nokufumaneka lula nama xwebhu emfihlelo.

Naliphi isebe lika-Rhulumente, lingakwazi ukthi amaxwebhu ka rhulumente ayimfihlelo, lonto isenze ilizwe elinee mfihlelo ezininzi. Amagosa ka-Rhulumente, akhomfuneko bacacise xa efuna ukufihle izinto. Akuyakubakho nto okanye ikomiti eqinisekisa ukuba, ukukho zinto ezifihlwa eluntwini, ekumele ukuba luyayazi.

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Another Shack Fire Destroys Families’ Homes in Siyanda

Monday, June 13, 2011
Abahlali baseMjondolo Movement Press Statement

Another Shack Fire Destroys Families' Homes in Siyanda

South Africans are still recovering from the heavy rains that caused a lot of damage and flooding especially to poor communities. In Siyanda people have to deal with fire as well as flood. The Shange family, the Buthelezi family and one other family have all been left homeless after a fire that destroyed three shacks in Siyanda B Settlement on Saturday, 11 June 2011 during the broad day light.

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Intimidation and death threats against Somalian traders in Gugulethu

5 June 2011 – Gugulethu AEC press alert

Intimidation and death threats against Somalian traders in Gugulethu

The Gugulethu Anti-Eviction Campaign has just been informed of serious threats to the well-being of Somalian shopkeepers in Gugulethu and the surrounding area. The shopkeeprs informed AEC members today of the threats and AEC is afraid of a repeat of the 2008 attacks which led to the death of dozens and the displacement of thousands. During those attacks, Gugulethu AEC successfully brokered an agreement to prevent the fighting (see here and here).

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UFrantz Fanon waziwa kakhulu njengomunye wezinculabuchopho zomzabalazo wenkululeko eAfrika.

UFrantz Fanon waziwa kakhulu njengomunye wezinculabuchopho zomzabalazo wenkululeko eAfrika.

 

 




Frantz Fanon: 1925 – 1961

 

 

Wazalelwa esiqhingini sase Martinique ngo 1925. I Martinique yayibuswa ngaphansi kwengcindezelo yombuso waseFrance. Abantu abahlala khona kwakungabokudabuka eMartinique, kanye nabase Afrika ababelethwe ngaphansi kohlelo lokuthumba abantu base Afrika benziwe izigqila kanye nabokudabuka eNdiya ababelethelwe ukuzotshala umoba eMartinique ukuze uthunyelwe eFrance.

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ANC Branch Threatens Attack on the Leadership of the Makause Shack Settlement

Abahlali baseMjondolo stands in full solidarity with the democratically elected leadership of the Makause settlement as they face threats of violence from the ANC branch in Primrose. We are far away in distance but close in spirit and we will do all that we can to mobilise support for the comrades in Makause as their community politic faces the threat of repression from party politic. As our experience shows very well these threats must be taken very seriously by all democrats.

Makause Press Statement
Sunday 29 May 2011

Primrose ANC Branch Threatens Attack on the Leadership of the Makause Shack Settlement in Ekurhuleni

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Evictions and Intimidation Continue in Many Shack Settlements After the Local Government Elections

Abahlali baseMjondolo Press Statement
Wednesday, 25 May 2011

Evictions and Intimidation Continue in Many Shack Settlements after the Local Government Elections

On the day after the election, 19 May 2011, the eThekwini Municipality’s Land Invasion Unit arrived in our settlements. Mr Mdletshe from the Land Invasion Unit arrived with his team to demolish shacks in Arnett Drive, Reservoir Hills. When talking to residents there Mdletshe was very rude and violent to Abahlali. He pointed at Sam Jaca and threatened him saying he is the one that took him to the High Court. Mdletshe's team them demolished two shacks leaving the families homeless. They had no court order and were acting without any respect for the law, the court, the community or the families that they left homeless.

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Can Youth Show the Way?

Can Youth Show the Way?

Zodwa Nsibande
(Talk to the 'Democracy Forum', UKZN, Pietermaritzburg, Friday 13 May 2011)

Yes we can. In isiZulu we have a saying that says “Inkunzi isematholeni” – The bull is in the calves. If we are taking about the youth that have made a mark in our history we should not end the conversation without talking about the youth of 1976. And then you will ask the question “Where are youth of today?”. You will get the answer within the blink of the eye, “They are in the taverns”. Yes some of them are there. But they are not all there by choice. Many are there due to this capitalist system that is governing our country and puts some of us in heaven on earth and others in hell on earth. Many people are drinking to dull their pain in a world that offers them no future. But there are others who are committed to uplifting their communities. In our movement, Abahlali baseMjondolo, and in many of the struggles around the country that have made the rebellion of the poor young people have been in the forefront.

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No Land! No House! No Vote! Summit (Our votes are conditional)

No Land! No House! No Vote! Summit (Our votes are conditional)

On the 14th of May 2011 the No Land! No House! No Vote! Summit will be held at Mandela Park, by the Mandela Park Backyard Dwellers.

While the Democratic Alliance will be hosting it's final National Campaign Rally at the O.R. Thambo community hall on the 14th May 2011, Abahlali baseMjondolo Western Cape will be joining the Mandela Park Back yard dwellers in their No Land! No House! No Vote! Summit.

ABM WC would like to appeal to many voters who have not yet decided to vote, not to sell their votes to any political parties. We are saying our vote is precious and is not for sale and that our vote is conditional.

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Gugulethu community submited grievances to municipality – vow protests if not heard!

http://antieviction.org.za/2011/05/10/gugulethu-community-submited-grievances-to-municipality-vow-protests-if-not-heard/

Gugulethu community submitted grievances to municipality – vow protests if not heard!

The Gugulethu Anti-Eviction Campaign held a protest today which converged on Fezeka Municipality Offices in Gugulethu. Poor and unemployed residents came from all over Gugulethu, KTC, Crossroads and Nyanga to have their voices heard.

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Makhaza Land Invasion

Makhaza Land Invasion

Abahlali baseMjondolo Western Cape support the initiative of creating community from below by Makhaza back yard dwellers.

Within the city of Cape Town there is a backlog of housing for more than 500 000 people and this number increase by 20 000 while the city of Cape Town can only afford to build 8 000 houses per year.

It is clear that people who are in the waiting list and those living within informal settlements will have to wait more than 30 years before they can access decent houses within the city of Cape Town.

For the past few days people of Makhaza at section 36 have been building their own shacks at an open space of unused land for more than 17 years, most of these people have been in the waiting for more than 15 years.

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Shack Fire Takes a Life in eMmaus

Abahlali baseMjondolo Press Release
Sunday, 1 May 2011

Shack Fire Takes a Life in eMmaus

At 04h00am this morning a candle was accidentally knocked over in a shack in New eMmaus in Pinetown. Mr. Zulu (33), the owner of the shack, was burnt to death as the fire destroyed his shack.

The fire brigade and the police were called but by the time they came the damage was already done and Mr. Zulu was already dead. Yesterday in a separate incident the Jadhu Place shack settlement in Clare Estate was on fire as well. There has been a wave of shack fires across the country since Easter. A number of people have burnt to death. Winter is here and the poor are burning once again.

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The Kennedy 12 Return to Court for Part Two of their Trial

Abahlali baseMjondolo Press Release
Sunday, May 01, 2011

The Kennedy 12 Return to Court for Part Two of their Trial

Abahlali baseMjondolo will return to the Durban magistrate’s court on Tuesday 3 May 2011 to support the twelve men who have become victims of the political conspiracy to disguise the reality of the armed attack on our movement that took place in the Kennedy Road settlement on the 26th and 27th of September 2009. That attack displaced hundreds of women, men and children and the resulting conflicts left some people with serious injuries and two people dead.

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Inkulumo kaMengameli wa-Bahlali baseMjondolo ngo suku lokugubha ukungakhululeki kwaBahlali

Inkulumo kaMengameli wa-Bahlali baseMjondolo(Sbu. Zikode) ngo suku lokugubha ukungakhululeki kwaBahlali. (Unfreedom Day Rally)

27 Epreli 2011

Mqondisi wohlelo, Sekela Mongameli waBahlali, Sihlalo waBahlali baseMapulazini, Baholi bezenkolo, Izinduna, Kennedy 12, Church Land Program, Streetnet, CHOSA, UPM, South Durban Environment Community Alliance, Student from the SIT, Foreman Road Development Committee, Bahlali baseMjondolo.

 

 




 


UnFreedom Day 2011

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Not Yet Uhuru

This letter has now been published in the Mail & Guardian as an article.

NOT YET UHURU

Dear Editor

On the 27th of April 1994 the people of this country stood in long queues for many hours, waiting to cast their vote for the first time. In some parts of the country the weather was indeed hostile, freezing cold, while in other parts of the country it was scorching hot. Our people were voting for the first time, voting for an end to racism and for democracy and a better life – for jobs, free education and decent housing. Over and above their vote for their material needs to be met they were voting for their freedom. Or so they were made to believe!

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Our Sadness on UnFreedom Day

Our Sadness on UnFreedom Day

Western Cape Anti-Eviction Campaign
27 April 2011

For the poor in South Africa, there is no freedom.

Today from 10am till 2pm, the movements will come to QQ Section Informal Settlement for an UnFreedom Day rally. QQ was the victim of a huge shack fire just before Christmas in 2010 so the location is fitting for our Shack Fire Summit

The Anti-Eviction Campaign, Abahlali baseMjondolo, the Backyarders, the Landless People's Movement, and other communities of people living in poverty throughout South Africa are not going to celebrate Freedom Day. Instead, we are going to mourn it. The 27th of April, to the poor, is a day of mourning.

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27th April UnFreedom Day Mass Rally at QQ Shack Settlement, Khayelitsha

27th April UnFreedom Day Mass Rally at QQ Shack Settlement, Khayelitsha

Tomorrow the 27th April, most people through out the country will be celebrating 17 years of our so called freedom or democracy.

Abahlali baseMjondolo Western Cape joined by Mandela Park Back yard dwellers, Gugulethu Anti-eviction Campaign, Delft Anti-eviction Campaign, Langa Concerned group from Langa TRA's and by many other community based organizations including pastor Xola Skosana who led a march from Gugulethu to Khayelitsha on the 23rd April under the campaign 'Welcome to Hell South African Townships' will be hosting a shack fire summit at QQ informal settlement from 10: am till 13:00 pm.

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No Freedom for the Forgotten

Abahlali baseMjondolo KZN Press Statement
21 April 2011

No Freedom for the Forgotten

On the 27th April the whole country will be asked to commemorate the seventeenth year of so called “Freedom”.

We cannot forget that many people died and fought hard and with courage and determination to gain this freedom from apartheid. We honour those people all the time. Many of our members struggled in trade unions and in community organisations. We have members whose ancestors fought in the war fought from the Nkandla forest and in the rebellion on Nguza Hill. The struggle against apartheid is our struggle.

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Invitation to the Cape Town Shack Fire Summit

http://www.khayelitshastruggles.com/2011/04/re-invitation-to-shack-fire-summit.html

ABAHLALI BASEMJONDOLO MOVEMENT OF SOUTH AFRICA (WESTERN CAPE PROVINCE)
Website: khayelitshastruggles.com or www.abahlali.org
Email: abmwesterncape@abahlali.org office admin: 0732562036/073 4128 218

The above mentioned organization would like to invite your organization/ community/ area to a SHACK FIRE SUMMIT that will be held at QQ informal settlement site B Khayelitsha on 27 April 2011 from 10:00am to 13:00pm.

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D Section community to mobilise and return old lady to her rightful home

http://antieviction.org.za/2011/04/20/d-section-community-to-mobilise-and-return-old-lady-to-her-rightful-home/#more-4516

20 April 2011
Western Cape Anti-Eviction Campaign Press Statement

On the 20th of July 2010, right in the middle of the FIFA World Cup, Sheila Jacobs, a pensioner, was evicted from her home at D233 Khumbula Street in D Section, Khayelitsha. Phumla Maqasha arrived with the Sheriff of the Court and a contingent of police from Lingelethu SAPS, while she was watching a soccer match on TV.

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Police violence in Ficksburg is not anything new

http://www.businessday.co.za/articles/Content.aspx?id=140782

Police violence in Ficksburg is not anything new

by Steven Friedman

REALITY in our society is that which appears on prime-time TV. The outrage that has followed the beating and killing of Ficksburg activist Andries Tatane is a reassuring reminder that human values are deeply rooted here. But, as justifiable as the anger is, much of it seems based on a misapprehension — that the sort of police action that killed Tatane is new. Actually, all that is new is that the police were unwise enough to attack him in front of cameras, which beamed their acts into living rooms around the country.

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2nd week (a call for Madikizela to step down as MEC for human settlement continue

http://www.khayelitshastruggles.com/2011/04/re-2nd-week-call-for-madikizela-to-step.html

2nd week (a call for Madikizela to step down as MEC for human settlement continue

Tomorrow: 19th April 2011

Time: 10: am till 12:00

Place: Cape Town

Start point: Keizerngracht street, Cape Town (next to CPUT) (10: am)

Tomorrow the 19th April the call for Madikizela MEC for human settlement to step down as MEC continues, this follows a failure from him and his office to sign an undertaking that he will not ever again demolish people's structure or evict people within the Western Cape province without any order from the court.

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Freedom Day: KZN Subsistence Fisher Folks Take Back Their Traditional Fishing Grounds

KZN SUBSISTENCE FISHERS’ FORUM

JOIN TO TAKE BACK OUR TRADITIONAL FISHING GROUNDS

The purpose of this program of action is for fisher folks to take their fishing grounds back from their government. We encourage all fisher folks to join together and put pressure on all government to ensure that fishing as a livelihood, remains at the forefront of overcoming poverty. For too long government has ignored the rights of fishermen and support other users of the beaches and harbours because of our silence.

We need to unite and our defiance campaign can only be successful if we all come together .

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Protests in E Section set to continue after Thursday’s police violence

http://antieviction.org.za/2011/04/17/protests-in-e-section-set-to-continue-after-thursdays-police-violence/#more-4499

17 April 2011
Western Cape Anti-Eviction Campaign Press Statement

Protests in E Section set to continue after Thursday’s police violence

Residents have vowed to continue their protest against the eviction of a poor family and against Thursday’s police brutality that has left 3 residents seriously injured. Residents will submit a petition to police today and fight for the rights and dignity of resident’s vulnerable to greedy banks and politicians.

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Protest Day 2: The call for Madikizela, MEC for Human Settlement to resign continues tomorrow

A call for Madikizela, MEC for Human Settlement to resign continues tomorrow 14 April 2011

PROTEST DAY TWO

TIME: 10: AM TILL 12: PM

Tomorrows protest will be lead by QQ informal settlements to call on Madikizela to sign an undertaking that he will not ever again demolish people’s structure or evict people without any order from the court or to resign.

THE PROTEST WILL START@ KAIZERNGRACHT STREET, CAPE TOWN. (NEXT TO CAPE PENINSULA UNIVERSITY OF TECHNOLOGY)

For more info call: Nompumezo Nyakatyha ABM WC admin: 073 4128 218

For more comment call: Mzonke Poni ABM WC Chairperson @ 073 2562 036

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From Shooting to Brutally Beating by the Farmers

11 April 2011
Rural Network Press Statement

From Shooting to Brutally Beating by the Farmers

On 05 March 2011, Mr. Matshana Mdlozi was brutally beaten by the farm owner of Valban Plaza in Utrecht when he was going to fetch his cows that have gone through his plaza.

For several occasions the farm owners have taken law into their hands and walked scot free. For so many years the farm residents have been under pressure, living like they don’t belong to this country while the farm owners treat them like they are in prison. For too long it has been reported that the farm residents are being brutally killed with out intervention from the government yet they are the voters of South Africa. As this has been continuous by the farm owners Mr. Johan Landmann has taken the law into his hands by beating Mr. Matshana Mdlozi while he was going to fetch his cows in his plaza. As he was beating Mr. Mdlozi, the son of Mr. Landmann was watching Mr. Mdlozi crying for help but Mr. Mdolozi did not get any help from him. This is not the first time that Mr. Landmann has done this as he has once before beaten up Mr. Themba who is now disabled.

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Protest Day 1: A call for Madikizela, MEC for Human Settlement to resign

Protest Day 1: A call for Madikizela, MEC for Human Settlement to resign

PROTEST DAY ONE

Last week Abahlali baseMjondolo Western Cape made a call to MEC for human settlement MR. Bonginkosi Madikizela to sign an undertaking that he will never, ever again within the Western Cape Province demolish or evict people without any order from the court.

This follows number of illegal activities and intimidation carried by his office lead by him. ABM WC gave him seven working days to respond, and as an organization we were only expecting him to sign an undertaking that says he will not demolish people’s structures without following the legal route. A failure to sign such undertaking simply shows that he is arrogant and thinks that he is above the law.

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Open Letter to MEC for Human Settlement, M.R Bonginkosi Madikizela

Abahlali baseMjondolo Western Cape
No 28 Ramaphosa street site B
Khayelitsha
7784
www.khayelitshastruggles.com
cell: 073 2562 036

Department of Human Settlement
27 Wale Street Cape Town
Tel: 021 483 4466
Fax: 021 483 3888

To: MEC Bonginkosi Madikizela

RE: Undertaking not to carry any illegal eviction within the province

Dear MEC

Abahlali baseMjondolo Western Cape has observed with great concern for the past few months, your department and city of Cape Town have been engaging with unlawful activities on demolishing people’s structures and evicting people without any order from the court.

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ABM WC Welcomes Joe Slovo informal settlement constituional court judgement

http://www.khayelitshastruggles.com/2011/04/abahlali-basemjondolo-western-cape.html

ABM WC Welcomes Joe Slovo informal settlement constitutional court judgement

Abahlali baseMjondolo Western Cape welcomes the Joe Slovo Constitutional Court Judgement which was handed over Thursday last week. Which set aside the eviction order granted in June 2009.

While this is a victory for people of Joe Slovo who did not want to be evicted to Delft, we also note that:

1. If the previous Housing Minister Lindiwe Sisulu was not arrogant, and was willing to engage meaningfully with the residents of Joe Slovo the whole dispute between both parties would have been resolved outside the court and satisfactory decision to both parties would have been reached.

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March on the uGu District Mayor

Abahlali baseMjondolo Movement S.A
Press Statement Saturday, 26 March 2011

March on the uGu District Mayor to Demand that Nomusa Dube Extend Her Investigation into Corruption to the Vulamehlo Municipality

Abahlali baseMjondolo Movement S.A is a social movement that fights to protect and promote the interests of the poor in S.A. While our movement works hard to build and to sustain democratic structures in our communities, to organise our own community controlled projects and to secure land and housing in our cities we also work hard to partner with all government departments and development agencies that are willing to help to better the lives of our communities and to get rid of corruption wherever necessary.

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Abahlali baseMjondolo to March on the KwaZulu/Natal Premier on Human Rights Day

 




The March on Mlaba and Sutcliffe

 

Friday, March 18, 2011
Abahlali baseMjondolo Press Statement

Abahlali baseMjondolo to March on the KwaZulu/Natal Premier on Human Rights Day

Abahlali baseMjondolo Movement SA will be marching to the Durban City Hall on Monday, 21 March which is Human Rights Day. We will be joining other movements, organisations, communities and citizens and individuals of Durban and surrounding communities including street traders, flat dwellers, farm dwellers and shack dwellers. Together we will deliver a clear message to Mlaba, Sutcliffe and Naidoo that they have corrupted this city for too long and that their time is up.

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Invitation to All Those Seeking Political Office to Come Down to the People

Website: khayelitshastruggles.com or www.abahlali.org
Email: abmwesterncape@abahlali.org office admin: 073 2562 036/ 083 446 5081

Invitation to All Those Seeking Political Office to Come Down to the People

On the 21 March 2011 Abahlali baseMjondolo Western Cape will have a mass rally at the VE shack settlement in Khayelitsha from 10:00 till 13:00. Representatives of 15 communities will attend this rally. The aim of the rally is to launch our campaign for the 2011 local government elections, which is: No Land! No House! No Water! No Electricity! No Jobs! No Freedom! No Vote!

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Press Statement for 21st March 2011 (Human Rights Day)

http://www.khayelitshastruggles.com/2011/03/re-press-statement-for-21st-march-2011.html

Press Statement for 21st March 2011 (Human Rights Day)

On the 21 March 2011 Abahlali baseMjondolo Western Cape will have a mass rally at VE informal Settlement at 10:00 till 13:00.

The aim of the rally is to launch our campaign for the 2011 local government elections, which is: No! Land No! House No! Water No! Electricity No! Jobs No! Vote.

As much as this day was supposed to be celebrated as a Human Rights Day in South Africa and having one of the best constitution in the world which recognised the socio economic rights.

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Statement of Solidarity with the Haitian People

Abahlali baseMjondolo Statement
10 March 2011

Abahlali baseMjondolo Statement of Solidarity with the Haitian People

When we began our struggle in 2005 we said that struggle was a school. We declared that each settlement was not just a land occupation that had been organised under apartheid and that now had to defend itself against a democratically elected state aiming to drive the poor out of the cities. We declared that each settlement was also a community and, when it was democratised and people were freely discussing their lives and struggles together and as equals, it was also a kind of popular university.

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Ayikho impunga yehlathi

Press Statement from Abahlali baseMjondolo Movement SA.
Wednesday, 9 March 2011

 


Ayikho impunga yehlathi

 


(There is no place to hide in the world)

 

 

The truth shall conquer; we will destroy all kinds of propaganda and attacks on our movement with the truth.

We wish to welcome the outcome of the report of the Auditor General and to salute the work of Ngubane and Company in responding to the calls made by our movement and by fellow South Africans over many years to rescue our city from corrupt politicians and officials.

Across South Africa so-called ‘housing delivery’ has become a way for politicians, party members and their friends and families to enrich themselves. Across South Africa poor people are in rebellion again this corruption of the promise that there shall be land and housing for all. Across South Africa poor people are in rebellion against this corruption of democracy. A refusal to accept corruption is often a main reason why people take to the streets.

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The Intimidation of Grassroots Activists Continues in Kennedy Road & Motala Heights

Abahlali baseMjondolo Press Statement
Tuesday 8 March 2011

The Intimidation of Grassroots Activists Continues in Kennedy Road and Motala Heights

At about 10:30 a.m. on Sunday the 20th of February Nozuko Hulushe, the chairperson of Abahlali baseMjondolo in the Kennedy Road settlement, went to fetch water. She was accosted by a man that she had never seen before. He rudely and aggressively demanded to wash his face in her bucket of water and she refused. After she finished he washed his face at the tap and then insulted her and assaulted her.

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Crises in the Food Commons: A conversation with best-selling writer, and valued comrade, Raj Patel

Church Land Programme
Monday 28 February 2011

Crises in the Food Commons

A conversation with best-selling writer, and valued comrade, Raj Patel

CLP is thrilled that Raj has managed to find some time to spend with us on 16th March while he is in South Africa for the "Time of the Writer Festival". With the working title "Crises in the Food Commons", Raj will link up his interest in the ongoing uproar about food prices and global food rebellions with forthcoming work about the Black Panthers movement and food sovereignty – and possibly test "some new ideas around education for commoning" he says. Over the years, Raj has been an indispensable resource for us, and many others, thinking politically about a range of issues around land, food, markets, politics and the emancipatory trajectories in the movements and militants that shape and resist them.

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Theft of Building Material in eMmaus

18 February 2011
Emergency Press Statement from Abahlali baseMmaus

Theft of Building Material in eMmaus

A company called Africon is currrently stealing shack dwellers' building materials in eMmaus, Pinetown. An employee of Africon, known as Mkhize, is leading this corporate thuggery. Khanyi Dlamuka, a young lady, has had to face this tyranny on her own in the small settlement at eMmaus as other residents are at work. However other comrades are rushing to eMmaus to support her.

 




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Abahlali baseMjondolo of the Western Cape Rejects DA Hypocrisy and Stands Firm for Press Freedom

Open Letter to DA Leader Helen Zille

Abahlali baseMjondolo of the Western Cape Rejects DA Hypocrisy and Stands Firm for Press Freedom

As a movement we have become used to the blatant hypocrisy of the DA over the years.

The DA says that it wants to crack down on crime and support the rule of law but then it engages in unlawful and criminal evictions, as in Macassar Village in 2009. In South African law any eviction without a court order is an unlawful and criminal act and yet the DA began to demolish shacks in Macassar Village without a court order on 21 May 2009. We went to court to secure an urgent interdict to stop the DA from engaging in these criminal attacks on the poor and we won that interdict and yet you then went ahead and demolished shacks in violation of that court order. The criminality of your municipal government here in Cape Town was condemned by local church leaders and international human rights organisations.

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UPM: The Rebellion of the Poor Comes to Grahamstown

There is a hotlinked version of this statement here and some video footage here.

Press Statement by the Unemployed People’s Movement, Grahamstown
Sunday 13 February 2011

The Rebellion of the Poor Comes to Grahamstown

The rebellion of the poor has been spreading from town to town, from squatter camp to squatter camp, since 2004. Last week it arrived in Grahamstown.

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The Politic of Land and Housing

The Politic of Land and Housing
Friday 11 February, 2011

I have been asked to speak on the politic of land and housing in our cities. I only get these invitations because of the strength of the movement of which I am part and so, on behalf of Abahlali baseMjondolo, I thank the University of Chicago African Civilizations Program for this platform.

The churches have rallied to our struggle in difficult times – after fires, after arrests, after beatings and of course after the violent attack in Kennedy Road settlement in September 2009. We know about the role that the churches have played in Brazil, Italy, Zimbabwe and in Haiti and we believe that the churches can play the same role here if they take a clear decision, as some church leaders bravely have already, to be with the people, to clearly take the side of the people instead of being just another ‘stakeholder’. Bishop Rubin Philip has stood strong in the politics of the poor.

The right to land and the right to housing remain huge problems in South Africa. These problems are not technical, they are political. These problems will not be solved by consultants’ reports, academic conferences at the ICC and meetings with the MEC at Suncoast or Sun Cities. These problems will be solved when the people who do not count in this system, the people that have no proper place are able to stand up and to take their place and to be counted as citizens of this country and our world.

Our politics starts by recognizing the humanity of every human being. We decided that we will no longer be good boys and girls that quietly wait for our humanity to be finally recognized one day. Voting has not worked for us. We have already taken our place on the land in the cities and we have held that ground. We have also decided to take our place in all the discussions and to take it right now. We take our place humbly because we know that we don’t have all the answers, that no one has all the answers. Our politics is about carefully working things out together, moving forward together. But although we take our place humbly we take it firmly. We do not allow the state and its councillors to keep us quiet in the name of a future revolution that does not come. We do not allow some NGOs or academics to keep us quiet in the name of a future socialism that they can’t build. We take our place as people who count the same as everyone else. Sometimes we take that place in the streets with teargas and the rubber bullets, sometimes we take our place in the board rooms and sometimes we take our place in other countries as we believe there are no human boundaries. Sometimes we take that place in the courts. Sometimes we take it on the radios. Today we take it here.

Our politics starts from the places we have taken. We call it a living politic because it comes from the people and stays with the people. It is ours and it is part of our lives. We organize it in our own languages and in our own communities. It is the politics of our lives. It is made at home with what we have and it is made for us and by us. We are finished with being ladders for politicians to climb up over the people.

Sometimes it gets hard but we keep going forward together. Sometimes we don’t know what to do any more but we keep thinking together. Sometimes a settlement stays strong. Sometimes a settlement fails to stay strong. But we keep going forward together.

Today we need to talk about the politics of land. We need to talk about the politics of housing. We need to talk about a politic of the poor – about a living politics thought, organised and owned by ordinary people.

We need to talk about the politics of fire. We need to talk about the politics of toilets. We need to talk about the politic of class. We need to talk about the politics of AIDS, the politics of xenophobia and the politics of rape.

To think about all this we must start with the history of where we come from. Who are we and what type of society we want to build.

It has become clear to us that whenever we talk about history we are seen to be launching an offensive. It has become clear to us that this is because the rich want to believe that we are poor because we are less than them – less intelligent, less responsible, less clean, less honest, less educated. If we are poor because we are just less than the rich then we must be happy for every little thing that we are given, we must be happy with a hamper or some old clothes when our children are dying in the rats and the fire and the mud.

But we are not poor because we are less than the rich. We are poor because we were made poor. The rich are rich because they were made rich. If your ancestors had the land you will go to university and get a nice job and look after your family well. If your ancestors lost the land you will be lucky to find a dangerous job that you hate so that your family can just survive.

The growing poverty in rural communities encourages mostly young people to migrate to the cities. Therefore as long as the cities grow in the same way as poverty, urbanization is not an exception. People will have to keep moving to the cities in search of hope. This reality calls upon all city authorities to learn to share the cities and to accept this growth. It is the same poor people that build cities and then get kicked out to rot in places like Parkgate and Blikkiersdorp once they are finished building for the attraction of foreign investments. It is the same poor people that wash and iron for the rich while living in shacks where it is very difficult to wash and iron their own clothes. It is the same poor people that bravely guard the homes and business of the rich who come home to find their homes illegally destroyed by the criminals that are called the Land Invasions Unit. It is the same poor that look after the children of the rich as they grow to become even richer. This is wrong. We need democratic cities. We need fair cities. We need welcoming cities. We need cities for all.

Every child that is born into this world has the same right to grow in safety and to reach their full potential and to shape their world in equality with all other people. When you take this seriously your politic does not impose ideas on people – it imposes people on ideas. Taking the value and dignity of every person seriously – and taking it seriously now and not after services have been delivered, development achieved or socialism built – is a simple politic. But it is also a dangerous politic. It is threat to oppression which is always justified by making some people count for more than others. Anyone who threatens oppression will find that they are called criminal, violent, unpatriotic, short minded, treasonous and more.

We need to think about how we can create a new kind of communism, a new kind of togetherness. A living communism that recognizes the equal humanity of every person wherever they were born, wherever their ancestors came from, whether they are poor or rich, women, men or GLBTs. This new togetherness must also understand that the world, what God has given to us all, must be shared by us all. The earth should be recognised as God’s gift to humanity and not something to be fenced in and bought and sold for private profit.

The system we suffer under now keeps the land in the hands of the descendents of those who had stolen it through the barrel of colonial guns. The system turns the once most trusted leaders in our cities into enemies. The enemies that do not only hate and neglect the poor but the enemies that send police to beat the poor, arrest and shoot them whenever we voice out our concerns. The enemies that hire the thugs to attack us. The system talks a lot about democracy, but it does not practice democracy. The system talks more about all the rights, gender equality and justice but does not make any of this real. Progress in courts and conferences doesn’t always mean progress in ordinary people’s lives. We continue to insist that the real lives of people, all people, must be the measure of progress.

This is a system where almost everything is done in the name of the poor but only for the poor to be betrayed and undermined again and again. This is a system that allows formations of many institutions such as NGOs, NPOs, businesses and states to violate the human rights of the poor and the marginalized in our society.

We need to ask ourselves what is this system? This system is a system where the people are separated into two – those that count and those that do not count. Those that count are those with money. Those that do not count are those without money. This system values business profit before humane value. This system turns democracy into a way to become rich. Money is made to dominate human thinking. Therefore we have to turn it upside down and put the human being first. Always we must start with the worst off.

What went very wrong in our society is when business profit is put ahead of human value. What went very wrong in our society is the thinking that sees development as being only the job of the few clever technical people, who are meant to think about development for the majority. Grassroots organizations such as Abahlali baseMjondolo are strongly opposed to this top-down approach to development that sees people as nothing else than the helpless individuals who cannot think for themselves. In this view the work of the poor is to vote when we are told and to be passive receivers of services. This is why the so called experts on the poor and our struggles always want to call our protests as ‘service delivery protests’ even when we clearly state what we are struggling for. They are failing to understand that our politic is actually based on a demand for dignity and equality. Our demand for active citizen participation is just a demand for democracy. In fact citizen participation is required by any democratic state yet it is seen as act of violence. The fact that our demand for dignity is taken as violence means that we have to accept that change may not always be easy or sweet. We will be beaten, we will be demonized. Some of us will be killed. Right now these realities lie before the whole world in Tahrir Square in Cairo in Egypt.

We are the people that are not meant to think. We are the people that are not meant to participate in planning and to debate on issues that affect us. We are the people that should be happy to live on hampers. The poor are strongly opposed to these dehumanizing characteristics of the top down system that has terrorized our communities and our lives.

Abahlali have said over and over that the majority of our people believe in a true democracy, a democracy that caters for every gogo and mkhulu at home, a democracy that does not see people differently, a democracy that does not make few people better than the majority, a democracy that is not driven by the wealth that has torn our society apart. We believe in a participatory development of the people, for the people and by the people themselves. We are concerned that at least most of the houses that are being built, they are built for the people, without the people. This is why some people reluctantly accept these houses and then they either rent them out or sell them to some desperate fellows and run back to shacks. This is not a matter for the police and the National Intelligent Agency (NIA). The reason for this is not that shack dwellers cannot think or are stupid. The reasons for this is the failure of authorities to involve shack dwellers not only in the planning but right from the project identification through to the implementation, monitoring and evaluation – in fact all through the project cycle. If you take people out of their communities, sometimes at gun point, and move them to rural human dumping grounds where there is no work they will not stay there. People have to survive. We want it to be clearly understood that the bottom up development approach that recognizes that a properly human life is what the majority of the poor prefers. Thus communication and consultation is vital if authorities are to be serious and respecting of those that they call ‘beneficiaries’.

It is very sad that some businessmen, like Ricky Govender in Motala Heights, have been terrorizing their communities in search for a land to expand their business and wealth. In Motala Heights the settlement leadership and very senior families have been forced up and down the lawyers and courts to defend their right not to be evicted from their land. It is the same with the eNkwalini community who have consistently been threatened with eviction by the farmer, who had just bought the farm in Northen KwaZulu-Natal. What is more upsetting with all the evictions that are taking place in the country is that they are not only illegal because they are carried out without the court orders but that they are also criminal. We have had to advise the police and municipal officials quite several times of Section 26 of the South African Constitution and the Prevention of Illegal Occupation of Land Act that protects the homeless, the poor and most vulnerable members of our society, children and women.

Abahlali baseMjondolo has managed to stop most evictions in eThekwini in settlements like Motala Heights, New Hanover, and Tumbleweed in Howick just to mention a few. The old settlements, which were founded by land occupations, are now safe. But the new occupations are still at risk of eviction. We have seen this recently in Motala Heights and eMmause.

The shack dwellers believe that land and housing in the cities will bring about a safer environment, an environment that is free from shack fires, an environment that is free from rats, rapes and crime when our children and women have to find water and toilets in the bushes. If we were to be serious about caring cities, the first step will have to be to respect human life and human dignity.

Mnikelo Ndabankulu a spokesperson for Abahlali baseMjondolo often says that “we do not need electricity, it is needed by our lives”. Our settlements are not temporary. Some of us have lived our whole lives in them. Our children have grown up in them. Electricity, water and sanitation can no longer be denied to shack dwellers. The eThekwini Municipality has often told us that money is not a problem, but that the problem is land. But the problem has never been just that there is no land in the cities as we have always been told. There is land. The political problem is that that land is privately owned by companies like Tongaat-Hulett. That problem can be solved but that would require recognizing the humanity of everyone and there has never been human recognition in the first place. In all our cities being poor, living in a shack or selling in the street, is seen as a crime. Until this is fixed right the poor will always be taken as trouble makers when in fact they are excluded from positive thinking that could contribute in the building of a caring city. A city where everyone has a say and an equal opportunity in shaping and reshaping these cities into a caring cites.

One of the biggest mistakes when planning development in the cities is when the City does not provide basic services that are urgently needed by human lives. I am talking about services like the inadequate provision of water supply, not enough toilets, the no electricity provision and no proper collection of refuse as there is no access road to inner shack settlements. The result of these denied services is very serious. Without refuse removal there are rat bites and diseases. Without electricity there are shack fires. Who is to be blamed for the fact that we still live without these life saving services other than those who are meant to serve and to save the public in governments? We have seen the authorities shifting blame to the poor themselves with childish claims that the shack dwellers are dirty or lazy or drunk or that we do not want to move from filthy conditions.

People are often confused about what our movement stands for when it comes to land and housing. Today I want to suggest a list of ten demands on the political questions of land and housing that could be used to begin a discussion about a platform for a united front on land and housing. These demands came out of years of discussion in our movement. We would be very happy if you could discuss them in your own university and organizations so that we can, together, start the work of shaping a new vision for our cities and our world.

1. There must be no more homelessness and poverty.
2. Life saving basic services, including electricity, water, refuse removal and toilets, must be provided to all settlements.
3. The land on which the settlements have been founded must be transferred to the collective ownership of the people living in each settlement.
4. Settlements must be upgraded where they are where ever this is possible.
5. When people have to be relocated they must be given the option of moving to well located land.
6. Unused land must be expropriated from big corporates or rich individuals to house the poor.
7. There must be no more forced removals. People must only be relocated voluntarily.
8. Government must negotiate with the organizations that represent each settlement and not with the councilors.
9. Shack dwellers, tent dwellers or farm dwellers have a right to disagree with the government, big corporates or NGOs.
10. Shack dwellers have a right to organize themselves outside of the political parties and outside the state control.

We have asked people to speak to us, not for us. We have asked people to work with us, not for us. We have asked people to think with us, not for us. We have asked people to understand that our movement will always belong to its members and never to any NGO, political party or individual. We have asked people to understand that we need a living solidarity, a solidarity that is built in partnership with our living politics, a solidarity that is built around the real everyday suffering and struggles of our people.

I hope that this is clear.

In recent days comrades have been arrested in Mandela Park, here in Cape Town, and in Grahamstown in the Eastern Cape. We stand in solidarity with these comrades.

We also, together with people all over the world, stand firm with the comrades in Tahrir Square. We are far apart in distance but close in spirit. Their courage in an inspiration to us all.

I thank you all.

S’bu. Zikode

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The Rural Network Returns to Court in eMpangeni Tomorrow

08 February 2011
Rural Network Press Statement

The Rural Network Returns to Court in eMpangeni Tomorrow

On the 23 July 2010 Mr. Patrick Mpanza was shot dead by the farm watch that is responsible for the farm of Mr. Channel. This incident happened while he was walking with his four kids, all of whom are girls. According to the child that is the eye witness to the murder the farm watch told them to lie down on the ground, two of the four kids ran away while the other one was left with her father on the ground. However the father refused to lie down. The farm watch then shot him in the forehead.

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While Madikizela destroys 9 of our homes yesterday, he comes to rescue his political friend’s from charges of murder and assault

Update: Four Mandela Park comrades were arrested, jailed and then released after sustained protest. There are more details here and here.

http://mpbackyarders.org.za/2011/02/05/while-madikizela-destroys-9-of-our-homes-yesterday-he-comes-to-rescue-his-political-friends-from-charges-of-murder-and-assault/

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Six Families Threatened With Unlawful Eviction in eMmaus

Update: Workers from the Mahogany Ridge Property Owner's Association managed to (unlawfully) destroy one shack, that of Khanyi Dlamuka, as well as the community toilets, before they were stopped and a legal intervention issued to compel them to cease their unlawful actions.

24 January 2011
Press Statement from Abahlali baseMmaus

Six Families Threatened With Unlawful Eviction in eMmause

On Friday last week the Mahogany Ridge Property Owners' Association sent a security guard to a small new occupation in eMmaus (which is near to Motala Heights in Pinetown). Six families having been living on that land since October last year. The security guard gave them eviction letters and instructed them to leave that day and said that if they did not leave their shacks would be demolished today.

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Metro Police Destroy a Home in Motala Heights

22 January 2011
Abahlali baseMotala Heights

Metro Police Destroy a Home in Motala Heights

The Metro Police attacked Motala Heights today. They came with axes and succeeded to destroy Mr. Buthelezi's home before the community could mobilise. They then attempted to destroy a second home but we mobilised quickly and stopped them from destroying any more homes.

 




The remains of Mr. Buthelezi's home after the Metro Police destroyed it on Saturday

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Ricky Govender Bulldozes the Motala Heights Shembe Temple

Sunday 16 January 2011
Abahlali baseMotala Heights Press Statement

Ricky Govender Bulldozes the Motala Heights Shembe Temple

The notorious gangster landlord Ricky Govender has bulldozed the Motala Heights Shembe Temple. This surprise attack on our community and our culture was carried out without warning or notification and we hereby give notice that we will not allow Ricky Govender to vandalize our community or our culture.

 




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Isolezwe: Abaxoshwe ovilavoco abasincisha izindlu zemixhaso

Isolezwe, 14/01/2011

Abaxoshwe ovilavoco abasincisha izindlu zemixhaso

MHLELI: Ngiphe ngiphawule esitatimendeni esikhishwe uNgqongqoshe woMnyango Wezokuhlaliswa kwabantu kuzwe lonke uMnuz Tokyo Sexwale mhla zingu-11 kwephezulu, malunga nodaba lwezifundazwe ezihlulekile ukusebenzisa izimali zokwakhelwa abantu izindlu.

Kulezi zifundazwe kubalwe iKwaZuluNatal, iWestern Cape, Free State ne-Eastern Cape.

I-KwaZulu-Natal ingenye yalezi zifundazwe ezine ezihlulekile ukusebenzisa imali zaze zayibuyisela emuva kuhulumeni omkhulu noma zihlulekile ukuletha amapulani aphusile asho ukuthi ahlele ukuyithuthukisa kanjani imiphakathi ngezindlu.

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A Report Back on the US National Tour: Building Living Solidarity among Movements to End Poverty and Ensure Dignity for All

January 2011

A Report Back on the US National Tour: Building Living Solidarity among Movements to End Poverty and Ensure Dignity for All.

The invitation to visit the US came after the National Economic and Social Rights Initiative (NESRI) invited Abahlali baseMjondolo Movement SA to participate in a series of leadership building seminars in the US. I was honored by Abahlali when the general meeting decided to send me into the USA. The aim of the visit was to learn, to share our experiences with other struggling organizations, to express our solidarity with other struggling organizations and individuals and to contribute in leadership building in the US.

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Freedom is a Constant Struggle: S’bu Zikode

http://kiilunyasha.blogspot.com/2011/01/sbu-zikode-of-abahlali-basemjondolo.html


Freedom is a Constant Struggle

Freedom is a Constant Struggle: Sbu Zikode of Abahlali baseMjondolo from Oriana Bolden on Vimeo.

In this segment of Freedom Is A Constant Struggle, Kiilu’s guest is S’bu Zikode, leader of Abahlali baseMjondolo, the shack dwellers’ movement of South Africa, who visited the Bay Area last November (2010).

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Urgent Call for Journalists to Rush to Kennedy Road as Tensions Rise Again

Update: 15/01/2011 Zandile Mdletshe and the Kennedy Road ANC did not pitch up to the mass meeting on Wednesday. The new KRDC then sought and obtained a meeting with Yakoob Baig and Jackson Gumede who said that development projects had always been allocated through the area committee of the ANC but they agreed (clearly aware of the popular pressure and the collapse in any significant support for the Kennedy Road ANC) to let the Kennedy Road community decide. The new KRDC called another mass meeting the following evening and invited the police to attend it and to witness it. At that meeting it was decided that the project must stop pending a resolution to allow democratic decision making about this and other development projecets.

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Unlawful Attacks on Education Rights in Motala Heights

Motala Heights Abahlali baseMjondolo Branch
Press Statement 6 January 2010

Unlawful Attacks on Education Rights in Motala Heights

Today people are celebrating the matric results across the country. Here in Motala Heights, as in many poor communities around the country, we are planning our resistance to the illegal exclusion of poor children from our country's schools. Every year the first campaign on the Abahlali baseMjondolo calendar is the struggle to keep our children in school and to have them respected in school.

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ANC Intimidates Witness X, More Intimidation and More Killing in Kennedy Road

23 December 2010
Abahlali baseMjondolo Press Statement

ANC Intimidates Witness X, More Intimidation and More Killing in Kennedy Road

The attack on Abahlali baseMjondolo in the Kennedy Road settlement in September last year was followed by serious intimidation against the movement in the settlement. People were forced to denounce the movement, any support for the movement put people at serious risk and organising in the settlement had to go underground. Homes continued to be destroyed until July this year and people had to be able to show ANC cards to access food vouchers for senior citizens and social relief as well as the building materials that, after the struggle of our movement, are now made available to people after shack fires. Building material was even given to ANC members whose shacks hadn’t burnt. Death threats were made against numerous people including AbM leaders not living in Kennedy Road. These death threats were often issued in public, such as at the court appearances for the Kennedy 12 (who were at first the Kennedy 13).

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Bishop Rubin Phillip’s Christmas Message

Christmas Message

Bishop Rubin Phillip, Anglican Bishop of Natal (KZN)

 

 

 


 

 

 

As 2010 draws to a close our growing inequality, deepening political intolerance, widespread contempt for the poor, awful propensity to violence against our women and children, our greedy exploitation of other people's poverty and joblessness, and our rape of the resources of the world that we share, are all an affront to God.

All these remain markers of the presence of death against which we commit ourselves to fight.

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Another Shack Fire Rips Through Khayelitsha

18 December 2010
Abahlali baseMjondolo of the Western Cape

Another Shack Fire Rips Through Khayelitsha – BE Section Burns

 




 

Tonight VE section in Khayelitsha has burnt. At least seven homes have been destroyed.

We have made it clear that as a movement we refuse to accept that it is normal for the homes of the poor to burn like this. We are determined to demand that the plague of shack fires is treated as the crisis that it is and that real steps are taken to free us from this plague.

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S’bu Zikode’s Visit to Philadelphia

http://mediamobilizing.org/watch-sbu-zikode-south-african-shackdwellers-movement


S'bu Zikode of Abahlali baseMjondolo Visits Philadelphia from Media Mobilizing Project TV on Vimeo.

S'bu Zikode, president of Abahlali baseMjondolo, the South African Shackdwellers' movement, visited Philadelphia as part of his recent nationwide tour. During his stay in Philadelphia, S'bu spent time learning about the recent history of development in North Philadelphia, visiting the Liberty Bell and Constitution Center, and connecting with taxi drivers at the airport holding lot. After his tour of the city he spoke to an audience of Media Mobilizing Project Network members and shared lessons and stories of struggle and victory from South Africa. He also showed a trailer for Dear Mandela, a documentary film about the Shackdwellers' Movement, which is being released in 2011. The event was sponsored Media Mobilizing Project, Philadelphia Student Union, Poverty Initiative and the Media Mobilizing Project of Pennsylvania.

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Victory Against Farm Murders in the eShowe Regional Court

Wednesday, 08 December 2010
Abahlali baseMjondolo & Rural Network Press Statement

Victory Against Farm Murders in the eShowe Regional Court

 




 

Justice was delayed for Thembinkosi Mpanza and Vukani Shange but it was not, in the end, denied. Moments ago Jabulani Sithole and Phumlani Thusi were convicted of murder and attempted murder in the eShowe Regional Court.

This case dates back to 17 June 2006 when Thembinkosi Mpanza was 17 and Vukani Shange was 16 years. They were shot to death by the Farm Watch on Horse Shoe Farm near eShowe. They had taken some sugar cane to chew on while walking home from school. For this, the crime of enjoying the fruits of their own land, they were killed. There is more information on the case here.

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Up To Five Hundred People Left Homeless in the QQ Fire Last Night

Wednesday, 08 December 2010
Abahlali baseMjondolo of the Western Cape Press Statement

Up To Five Hundred People Left Homeless in the QQ Fire Last Night

 




 

The fire that raged through the QQ Section shack settlement in Khayelitsha last night has destroyed up to 100 shacks leaving as many as 500 people homeless. Most people have lost everything including ID books, work clothes, school uniforms, medication and family photographs.

The community built and run crèche has also been destroyed.

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Terrible Shack Fire Currently Raging in QQ Section, Khayelitsha

Update (9:12 p.m.): Between 50 & 100 shacks have been destroyed. The fire brigade arrived late – the media got there long before they did. The community is very angry.

Terrible Shack Fire Currently Raging in QQ Section, Khayelitsha
Abahlali baseMjondolo of the Western Cape Emergency Press Statement 07/12/2010

A terrible fire is currently raging in the QQ Section settlement in Khayelitsha. More than twenty homes and the community-built creche have already been destroyed. The fire is still raging.

Shack fires are not natural disasters. They are a direct result of the contempt in which the government holds the poor in this country. Shack fires are political.We will never accept that it is normal for the poor to burn.

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Statement on Week 1 of the Trial of the Kennedy 12

Statement on Week 1 of the Trial of the Kennedy 12

3 December 2010

The build up to this case has been long and deeply compromised. Already in November 2009 I publicly said that “[J]ustice has been delayed far beyond the point at which it was clear that it had been denied. … It is patently clear that there was a political dimension to the attack and that the response of the police has been to pursue that political agenda rather than justice”.

More than a year later, that politically motivated case against the Kennedy 12 is finally being played out in a Durban courtroom. We do not presume to anticipate the outcome of the case – that process must run its course; the judge will render a verdict; and we'll re-look carefully at what's happened at that point (1). So far, no witness has credibly linked any accused individual to any crime that they are charged with.

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Kennedy 12 Trial: Five Nil to Abahlali baseMjondolo

Friday, 03 December 2010
Abahlali baseMjondolo Press Statement

Kennedy 12 Trial: Five Nil to Abahlali baseMjondolo

Today the first five days of the trial of the Kennedy 12 came to an end. The trial will resume in May next year and then, if more time is needed, it will continue again in July.

We wish to begin this statement by thanking all of those people and organisations that have stood by our movement in the difficult times that followed the attack and then this ongoing trial. Your solidarity is much appreciated. There is a saying that when days are dark friends are few. But in these dark times we still have many friends and the solidarity from all of you is deeply appreciated.

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Urgent Appeal Regarding Abahlali baseMjondolo, Durban, South Africa

http://ccrjustice.org/newsroom/press-releases/ccr-appeals-un-behalf-of-south-african-shack-dwellers-movement

Click here to read the original annotated version of this document in pdf.

December 1, 2010

BY E-MAIL AND FASCIMILE
Ms. Margaret Sekaggya
United Nations Special Rapporteur on the Situation of Human Rights Defenders
urgent-action@ohchr.org
Fax: +41 22 917 9006

Re: Urgent Appeal Regarding Abahlali baseMjondolo, Durban, South Africa

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Solidarity with Abahlali baseMjondolo: Kennedy 12 finally begin their case today

http://antieviction.org.za/2010/11/28/solidarity-with-abahlali-basemjondolo-kennedy-12-finally-begin-their-case-tomorrow/

Western Cape Anti-Eviction Campaign Solidarity Statement
29 November 2010

Today, 12 members of Abahlali baseMjondolo from Kennedy Road will be in court following more than a year of delays in this clearly political murder trial.

We would like to declare our full solidarity with our Poor People’s Alliance partner during these trying times.

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Interview with S’bu Zikode on ‘Against the Grain’ KPFA 94.1 FM, Berkeley, California

Interview with S'bu Zikode on Against the Grain KPFA 94.1 FM

http://www.againstthegrain.org/program/370/id/471215/tues-11-23-10-shack-dwellers-movement

Click here to listen to this interview in MP3.

Foreclosures and tent cities have become commonplace in the U.S. and those without domicile are often left to find individual solutions to their plight. In South Africa, the poor and the homeless have mobilized themselves and are fighting back. S'bu Zikode, the head of shack dwellers' movement Abahlali baseMjondolo, discusses how that organization was formed and the obstacles it faces, including violent attacks by the police and those in power.

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S’bu Zikode’s Opening Address @ CUNY Graduate Center — NYC

 


S'bu Zikode's Opening Address @ CUNY Graduate Center — NYC from Sleeping Giant on Vimeo.

 

 

"The recognition of our humanity without action to defend our humanity is meaningless."

The opening remarks of S'bu Zikode, President of the Abahlali baseMjondolo movement of South Africa, at a November 2010 event organized at the Center for Place, Culture and Politics at the CUNY Graduate Center (NYC). Thanks to David Harvey and Chris Caruso for hosting and organizing the event. Camera by Harris Mendheim and Josh Glaser.

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Jackson Gumede Arrested

Jackson Gumede Arrested

We have been informed that Jackson Gumede was arrested on Friday night and charged with theft while trying to transport stolen building materials, provided for relief after fires, from the Lacey Road settlement (also known as the Sparks Road settlement) to his farm.

Gumede is the unelected strongman that has ruled the Lacey Road settlement in Sydenham for many years. He is also the chairperson of the Branch Executive Committee of the ANC in Ward 25 in Durban. We have been told that he was voted out of this position but has refused to accept the election as legitimate and that there is currently contestation around his position within the ANC.

Gumede has never allowed political freedom in the Lacey Road settlement and in 2006 one of our militants and important shack intellectuals was publicly and repeatedly threatened with death by Gumede if he continued his membership of Abahlali baseMjondolo. Since then Gumede has made it clear that no one will be allowed to wear a red shirt in Lacey Road and we have never been able to hold meetings there openly. Gumede was a key figure in the attack on our movement in the nearby Kennedy Road settlement in September last year and in the take over of the settlement and our offices by the ANC that followed the attack.

According to our information some members of the community in Lacey Road organised themselves secretly and then mobilised themselves to persuade the police to act against Gumede’s theft of building materials supplied as relief after fires. The supply of building materials after fires is one of the small but important victories won for shack dwellers by the struggle of our movement and it is sad to see that even our victories can become part of the patronage machine of the local ANC.

We are told that Gumede was arrested on Friday and that the Ward 25 Councillor, the notorious Yakoob Baig, bailed him out. We are told that Gumede will appear in court on Monday.

At the moment our information is sketchy but if there are any errors in this statement we will correct them when we can.

We commend the people in Lacey Road for standing up to Gumede and we commend the police for acting as public servants and against the comrade-ism that is ruining the country. We hope that there will be a fair process in the courts from here onwards.

Gumede is armed and dangerous and we are therefore not putting any individual as the contact person for this press release.

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Chicago Public Radio: South African “shack dwellers” group fights for people in informal settlements

Click here to listen to the audio file of this interview.

http://www.wbez.org/episode-segments/south-african-%E2%80%9Cshack-dwellers%E2%80%9D-group-fights-people-informal-settlements

South African “shack dwellers” group fights for people in informal settlements

South African housing advocate S’bu Zikode used to live in an informal settlement community in Durban, South Africa called Kennedy Road. It was just one of numerous settlements in and around the city. For years, the inhabitants of this community have been pressured by the government to relocate to the less developed areas outside Durban. Last year, Kennedy Road was attacked, leaving two people dead, and driving people like S’bu, out of their homes.

Sine 2005, he’s been the leader of a housing rights group called Abahlali, which means ‘residents who live in shacks’ in Zulu. S’bu is touring the U.S. and tells us about South Africa’s housing issues.

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S’bu Zikode on GritTV

http://www.grittv.org/2010/11/20/sbu-zikode-organizing-south-africas-shack-dwellers/

“The power of the poor starts when we as the poor recognise our own humanity,” wrote S’bu Zikode, President of Abahlali baseMjondolo, the South African Shackdwellers’ Movement. Years after the end of apartheid, poor South Africans still struggle under a system that has yet to fulfill the promises it made to the people: redistribution of land has stopped, and the attention of the world subsided as the World Cup ended. Abahlali baseMjondolo is one of the movements fighting for change, organizing the poor, and Zikode is currently on a solidarity tour of the U.S. He joined Laura in studio for a special conversation about organizing in South Africa and around the world, about housing as a human right, and what is wrong when homes stand empty while people sleep in the street.

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Daily News: Allegations of arson fuel anger among squatters


Kennedy Road Burns – 16 June 2009, Picture by S’bu Zikode.

http://www.dailynews.co.za/index.php?fArticleId=5733025

Allegations of arson fuel anger among squatters

November 17, 2010 Edition 1

NONDUMISO MBUYAZI

A WAR of words has erupted between the city and shack dwellers’ movement Abahlali baseMjondolo over remarks by a top housing official that the burning of shacks in eThekwini was being “orchestrated”.

The claim by Nigel Gumede, head of the city’s housing committee, at a recent committee meeting, has left the movement perplexed.

Several Durban informal settlements have gone up in flames this year, claiming the lives of four people and leaving hundreds of people destitute.

Gumede said he wanted informal settlement arsonists to be criminally charged for the offence, saying the same laws needed to apply to people, whether they were rich or poor.

“If a person burns down their house or flat they get charged with arson. The same law needs to apply to people responsible for burning shacks,” he said. “We have a strong suspicion that the burning of shacks is orchestrated.”

What further exacerbated the situation was that the culprits were not apologetic for starting the fires, but instead demanded new houses from the city, said Gumede.

“The shack dwellers don’t do anything about these culprits who are responsible for destroying their shacks and belongings.”

However, Abahlali spokesman Clement Mtshali yesterday dismissed the allegations, saying it was an insult for the city to accuse them of such an “atrocious” act.

“Why would someone purposely burn down their shack? Why would someone give away the small home that they have in hope that the city will provide them with a house? That doesn’t make any sense and these allegations are an insult to the shack dwellers,” he said.

Mtshali said he was “really disappointed” that the city could accuse shack dwellers of such a “heartless” act. “So they mean that we would burn down a shack, killing people in the process, just because we hoping to get a new house. How heartless do they think we are?”

In the most recent incident, two people died, more than 1 000 people were left homeless and 200 dwellings were destroyed when a massive fire ripped through a large informal settlement in Quarry Road last month.

In other incident, firefighters battled for hours last month trying to put out various fires at an informal settlement on Jadoo Place in Springfield.

In August, a fire at the Kennedy Road informal settlement destroyed 500 shacks and left about 2 000 residents without homes. And in July a fire at the same settlement killed two people, gutted about 500 shacks and left more than 200 residents homeless.

Earlier this year, in another Kennedy Road informal settlement fire, 150 shacks were destroyed and 400 people left homeless, while the Cato Crest informal settlement was hit by four fires this year.

nondumiso.mbuyazi@inl.co.za

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Onogada Badinga Ukudibana Ukusuka Ezantsi Ukunyuka

Onogada Badinga Ukudibana Ukusuka Ezantsi Ukunyuka

Ibhalwe ngu Lindela ‘Mashumi’ Figlan

Mhlawumbi kufanelekile ukuba kukhunjuzwe abantu ukuba apho kukho inkqubo yelizwe elawulwa yimali,amakapitali basoloko bexhaphaza abasebenzi ngaphezu kwento yonke onokuyicinga kule mihla apho izinga labangaphangeliyo liphezulu. Abantu bafolele ukuxhatshazwa. Kodwa kufuneka siqonde ukuba yinkqubo engaqhelekanga le. Asikho isizathu sokuba wonke umntu angabinasidima sakhe.

Ndisebenze njengonogada iminyaka eminizi. Ndandisoloko ndicinga ukuba lomsebenzi ulungileyo ngoba sisoloko sibabona onogada bencumile. Kukho imfuneko yokuba amagosa karhulumente abe nento ayenzayo ngomsebenzi wonogada. omnye wenkokheli zethu wathi urhulumente bekumele ayilungise lengxaki onogada bajongene nayo. uRhulumente bekumele aqinisekise ukuba lomsebenzi ube phansti kwemithetho karhulumente kwaye baqinisekise ukuba lomithetho ikwimfuno zabasebenzi. Kakade xa kubekwa etafileni imithetho nemimiqathango yalomsebenzi onke amakapitali asoloko ekhalaza ngoba bayoyika ukulahlekelwa yimali, ekugqibeleni kungabikho ogqiba ekuxhaseni urhulumente. Yindlela ekusetyenzwa ngayo le. Abantu banyula urhulumente ukuze urhulumente athobele abantu, kodwa urhulumente umamela amakapitali. Yiyolonto abantu kwamanye amazwe behlangana ukuze bakwazi ukuzama ukunyanzela urhulumente abamamele.

Akumandanga ukuba ngunogada. Sisebenza ngemivuzo ephantsi. Ubusuku nemini sisoloko silapha silindele umntu esingamaziyo nokuba uza nini okanye uzakuza nohlobo olunjani lompu. Singabantu abahluphekileyo, kwaye sibeke ubomi bethu emngciphekweni imihla ngemihla ngokugada izakhiwo nobomi bezityebi. Isininzi sendawo esisebenza kuzo azinandawo yokufihla intloko (amagumbi onogada), kulendawo ndibhala kuyo ndihleli elangeni. Akukh’onto ngoku, kodwa xa kukho umoya nemvula ndizabe ndisahleli kule ndawo inye. Xa ndigula abancedisi nangesenti. Ndim onoxanduva, kwezinye indawo kukho nencwadi yeziganeko xana ufunda into ebhalwe kuloncwadi kubonakala ngathi kungafika umntu akubulale kungekho nomntu oyakwazi nanye into ngawe.

Naxa sicela abaphetheyo kurhulumente wethu ukuba bangenelele bathi masiphindele esikolweni. Kodwa ngaba ukusebenza njengonogada lolunye uhlobo lesohlwayo ngenxa yokuba ungafundanga okanye kumele ukuba ngumsebenzi? Kodwa ke ngubani othe oonogada abafundanga. Ngubani othe abo bangagqibanga esikolweni okanye abo bangakwazanga ukufunda emva kwesikolo lityala labo. Kukho into ebizwa ngokuba yimbali yengcinezelo eye yenza abanye abantu bahlupheka kakhulu. Abahlali baseMjondolo bacinga okokuba izityebi namahlwempu enziwe kwayilendlela kuqhutywa ngayo abe kulemeko. Ngamanye amaxesha xa ukhalazela into ethile usoloko usiva abo bacinezele oonogada besithi” ayindim othi sanukuya esikolweni”. Eyona nto ndiyicingayo ngamandla yeyokuba kufuneka sithethe ngobomi nangemfundo ngoba umntu akangomntu ngenxa yemfundo.

Efundile engafundanga umntu uyohlala engumntu. Xana sixelelwa ukuba sivotele kwa ababantu banye abasibuzi ukuba sifunde kangakanani na phambi kokuba sifake ivoti zethu. Ngemini yonyulo kuyakhawulezwa ukubona ukuba siyalingana. Ngosuku olulandelayo yonke into ibuyela esiqhelweni siphinde sibonwe thina bahluphekileyo singezozinto.

Ukuba awunabo ubudlelane nabaphezulu kwipolitiki, udinga imfundo ukuze ufumane umsebenzi. Ukuba sidinga imfundo ukuze sisebenze kakuhle, kutheni ke kungekho mfundo engahlawulelwayo khona ukuze wonke umntu axhamle. Kutheni urhulumente enganagalelo eluntwini? Khawufane ucinge ukuba bangaphi abantu ebengefunde isakhono okanye ibhizinisi ngexabiso lokwakhiwa kwebala lebhola ngalinye. Andikwazi kuqonda ukuba kutheni abantu beyekiwe bengafundanga xana imfundo ibaluleke kangaka.

Eyona ndlela enokusenza sikwazi ukwenza utshintsho kwinkampani kukwakha inyunane ziqine. Kodwa nezinye inyunane ezilungileyo ziyinxalenye yalendlela. Inyunane zidinga ukutshitsha. Inyunane kufuneka ziqiniseke ukuba abantu ekufuneka basebenze ngengxaki zabantu kufuneka ibe ngabo bazinikeleyo ekuncedeni abantu. Kufuneka babe ngamakhoboka abantu, nabantu abenze utshintsho, abo benza utshintsho lokwenyani, nabo bathetha utshintsho kumabonakude.Kufuneka babengabantu abathatha ingxaki zabantu njengezabo

Uninzi lwenyunane zikwimeko embi. Andifuni kuthetha kakhulu kodwa baba ziikati ezityebileyo ngokuthatha imali zethu kovimba bethu mahala. Inyunane zisuke zaba lolunye uhlobo lwebhizinisi. Zisuke zasebenza kunye nabaphetheyo, azabalwela abasebenzi. Ukuba sizama ukulwela amalungelo ethu sisuke sigxothwe kungekho nto kodwa uninzi lwenyunane aziwenzi umsebenzi wazo. Ezinye zezinyunane zisuke zoyike njengabaphetheyo xa zibona ukuba abasebenzi bazama ukumanyana kwindawo abasebenza kuzo. Ngamanye amaxesha uye ubone ukuba ujoyine inyunane wenza izinto zibelula kwiinkampani bazokwazi ukukugxotha. Imbi kakhulu into yokuba abantu bagxothwe ngenxa yenyunane emva koko inkampani iphawule ukuba ibe sisiphoso ukukugxotha bakucele ubuyele emsebenzini.

Kubo bonke oonogada masibebanye sakhe umbutho wonogada ngonogada. Lo mbutho inga ungenziwa kodwa ungabi ngumsebenzi osisigxina kuzo zonke iiofisi. Apho singaxoxa zonke ingxaki esijongene nazo, ezongxoxo zigaqala kuthi, izigqibo esizakuzenza zizakube zenziwe sithi, sizenzela thina. Kulemibutho singasa iingxaki kwinyunane ukusuka apho sizise kwa CCMA kodwa lo mbutho uzakusoloko ulapho lonke ixesha. Asisoze sinikele iingxaki zethu kwinyunane. Sizakwenza imanyano ngaphandle kwenyunane ukuze sikwazi ukuzilawula inyunane ezantsi. Inkokheli zenyunane ezinobuqhophololo zizakuphela, bonke abasebenzi bazakuhlonitshwa ngabaqeshi nabathengi.

Enkosi ku Jama, Stadu, Zizi

Mna lindela ‘Mashumi’ Figlan ndandisakuba ngusihlalo weKennedy Road Development Committee ndasebenza njengo sekela prezidanti wabahlali baseMjondolo. Uye wabalixhoba lokoyikiswa ngokufa esidlangalaleni oko kwaqala uhlaselo kubahlali baseMjondolo eKennedy road ngo Septemba 2009. Ngoku uhlala kwimikhukhu yaseCato Crest ukusebenza njengonogada Claremont.

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Freedom and Dignity comes before housing

http://www.khayelitshastruggles.com/2010/11/freedom-and-dignity-comes-before.html

Mzonke Poni, the Chairperson of ABM WC writes
Date: 16 November 2010

While housing demand in South Africa is very huge like any other developing countries in the world it is import to point it out that the freedom and dignity should be priories over the crisis of housing in order to address the issue appropriately.

Housing crisis and providing houses for the poor in South Africa has been politicised and used as tool to divide the poor and to gain political power in the expense of the poorest of the poor.

As long as poor people’s dignity and freedom is not respected and protected the housing crisis in South Africa will remain a huge challenge and crisis for the government.

While it is difficult to separate people from politics and it is also difficult to separate politics from the development, and it is this reason why the housing crisis will remain a crisis and it is this reason why freedom and dignity must come before housing.

If the poor can not defend their own dignity and freedom they will continue to be the victims of politicised development.

But should they (the poor) gain their freedom and dignity they will be respected, consulted properly, participate meaningfully in their own development, make informed choices and decisions.

While the delivery of housing for the poor needs proper planning, Environmental Impact Assessments, Well located Land, Skills and expects, good implementation, consultations, Resources and etc.

Freedom and Dignity needs those in power and the society in broader context to have a will to listen and understand the poor voices on the ground and allow the poor to be the masters and drivers of their own development and this will only take place and make sense once everyone accept the fact that poor people are human beings and they are able to think for themselves.

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Government organises the illegal occupation of their own unfinished houses

Click here and here for updates on repression in Mandela Park.

http://mpbackyarders.org.za/2010/11/16/government-organises-the-illegal-occupation-of-their-own-unfinished-houses/

Government organises the illegal occupation of their own unfinished houses

Mandela Park Backyarders Press Statement
15 November 2010 – For Immediate Release

In the early hours of Monday the 15th of November, about 100 people invaded the 100 unfinished RDP houses currently being built in Mandela Park. According to eyewitnesses in the community including Backyarders who are working on the construction site and according to our CLO at the site, these 100 people were escorted by police, by Ward 97 Councillor Ryder Mkutswana, by the recently dismissed local SANCO boss Mr. Makade, with the operation known and supported also by SEBRA (the managing agent) and by the provincial Department of Human Settlements. The entire operation was overseen by members of the South African National Defence Force (SANDF).

Questions

What is the councillor, SANCO, SEBRA, police and even the army doing organising a housing invasion? Who authorised the SANDF onto our township streets? Who could possibly be so dangerous that the army was needed? And why, if this was sanctioned by the province, did this begin before sunrise when Mandela Park residents were still asleep?

For the Mandela Park Backyarders, the answers to these questions are two-fold: (1) MEC for Human Settlements Bonginkosi Madikizela does not want to give us houses and (2) the MEC is trying to divide and rule us poor people by giving preference to people from other areas over the needs of local residents of Mandela Park.

Madikizela’s refusal to engage

The Mandela Park Backyarders have done everything to try and get Madikizela to speak to us. He has been promising to visit use for over a year now. Recently we have embarked on a civil disobedience campaign to get him to come to Mandela Park and we have written letters to the National Housing department twice (here and here). But MEC Madikizela has promised and promised and promised but is yet meet with the Mandela Park community.

As reported by the Sowetan last year, Madikizela rescinded his promise to give Mandela Park residents 23 houses in a previous development.

In his most recent promise live on Radio Zibonele, Bonginkosi Madikizela said that he would come to Mandela Park in October. He never came.

A democratic government is a government that comes and listens to the views of the people. This is not a democratic government. This is not a democratic minister.

A ticking time-bomb. Another Hangberg, another TR Section.

Abahlali baseMandela Park are not happy. They are furious. And the anger of the poor can go in many directions.

Madikizela is the cause of this ticking time-bomb. The MEC is creating this conflict amongst the poor. We know that yesterday’s housing occupation was authorised by the MEC himself to escort residents of Gugulethu to occupy the houses in Mandela Park and prevent local residents from getting their promised 50%.

But who actually occupied the houses yesterday? We know that many occupants are not even on the housing waitlist. Many already have houses of their own. Many, because of their salaries, do not qualify for an RDP house. Many plan to rent out their occupied houses. Many are not even from Gugulethu.

Councillor Ryder is also involved in this problem. Since he wants to maintain his own corrupt power base in nearby Town Two, he organised his supporters to occupy some of the 100 houses. The people of Mandela Park yesterday witnessed Ryder escorting residents of Town Two pushing trolleys to occupy the houses. Why did Ryder’s friends get these houses? Why is Ryder helping people occupy houses before they are completed and sanitation systems installed?

Things are about to explode here in Mandela Park. This is another Hangberg in the making. People are so angry that they will employ whatever means to send a message.

Yesterday, angry residents of Mandela Park went as far as vandalising some of the houses and intimidating its occupants.

It must be clear that the people who vandalised the houses did so against the decision of the hundreds of masses that gathered our Backyarder meeting yesterday evening at 6pm. These are our houses and we as Backyarders do not want them vandalised. Hundreds of Backyarders decided in the meeting to stage a peaceful protest but a few enraged individuals refused to listen to the consensus of the meeting and went straight to the unfinished homes to intimidate the occupants. We called off our protest.

As the community gets angrier, more and more residents will take actions into their own hands. Yet while these actions might be violent, we, as Backyarders, place the blame squarely on the Ward Councillor and the MEC for stoking the anger.

It is this government that is promoting violence, not us. This is not only the direct violence of the police against the poor. This is also the violence of divide and rule by a government pushing the poor to attack other poor people over the scattered left-overs of neoliberal development.

Way forward for the Backyarders

Everything must stop. The construction on these unfinished houses will come to a standstill again. The residents of Mandela Park will not allow further construction until this crisis has been resolved and we receive a binding agreement that 50% of the houses currently under construction will go to local residents.

The community of Mandela Park is angry and ready to take back these 100 houses. We are appealing to the outsiders who occupied these houses to leave these houses. We give MEC Madikizela until Thursday the 18th to make sure the occupants vacate these houses. As a gesture of good faith, the residents of Mandela Park will not occupy these houses if they are voluntarily vacated by the recent occupants from Gugulethu and Town Two.

But, until the MEC comes to Mandela Park, the entire Mandela Park community will be ungovernable. The community has just started to show their feelings through last night’s vandalism. The anger of the poor can go in many directions and we as Backyarders may not be able to control it.

We have followed the right procedure. We have approached the Ward Councillor. We have approached the MEC. We have approached the National Department of Human Settlements. They’ve all ignored us.

We are going to fight until our demands are met.

For more information, please contact:

Sluja @ 071 433 1101
Nolinki @ 082 267 8118
Khaya @ 078 024 1683
Siyanda @ 078 874 5921

PS – As we are gathered Andile Nhose Community Centre in mass writing this press statement, it is still Monday the 15th at about 23h00 and the Harare police have attempted to break into the Centre by clipping the locks to our gate. Is this a police state? Do we not have the freedom to assemble? We are lucky that they did not see us in here or they may have beaten us and arrested us.

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Umba Womhlaba Ngumbuzo Wopolitiko

Le yintetho enikezwe nguS’bu Zikode kwiDevelopment Action Group National Conference, isihloko sentetho yakhe besithetha ngombono ongomnye wedolophu.

UMBA WOMHLABA NGUMBUZO WOPOLITIKO

Kuhle ukuba nombono ongomnye wedolophu. Sonke singaqala ukuba nemibono wedolophu ezine zindlu ezisemgangathweni zoluntu lonke emva koko sinokuba nemibono yezithuthi zikawonke-wonke ezikwixabiso elifikelelayo nendlela ezikhuselekileyo, ezinemithi emihle, iipaki ezinemithunzi, nezikolo ezenza uzive wamkelekile, ikliniki namaziko wencwadi zokufunda, kunye nemibutho yezemidlalo. Singaba nemibono ngemibono yedolophu apho ubuntu buxatyisiwe apho abantu baxabisekileyo. Kuhle ukuba nombono wedolophu apho kungekho mntu uphila okwehagu eseludakeni, apho wonke umntu akhuselekileyo emililweni, ekuhlukunyezweni, ekuxhatshazweni ngamapolisa, ekuvalelweni kwamaziko, ekugxothweni kwabantu kwindawo abahlala kuzo, nakwimilo yezopolitiko.

Kodwa umba womhlaba nezindlu zezona ngxaki eziphambili. Zingxamisekile kwidolophu zethu, kwaye kukho ubunzima ekusombhululeni umba womhlaba nezindlu kwilizwe lethu. Umhlaba uza kuqala kunezindlu, obu bunzima buza ngokuba sonke senza ingathi umba womhlaba awunanto yokwenza nezopolitiko. Umba womhlaba uyakuhlala unzima kwaye uzakongeza ukungaqondi ngakumbi side samkele ukuba umba womhlaba unento yokwenza nezopolitiko.

Umbuzo uhleli usenziwa nzima xa ilizwe lethu likhokelwe ngabemibutho yezopolitiko abathetha ngobunzima nokumelea abantu ngexa besenza ingathi umbandela womhlaba awunanto yokwenza nezopolitika. Kodwa banawo amandla kwaye banokusebenzisa amandla abo epolitika bathathe umhlaba bawubuyisele kwabo baxuthiweyo. Kodwa abezopolitiko nemibutho yabo engekho ngaphantsi korhulumente (NGO’s) bayaqhubeka ukwenza ingathi ngabantu abangaqondiyo okanye abengenalwazi luphangeleleyo, kwaye abasafuneka bafunde ukuba nomonde, bamkele ukuba bafunde ngezokhuseleko emililweni nokunyanzelwa kwabantu bathunyelwe kwindawo zexeshana zokuhlala, olo luphuhliso lokwenyani kubo.

Abo basezintanjeni zolawulo namhlanje banawo amandla okusinika umhlaba wethu ngendlela efanelekileyo kwabo bangenamihlaba. Kutheni nje besithengisile namhlanje? Impendulo ilula. Ukuba bangenza njalo bayakube banikezela ngalamandla abenza babe namandla.

Ukubuyisela umhlaba kwabo bafanelekileyo akusoze kubelula.

Ukuba sifuna ukuthathathela umhlaba kuthi singabantu abahluphekileyo kuzakufuneka sibenamandla. Kumnyaka odlulileyo sifunde isifundo esinzima. Sifunde ukuba uMzantsi afrika awukhululekanga nyani. Abo baphetheyo kwaye nabasebenzi bakhululekile ukuba bangaxoxa bathethe ngekamva lelizwe lethu. Kodwa thina, njengabahluphekileyo siye sakhutshelwa ngaphandle kwinkululeko. Saye sahlaselwa sakhutshelwa ngaphandle kwamakhaya ethu ngamapolisa, nabaphathi bezopolitiko bejongile. Umbutho wabasebenzi iCosatu nombutho olwela amalungelo abantu (iHuman Rights Commission) zazithule. Sifunde ukuba baninzi abantu abacinga ukuba inkululeko ayixhamlwa ngabahluphekileyo.

Sidinga ukwenza inkululeko ibe yeyenyani nakwabahluphekilkeyo. Ngoko ke sifuna intsebenziswano phakathi kwabo bavumelekileyo ukuba babe yinxalenye yokuxoxa nokuthetha ngemiba yaseMzantsi Afrika. Badinga ukuba bayisebenzise inkululeko nokhuseleko lwabo ekumeni kunye nathi basikhusele ngelixa silwela inkululeko yethu. Imibutho yethu neqela labantu abanenjongo enye badinga ukwenza ubumbano oluphilileyo nemibutho eqinileyo, imibutho yabasebenzi, izifundiswa kumacandelo onke, abantu ngabanye nabahlali ngokubanzi. Sidinga ukwakha ubumbano elizweni lethu ukuze kubekho imibutho ehleli ikulungele ukukhusela amalungelo abantu abahluphekileyo ukuze bacinge, bathethe kwaye bakwazi ukuzakha ngokwabo. Lo umbutho kufuneka unepolitika, ukwazi nokunyanzela urhulumente nezityebi zithobele abantu. Kufuneka kucace ukuba ixabiso labahlali belilizwe liza phambi kokucinga ngokwenza ingeniso. Kufuneka bathathe inyathelo eliqinisekileyo ukuze baphumelele koku. Ngoko kufuneka uzimele ungadibani norhulumente. Kuphando lwethu iSlum Dwellers International yimizamo ehla inyuka ka rhulumente nezityebi ukunyanzela abahluphekileyo ngokuzama ukubatshintsha bamkele ingcinezelo.

Abanye bethu sebeyinxalenye yalendlela iya kwimeko entsha yokuhlala (new urban) engangeyokuhlala kuphela kwi Ofisi ezipholileyo kodwa ngokusebenza nzima kwindawo zokuhlala apho baxakekileyo, beququzela besakha , benolwazi benikwa ulwazi nanjengukuba besakhiwa kukuzifundisa, intlanganiso, kwindawo zokuhlala zexeshana nakwimizabalazo. Abanye bethu sebephulukene namakhaya abo elizweni labo lokuzalwanjengesohlwayo sokuzabalaza ukuze kufunyanwe imihlaba inikezelwe ngendlela. Kucacile kuthi sonke ukuba imihlaba eyobiwe ngendlela ayisoze ize kuthi ngeqwelo-moya, kodwa ngokusebenza nzima, ngokubethwa, ngokubanjwa, nangobuxoki, ngeqwelo zokulwa zamanzi, ngokudutyulwa, ngembumbulu okanye ngokufa. Ngumvuzo ke lowo abo baqinisekileyo ngomvuzo we new urban order kufuneka balungele ukuwubhatala.

Awungekhe ube nengxoxo enemiphumela ngalengxaki ye ne urban ngelixesha abahluphekileyo kuqhutyekwa bekhutshelwa ngaphandle kwintetho ebezimele ukwakha I-urban order entsha yoluntu lonke. Ezi ngxoxo zigaqala xa abo baye bathathelwa imihlaba, abo bangabalulekanga , babaluleke. Sagqiba kwakude kudala ukuba singayamkeli imeko apho abanye abantu bathetha ngabahluphekileyo kwaye nabahluphekileyo bengathethi nabahluphekileyo. Kwaye siwubhatele umvuzo ngesigqibo sokuba sakuhlala simanyene.

Akukho mathandabuzo ukuba umsebenzi wenzululwazi, abakhi bedolophu, iinjineli, abazobi bezakhiwo kwakunye nabanye abasebenzi abanezakhono zibalulekile. Sidinga zakhono zabo. Kodwa ngelithuba besazimele bodwa ulwazi lwabo lusemngciphekweni. Sidinga ukucebisana ngedolophu zethu kunye. Ukuba umsebenzi wenzululwazi ungenziwa ngaphandle kwabahluphekileyo, abo banelungelo lokuxhamla kuyo, ayisoze iyisombulule ingxaki. Ingxaki yokuqala yeyokuba ngaphandle kwemfundo yabo yonke, inzululwazi zisoloko zingaqondi imfuneko zabantu. Ingxaki yesibini yile yokuba amacebiso enzululwazi nalawo macebo alungileyo lawo alungele izidingo zabantu, akanamandla ngokukokwawo. Icebiso elisetyenzwe phakathi kweqela labahluphekileyo kunye ne nenzululwazi ze urban liyakuba nefuthe eliphilileyo xana iqela labahluphekileyo livuma ukuba lelabo.umba womhlaba ngendlela oqhutywa ngawo unepolitika eninzi , kangangendlela ebonwa ngayo ngabanye bethu. Inepolitiki kakhulu kangangokuba kwimeko ezininzi urhulumente nabo banonxibelelwano bengenavelwano benza ingathi yimeko umhlaba angawo eyenza isigqibo sokuba kufuneka kwakhiwe ntoni nini. Le nto ibonakele kwindawo zokuhlala ezininzi , kwindawo yabahlali ekuthiwa ukubizwa Abahlali baseMjondolo. Abantu baye bakhomba imihlaba ekwindawo ezifanelekileyo baze bazihlalela ngokwabo kulomihlaba. Kodwa amaxa ngamaxa sifumanisa ukuba ezondawo sinokuthi yimihlaba ekwindawo ezilungileyo sifumanisa ukuba akunjalo kurhulumente nentlola zakhe, ezo ndawo bathi yimihlaba efanelekileyo akukho njalo kwabahluphekileyo. Kwindawo yokuhlala eKennedy Road, umasipala usoloko esebenzisa ingxelo zokungalungi komhlaba ukuzithethelela ukuba kutheni abantu bengenakwazi ukuhlala kulomihlaba bayikhethileyo.. ingxelo zabo zisoloko zisithi umhlaba awulungelanga ukuba kungahlala abantu gelixa izityebi ngapha kwendlela zikonwabele ukuhlala khona. Wonke umntu uyazi ukuba kucacile ukuba umhlaba uyindawo elungileyo. Okufunekayo lutshintsho lwegama lomnini mhlaba nokuphuhliswa komhlaba nokulungiswa kwendawo.eProtea South nase Thembalihle e Rhawutini umhlaba abathi abahluphekayo bawuchonga bahlale kuwo , ekucingwa ukuba ulungele bona . kodwa lento ayithethwa. UDomite kuphela kwesilwanyana esoyikekayo esinokusetyenziswa ukoyikisa abantu , onokuphumelelisa ukugxothwa kwabantu.

Xana wayesothula intetho yakhe kwi State of the Nation address, uMsholozi ngokwakhe wabophelela urhulumente wakhe ukuba afumane ngaphezu kamawaka amathandathu e akile omhlaba osendaweni entle, unikwe abahluphekileyo. Esi sithembiso seza siyimpendulo kumzabalazo wabahluphekileyo ezidolophini nakwiziphaluka zoMzantsi Afrika wonke . Ngokucacileyo urhulumente uyoyiswa ukunikezela lo mhlaba, kodwa ayikho into enokwenza abantu bayeke ukuzibonela nokuzithathela imihlaba ekwindawo ezilungileyo ngokwabo. Oku sizakuxhasa ngokupheleleyo singumbutho. Ukuba indibano esifuna ukuyenza necawe, nabasebenzi, inzululwazi ne urban experts iyakusixhasa koku, ngoko ke siyakwazi ukuba bakwicala lethu ngokwenyani . kangangoko abantu behlala , besifa eludakeni nasemililweni, neyiphi na ipolitika ekuthiwa yeyomonde yenye nje ingcinezelo.

Kodwa umba wesithembiso sikaMsholozi ayingombuzo nje wokuba ufunyenwe wanikezelwa umhlaba okanye awufunyanangwa ongange akile ezingamawaka amathandathu. Kukho umbuzo wokuba ngubani othatha isigqibo sokuba ngowuphi umhlaba ofanelekileyo kwaye nongafanelekanga. Umhlaba awufanelekanga ukuba ubonwe ngurhulumente. Abahluphekayo okanye abacinezelekiyo banelungelo lokuzibonela ukuba ngowuphi umhlaba obalungileyo. Ukuba idolophu zethu zizakuba zidolophu njengoko ke njengabahluphekileyo kuzakufuneka sizomeleze sikhe silungele ukuthata inxaxheba. Sonke sizakufuna inkuthazo eyaboniswa kwi Symphony Way ne Macassar Village eKapa .idolophu zethu zidinga inkokheli eziqinileyo kwabahluphekileyo nezinesazela ngendlela umba womhlaba usengumbuzo obuthathaka . umbutho ,indibano nongenelelo lwabahlali nengqondo yepolitika ecacileyo inokwenza , abalwela inkululeko abanokubeka intando yabantu ngokuchasene nokwakha idolophu zethu ezimbalwa. Ukutshintshelwa komhlaba unikwe abahluphekileyo nakubasebenzi kudinga intshukumo eluqilima . idinga intshukumo nentlanganiso ezimbalwa . yonke lemithetho nalemiqathango ikhetha icala lezityebi kumahlwempu ngoko zaba nemiphumela ebangela yokubakho Indawo zokuhlala ezingavumelekanga.

Amaphupho ethu angabonakala kuphela xa umhlaba lo sewuthathiwe kwabahluphekileyo unokunikezelwa kubo ngesithembiso sotshintsho, kwaye abahluphekileyo bangazifunel angokwabo ezinye iindawo. Urhulumente unoxanduva lokuphuhlisa Indawo zokuhlala zethu azixhase ngokwakha izindlu, kwaye asixhase ngokwakha iindlela, nokuzigcina zisemgangathweni phambi kokuba acinge ngokwakha izindlu zexabiso eliphantsi. Utshintsho lwegama lwabanini mhlaba kufuneka lize kuqala, kulandele uncedo lwekonzo nolwakhiwo, kulandele ulwakhiwo lwezindlu nokuzigcina zisemgangathweni idolophu.uhlobo ezikhula ngayo idolophu zethu kubonakalisa ukuba singangabi nomhlaba owaneleyo ekuhambeni kwexesha . xa kunjalo kungalulutho ukucinga ngendlela zokulwa uxinano sinikezele ngemisebenzi kwabanye abantu ukuze kuqalwe kucetywe ngokutsha. Kodwa ngaphandle kwengxoxo ezifanelekileyo nendawo ezivulelekileyo zokuthetha ezi zinto ngomntu wonke lento ayinakuphumelela okanye ukuba ingaphumelela ayinakwenzeka ngendlela elungileyo

Umzabalazo wethu, nayo yonke imizabalazo yokwenyani yeyokubeka abantu phakathi kwophuhliso, kuqalwe ngabo bathathelwa imihlaba nabangenamakhaya. Ukuzama ukususa intetho yezopolitiko kwezemihlaba, nokunciphisa umbuzo onzima womhlaba akuzusinceda. Ukwenza umbutho obumbeneyo wabahluphekileyo onokuthatha inxaxheba kwindawo esihlala kuzo kubalulekile ukuze kubekho utshintsho. Kwezongxoxo zabahluphekileyo abo bakhutshelwe ngaphandle ngenxa yokuba ababalulekanga ayisebenzi kwindawo esihlala kuzo njengokuba ezinye impendulo ezibalulekileyo abaninzi bethu abangakwaziyo ukuzibona zikwabahluphekileyo. Isuke imbangi yobubi obuzalwe yindlala busulelwe kwabahluphekileyo. Amaxhoba alempatho imbi azifumana ebonwa njengabantu ababi. Urhulumente , njengabo abaqhubeka bephila ubomi obuntofontofo ngenxa yabahluphekileyo,bayaqhubeka bebona imfuno zabahluphekileyo zingenasizathu kwaye zibubuvuvu. Kubo bonke abantu ekuhlaleni, imfuno zabo zezona zibalulekileyo kwaye izezona zinesizathu ngoba sihlala kwezona meko zimbi. Imfuno zabo bazizityebi zezona zingafanelekanga. Ngokusebenzisa ingqondo nangomthetho zingakwicala lethu lomzabalazo ukubeka intando yesininzi phambi yentando yegcuntswana ukuze iphupho lethu lenzeke.

Enkosi.

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When the Poor Become Powerful Outside of State Control

When the poor become powerful outside of state control
S’bu Zikode
2010-11-11, Issue 504
http://pambazuka.org/en/category/features/68604

It gives me great pleasure to be invited into the United States of America to speak, not only my mind but a collective mind of many Abahlali members. I only get these invitations because of the movement I am part of, so I thank Abahlali baseMjondolo Movement SA. I also thank the National Economic and Social Rights Initiative and I thank all friends of Abahlali based in the US.

The power of the poor starts when we as the poor recognise our own humanity – when we recognise that in fact we are created in the image of God and are therefore equal to all other human beings. But the recognition of our humanity without action to defend our humanity is meaningless. It is very important that we as the poor begin to define ourselves before someone else from somewhere else begins to define us. It is very important for the poor to say, this is who we are, this is where we are and this is what we want. In our movement, as in many movements around the world, we say that we are the poor, those who do not count. We say that we are the excluded and the disrespected. We say that we want our full humanity, that we want justice, that we want dignity and full participation in the planning of our communities.

The more of us that stand together the more our humanity is fulfilled. The power of the poor becomes evident when the poor are able to organise ourselves for ourselves. When we begin to achieve this it is always a moment of great promise and great danger. Frederick Douglass, the great hero of one of the greatest American struggles, the struggle against slavery, said: ‘Power concedes nothing without a demand.’ This is why a collective demand, a demand backed by organisation, determination and courage is a moment of great promise. But it is also a moment of great danger because the power of the rich and the politicians always takes the legitimate demands of the oppressed to be criminal and illegitimate. This is one reason why we need to stand together across the sea. We can only redeem the promise of our struggle if we can survive its dangers and none of us can do that on our own. I have been sent here by Abahlali baseMjondolo to build a living solidarity with the movements in America. We want to look for ways in which we can support each other to realise the promise of our struggles.

There is also a real danger for the organised poor if we do not define ourselves. If we allow others to define us and to define our struggle we risk being defined as people who are not able to struggle for ourselves – as people who need leaders and not comrades, as people who must be spoken for and not to. But when we succeed in defining ourselves, and in escaping the danger of not defining ourselves, we have to face a new danger. There is another kind of danger for the organised poor when we do define ourselves. Our movement is going through a tough time after successfully defining itself. We are under attack from the state, the rich and even a few individual leftists who are all divided in their economics but united in their politics – in their belief that it is their duty, the duty of elites, to speak for and to represent the poor.

As Abahlali we have successfully represented our struggle both nationally and internationally. This has been a crisis for some of those who have employed themselves to speak, write and decide for the poor. The refusal of our movement has been met with a huge campaign to discredit and rubbish our movement’s effort to build a just society where everyone matters. We have learnt that there is a very big difference between those forces in civil society and the left that are looking for followers and those that are looking for comrades. We have learnt that there is a very big difference between those forces in civil society and the left who think that they are the only ones that can liberate the poor and those that are willing to work with the poor as we liberate ourselves. We remain committed to a bottom up politic, a living politic, an every day politic of the political empowerment of ordinary women and men.

The state has many strategies to silence the poor. Leaders are offered money and jobs. There is quiet diplomacy through which the movement is given some acknowledgment. There are meetings that lead into all kinds of technical debates and away from the simple politic of our demand for land and housing. There is intimidation. But when all these efforts by the state to silence the poor fail they send in the police. The police do not come, as we have asked, to protect the poor but to beat us, arrest us and even shoot us. We have braved all that and survived brutal attacks. Our popular activism in action has made our movement grow rapidly despite repression.

Our movement has faced many challenges. When we started to become a powerful force in society and began to win many victories. We stopped evictions, forced interim services in some of the settlements and won some kind of recognition. The state then went to try its legal means of attacking the shack dwellers and the poor. The state came out with a new legislation called KwaZulu-Natal Elimination, Eradication and Prevention of Re-emergence of Slums Act of 2007. The new legislation was created to legitimise these attacks. To be poor and homeless meant to be criminal and you could be imprisoned for up to 25 years for resisting an eviction. Abahlali mobilised all kinds of resourced people including lawyers to challenge the constitutionality of this legislation. The poor South Africans were represented by Abahlali who were represented by the Centre for Applied Legal Studies at Wits University.

When our case was heard in the Constitutional Court it was clear that the state couldn’t answer our case. The state was humiliated by the inevitability of a serious defeat by shack dwellers. There was a long moment of silence. We continued to feed our orphans, to look after our sick. We continued to build crèches and vegetable gardens as projects of self help. We continued to discuss our living politic at our University of Abahlali baseMjondolo. All these good efforts of trying to build an equal society became a major threat to authority. Some state institutions have good people who we kept engaging while being very careful to always keep our autonomy. We carefully managed different negotiations without being co-opted into the system so that we could claim victories from the state while continuing to build our power outside of the state.

But as we kept building a strong movement the state was busy preparing itself to destroy our movement. On the 26 and 27 September 2009 a group of about 40 armed men violently attacked our head quarters in the Kennedy Road settlement. The police failed to protect us. As people tried to defend themselves there was fighting and two people were left dead and others injured. The homes of our leaders, their families and friends and the general membership of Abahlali were destroyed and we were driven out of the settlement and forced out to hiding. The attack was openly endorsed by the provincial leadership of the ruling party and the provincial government. Up until today our attackers were never made to answer to their crimes committed on the day of the attack. Abahlali called for the Independent Commission of Inquiry into the attack, but this call fell on deaf ears. A short time after the attack we won a historic victory against the constitutionality of the Slums Act.

This attack is the sort of heavy price that a movement of the poor may have to pay for the prize of a human world, a world of equality and dignity, a world where the land and wealth are shared. This sort of attack happens when a movement continues to organise, to think and to grow outside state control. A living politic is not built in one day. It is built in prayer, humility, sacrifice and courage. Our struggle is a class struggle. It is the struggle of the poor – those who are living in shacks, selling on the streets, doing domestic and security work. To build a fair world where everyone matters we need allies amongst those in a similar class and amongst those with better resources and opportunities.

The time will come when the poor, the uneducated but human, will be required to play a humane role in society. A time will come when the humanity of every human being is recognised in society. This time may or may not be the judgement day. When this time comes will depend on our commitment and courage. It will also depend on how well we can support each other’s struggles. History will judge us all.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* November 2010. This was a presentation to the National Economic and Social Rights Initiative delivered to various part of the United States of America.
* S’bu Zikode is the president of Abahlali baseMjondolo.
* Please send comments to editor@pambazuka.org or comment online at Pambazuka News.

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The Protests in TR Section Today Are Organised by the ANC Youth League and Not by AbM Western Cape

ABAHLALI BASEMJONDOLO MOVEMENT OF SOUTH AFRICA (WESTERN CAPE PROVINCE)

Website: khayelitshastruggles.com or www.abahlali.org
Email: abmwesterncape@abahlali.org office admin: 073 2562 036/ 083 446 5081

The Protests in TR Section Today Are Organised by the ANC Youth League and Not by AbM Western Cape

We have just heard that three vehicles were burnt during a protest in TR Section, Khayelitsha, today. One of them contained stationery for the matric exams.

We want to make it absolutely clear that this protest was organised by the ANC Youth League and not by Abahlali baseMjondolo of the Western Cape. We only heard about it for the first time when we started to get calls from the media.

It is well known that the ANC Youth League represents the interests of the predatory elite within the ANC. They are part of the power structure against which we are struggling. They are attempting to hi-jack the legitimate struggles of the poor in Cape Town in an attempt to win back power from the DA. We condemn their attempts to hi-jack the struggles of the poor and we condemn their actions this morning.

We know very well that the ANC is evicting and oppressing shack dwellers all over South Africa. We know very well that the ANC Youth League is the most reactionary faction in the whole of the organisation. We condemn any attempt by the ANC Youth League to try and camouflage their predatory agenda in Cape Town by making it look like it is part of the ongoing country wide rebellion by the poor. Our movement will provide no shelter for the ANC Youth League and their ambitions to return to power in Cape Town. We call on all other organised poor communities to take a principled position against the dirty tricks of the ANC Youth League and to organise, speak for and struggle themselves.

We also note that in Durban Abahlali baseMjondolo is accused by the ANC of being a front for the IFP and Cope. In Howick our movement is accused by the IFP of being a front for the ANC. In Cape Town we are accused by the DA of being a front for the ANC. And here in Cape Town TAC has blamed us for the actions of the ANC Youth League. We are an autonomous and democratic poor people’s movement that rejects all the political parties in South Africa. We often start our meetings by saying ‘Phantsi DA! Phantsi Cope! Phantsi IFP! Phantsi ANC!’. Our project is to build the power of the poor against all the political parties.

Our movement is driven by no force other than our members and the discussions that our members organise in our meetings. It is time that the political parties, the media and the NGOs accept that poor people can think for themselves, organise themselves and mobilise themselves.

For comment call: Mzonke Poni ABM WC Chairperson 073 2562 036/ 083 446 5081

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AbM is Resisting Illegal Evictions in Block R & KK Settlements, Soshanguve, Pretoria

ABAHLALI BASEMJONDOLO (SOSHANGUVE CHAPTER), ARE FIGHTING TO STOP THE UNLAWFUL EVICTIONS OF THE POOR IN BLOCK R AND KK INFORMAL SETTLEMENTS.

Abahlali baseMjondolo under the auspice of the Soshanguve concerned Residents Group(SCRG) have been involved in a protracted struggle to stop the City of Tshwane from arbitrarily evicting the poor people living in Block R and KK informal settlements without following proper lawful channels.

In a memorandum handed to the former speaker of the council (Councillor Khorombi) and the former City Mayor (Dr. Gwen Ramokgopa), the Concerned Resident’s group acting on behalf of the residents, stated that Since July 2009, the Counselor have been overstepping his mandate by acting contrary to the dictates of the law. It is their believe that the Counselor is acting ultra vires and looking down upon the rights of the people as enshrined in the 1996 constitution and the PIE Act. The people of Block R and KK informal settlements pointed out that while their area was regarded as an informal settlement, they are the formal citizens of the Republic and deserve to be treated with respect, fairness and justice. Not so long ago, like the rest of the South Africans, they bought into the promises pledged by the ruling party of a “better life for all” and joined in the long queues to vote for them. “Our vote is not in any way different or inferior to the one cast by the people from formalized areas” they said.

They requested the mayor to instruct Counselor Ngwenya to refrain from abusing his power and acting outside his jurisdiction. They also charged that Ngwenya is failing them by practicing divide and rule tactics where he cunningly corner the vulnerable people (especially the elderly and illiterate) and told them to leave their homes permanently. He then come back and claim that these people left voluntarily. The place they sent the people is block SS, Ext. 5, an uninhabitable piece of land without basic infrastructure. (There are few taps of water there and the entire community has to rely on about five mobile toilets).

On other instances, Mr. Ngwenya has send sms’s to the residents instructing them to leave and those who refused to go were threatened that their homes will be demolished by Makaleng Joint-Venture, a company believed to be owned by a senior official in the Housing department of the Municipality. All this was done without considering the economic impact on this people who, most of them are not even employed. A lot of families had children who are attending school nearby and the relocations would obviously bring hardship to these families and their children with regard to their travelling expenses to and from School.

The mayor was also reminded that in her state of the City Address during May 2009, she mentioned that Block KK would be formalized within the current financial year. After the memorandum was given, the speaker arranged a formal meeting with the concerned residents committee and the problems were discussed at length. An in- loco inspection of the area concerned was also undertaken. The speaker ordered that while the matter was being investigated, the council should put the evictions into abeyance.

It was then that the council stated that the reason for removing the People out of Block KK is that they are located very close to a solid waste dump and in terms of the certificate from the Department of water Affairs, a buffer zone of 800m should be observed from the dump to the nearest human settlement area.

With regard to Erf 1939 Block R, they stated that the area was earmarked for Business.

Further, the Council stated that they have a court order which empowers them to evict this people.

In conclusion, the council passed a resolution that the people would be evicted anytime from the date that the last meeting was held.

In reply, The Concerned resident’s committee representatives stated that:

i. The Mayor had promised that Block KK would be formalized;
ii. The people lived in the area before the Solid waste dump was established;
iii. The waste dump is located close to human settlement in contravention of the license to observe the 800m buffer not vice versa;
iv. Other than the informal site at Block KK, There are other established formal settlements in the surrounding including a live- in reformatory School and a place of safety for destitute children.
v. The Stench and flies that come from the dump is pausing a health hazard not only to the people at the informal settlement but to the entire area;
vi. More than 1000 house- holds and the schools are affected by the dump that is placed without considering the license requirements;
vii. The municipality was further informed that the Court order that they claim to be an authoritative base for their action was inappropriate because it was not meant for the residents of the informal settlements. This was an order that was granted to the municipality to stop the people from illegal invasion of municipal owned land. However, in this case, we are talking of the people who are already living in the area for a considerable period of time, not does who intend to invade as stated in the order;
viii. Even if the order was appropriate to be used as a authority for evictions, it would not apply to the people of block KK informal settlement because they were not cited as respondents in the application.
ix. Further, Even if you can remove the people who occupy the land informally at Block KK, the problem of environmental health affecting the lives of many other people who live in the vicinity where the solid waste dump is unlawfully located will continue: this is in violation to section 24 of the 1996 constitution;
x. With regard to Erf 1939 Block R, the area is well suited for human settlement as compared to Block SS where the people were to be settled;
xi. The reason given by the council is that when the town planners made their plan over twenty years ago, there was no business centre in the area and the people from there had to travel a long distance to Mabopane Station. However, as we speak today, a new modern shopping complex with Banks, Restaurants, Supermarkets and the post office etc has been built about half a kilometer from the site in question;
xii. The problem of addressing a need for viable business centre has since being addressed;
xiii. The site in Block SS ext 5 is still under geological survey and most parts of this land is swampy and lies on a dolomite and flood line, making it unsuitable for human settlement, especially the poor who do not have means to develop the area;

With the above facts at hand, the concerned residents committee recommended the following:

a) Tshwane Municipality must stop the all the evictions in both Block R and KK informal settlements permanently;
b) Tshwane Municipality to formalize and develop the affected areas into formal residential areas;
c) Tshwane Municipality to close down the solid waste dump which is seen as a stumbling block to the development of Block KK informal settlement (This move shall also help to resolve the environmental health hazard posed by the dump);
d) Should there be a compelling reason for the Municipality not to meet recommendations A and B above, and the people be forced to be relocated, such relocation should be done with due consideration of section 4(7) of the PIE Act;
e) Further, The Municipality must ensure that the area where people are to be relocated must be well serviced with RDP houses or shelters of equal or above status as those where the people are currently living;
f) The cost of relocating the People and erecting new temporary shelters must be borne by the Municipality.

This is aimed at safeguarding the vulnerable citizens as alluded by the Deputy Chief Justice Dikgang Moseneke in the Constitutional court matter between the Joe Slovo Informal Settlement and the City of Cape Town.

The honorable judge stated then that:” no matter how commendable the government’s intentions about the use of land, without the solid promise of alternative housing, evictions might turn out to be a method of brutal state control and far from the progressive realization of the socioeconomic rights the 1996 constitution guaranteed”

So far, the municipality has not agreed to these proposals and the residents are waiting for the bulldozers to come and break their shacks that have been their home for many years. At the mean time, the Community has approached the Lawyers for human rights to help if the municipality implements its threat. The real worry that the residents have currently is what the future holding for them. They would like the Municipality to implement the recommendations made by the Soshanguve Concerned residents Committee but up to so far, the municipality is quite. The Residents are becoming impatient about this silence and their anger hangs like a time bomb which may soon explode into flames as seen in many areas within the country.

This press release is prepared by: Selata wa’Nkwane
(obo: the Soshanguve Concerned Residents Group)
Tel: 076 192 44 77
Email: salvationtrust@webmail.co.za
Skype: nkwanesa3

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Cape Times: Shack movement won’t back ANC

Note: AbM, along with its sister organisations in the Poor People’s Alliance, has always boycotted all elections and refused any affiliation with any political party. However none of the movements in the alliance have ever interfered with the rights of any person to freely campaign for a party or to vote if that is their choice.

http://www.capetimes.co.za/index.php?fArticleId=5720466

POLL SUPPORT REFUSED
Shack movement won’t back ANC

November 08, 2010 Edition 1

Quinton Mtyala

THE ANC’s chances of retaking the City of Cape Town at next year’s local government elections have taken a knock after Abahlali baseMjondolo rebuffed ANC Youth League overtures.

The shack people’s movement has been behind service protests in Khayelitsha, but insists its members have not acted violently but disruptively.

The movement’s Western Cape leader, Mzonki Poni, said that after the eruption of protests in September he was approached by the league’s Loyiso Nkohla, who called for the City of Cape Town to be made “ungovernable” in the wake of the Makhaza open toilet scandal.

“We’ve been approached by the youth league, but we refused to work with them. They’re pushing a different agenda to ours,” Poni said.

For the ANC to retake Cape Town from the DA it would need majority support in Khayelitsha, the city’s largest township with close to 750 000 residents.

But the movement has vowed it would boycott and disrupt next year’s local government elections, saying political parties, particularly the ANC, viewed shack dwellers as voting cattle.

Nkohla denied wanting to co-opt Poni, saying the league had hoped to “reach out” to them since no ANC ward councillors would meet Abahlali.

“After the TAC, SJC and Cosatu accused them of working with elements of the youth league, I called him to clarify the situation and see if we could work together.”

This followed the stoning of buses and burning barricades being placed on thoroughfares passing informal settlements.

Nkohla denied the league was behind violence in TR-Section, from where residents had been promised they would be moved. Poni insists Abahlali baseMjondolo, which is active in 15 Cape Town communities, will not be used as a tool by political parties hoping to show up their opponents.

“We’re not going on to the streets to disrupt the DA-run city council, or saying that if the ANC takes over Cape Town things will change for us.”

He said Abahlali’s recent protests were intended to bring development closer to people.

“We’re challenging undemocratic government policies and a top-down approach from those in power,” Poni said.

Martin Legassick of the Anti-Eviction Campaign said ANC councillors showed no solidarity with poor constituents.

Legassick was kicked out of the exiled ANC in 1985 after being suspended in 1979 for being “factionalist”.

“Ward councillors in Cape Town earn R27 000 a month. That separates them from ordinary people. The ANC has a contempt for ordinary people,” he said.

Justin Sylvester, a political researcher at Idasa, said that, although Abahlali baseMjondolo claimed to have no political ambitions, it was an alternative to the ANC.

quinton.mtyala@inl.co.za

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When Loyalty Becomes a Threat to Society

When Loyalty Becomes a Threat to Society

Presented at the University of Chicago by S’bu Zikode, President, Abahlali baseMjondolo Shack Dwellers’ Movement, South Africa with introductory remarks by Dr. Dipesh Chakrabarty, Lawrence A. Kimpton Distinguished Service Professor of History, South Asian Languages and Civilizations.

Co-sponsored by The Human Rights Workshop and the National Economic and Social Rights Initiative (NESRI), Co-hosted by the African Studies Workshop and the Human Rights Program of the University of Chicago. Presented on Monday, November 8, 2010 at 5:30pm, at the University of Chicago in association with Southside Together Organizing for Power (STOP), Fearless Leading by the Youth (FLY), South Austin Community Coalition

I have been invited by the National Economic and Social Rights Initiative to come to the United States of America to speak, to learn and to share our experiences of struggle in South Africa. I wish to thank the National Economic and Social Rights Initiative for their invitation and for their solidarity with our struggles. Over the last years a number of comrades from our movements have received invitations to travel to other countries to try and build a living solidarity between our different movements. As members of Abahlali baseMjondolo we only get these invitations because of the strength of the movement of which we are part and so we are very clear that we travel as elected and rotating representatives of a living movement of the poor and not as individuals.

The churches and friends of Abahlali all over the world, including here in the United States of America, have rallied to our support in most difficult times. After the shack fires that have taken many lives of our children and parents, after flooding, after beating by the police and politicians, after violent attacks etc. We thank you for all that. If it was not for your support we fear we would not still be surviving. When the poor ask for what is basic to life we are taken as a threat to society by many rich people. The most basic and humble demands are shown to the world as if they are the work of criminals, third forces and people who can’t think and who are violent. For this reason it is very important for the survival of our struggles that we can build alliances with people who are willing to testify to the world that it is not the organised poor who are a threat to society but that it is the system that makes some people to be poor and others to be rich that is a threat to society.

I will speak on various issues while I am here in the USA but today I will speak on the question of loyalty.

Our living politic begins with the fact that all of us were created in the image of God and are therefore equal. Our living politic starts by recognising the full and equal humanity of every human being. We struggle as human beings with equal worth and intelligence to all other human beings against a system that produces inequality by denying, everyday, the humanity of some of us.

When our movement started in 2005 it was out of anger, hunger and frustration. We were becoming desperate and we needed to be heard. Our first collective act, the act that gave birth to our movement, was a road blockade in March 2005. When we blocked the road none of us had planned to form such a movement. In fact none of us had even planned the road blockade long in advance. Many of us did not know that the road blockade was such a political act. Yet we realised how political it was when fourteen of us were arrested, unlawfully detained and beaten in prison. We had thought that we were being ignored because our voices were not being heard. But we discovered that when we forced our voices to be heard and asked to speak to the authorities they would send the police instead. We discovered that in the eyes of the state our demand to be heard was taken as a criminal demand. Later we discovered that some parts of civil society took the same view. We discovered that we were supposed to suffer in silence while other people, politicians and experts, debated our lives, our struggles and our futures. But we also discovered our collective strength as the organised poor, the self organised poor.

Loyalty has been both our weakness and our strength.

Loyalty was destroying us when we gave it to the political parties. Our loyalty did not help any of us with our various party political affiliations. Our loyalty did not even help those of us who struggled and made a lot of sacrifices within the United Democratic Front (UDF) during the struggle against apartheid.

But loyalty has also been the source of our survival. Loyalty is fundamental to the strength that we build in our families and with our friends, our movements and our communities. As a poor person you cannot survive in this world on your own. Without loyalty there would be no one to care for your children when you are at work, to offer you a place in their home after a fire or an attack, to introduce you to a community when you need a place to live, to stand with you when the police and the land invasions unit comes. Maybe it is because we cannot survive without loyalty that we take loyalty to be such an important thing.

But while loyalty is the great strength of the poor it is also at the same time a great threat to the poor. Loyalty to political parties and to those who try to privatise the history of the struggle against apartheid for themselves becomes a very serious threat to the poor in a top-down system of governance. It is even dangerous to our democracy, a democracy that continues to serve the interests of the few, while the majority are rotting in the shacks, without homes, without jobs and without dignity. Loyalty becomes too dangerous when political leadership exercise their loyalties to their political parties and to individuals within their parties to advance themselves while excluding the poor. This has promoted a culture of corruption, favours, nepotism, political intolerance, violence and the party politicisation of government service delivery.

Those of us who are opposed to this loyalty to the politicians will not only be excluded but we will also be severely punished. It is on this basis that the shack dwellers and the poor are taken for a ride and are made to serve their life sentence in the shacks, despite numerous calls for small steps forward such as the Millennium Development Goals. In fact in our country the MDGs have just become a new licence for those in power to advance themselves through BEE. Our country is at the brink of catastrophe. The poor continue to get poorer while the rich get richer and more oppressive to the poor. We feel the world closing in on us. We have long been warning that the anger of the poor can go in many directions.

Loyalty should start with us. It should start from where we are, with what we have. We must first be loyal to ourselves without seeking to impress anyone else with this. We must then be loyal to our families, to our communities and to our society. Our loyalty should start from the bottom of society, where we are, and not from the politicians at the top of society.

I must also warn that loyalty does not come from being rich nor from being successful in one’s career. It does not mean that we should agree when there is no need to agree. It should not be seen in terms of peace and compromise. What may be moral and benefit the most vulnerable groups in our society and our future generations may take us into conflict with the politicians and the rich. Sometimes it may also take us into conflict with some parts of civil society.

Today let us review our loyalties just to check how much of damage or good they do to others. Let us continue with those loyalties that keep us safe, that affirm our dignity, that louden our voices, that build our power. Let us put away those loyalties that tie us to the people and systems that keep us oppressed.

Loyalty to the political parties, to the experts and to the whole top down system has resulted in these loyalists denying the shack dwellers and the poor their rights to citizenship, to cities, to well located land, decent housing, safety and education. We have been denied basic services, such as water and sanitation, electricity, road access, refuse collection. We have been excluded from participating in the discussions on our future. And most importantly we have been denied our dignity, Ubuntu and Abahlalism. It is through this denial that the state – with the support of some few regressive leftists – think that they can buy or intimidate our struggle in order to bury our struggle so that they may continue to have the only legitimate right to speak for the poor. We will never accept this. The poor have the same rights as everyone else to be at the centre of the discussions concerning our future.

We are calling upon all the poor and all the marginalised along with all the progressive social movements of the poor and those NGOs, churches and individuals that are willing to speak to and not for the poor, to struggle with and not for the poor, to join us in our journey to a fair world which is a world of equality, a world in which everyone counts. This is not an easy journey. Sometimes it is very difficult. Sometimes it is accompanied by lies, beatings, arrests and death. But we will keep going forward although we know that victories are not certain and that when they are won they are sometimes won at a considerable price.

For example in 2009 we won a case in the Constitutional Court against the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act 2007. We slaughtered two cows in celebration for this victory. But we were punished for this victory by means of a planned violent attack on our movement. The violence that followed the attack left two people dead and several injured. The Abahlali headquarters were looted, the homes of its leadership and their families homes burnt down and several hundred people forced to hiding. Our attackers were fulfilling their loyalties to those politicians who instigated the attack. The Premier of the province and the President of the Republic were all silence. None of our attackers were arrested and the few charges that we succeeded to open against them were never investigated.

This was clearly an attack on our hard won democracy. Our constitution allows for all such formations as democratic organisations like our movement. But the state and its party are shutting down the spaces of democracy. Abahlali have worked hard to create its own space to share, learn and build living solidarity amongst the poor. We had worked very hard to protect such a space even when the party loyalists want to hijack it for themselves to secure their future career with it. Although we have taken our space in our society humbly we also take it firmly and we refuse to give our power away. We will not allow the loyalists to the people and the system that oppresses us to destroy our movement and compromise our morals. Our loyalty remains with the oppressed and with all people who are willing to take a side with the oppressed in our struggle to build a just world.

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Daily News: Ensnared in poverty trap


http://www.dailynews.co.za/index.php?fArticleId=5714874

Ensnared in poverty trap

Sandile* works as a security guard in Durban. In a hand-written submission to the Daily News, he discusses what his job entails and why there is a need for the mobilisation of the poor.

November 03, 2010 Edition 1

Maybe it is good to remind the people that where there is capitalism, the capitalists exploit the workers more than anything you can think of.

These days with unemployment being so high, the people are queuing up to be exploited. But we must remember that this is not a natural system. There is no reason why each and every person cannot have their dignity.

I have been working as a security guard for many years now. I used to think the security industry was such a good industry because the guards were always smiling. Later I noticed that somebody told them to be always smiling.

There is a real need for the government to do something about the security industry. One of our leaders said that the government is supposed to sort out the problems facing the security guards.

The government should make sure that the industry is regulated and that the regulation is in the interests of the workers.

Of course whenever regulation of an industry is proposed, all the petty capitalists and the venture capitalists complain because they are afraid to lose money, and so in the end no one decides to support the government. This is how the system works.

The people elect a government and instead of obeying the people, the government listens to the capitalists. This is why in many countries the people are organising themselves to be able to put more pressure on the government and the capitalists.

It is bad to be a security guard. We are working with a very low remuneration. Nightshift and dayshift, we are always here waiting for somebody and we don’t even know when he is coming or what kind of a gun he is going to come with.

We are poor people and most of us risk our lives every day to guard the property and lives of rich people.

At most of the places where we work there is no shelter (guard house). Where I’m writing this article now, I’m sitting in the sun. It’s okay, but when it’s windy and raining I sit in the same place.

When I get sick they don’t contribute even one cent. I’m the one responsible. In some sites there is even an Occurrence Book and when you read what is in that book it looks like somebody can come and kill you and no one will know anything about you.

Even if we are asking our ministers to intervene, they say we must go back to school. But is working as a security guard supposed to be a kind of punishment for a lack of education or is it supposed to be a job? Anyway, who said that all the security guards are not educated?

Who said that those of us that couldn’t finish school or who couldn’t study after school are responsible for that?

There is such a thing in this country as a history of oppression that made some people to be very poor. Abahlali baseMjondolo (the shackdwellers’ movement) has always taught that the rich and the poor were made as they are by the very same system.

Sometimes if you are complaining about something you hear those who are always repressing the guards saying: “It’s not me who said you must not go to school.”

Education

One thing I think of a lot is that we must talk about life and about education because a human being is not a human being because of education. Educated or not, a human being is always a human being.

When we are told to vote for these same people, they don’t ask for our level of education before we cast our votes. On election day we suddenly all count the same. The next day it is back to normal and we, as the poor, we count for nothing.

If you don’t have political connections then you need education to get a good job. If we need education to be able to do good work, then why is there not free education for everyone? Why does the government not invest in the people?

Imagine how many people could have learnt a trade or a skill for the cost of one football stadium. I am failing to understand why, if education is so important, people are left uneducated.

The only way for us to make some reforms in the companies is by building the strength of the unions. But even the good unions are part of the system.

The unions really need to change. The unions must make sure that the people who are supposed to deal with the people’s problems must be those who are willing to help the people.

They must be the slaves of the people and revolutionaries, real revolutionaries, not those who just talk revolution on TV.

They must be somebody who takes the people’s feelings as theirs. Most of the unions are so terrible. I don’t want to say a lot, but only they become fat cats by taking our monies from our accounts for nothing.

Unions have become a kind of business. They have become a joint venture with the bosses and not a tool in the hands of the workers.

We are being fired for nothing if we try to stand up for our rights, but most unions are not doing their job. Some unions get just as scared as the bosses if they see that the workers are trying to organise themselves on the site.

Sometimes you notice that it seems as if you joined a union only to make it easy for the company to get rid of you.

It is much bad when the people get fired at the direction of the union and later the company noticed that it was a mistake to fire you and ask you to come back.

To all the guards, let us be united and form a working body for the security guards by the security guards.

This body can be organised, but not professionalised, on each site. There we can discuss all the problems that are facing us and that discussion will start from us and the decision that we take there will be by us and for us.

From that body we can take our problems to the unions and from the union to the CCMA. But that working body will be there all the time. We will not hand our problems over to the unions. We will organise outside of the unions to control the unions from the ground.

Corrupt union leaders will be no more and all the workers will be respected by our employers and the clients.

Sandile lives in the Cato Crest shack settlement. *His name has been changed to protect his identity.

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Motala Heights Will be a Community for All

There is an archive of entries on Motala Heights here.

Press Statement from Abahlali baseMotala Heights
30 October 2010

Motala Heights Will be a Community for All

When we joined Abahlali baseMjondolo and started our struggle in 2006 the municipality, led by the ward councillor Derek Dimba, were trying to destroy the jondols up on the hill. They were coming with guns and tear gas and evicting the people and destroying their homes. They were doing this illegally.

In the tin houses down in the valley the landlords, led by the gangster businessman Ricky Govender, were also evicting the poor people. They were coming with thugs and they were also evicting the people and destroying their homes. They were also doing this illegally but the polices were supporting them as they supported the municipality.

Derek Dimba was always in Ricky Govender’s house. The rich were united and we, the poor, were divided. Together they were trying to push all the poor people off this farm and to develop it for the rich. Govender was building the commercial housing developments for the rich himself.

Since 2006 we have had some ups and some downs in our struggle here in Motala. But we have faced a lot of threats and intimidation and united the poor in the jondols and in the tin houses against the power that the rich had over this community. We stopped the evictions in the jondols and in the tin houses. We electrified the jondols ourselves. We built a crèche. We organised all kinds of events and mutual aid. Through our participation in the larger struggle of Abahlali baseMjondolo we were also able to negotiate with the Municipality along with our comrades in the movement from other areas from the end of 2007 till the beginning of 2009. As a result of these negotiations we won an agreement from the municipality to provide more services to the poor in Motala and to build houses for the poor in Motala. This was a real victory. We went from a situation where all of the poor people were being driven out of Motala to a situation in which we brought the rich under some control and won an agreement that Motala would be a place for everyone and that we could all live here safely. That agreement is an agreement to put the social value of the land here before its commercial value and to put the right of an established community to remain together before the rights of the rich to use their money to make more money by evicting us and developing the land for commercial housing.

Land & Housing

The Department of Land Affairs came with Zamo from the Housing Department and showed us where development could be done. They said that this year is the second year of the planning period and that next year will be the third and last year.

But after a while no one in our office could get to Zamo but Kalinca [Kalinka Copello –a PhD student from Brazil] could. Why is it always like this? Mike Sutcliffe will meet with any student from England or America and try to charm them but he’ll never meet with us.

Zamo told us that Ricky Govender was working with Faizel Seedat of the housing department to do a private sector commercial development. Seedat and Govender call this ‘low cost housing’. But Govender will rush you R600 000 for a house. This is not low cost housing.

Govender has built a show house that is priced at R595 000 and he says that he has a paper that states that the municipality has given him money to develop the area. A comrade working in a steel company told us that Govender recently bought enough steel to build 1 600 houses. We’ve heard that Ricky Govender is building low cost houses for the government in Phoenix and Verulam. Here in Motala he is telling the poorest people to make a list of all their income including child support grants and any businesses that they have. This is creating the impression that Govender is providing the houses that we have fought for. We took a copy of Govender’s form to Zamo and Zamo was shocked. We can’t risk our housing budget getting into Govender’s hands. Money is a devil to anyone. It cannot go to Govender or to any other individual person. That money is for the community.

Govender’s vehicles and bulldozers were all repossessed in December by the sheriffs. It is widely known that he is owing money everywhere. Govender continues to dump illegally in the community and Dimba is not fazed about this. Even the Highway Mail has written about this. This has been going on for years. But Dimba is not fazed. Govender remains above the law in Dimba’s eyes. The poor are below the law and the rich are above the law. It seems that the law is only for the people in the middle.

Zamo has left the Housing Department and Nompilo has gone on maternity leave. We’ve heard nothing from the Department since Kalinka spoke to Zamo on the 8th of April and Nompilo told us on the 15th of April that the land assessment had gone to land affairs. Therefore we want clarity. The Municipality must come straight to the point and discuss everything openly with us like Zamo did. We are very angry.

Our demands to the Housing Department are that:

1. We want an urgent meeting to give us clarity on the status of the plans for our housing development and, also, clarity on what Ricky Govender is doing in Motala, on what land and with what money. We need to know what is his relationship with the Municipality.

2. We want regular meetings during the whole planning period of the development in Motala.

Some of our members are saying that instead of struggling all the time for the government to build us houses like they promised we should just demand that they just give the poor the land and then we can do our own mud houses. Some of us are old, we were born from here and we’ve never seen anything from the government. If they just give us the land and the paper to say that it is ours then we can see for ourselves. We are not hungry for their money. We are hungry for the land.

We read in the Daily Sun about that man that every day when we goes to look for work he also looks for bricks. Every day he comes home with three or four bricks and he is building his house solely three or four bricks at a time. If the government can’t build for the people it must let the poor people build for themselves. It’s like how they try to stop illegal electricity and water connections while they are failing to provide legal electricity and water connections.

Evictions

We stopped all evictions in the jondols in 2006 and there have been no more evictions since then. We stopped all evictions in the tin houses for a few years using various strategies including rent strikes, legal strategies and mobilisation. Most evictions are illegal and so legal strategies usually work very well. After a number of defeats Govender stopped intimidating people. He’s very quiet these days although he has recently been coming with people who we do not know and filming in certain plots in Motala. We don’t know why. But now the land lords are starting to get their confidence back. Ten families are threatened with eviction in lot 6 and a number of families in lot 35. Govender is threatening five families in Lot 46. They have not received eviction letters yet. It is just at the verbal abuse stage now. Govender is also trying to evict two families from Lot 13. He has been trying to evict these families for years but he has always failed. We have successfully defended these families.

We have been to the deeds office to check who really owns the land from which people are being evicted. It costs R150 to get each file. This is another way of excluding the poor. But from what we have found it seems clear that Govender and other people arriving and claiming to be landlords are just stealing land. According to the deeds office lot 36 is owned by the National Housing Board. And lots 18 and 51 are owned by the Municipality. All these lots were set for public housing in 1986. We demand that all the land owned by the Municipality must go to the poor and not to private housing or other commercial developments.

In every eviction case the papers from our side are also served on the eThekwini Municipality but they have done nothing. Whenever government can’t do anything for us we have to see what we can do for ourselves.

Since we started our movement we have only been unable to defend two families from eviction in the tin houses. We do not accept that people should be left homeless when there is a lot of empty land in Motala, some of it owned by the Municipality and some of it owned by the National Housing Board. Therefore we have identified and allocated land for these families so that they can build their own homes and stop being tenants of the rich. If government is not gonna take any steps to protect the poor who are made homeless then we have no choice but to take the law into our own hands. We will continue to do this. We demand that no one is made homeless in Motala. If government cannot afford to build us RDP houses now then they should just give us the land right now.

Services

We are still struggling for services. We tried to get the municipality to bring a grader to make the road to the jondols as this had been promised to us but then we were referred to Derek Dimba and so of course nothing happened. Everything that is supposed to be for the poor fails when it touches Dimba. If the Municipality is serious about working with all the people they need to work directly with the poor people and not with the councillors that are just here to oppress the poor. The councillors represent the rich and not the poor and therefore we must be allowed to represent ourselves. This is basic logic and yet it is often taken as a crime for the poor to organise ourselves and to speak for ourselves in this country.

Two years ago Bongo Dlamini and Shamita Naidoo made a statement to the Water Department about the need for more stand pipes in the tin houses. This was agreed to in the negotiations with the Municipality and PPT. But Bongo is late one year now and the Water Department only came now, on Wednesday last week. At first they just asked if there was a tap for the tin houses and we said yes but one stand pipe for all the tin houses without their own taps is not enough. We were very clear on this point and they have now agreed to put in new stand pipes in all the places where there is no water. We also negotiated with Zamo and PPT that they would build toilets in three places in the tin section. This was the first promise that was made to us in the negotiations but it has not been kept. We want them to bring those containers with toilets and showers.

The people with taps inside their tin houses are paying R200 and upwards for water. This is unaffordable for many families. From August billing is coming with a sewerage tariff but they don’t have a sewerage system. They are using the pit system.

There is a man called Steven (Duma) who has got an office in Pinetown which is called “Deprived Community Services and Helping Hands”. He helps the deprived communities to get water connections in their houses. He charges a fee of R1000 and then R60 per month. But now the Municipality is saying that his water connections are illegal. They won’t provide water connections but when someone else does they say it is illegal. Steven connections were like heaven to some of the tenants in the tin houses. Someone that is willing and able to do the work that the government is failing to do should be given the right to do that work.

Those that can’t afford water through Steven are still going through their neighbours. Often there is one legal meter for twenty families.

When it comes to electricity Operation Khanyisa is operating very well in the jondols. We are gonna steal electricity until they put the electricity inside. If they disconnect again we’ll just reconnect. They can’t stop us. Some people in the tin houses have prepaids but the bills are still coming too high. When electricity is unaffordable we have to go back to chopping wood. People have to wake up very early in the morning to chop wood.

We are also having a problem with the postal service. The tenants in the tin houses don’t get their post. The letters for those of us that are tenants of Govender go to Govender at his supermarket or warehouse. Either we don’t get the post or when we do get it it has been opened. We want our own cluster boxes with keys.

The Clinic

The clinic not only provides services to residents of Motala Heights but they also service nearby communities and the Westmead Industrial Area. However, the clinic here in Motala Heights is open only on Mondays and Fridays. Mondays from 9 till 3 and Fridays from 9 till 1. The nurses often arrive after 10am and take their own time for lunch while we are waiting outside. They have done away with providing services on Wednesdays.

They are supposed to give porridges and milk for the poor kids, pensioners and the sick, but they are not giving it. In Reservoir Hills the clinic even gives hampers for the very sick but not here.

Condoms are supposed to be supplied for free but people are afraid to go and ask the nurses for condoms because they ask people a thousand questions. That’s why we have had to organise condom distribution ourselves.

The blood pressure machine is not working and even our people with the killer virus are not getting their HIV medication. In fact they are not even getting porridge. Often the clinic just refers us to the hospital and then when we go to the hospital they refer us to the clinic. Sometimes the clinic refers us to Marianhill Hospital which is a semi-private hospital but you have to pay R150 to spend the night there and R360 for a scan and poor people just can’t afford this. We prefer to go to Khan’s Hospital because it is a government hospital.

One of the nurses is very helpful and she said that we have rights as people and that we must complain. But the other nurse is very rude to the poor people. She even refused to treat one very sick man who is living in an old truck because she said that he smelt. It is the job of nurses to treat everyone who needs treatment. This man is dying. He is in very critical condition. The hospice and the hospitals won’t help. The clinic chased him away because he was smelling. He spends all day just sitting in the bus shelter. Before the owner of the truck said that he could stay there, and put a plastic over the broken windscreen for him, he was living in the Post Box but it caved in under the rain. What kind of country are we where people must live like this? Where people must die like this?

The Health Department did set up a Health Committee here but it is not functional. There is no communication. It is the usual story with these top down structures.

As a movement we supported the Public Sector Worker’s strike because everyone needs to be paid properly and because most public sector workers are supporting a lot of people who aren’t working. But some of our people couldn’t get their HIV medication during the strike and their health has really gone backwards. This is not right. Nurses and other public sector workers must understand that when you work for the public you work for the people and the people mustn’t be forced to pay the price for the legitimate struggle of nurses against the greed and arrogance of the government.

We really need help with looking after some of the HIV ladies and their children here.

Budget

Every year the government makes the budget but there is nothing for us. It looks like nobody knows us. We are like the animals to them. But we are living people.

The municipality must come to all the communities and allow us to have input in the budget. We have two demands about the budget:

1. They must bring the budget to us and show it to us so that we can see where the money is going.

2. From next year and onwards there must be a participatory and democratic budget planning meeting in each community each year. Government must stop pretending that the councillors represent everyone in the meetings where budgets are decided. The councillors represent the rich. They do not represent us. We represent ourselves. Therefore the money for Motala should be allocated by an open meeting in Motala.

Schools

Every year we have the same struggle to get the poor kids into schools. Last year the poor kids were even stoned by the rich kids in Wyebank. We fill in the fee exemption forms for all the kids but some of them are rejected. Others are not rejected but they are just ignored and nothing is done. While there is no feedback the fees are accumulating. The poor children are treated badly. Sometimes they are sent home for silly things like having their hair too long when there is no one at home to look after them. It’s not right for a child to be roaming around on their own.

Councillors

Everything that touches Dimba fails.

Dimba says that there is no way in hell that he will come to Motala. He says that he feels threatened by us. But no one has ever got aggressive with him. All we did was to come to his meeting and ask him our questions through a loud hailer. If councillors think that questions are threatening that is their problem and not our problem.

When Shamita phoned him recently, on the speaker phone at the Minister’s Fellowship, he took off with her and put the phone down.

He won’t even give us the proof of residence.

Like in most areas where Abahlali baseMjondolo organises, Dimba, like most councillors, refuses to give us the proof of residence forms that you need to get a bank account, to make your cellphone legal and to get grants. This is one of many ways that the councillors try to control the poor from the top down. We have had now made our own arrangements to get proof of residence certified for people on a regular basis without having to go through Dimba. In Kennedy Road Abahlali baseMjondolo just started issuing proof of residence forms on its own. We are looking into this.

In 2007 the PR councillor, Mr. Narenjee from the IFP, said in the paper that he assisited in the provision of low cost houses in Motala. But where are these houses? When we ask him he runs away.

We have noticed that in fact councillors and officials don’t understand about land and housing. They don’t even understand about schools. We have to learn them. We are willing to keep learning them. But we as the poor shouldn’t have to be learning them all the time. They are paid to do their jobs. We are paid nothing to organise in our communities.

Solidarity

We meet on the roadside every Saturday. The government treats us like we haven’t got hands, like we haven’t got minds, like we are babies. But we stand together even though finance kills us all the way.

We get most of our solidarity through all our comrades in Abahlali baseMjondolo but here in Pinetown we are also getting support from the Minister’s Fellowship. We want to thank them for their living solidarity, a solidarity with dignity.

For more information and comment please contact:

Sipho Khanya: 073 588 9729 begin_of_the_skype_highlighting              073 588 9729      end_of_the_skype_highlighting
Louisa Motha: 078 176 0088
Shamita Naidoo: 074 315 7962
Krinesh Rajah: 082 463 6853

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Mercury: Transit camps no solution to city’s housing dilemma

Transit camps no solution to city’s housing dilemma

BYLINE: OLIVER METH

SECTION: NEWS; Pg. 7

While the eThekwini municipality has set out to provide housing to all, there have been problems with development and delivery. Transit camps, which are meant to house informal shack-dwellers temporarily, are an innovative way of dealing with the problem. Yet they too reflect the many problems in terms of the process, and represent some of the challenges Durban is facing.

A report by Mark Misselhorn in 2008, stated that the city faced an informal settlement housing backlog of about 190 000 units but that this figure could be about 25 percent higher, based on the differential between estimates by the city’s housing department as well as the water and sanitation department.

The Mercury understands that about 400 000 houses are needed in eThekwini alone to meet the region’s needs; while the country’s national housing backlog is 2.1 million.

The Mercury visited the “Tin Town” settlement in Gwala Street, Lamontville, where more than 400 families have lived in tin structures since 2008. Because of the dilapidated conditions, some residents said they would rather be living in informal shacks than in the tin camp.

Lamontville is home to 38 817 residents and is one of the oldest townships in South Africa. A rough estimate of the number of people living in transit camps, given by councillors in the community, is 2 000 families.

University of KwaZulu-Natal researcher Kerry Chance said: “Transit camps, as they were known during apartheid, were used in the ’50s for the screening, segregation and repatriation of unwanted black urbanites; and in the ambiguous late apartheid years, progressive lawyers used transit camp legislation to prevent the removal of people to distant sites.”

Emergency

Coughlan Pather, eThekwini municipality housing head, said some transit camps were built as temporary spaces for emergency relief while houses were being built.

The tin houses are universally hated and widely disparaged as |”amatins” and “government shacks”. Across the country people have burnt them, marched, thrown up burning barricades and gone to court in their attempts to avoid being dumped in such places.

Academic Richard Pithouse said: “Despite resistance, thousands of people have been forced into these camps unlawfully at gunpoint or lawfully by judges who tend to hold to the assumption that they are automatically better than shack settlements”.

Chance said adequate accommodation could only be established through meaningful consultation with residents, which, as a starting point, takes seriously their claims to dignity in housing. However, Pather said residents were being consulted about developments and would be moved to available housing on completion of projects.

Mahendra Chetty, director of the Durban Legal Resource Centre, said: “The core component of a right to adequate accommodation must entail a standard of living consistent with fundamental rights such as privacy, dignity and security.

“It should entail the provision of clean drinking water, security in the sense that the house must have a door and windows, and the state must be under an obligation to ensure that the area in which people reside must be safe, or, at the very least, the state is under an obligation to ensure that steps are taken in this direction. The houses must also be properly built.”

Chance said it seemed as if all the major political parties saw transit camps as a useful way of expelling the urban poor from the cities and ending any political autonomy that they might have developed through self-organised occupations without having to pay to provide decent housing.

Area councillor Mokgadi Malatsi said the municipality was doing its best to house people. “What is better… a shelter over people’s head or nothing?” he asked.

The transit camps in Gwala Street are one-room boxes with tin roofs measuring 23mÂ2. Some are built in rows, with a single sheet of tin separating one family from another. The camps have no electricity. Some have outdoor communal taps, toilets in tin or plastic structures.

In the city’s defence Pather said the basics, like water and sanitation, were provided, but electricity could not be supplied to everyone because of the temporary nature of the accommodation.

However, residents said they faced an uncertain future, with many having lived in the transit camp for more than three years.

“You can imagine how hot it gets,” said Tin Town resident David Nene. “And the place is infested with insects. Some people have been moved – one group last year and another two months ago, but I still don’t know when I will move.”

Malatsi told The Mercury a transfer process had taken place.

“We have moved people to Kingsburgh West, where a housing project has just completed.”

She said 200 homes had been allocated at the project for Lamontville, and “more than 10 wards are moving to Kingsburgh”. A further 25 would be moved in weeks to come.

There are several other transit camp communities in Durban including Siyanda, Richmond Farm, eNsimbini, Ridge View (Transact Camp), Cato Manor and New Dunbar.

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Isolezwe: Abantu bafuna abezindaba babike ngenkululeko

http://www.isolezwe.co.za/index.php?fArticleId=5705565

Abantu bafuna abezindaba babike ngenkululeko

October 28, 2010 Edition 1

NQOBILE MASIMULA

BASABISE ngokubuyela emgwaqeni bamashe zonke izinsuku uma izikhalo zabo zingezwakali abagqugquzeli |be-Right2Know, okuwumkhankaso okuhloswe ngawo ukuphikisa umthethosivivinywa wokufihlwa kolwazi.

Laba bantu abalinganiselwa emakhulwini amathathu bebegcwele izitaladi zeTheku izolo bebhikisha njengengxenye yalo mkhankaso osabalele ezweni lonke.

Omunye wabagqugquzeli balo mkhankaso, uMnuz Desmond D’sa, uthe imashi ihehe abantu abasemazingeni ahlukene empilo kwazise ukuthi kuzobathinta bonke abantu ukuphasiswa kwalo mthetho.

“Ukuphasiswa kwalo mthetho kuzobe kusho ukuthi asisophinde sizwe imibono yabantu abahlukene ngoba besaba ukuboshwa,” kusho uD’sa.

Uthe lokhu okuhlongozwayo akuhlukile kulokho okwakwenziwa nguhulumeni wobandlululo.

“Kumanje bakhona asebeqalile ukusebenza phezu kwalo mthetho nokuzoba lula kakhulu uma uphasa umthetho emakhanseleni njengoba esezofihla ukuthi izimali zisetshenziswe kanjani kube kunomthetho owavunayo,” kusachaza uD’sa.

Phakathi kwezinhlangano ebezizimazise le mashi kubalwa Abahlali Basemjondolo, abantu basemahostela, izakhamuzi zasemalokishini amakhulu akhele iTheku, osolwazi nabafundi bophiko lwezobuciko baseNyuvesi yaKwaZulu-Natal nabafundi benyuvesi yaseDenmark.

UNksz Zodwa Nsibande, ongumkhulumeli waBahlali Basemjondolo, uthe nabo babone ubathinta lo mthetho ngoba okusuke kubhalwe emaphepheni kusuke kuzosizakalisa bona njengomphakathi ekwazini ukuthi kwenzekani ezweni labo.

“Kubalulekile ukuthi sazi ngakho konke okuqhubekayo lapho sihlala khona kodwa uma sekuhlongozwa imithetho enje kuyobe sekuthuthukiswa isizwe esidwanguza ebumnyameni ngenxa yokufihlelwa ulwazi,” kusho uNksz Nsibande ohlala emjondolo yaku-Kennedy Road.

Le mashi eqale eBotha’s Park yaphelela eCity Hall ayibanga nazigigaba ezibikiwe kwazise ukuthi bekukhona nezingcithabuchopho kulaba abebemasha.

Uhlu lwezikhalazo lwamukelwe nguMnuz Bheki Nkwanyana, obevela ehhovisi likaNdunankulu waKwaZulu-Natal nothembise ukuludlulisela kuDkt Zweli Mkhize, uMengameli Jacob Zuma noNgqongqoshe wezobuNhloli kuleli, uDkt Siyabonga Cwele.

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The Right to Know

Tuesday, 26 October 2010
Abahlali baseMjondolo Press Statement

THE RIGHT TO KNOW

Abahlali baseMjondolo will support the Right to Know march in defence of media freedom in Durban tomorrow.

Mostly we have said that our struggle is for land and housing. But sometimes we also say that it is for land and dignity or that it is for land and freedom. Slogans are short and the world is big and time is long. We need all of these things. We need land, housing, dignity and freedom. These things cannot be separated. And dignity and freedom require more than just land and housing. We need electricity, we need libraries, we need good education, we need proper toilets, good and safe transport, crèches, decent work, health care and more.

As a movement we feel like the world is closing around us. There are many threats to our freedom. Poverty and abandonment are a threat to our freedom. What freedom does a person have when they are also busy trying to rebuild their shack after each fire, to rebuild their life after the burying of each innocent child?

Freedom is not only lost in the pain, uncertainty, danger and exhaustion of poverty. It is also taken away deliberately.

Freedom includes the right of every person to participate in all discussions without fear. It includes the right of every person to organise as they wish to organise.

Every time a political party, a ward councillor, a ward committee or a BEC threatens violence to stop open discussions or independent organisation freedom is under attack. Every time that people are driven from their homes because they do not obey a political party freedom is under attack. Every time that people have to show a party card and party loyalty to access what little development is given freedom is under attack. Every time that the police attack a peaceful march and then call that march ‘violent’ freedom is under attack. Every time that our struggles and movements are unfairly shown as if they are short minded, violent and criminal freedom is under attack.

The deliberate attack on freedom in our country started as an attack on the freedom of the poor. We felt it first. Now the attack is spreading to the rest of society.

As a movement we wish to express our full support for the Right to Know march which will take place in Durban tomorrow. We will be proud to march with our good and trusted comrades in organisations like the South Durban Community and Environmental Alliance.

Over the past years the media have been very helpful in telling the truth and revealing the unrevealed. Lots of people have been relying on the media to get help. For those who have been helped by the media for all this time it really does feel like the world is closing even faster now. Most of these people have tried to get help from the politicians and the politicians have failed them.

As an organisation of the poor, by the poor and for the poor we feel oppressed by this situation. We, as Abahlali baseMjondolo, will not relax and do nothing while people feel this kind of unnecessary pressure. Our biggest concern is why must there be things that must be kept secret? We are especially concerned about this because we have always said that there is huge corruption in housing. We have also marched several times sending memorandums to the State President Mr Jacob Zuma, to the Premier and to the Mayor but no response have been given till today. If there are things that must not be told while the poor have raised issues like this the question is what is being hidden from The People if politicians have vowed to work for The People? Who, really, do the politicians think that they are if they are demanding to be protected from The People all the time?

There must be no secrecy. Everything must be told and carefully discussed including the good and the bad. If politicians are not doing good in serving the interest of the people and taking forward the will of the people then they need to be exposed. If politicians are doing good in serving the interest of people and taking forward the will of the people then they should be praised. Why must people expect to be credited and praised while they do not deserve it?

If the media is to be oppressed it is the poor, particularly the shack dwellers, the farm workers and the unemployed who will suffer the most consequences. Because we are the most oppressed in this society we have the most to lose from any attack on freedom. Freedom is our space to know, to organise, to debate and to struggle. Freedom is the space of our safety. Freedom is the space of our hope.

The media deserve the right to write what is true and we as Abahlali baseMjondolo will support them all through and through. There have been many times when the truth of our lives and our struggle has been shown in the media. Many journalists are hard working, honest and brave. There have been times when we have been unfairly attacked in the media. Mistakes have been made, lies have been told. But the solution is not to reduce media freedom. The solution is to protect what media freedom we already have and then to deepen it so that everyone can access the media.

We published a newspaper once. It was called Izwe Labampofu, the voice of the poor. We should have the support to publish Izwe Labampofu every month. All community organisations and movements should get this same support. But right now the only media that we have is under attack and we will defend it in the streets and in the courts and anywhere else where we have to go to defend the space of our hope for a world in which the dignity of everyone is recognised and respected.

We say PHANSI NGABA CINDEZELI PHANSI! PHAMBILI NGOKUBHALWA OKUKHULULEKILE PHAMBILI!

There must be no oppression to the media.

A Luta Continua

For more information please don’t hesitate to call the ff:

Ms Bandile Mdlalose
Abahlali baseMjondolo Movement S.A Secretary General
031 304 6420
074 730 8120

Mr Mnikelo Ndabankulu
Abahlali baseMjondolo Movement S.A Public Liaison Officer
079 745 0653

Ms Zodwa Nsibande
Abahlali baseMjondolo Movement S.A Youth Secretary General
082 830 2707

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Business day: Voices of poor must be heard

The Hangberg community is politically divided and has not taken a collective decision to join the PPA or any other organisation.

http://www.businessday.co.za/articles/Content.aspx?id=124776

Voices of poor must be heard

THE increase in township service delivery protests across SA, and their tendency to descend into chaos and violence, has generally been interpreted as a wake-up call for the tripartite alliance

THE increase in township service delivery protests across SA, and their tendency to descend into chaos and violence, has generally been interpreted as a wake-up call for the tripartite alliance, which dominates government in most parts of the country.

Yet there is little evidence that rising unhappiness among the African National Congress’s (ANC’s) natural constituency is translating into electoral losses on any meaningful scale. Where the ANC has lost ground in local government by-elections, this has largely been a result of the consolidation of opposition support and low African voter turnouts, rather than a mass defection of traditional ANC supporters.

While it is clear that the swing vote among Cape Town’s coloured population lost faith in the ANC following the disastrous mayoral tenure of Nomaindia Mfeketo and removal of Ebrahim Rasool as premier, this was never an established ANC constituency. Opinion polls show that although African voters’ perception of the Democratic Alliance (DA) has improved over the years — leader Helen Zille scores highly on efficiency and incorruptibility — that has not meant many new black votes for the party.

While the DA seems likely to continue making gradual progress among minority groups and the emerging black middle class, liberal hopes that widespread disenchantment following 16 years of African nationalist governance would prompt the masses to buy into the DA’s concept of the equal opportunity society have not yet been fulfilled. Rather than seek alternatives to the ANC within the multiparty system, there is a countrywide trend away from engagement with elected representatives and administrative structures and towards forming unaffiliated community-based organisations and pressure groups with little interest in elections.

The implication for the ANC is that while its control over the levers of power and patronage is not under immediate threat, it finds itself under attack on a broad new front that ranges from street protests and barricaded roads to sophisticated legal challenges undertaken on communities’ behalf by nongovernmental organisations in civil society.

Whereas the alliance partners have traditionally had an iron grip on poor African communities in urban areas, their alienation due to widespread corruption and a general lack of accountability has resulted in this control being gradually lost. The ANC’s attempt to capitalise on the recent clash between the Cape Town authorities and residents of Hout Bay’s Hangberg community was rebuffed, for instance, with residents preferring to protest, march, litigate and eventually negotiate under the banner of the Poor People’s Alliance, a coalition of independent social movements including the Landless People’s Movement, the Anti-Eviction Campaign, the Rural Network and Abahlali baseMjondolo.

The latter grouping, which represents shack-dwellers and has its origins in KwaZulu-Natal, has a history of going head-to- head with the government over service delivery issues, having clashed violently with the ANC in Durban’s Kennedy Road settlement a little over a year ago after successfully challenging the constitutionality of the KwaZulu- Natal Slums Act. The ANC did not take kindly to its authority being questioned, ensuring that Kennedy Road was “liberated” from its elected representatives.

Abahlali has also been responsible for a series of protests over slow housing provision in informal settlements around the country, most recently in Cape Town. These often involve disruptive street barricades, the stoning of cars and chaotic marches, with police invariably resorting to rubber bullets to disperse the crowds.

It has become a case of neglected and deprived communities versus the establishment, regardless of which party is in office, and politicians across the board seem at a loss as to how to respond, other than with force.

Having been rebuffed by the Hangberg community after it tried to hijack a protest march organised in the wake of a violent clash with police and council officials intent on breaking down structures built illegally in a firebreak, the ANC and its allies are now on the warpath against Abahlali in Cape Town too. Union federation Cosatu released a statement earlier this month condemning its methods and calling on “progressive” residents to “distance themselves from mindless violence and calls for chaos that harm the poor and working class and their organisations”.

The DA cannot afford to indulge in schadenfreude though. As much as the growth of organisations such as Abahlali is putting the ANC on the spot, the phenomenon is a clear indication that our democracy is not working for everyone, and this is bad news for all South Africans. The political establishment as a whole needs to engage with alienated poor communities and find some way of ensuring their voices are heard, including reviewing the electoral system to make elected representatives more accountable.

The growth of groups such as Abahlali baseMjondolo is a clear indication that our democracy is not working for everyone

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Call for a Public Debate

ABAHLALI BASEMJONDOLO MOVEMENT OF SOUTH AFRICA (WESTERN CAPE PROVINCE)

Website: khayelitshastruggles.com or www.abahlali.org
Email: abmwesterncape@abahlali.org office admin: 073 2562 936/ 078 760 5246

Call for a Public Debate

Abahlali baseMjondolo of the Western Cape would like to call a fair and neutral public debate between the movement and Zalisile Mbali (the spoke person of Madikizela MEC for Human Settlement).

The call follows unfair radio show which was organize by community radio station Radio Zibonele where Zalisile Mbali used to work as a presenter, later on he run a program which called hot seat where he used to host Helen Zille (that time Zille was still the Mayor) every Sunday at 6:00 pm.

Immediately after the DA won the Western Cape province he (Zalisile Mbali ) was appointed as a spoke person for Madikizela by Helen Zille.

Yesterday Zalisile Mbali used his political connection to the station to attack Abahlali baseMjondolo and he was supported by the presenter of the show. During the show Mzonke Poni was only questioned for 10 minutes strictly on the tactic of barricading and on the incident of trucks that were set a light during the protest at TR and the rest of the air time was given to Zalisile Mbali where he misled the public on the outcomes of fruitless and useless meeting that we had with the department of human settlement two days back and branded the meeting the ‘most successful meeting’ which managed to respond to the demands of Abahlali baseMjondolo of the Western Cape, which he was lying because none of their presentation tackled even a single question which was address on the memorandum instead they chose to orientate us on Departments 5 year Plan which is available on their website.

And as Abahlali we find the meeting as useless and waste of our time because they should have sent us straight to their website.

During that meeting it become clear that the department of Human Settlement does not have a wide housing planning for people residing within informal settlement, and it is appalling to find out that the department does not even have a clue if by when they are planning to phase out the bucket system in the province.

They don’t even know if by when all informal settlement throughout the province will have access to basic rudimentary services.

To expose this in a fair and democratic way not by misleading the public either by Abahlali baseMjondolo leadership or Department of human Settlement officials like Zalisile Mbali. Abahlali baseMjondolo calls to all radio stations to initiate a public debate about whether the department of housing does have a plan for people living within informal settlements or not and specifically We challenge Zalisile Mbali (the spoke person for Madikizela) and the Chairperson of Abahlali baseMjondolo of the Western Cape Mzonke Poni to take this debate.

For comments please call Mzonke Poni at 073 2562 036

* The protest in which the trucks and the police car were burnt was not organised by AbM. There is a general wave of popular protest in Cape Town at the moment, much of it organised at the local level, and much of it organised independently of AbM.

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Umbutho we Industrial & Commercial Workers’ Union (I.C.U.)

Umbutho we Industrial & Commercial Workers’ Union (I.C.U.)

Umbhali ngu: C.L.R. James (1936)
Umtoliki ngu: Bulelwa Mafu (2010)

uMzantsi Afrika uphawulwe ngodidi olutsha lwezopolitiko, aliphawulwanga ngodushe phakathi kwentlanga kwoda ngo qhanaqalazo lwabasebenzi. Ngaphezu kwe Sierra Leone ne Gambia, I South Africa ikwazile ukudibanisa intlanga ezahlukeneyo kwimizi yemveliso, emigodini nendlela abaqeshwe ngayo ibonakalisa ukuba ibasa kumbutho wabaphangeli. Kwaye kukho nefuthe lwe Russian Revolution. I African Communinsit Party yasekwa ngomnyaka ka 1924, kodwa yayisuka komnye umbutho owawusewusekiwe ngomnyaka ka1920. Yayisebenza ngokuxokisa uluntu olumnyama. Kodwa e Sierra leone nase Gambia abantu abafundileyo abamnyama bathetha kakhulu bengenzi nto ebonakalayo, kodwa uMzantsi Afrika wona uqhubela nezo zikhona zimbalwa kumlo. Iimfazwe ezidlulileyo nemeko zemali nopolitiko zango 1919 zaqalisa umbuthe we Industrial and Commercial Worker’s waseMzantsi Afrika.

Yasekwa ngomnyaka ka 1919 ngumhlali wase Nyasaland, u Clements Kadalie, lombutho waqala ngamalungu angamashumi amabini anesine. Ngaphandle koncedo lwemali, ulwazi olunphangaleleyo okanye inkuthazo, kwaye bejongene nocinezelo nokubanjwa, zonke ezizinto zakhe umbutho oye wakhula ngoqhanqalazo, imingcelele, nemilo namapolisa, ngexa uMzantsi Afrika ubukele ukukhula kwawo ngokumangalisayo. Ukadalie njengomhlali waseNyasaland, ngewaye gxothwe lula , kodwa ngendlela engaziwayo wakwazi ukusinda, aqhubekeke ukuqhubela umbutho wakhe phambili.

Umqondiso wokuqala wamandla we I.C.U.’s yayiluqhanqalazo lwase Bhayi ngomnyaka ka 1920. Abasebenzi baseBhayi bafuna, bafumana unyuselo lwe peni ezintandathu ngosuku. Lonto yabangela ukunyuselwa kwakhona ngepeni ezintandathu ngosuku ngenxa yoqhanqalazo, abasebenzi bayifumana. Kodwa oku zange kubanelise, ngokucetyiswa ngu Kadalie, umongameli we I.C.U, baqhubeka phambili bafuna iishilling ezilishumi ngemini zabasebenzi bamadoda, ne shiling ezisixhenxe nepensi ezintandathu zabafazi. Intlanganiso zazibanjwe macala onke kwi-ofisi ze I.C.U, apho abasebenzi babesegrogrisa ngokuqhanqalaza. Ifuthe lika Kadalie laliselikhula ngokumandla. Kwenye yentlanganiso apho ifuthe labasebenzi laliselinyuke ngokumnadla lwabangela ukuba abasebenzi bamphuthaphutha ngezandla uGqirha Rubusana, omnye wabamnyama owayechasene no Kadalie. uGrirha Rubusana wahlangulwa nguKadalie, owayesebona ubungozi, wahawuleza wangenelela.

Amapolisa ngeloxesha ayejonge ithuba lokuvalela uKadalie. Oluhlaselo luka Gqirha Rubusana lwasetyenziswa njenge pretext. uGqirha Rubusana wenza ingxelo esemthethweni malunga nokuhlaselwa kwakhe, uKadalie wabanjwa wavalelwa nomhla we 23 ka Okuthobha 1920 ngaphandle kwencwandi engunyazisa ukuvalelwa kwakhe. Zathi zakuvakala indaba zokuvalelwa kwakhe, bahlangana badibana abasebenzi . intlanganiso yahlala kwathunyelwa igqiza emapoliseni elifuna ukuba akhululwe ngemali. Umphathi wamapolisa zange avume. Lathi lakubuya nezondaba igqiza elalithunyelwe kwagqitywa ekubeni kuthunyelwe umyalezo othi kumapolisa ukuba abamkhuphi uKadalie ngentsimbi yesihlanu, bazazomkhulula ngokwabo. Abahalali babengasafuni undikho kubaqashi abamhlophe kuphela seMzantsi babefuna undikho naseburhulumenteni.

Umkhosi wamapolisa wonke wawuxhobile. Amapolisa ololiwe ayebiziwe. Ukwageza amavolontiya amaEurope ayexhobile ebekwe phambi kwezitishi zamapolisa apho uKadalie wayevalelwe khona. Ngezithuba zentsimbi yesihlanu kwakusekubonakala abantu abangawaka amathathu. Amapolisa ayeqabele amahashe anikwa umyalelo ukuba alwe kodwa bothulwa kulomahashe. Kwenziwa inzame zokuba abantu basuswe ngokutshizwa ngamanzi, kodwa abantu baphindisa ngamatye nezinye izinto. Ngelothuba kwavakala izithong ezimbini zompu abantu baqhusakala. Kunkwangelixesha apho ke abantu babebaleka, apho amapolisa avulela imbimbulu kubo. Ummeli we Commission of Inquiry wathi:

……. Kuyabonakala ngaphandle kwamathandabuzo ukuba msinya emva kokuba kudutyulwe izithonga zokuqala, abantu babalekela macala onke, kodwa zona izithonga zaqhubekeka ebantwini ebabebaleka, ezizithonga zazisuka esitishini samapolisa kangangemizuzu elingamashumi amathandathu, njengoko besitsho ababebonile, okanye imizuzu emibini njengoko besitsho abanye. Omnye wamaploisa wavuma ukuba wadubula izihlandlo ezilishumi elinesihlanu; omnye ezilishumi elinesithathu ezabangela ukufa komEurope omnye ne natives ezingamashumi amabini anesithathu okanye abebala abangamadoda babulawa okanye babulawa zizivubeko. iNatives nabebala abangamadoda, abangamashumi amane anesihlanu; abafazi, abafazi abane bamaEurope, ingxwelerheka ezingamasumi asixhenxe annesithandathu zizonke, babini kuphela kwaba ababafunyenwe phambi kwezitepisi, abanye bawela kumacala ahlukeneyo ezitratweni ezikude nesitishi samapolisa, uyokuma ngasestratweni saseCastle, esikude kangangeyadi ezolikhulu.

Ngokucacileyo amapolisa athatha elithuba lokuba bawuchithe uphele umbutho wabasebenzi. Imiphumela, ababeyifuna njengokuba kusoloko kunjalo, kwakukukhulisa amandla wabo.

Yakhula ngamandla I I.C.U phakathi kwabantu abamnayama nabebala kangangokuba uHertzog u Prime Minister waseMzantsi Afrika, wacinga ukuba kungabanenzuzo ukufumana inkxaso ye I.C.U. ubunokumfumana umeli weI.C.U nakwindawo ezisemaphandle eMzantsi Afrika. Nababangengomalungu babekhawuleza ukubalekela kuyo ngaxesha likaxakeka.

Kunganzima ungaphawuli okwenziwa nguKadalie nomlingane wakhe uChampion, abakuphumelelayobphakathi konyaka ka 1919 no1926. uKadalie wayeyi Orator, ethe ncothu esukile egadeni, enelizwi elivakalayo, kwintlanganiso wayedla ngkulinyusa ifuthe labantu. Xa egqiba ukothula intetho abantu babeye bathule umzuzwana phambi kokuba baqhwabe izandla. uChampion wayehlukile kuKadalie nganto yonke. Ikangeleko yakhe yangaphandle yayikhangeleka isemva kuneka Kadalie, owayenolwazi oluphangaleleyo ngokwentshukumo zabasebenzi, wayebona ngapha komhlaba wakwaZulu okanye eNatala, wayengumququzeleli ngaphezu kobasisithethi.

Umzekelo ofana nalo luqhanqalazo lwase San Domingo. Kwakukho iFrench Revolution ngomnyaka ka 1794 okhupha umthetho omdala waseFransi, udinga abaqhanqalazi abamnyama, kwaye nokhuthazo, abaququzeleli kunye nezixhobo, zange ibekho into enjalo eBritani. Xa ubona lembali, umbutho ka kadalie wawubonwa ubaluleke kakhulu. Emva ko nyaka ka 1926 wabonakala usoyisakala, wawungenakwazi ukuzigcina ixesha elide ngaphandle kwempumelelo ezicacileyo. uKadalie wayengenamfundo iphangaleleyo engakwazi ukuwumisa eyona nto inzima kwindoda enalemvelaphi yakhe. Kwakukho urhwaphilizo lwemali. Wabona ukuba makaqhangamshelane nabaphesheya nangona engenakuqhangamshelana ne Third International. Abasebenzi abamhlophe babengafuni indibano. uKadalie waya e Europe , wadibanisa I I.C.U ne International Federation of Trade Unions wafuna uncedo kubaxhasi basekunxele babasebenzi. Wathatha umfana omhlophe u Ballinger, amncendise. Umbutho I I.C.U. wachithakala. Namhlanje lamaqela mabini asisithunzi se I.C.U uKadalie usathathe ikhefu eBhayi, apho abaqhanqalazi badutyulwa besilelwa ukukhululwa kwakhe.

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Water Pipe Bursts in KwaMashu K-Section

Click here to see some pictures.

Wednesday, 20 October 2010
Abahlali baseMjondolo Press Statement.

MAIN PIPE THAT SUPPLIES WATER BURST IN KWA-MASHU K SECTION

Early this morning at 1:05am, 20 October 2010, the main pipe that supplies water burst at KwaMashu K section. Mean while others watched their properties, concrete wall being washed away, houses and cars get damaged, furniture’s, food and clothes were drawn away by the big flash of water that flows through inside their homes.

Not only the affected community members felt this pain but even their neighbour suffers, through the cuts of bottle while helping those who had this incident. Calls for help were made to everyone including, eThekwini Municipality, KwaMashu Police, Ward 41 Councillor Mr Linda Denzel Xaba, Abahlali baseMjondolo Movement S.A, but sadly none of the above responded beside Abahlali baseMjondolo. This incident left a big question to the community members, why they are not being assisted by those who were ought to work for the community. The community were worried what if someone died or was badly injured; automatically the same would have happened because it always been the case of lack of services being delivered by officials. What was more surprising is the Councillor of Ward 41 Mr Linda Denzel Xaba where he was called for several times and did not even pick up, also did not even pitch at the scene until now, the only hope came when the Abahlali baseMjondolo leadership came to see the damage.

Community members felt that the councillor failed them at the most important time where they needed him the most, not only if it was the first time where the very same councillor failed his people but on several occasions even if they are being evicted he does not do anything, community members decided that it time they joined Abahlali baseMjondolo so they can fight with them as they realised that, the current political leadership have neglected them and so they will need to organise and represent themselves.

Therefore we demand the following:

· We call upon the eThekwini Municipality to immediately address the problem by replacing those rotten pipes.

· We call upon the eThekwini municipality to replace all damaged property including the vehicle and houses that were destroyed by the floods of the burst pipes.

· We demand the eThekwini Municipality to compensate all families who lost their belongings and who were traumatised by these incidents.

· We also demand the Municipality to guarantee all residents that such incidents of this nature will never happen again.

· We also demand that, the ward councillor of ward 41 to provides the necessary services to the communities he serves timeously and with fairness to all residents in his ward.

For more information please contact:

Ms Bandile Mdlalose
Abahlali baseMjondolo Secretary General
031 304 6420
074 730 8120

Mr Mnikelo Ndabankulu
Abahlali baseMjondolo Public Liaison Officer
079 745 0653

Mrs Fikile Maphmulo
078 123 8468
Kwa Mashu K resident

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The Uprising of Hangberg

http://www.hangberg.co.za/

THE UPRISING OF HANGBERG is a documentary on the human rights violations in Hangberg, Cape Town created by internationally acclaimed filmmaker and artist Aryan Kaganof, Dylan Valley, the award winning director of Afrikaaps, and community representative Greg Louw.

Through stark, often shocking footage and interviews they explore the aftermath of the recent police brutality on the Hout Bay community. Moving from character to character, perspective to perspective, the film is a complex and moving portrait of parallel lives thrust into violence.

At once a disturbing document and a powerful rallying call for citizen activism, it is the story of a people on a pivot point between existence and non-existence. Marginalised by society, attacked by the very system they voted into power, maligned in the media, there is only one thing for them to control: the telling of their own story. THE UPRISING OF HANGBERG thus becomes more than just a war story, its an intimate portrait that engages the complexities of identity as they meet with race, place, nationality, memory and the legacies of apartheid and forced removal.

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Land is a Political Question

Click here to read this speech in German.

Monday, 11 October 2010

Presentation by S’bu Zikode to the Development Action Group National Conference entitled ‘Re-imagining the City: A New Urban Order’

Land is a Political Question

It is very nice to re-imagine the city. We can all start to imagine cities with good housing for everyone and then we can imagine affordable public transport and safe streets with beautiful trees, cool shady parks and welcoming schools, clinics, libraries and sports clubs. We can imagine and imagine cities where everyone’s humanity is respected and where everyone counts. It is very nice to imagine a city where no one has to live like a pig in the mud, where everyone is safe from fires, abuse, police raids, disconnections, evictions and political attacks.

But land and housing are the most urgent problems in our cities and there is a serious difficulty in resolving the issue of land and housing in our country. Land comes before housing and this difficulty comes when we all continue to pretend that the issue of land is not political. Until we accept that the issue of land is political this difficulty will continue to add more and more confusion.

The question remains very complicated when our country is administered by politicians who talk about the struggle and about being for the people while also pretending that the matter of land is not political. They have the power to use their political muscles to take the land back to the dispossessed but they prefer to pretend that the issue of land is not political. We know very well that we are the dispossessed and that we need justice. But the politicians and their NGOs continue to pretend that we are the ignorant ones who need to learn patience and to accept that fire safety workshops and forced removal to transit camps in human dumping grounds is really development.

Those who are in power today have the power to distribute our land fairly and freely to those who do not have land. Why have they betrayed us today? The answer is simple. If they do so they will be giving away the very power that makes them powerful.

Taking the land back will never be easy.

Taking the land back will require us to become and to remain the strong poor. A year ago we learnt a hard lesson. We learnt that South Africa is not a real democracy. The middle classes and even the working classes are free to debate and to discuss the future of the country. But we, as the poor, have been evicted from democracy. We were attacked and driven from our homes with the support of the police and the politicians looked. Cosatu was silent and the Human Rights Commission was silent. We have learnt that there are many people who do not think that democracy is for the poor.

We need to make this democracy real for the poor. Therefore we need allies amongst those groups who are allowed to think and to speak for themselves in South Africa. They need to use their freedom and safety to stand with us and to defend us as we struggle for our own freedom. Our organisations and movements need to forge a living solidarity with progressive faith based organization, trade unions, professionals in all specialised fields, individuals and active citizens in general. We need to form a powerful national alliance for urban reform that will always be willing to defend the right of the poor to think, speak and organise for themselves. That alliance has to be political and willing to force the state and the rich to obey the people. It has to be clear that the social value of land must come before its commercial value. It has to be willing to take real action to achieve this. Therefore it has to be independent from the state. In our analysis Slum Dwellers International is a top down attempt by the state and the rich to control the poor by persuading us to accept our oppression.

Some of us have already joined this journey to a new urban order not only by sitting in cool offices but by sweating in communities where we are busy organizing, conscientising and being conscientised as we organise and are organised by popular self education, meetings, camps and protests. Some of us have already lost our homes in the land of our birth as our punishment for struggling to access the well-located lands. It has been very evident to us that well-located land will never be brought before us by aircraft, but by sweat, beatings, arrests, and lies, water cannons, firing of live ammunition or even death. This is the price which those who are serious about the prize of A New Urban Order must be prepared to pay.

One cannot begin any meaningful discussion of the urban crisis while the poor continue to be excluded from the conversations that are meant to build the very new urban order that is for all. This discussion can only begin once the dispossessed, those who do not count, count. We decided long ago not to accept the situation where some people talk about the poor and even for the poor without ever speaking to the poor. We have also paid a price for this decision but we will always stick to it.

There is no doubt that the work of the intellectuals, town planners, engineers, architects and other professionals is critical. We do need their skills. But for as long as they remain on their own their knowledge is very fragile. We need to plan our cities together. I remain convinced that if all the work of the urban experts is done in isolation from the poor, those who are meant to benefit from it, then it will not solve the problem. The first problem is that despite all their education the experts are often really ignorant of the real needs of the people. The second problem is that expert ideas, even good ideas that fit with the needs of the people, have no power on their own. An idea can only move into the world and start to reshape the world when it has a living force behind it. An idea that is worked out between the organised poor and the urban experts will have a living force behind it when the organised poor accept it as their own.

The issue of land and planning is too political, much more political than is recognised by many of us. It is too political and yet in most cases the state and the insensitive consultants pretend that it is only geo-technical feasibility that determines what is to be built, where and when. This has been very evident in many communities in Abahlali baseMjondolo settlements. People have identified well-located land and occupied that land themselves. But again and again we find that what may be well-located land to the poor is not so to the state and consultants and what they consider to be well-located land is not so to the poor. In the Kennedy Road settlement the municipality have always used technical reports to justify eviction. Their reports have always said that the land is not good for human habitation while our middle class neighbours across the road enjoy their stay. Everyone knows that in fact the land is very well-located. All that is required is land tenure, the provision of infrastructure and then an upgrade. In Protea South and Thembalihle in Johannesburg the land that the poor have identified and occupied for themselves is thought to be too good for them. But this is not said. Dolomite is the only frightening beast that can be used to scare and to justify eviction.

In his State of the Nation Address Msholozi himself committed his government to acquire more than 6 000 ha of well-located land for the poor. This promise came as a response to the struggles of the poor in the cities and towns across the country. Obviously if the state fails to acquire and redistribute this land there is nothing that will stop the people from identifying and occupying such well-located land on their own. We will give this our full support as a movement. If the alliances that we want to make with the churches, trade unions, the intellectuals and the urban experts will support us in this then we’ll know that they are really on our side. For as long as human beings are living and dying in the mud and the fires any politics of patience is just another name for oppression.

But the issue of Msholozi’s promise is not just a question of whether or not the 6 000 ha is acquired and redistributed. There is also the question of who decides what is and what is not well located land. Land should not only be seen to be well located because it is identified by the state. The poor have a right to identify land that is well located for them. If our cities are to become just cities then we as the poor will have to strengthen ourselves by further organisation and mobilisation. We will all need the courage that was shown in the Symphony Way and Macassar Village occupations here in Cape Town. Our cities require a strong leadership from the poor with a real consciousness as to how the issue of land remains a fragile question. Organisation, mobilization, active citizen participation and a clear political consciousness will enable a popular democratic rebellion that can put the will of the people against the will of the few to build our new cities. The transfer of land to the poor and even to the working class requires radical action. It requires an action with minimal transactions. All these formalities and protocols are not just technical matters. They are not neutral. These formalities and protocols are biased to the rich and against the poor and have therefore bred many informalities resulting in the creation of informal settlements.

Our new urban order can only be realised when the land that has already been occupied by the poor is transferred to them with the full assurance of land tenure. If more land is not made available for those who don’t already live in well located occupations then the poor can find the new land themselves. The state has a duty to invest in our communities and to support our occupations through building infrastructure and maintaining it, far before considering building subsidized housing projects. Land tenure must come first, then the provision of services and infrastructure and then housing projects.

The trend of sprawling growth in our cities shows that we may not have enough land in the nearby future. In that case it may be worth considering high-density development projects and decentralizing access to all socio economic amenities so that a new planning may begin. But without fair debates and open spaces for such conversations by all and at all levels this may not be achieved or, if it is achieved, it many not be achieved in a way that is just.

Our struggle and every real struggle is to put the human being at the centre of our society, starting with the most dispossessed who are the homeless. Washing away political discourse and narrowing the fragile political question of land into a complicated technical question will not help any of us at all. The organizing of the poor that takes place in our disgruntled spaces is very important for any change. And in those discussions by the poor who are marginalized because they do not count in our society lie some of the significant answers that most of us fail to recognize. Instead the blame for the evil produced by poverty is easily shifted to the poor. The victims of an evil system find that they are presented as evil people. The state, like those who continue to live in luxury life at the expense of the poor, continues to see the demands expressed by the poor as illegitimate and unreasonable. In fact of all the people in society our demands are the most legitimate and the most reasonable because we are living in the worst conditions. The demands of those with the most money and power are the least legitimate. Logic as well as justice is on the side of our struggle to put the will of the many against the will of the few which is the only way to turn our imaginings of a new urban order into reality.

I thank you all.

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Sowetan: Poor need city housing

http://www.sowetanlive.co.za/news/2010/10/13/poor-need-city-housing

Poor need city housing

HOUSING experts and civil society groups have slammed the government over the lack of low-cost housing in city centres.

The poor have to endure “sweat, beatings, arrests, lies, water cannon, live ammunition and even death” to get well-located land for housing, said Abahlali Base Mjondolo president Sbu Zikode, a panelist at a high-profile conference dubbed “Re-imagining the city: New urban order” being held in Cape Town this week.

The three-day conference, organised by the Development Action Group (DAG), brought together 40 international and local experts on urban land management and civil society organisations.

Zikode said: “It is nice to imagine a city where no one lives like a pig in the mud; where everyone is safe from fires, abuse, police raids, disconnections, evictions and political attacks.

“But land and housing are the most urgent problems in our cities and there is serious difficulty in resolving issues.

“This discussion can only begin once those who do not count begin to count. We decided long ago not to accept a situation in which some people talk about the poor and even for the poor without ever speaking to the poor.”

Zikode said while the work of intellectuals, town planners, engineers, architects and related professionals was critical, they had to work with the poor in mind.

DAG chief executive Kailash Bhama said: “The last two weeks in Cape Town have been unsettling for all South Africans, rich and poor.

“We have been painfully reminded by the unrest in the settlement of Hangberg … that land and its location . is important in the delivery of low-cost housing.

“But in South Africa the majority of low-cost housing is located on the fringes of cities where land is cheaper.

“This perpetuates urban sprawl, weakens the fragile livelihoods of the poor and entrenches inequality.”

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M&G: Leaderless community self-destructs

http://www.mg.co.za/article/2010-10-12-leaderless-community-selfdestructs

Leaderless community self-destructs

Birds of prey hover over the Kennedy Road informal settlement in Durban. Swooping through the nauseatingly sweet air, perfumed to mask the stench of a landfill site just across the fence, they pick at the detritus below.

Mired in squalor on the periphery of society, communities like the estimated 8000 people who live here have long attracted predators: politicians, shacklords, academics, journalists, NGOs, tavern owners and others out to make a quick buck from human misery.

Even the rebuilding of homes after shack fires ­- eight have ravaged the settlement this year alone, the worst gutting 800 homes in July — has allegedly been corrupted.

Said resident Msawakhe Sangweni: “After the first few fires, the [eThekwini] municipality started building the amaTins (metal shacks) for people, but these things were too small for big families. We asked for the materials so we could rebuild ourselves. But the materials arrive and then go missing.”

Sangweni echoed community suspicion that the building materials, handed to a community policing forum (CPF) — seen to be aligned to the ANC ­- for distribution to residents, had been sold outside the community. “The committee says there is an investigation into this, but we don’t know anything,” he said.

Forum chairperson Jomo Gwala confirmed that an investigation was taking place, but would not comment further. The CPF was established in September last year after youth leaders of the shack dwellers’ movement, Abahlali baseMjondolo, were set upon by a mob chanting anti-Mpondo sentiments. It triggered a night of terror and violence that left two people, Nthokozisi Ndlovu and Ndumiso Mnguni, dead.

Abahlali leaders fled for their lives and into hiding, as did several hundred others. Abahlali alleged the attack was an attempt by the local ANC to disembowel the movement, one of the largest of its kind with more than 3 000 paid-up members and claiming many other informal followers in 25 communities in KwaZulu-Natal and others in the Western Cape.

Thirteen members of the Abahlali-aligned Kennedy Road Development Committee were arrested for the murders, with police alleging that they were behind the killings. One has since been acquitted after three months in jail, seven were released on bail in November last year and the remaining five in July this year. After several delays, the trial is expected to start in late November. The charges include two counts of murder, attempted murder and armed robbery.

Abahlali has called the investigation into the attacks “blatantly political” and the judicial process “distorted”. The movement’s call on government for an independent judicial inquiry into the attacks has fallen on deaf ears.

A year has passed since the attacks on the night of September 26 and the following morning. What happened that night remains as murky as the rivulets of water, turned a milky blue-grey by sewage and washing, that run through the settlement.

A few days after the violence, at a meeting called by KwaZulu-Natal safety and security minister Willies Mchunu, where he claimed that Kennedy Road had been “liberated” from Abahlali, the CPF was formed.

At the meeting the chairperson of the municipality’s housing committee, Nigel Gumede, said that Abahlali’s oppositional approach to the municipality had blocked development. Gumede promised the community electricity connections and housing in the new Cornubia development by February this year.

A year later electricity has not been installed and, Gumede said, the Cornubia development has yet to break ground. “There was no policy to reticulate electricity in informal settlements,” he said. “We have been working on that. And there is also the issue of shacks of low quality not being able to hold the electrical-ready boards.”

There are other changes at Kennedy Road. There are more amaTins. The drop-in centre and crèche run by the community no longer operates, and the hall, once a common resource for meetings, is dilapidated and home to refugees from the last fire.

Malodorous rubbish piles up because the community’s clean-up campaigns have ceased, whereas toilets installed months ago have not been cleaned. Some residents say they are uncertain about their future, because communication between them, the CPF and the municipality is nonexistent.

One resident who spoke anonymously to the Mail & Guardian said: “Whenever I go to the committee with a problem or to help with a proof of residency [to access social grants and identity documents], they say ‘I’m not the chairperson.’ And they tell me to go away.”

Gwala said representation for Kennedy Road was in chaos. “Ward 25 [where the settlement is situated] does not have a single ANC branch executive; that’s why things are mixed up. There are two branch executives, the old and the new. No one will be sure who is leading Kennedy Road until this is settled.”

On why the settlement could not vote in a non-ANC committee, as was the case previously, Gwala said: “If I have a problem, I’m supposed to report to the BEC [branch executive committee], who reports to the councillor’s office, who will take it to [Mayor Obed] Mlaba’s office. That is how it works.”

Zama Ndlovu (28) used to work at the drop-in centre, which cares for up to 50 children a day while “their parents went to work or to look for a job”.

After the death of her mother and aunt, Ndlovu’s job allowed her to support her own son, four-year-old Nhlaka, as well as a sister, a nephew and a cousin, all between eight and 15 years old. Since the attacks, she has worked intermittently.

Ndlovu, who is studying by correspondence for a diploma in human resource management, said: “When you finish matric and do tertiary [education], you feel like you have the world in the palm of your hand. Then you realise there are no jobs. Eventually in June I felt I had to be more adult because the people I’m responsible for can’t go to bed hungry, so I did domestic work for R45 a day. I never thought of myself as a domestic, but I’m the elder at home now.”

It was school holidays when the M&G visited Kennedy. Children wandered around the settlement. Ndlovu looked wistfully at her son and said: “There’s nothing for these children now. At the crèche there was a playground and things for them to do; we’d also give them a hot meal. Now people have started home crèches, but five children in a small shack is terrible for them. And it’s more expensive, R10 a day. We used to charge R20 a month and even then many couldn’t afford it.”

The lives of those arrested for the murders have also changed. Thokozane Mthwana, one of the “Kennedy Road 12”, gave his version of the night of terror: “I thought the police had come to save us from the mob, and I got into the van. But when we got to the station, they arrested us,” he said. Mthwana’s home and tuck shop, with all its stock, was looted and destroyed that night. Having previously worked as a security guard to support his three children and three nephews, he has been unable to find a job since. “I lost my job when I was arrested last year and now no one will hire me because of the case.”

Mthwana’s plight appears especially tragic. His mother, who helped support the six children he cared for with her pension, recently died.

He said his two-month stint in prison was “very difficult”. “You have to buy your life in prison. You need Boxer [tobacco] or something like that to buy life. Things happen to you that I can’t explain to you. Even to sleep at night, you need to buy it.”

With its Kennedy Road headquarters looted, Abahlali now operates out of a small office in downtown Durban. There, Sbu Zikode’s five-year-old son picked at a newspaper article with a black-and-white photo of Kennedy Road pasted on the wall. Their home has since been destroyed.

Zikode said the settlement has changed almost unrecognisably since the attacks. Looking dejected for a second, he said: “It’s only now we’re allowing ourselves to feel the effect of the attacks on our families. For a long time we were dealing with the attacks, people being displaced, the movement, trying to make sense of what happened. It’s only now that some things are starting to sink in.”

Abahlali itself appears to be at a watershed after five years of existence. Kennedy Road, its symbolic heart, has been wrenched away. There were tentative attempts to return and a Kennedy Road in Exile branch, with more than 100 members, was formed.

The movement continues to negotiate with the municipality over in situ upgrades in 14 informal settlements around Durban, including Kennedy Road. The impression remains that it still holds the view that “living politics” remains more important than the agendas of NGOs or funders.

There are now questions about whether it will go the route of other social movements, like the Anti-Privatisation Forum, whose support and voice seem to have ebbed away.

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Umzekelo omulhe wase Haiti: ngeminyaka engamakhulu anambini wokuzimela kwaseHaiti

Umzekelo omulhe wase Haiti: ngeminyaka engamakhulu anambini wokuzimela kwaseHaiti

Umbhali ngu: Peter Hallward (2004)
Umtoliki ngu: Bulelwa Mafu (2010)

Kwiminyaka engamakhulu anambini eyadlulayo kule nyanga (ka Januari 2004), ikoloni yamaFransi yase Saint-Domingue kwisiqiti sase Hispaniola yabalilizwe elizimele lase Haiti. Zimbalwa iinguquko ngokwembali yehlabathi zathi zabaluleka, zadinga ukuzinikela okanye zanikeza ithemba elingaka. Futhi ezinguquko zaliyalityalwa ngabo babecinga ukuba imbali ifikelele esiphelweni njengo qhanqalazo lwe soshelizimu, nokuziphatha kwelilizwe, nokuziphatha kwamanye amazwe akhulayo.

Kwinguquko ezintathu ezibalulekileyo ezadlulalayo nge kwisikhathi seminyaka eyishumi enesishiyagalombili- emelika, eFransi, naseHaiti- eyaseHaiti hiyo eyabangumzekelo kwezinye, ngoba yayijongene namalungelo wabo bonke abantu ehlabathini liphela, into eyayingaqelekanga ngezomini. Kwezinguquko zonke eyaseHaiti yayiyeyona engumzekelo omuhle koza zonke.

Esisiqithi sasilawulwa lilizwe lase Fransi, kodwa nge1780’s iSaint-Domingue yabayeyona koloni enengeniso ngexa yokunyuka kwezinga lomnotho yalo. uPaul Farmer wathi, ‘iSaint Domigue – eyayiphantse yalingana ne lizwe laseMaryland eMelika namhlanje- yayinomnotho owayesodlula amakoloni aseNorth Amerika. Ngexesha leFrench Revolution yabalelona lizwe livelisa ikofu, futhi i 75% yeswekile yayifumaneka kwelilizwe, kodwa lonke oluphuhliso lalungenxa yolawulo lobuhlanga, olweza ne ‘plantation economy’, ngokutsho, eyayisuka kwimpatho kabi yabantu abantsundu ngokwamakhoboka. Babebaninzi abantu ababesifa kulempatho yobukhoboka. Ngo 1789 uEric Williams wathi esisixeko sasingathi sisihogo.

Ukwanda kwabantu kwazisa ubunzima kule koloni. Amandla okuphatha ohluwa phakathi kwamabandla amathathu aphikisanayo-abamhlophe,amaFransi, iiMuluttos nabo babengamakhoboka abakhethiweyo. Kodwa ngexesha leFrench Revolution kwabakho impikiswano phakathi kwababaphathi, kwathi ngenyanga yomga ngonyaka ka 1791 xa amakhoboka ezama ukuzilwela abaphathi bohluleka. Kwathunyelwa umkomishina wamaFrentshi, uSonthonax, uba azokumisa uzinzo, kodwa wadibana nembila zithutha kuba abalimi abamhlophe baseFransi babeqhanqalazela kwaye befuna namalungelo eMulattos arhoxiswe. USonthonax wazama ukuthomalalisa olu dushe ngokuba anike umkhosi wamakhoboka inkululeko esisigxina. Ekuhambeni kweminyaka umkhosi wamakhoboka wakhokelwa ngu Toussaint L’Ouverture wahamba wayilawula le koloni. uToussaint waboyisa abalimi abamhlope, amaSpanish, amaBritani, nentshaba zakhe imulatto’s. Ekuhambeni kwemiyaka wabangumlawuli wase SaintDomingue. Ngo 1801 kuba uToussaint wayengafuni kuphulukana neFransi wazinikela ukuba abelibanjwa kuba uNapoleon wayefuna makuhlale iyikoloni yobukhoboka. Umkhosi ka Napoleon waphumelela eGuadeloupe kodwa woyisakala eSaint Domingue. Ade akutshwa onke amaFrentshi kwelilizwe ngo 1803.

Ungazibuza ukuba kutheni umlando waseHaiti ubalulekile nje? iHaiti lelona lizwe elihluphekileyo empumalanga, kwaye alizange liphumelele kwezoqoqoshe, laziwa njenge xoba lesifo sikagawulayo. Khutheni ke sinomdla kwezi nguqu ezathi zadala elilizwe? Nazi izizathu.

1. Inkululeko yase Haiti lixesha elibalulekileyo kwi mbali yehlabathi lonke, ngoba kulapha ngo1789 apho inkululeko kwaye nokulingana kwamalungelo wabantu bonke avavanywa ngokwenene. Inguquko yaseFransi yaqalisa apho iFrench Revolution yaphela khona: phambili kokuba uNapolean avelise ubukhoboka entshonalanga eHispaniola, uToussaint wabuphelisa empumalanga. Kwaye izizathu ezazinikezwe ngmaFrench zokuxhasa ubukhoboka zisibonisa ukuba izinto azikatshitshintshi elizweni, ikakumbi kwimpatho yabasebenzi emhlabeni jikelele. uPierre Victor Malouet, xa wayethetha kwicala labalimi ngo1791 wayeyazi ukuba uxhaswa kwamalungelo wabantu emhlabeni jikelele kwa kungazuhambelana nobukhoboka.

2. Impumelelo yokuba iHaiti ifumane umaziphate isikhumbuza ukuba ingcali zezopolitiko azazi konke ngoba inguquko yaseHaiti yayingalindelekanga ngelaxesha yenzeka ngalo. Ababukeli bothuswa ngulo maziphathe. Ngokujonga kuka Robin Blackburn, amajoni ka Toussaint ngawo athi ohlula ubuhlanga kwelelilizwe. Ukufumana kwe Haiti inkululeko kuko okwathi kwabonisa indlela kwimibutho yenkululeko yase Afrika nase Latin Amerika. iHaiti yaxasa u Simone Bolivore kwimizamo yakhe ngokuchasana ne Spain. Inkululeko yaseHaiti, yabangumzekelo kwi Cuba, iJamaica, iBrazil, neMelika, kwaye ne Afrika iphelele ekulweni ucalucalulo nobuhlanga.

3. Inguqu yase Haiti yiyo ebonise ukuba ilizwe ngalinye lifanele ukuba lizihlole ngokwembali yalo. Abangafuni ukuyisebenzela inkululeko abasoze bayibone. Icacile ngoku ukuba ayikho enye indlela ngapandle kokuzimela kwelilizwe okwakunokuphelisa ubuhlanga nobukhoboka. Yathatha uDessalines iiminyaka eliyishumi ukuqonda oku, oko kwakungafunwa ukwamkelwa ngu Toussaint. uToussaint wazama ukucenga iFransi ukuba igcine uqoqosho kwezolimo ngenjongo zokunceda abalimi abamhlope. . Lemizamo yenza ukuba angafumani nxaso kulomlo neFransi. Lonto yenza ukuba umntu owa lwela inkululeko yamakhoboka angakwazi ukuyigcina lenkululeko. Ukupheliswa kobuhlanga nobukhoboka kwakulindelekile, kwaye kwakungenakuvinjelwa ngunmtu. uSonthax yena kwafuneka eyamkele lenguquko ayayibangwe kungavisisani ngaphakathi kwabaphetheyo.

4. Noba indlela eya phambilii yayingasoloko icaclile, inkululeko yase Haiti yayi ngenakuvinjelwa ngumntu. Ngeminyaka elishumi nesishiyagalombili ekhululwini zazi xaphakile iintetho ezicasa ubukhoboka. uMontesquieu wabonisa ububi bokusebenzisa ezokhlo ukuxasa ubuhlanga, kwaye neEncyclopedia yalebula ukusebenziswa kwamakhoboka njengo lwaphulo-mthetho, Rosseau yena wayebona ubukhobokha njengempatho okweslwanyane. IGirondin Societe des Amis desNoirs yaxhasa inkululeko yamakhoboka elungiselelwe ngobulumko.

5. Inguquko yaseHaiti ibonisa ukuba inxaso yamanye amazwe ibalulekile.Inkululeko yelilizwe yabasisithonga kwabo babexasa ukuqhubekeka kobuhlanga. Nababhali base Haiti bebeqonda ukuthi ubuhlanga badalwa ngabantu abamhlophe kuze basebenzise abantu abanstundu ukuze bazuze ubutyebi. Ngoyaka ka 1805 umgaqo-siseko wokuqala wase Haiti waqala ngokuthi bonke abahlali base Haiti, noba sinjani isikhumba sakhe ungumntu omyama, nemulattos ezazi khangeleka mhlophe ngebala ngenxa yokudibana kwabanstundu nabamhlophe babevuyela ukuzibiza njengama Afrika. Kodwa ngoku eyona nto eyaphazamisa ukuzimela kwase Haiti emva kwenguquko yayibubuhlanga nokuzikhettha kwa maHaiti ngokwebala.

6. Inkululeko yaseHati isibonisa impumelelo yokuqala yamakhoboka. Imbangi yokuba babenempumelelo eHaiti yayingoba ayemaninzi amakhoboka kwesisiqithi, impatho kabi yamakhoboka, ungavisisani kwabaphetheyo, iimizekelo yemelika neFransi, kwaye nobunganga bobunkokheli buka Toussaint. Kodwa eyona mbangi yalenguquko yayi kungafuni kwabantu ukuba baphindele kulemeko.

7. Into yayisenza imbali yaseiHaiti yohluke kwamanye amazwe ekuqaleni ku Toussaint ukuya ku Dessalines naku Preval noAristide yayikumanywa kwabantu nobunkokheli obungqingqwa. Ingxoxo ezazifuna idemocrasi zazifuna ukuphelisa ulawulo lika Aristide ekungeneni kwakhe ekuphatheni. uDessline wavelisa itax eyangazange ithandwe kwizityebi, wathatha namanyathelo okuphelisa ubuhlanga,waaqubekeka ngokunikezela ngomhlaba kwabahlelelekileyo. Kanye kancinci emveni koko wathi wabulawa ngokwendlela yezobolitiko ngabachasi bakhe. Kulemihla indidi zobukhoboka ayisezizo ezo zazikho ngo1788 kodwa izinto azikatshintshi ngokuqgibeleleyo.

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Update on the Call for a Week of Informal Settlement Strike

ABAHLALI BASEMJONDOLO MOVEMENT OF SOUTH AFRICA (WESTERN CAPE PROVINCE)

Home Website: khayelitshastruggles.com or www.abahlali.org

Email: abmwesterncape@abahlali.org office admin: 073 2562 936/ 078 760 5246

Update on the Call for a Week of Informal Settlement Strike

We appeal to all struggling communities not to be intimidated by cost of damages that occurred during the month of informal settlement strike and these cost might be very high during the last week of October as we are expecting many communities to join us in a protest for a period of a week and our sister organization Abahlali baseMjondolo DBN.

As Abahlali baseMjondolo we are saying the costs of damages occurred during this month can not be compared with the cost of damages that affects us on a daily basis. Everyday people die in shack fires which caused by lack of electricity at informal settlements, and people are victims of communicable infections such as TB and many others which caused by unhygienic conditions which people live under off on a daily basis and we are saying no one can put a value in a human life.

During the last week of October we want everything to stand still at Cape Town, and possibly through out the country.

And we are calling upon all people who are living within informal settlements to support the call by taking to the street and make sure that everything goes to a stand still.

And we saying power to residents of Enkani informal settlement who closed a Baden Powel drive last week, residents of TR informal settlements who are consistence in closing Mew Way road, RR informal settlement who closed Lansdowne road for more than three days, Philippi residents who have been consistence in closing down the road and to many other communities who took to the street during this month.

We call to all informal settlements to join our march that goes to parliament on the 28th October 2010 and urge all areas to prepare their own list of demands that they need to be submitted at parliament.

For comment please call or email us @ abmwesterncape@abahlali.org

0732562036

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The Poor People’s Alliance and other movements in support of the residents of Hangberg, Hout Bay

Click here to see some pictures at The New Worker.

Solidarity Statement by the South African Poor People’s Alliance
2 October 2010 – For immediate release

The Poor People’s Alliance and other movements in support of the residents of Hangberg, Hout Bay

We are calling for an immediate investigation into the atrocious violence and repression by police forces against the residents of Hangberg in Hout Bay, Cape Town.

Sunday, Hangberg residents will march on Hout Bay Police Station and deliver a memorandum to Safety & Security MEC Albert Fritz, Premier Helen Zille, Mayor Dan Plato and the Western Cape Police Commissioner Arno Lamoer. They will be joined by residents of Imizamo Yethu who are also facing eviction from Hout Bay.

Date: Sunday 3rd October 2010
Time: 10h00 (prayer service and rally) and 12h00 (protest march)
Begin: Hangberg Park
End: Hout Bay SAPS Police Station

As an act of living solidarity, the Poor People’s Alliance (a coalition of South African independent social movements including Abahlali baseMjondolo, the Landless People’s Movement, the Anti-Eviction Campaign and the Rural Network) will be attending the protest march by Hangberg residents on Sunday. We will also be joined by many other groups and movements including the Mandela Park Backyarders, Sikhula Sonke women-led trade union as well as members of the clergy.

As an alliance of poor people’s social movements, we are aiming primarily to support the Hangberg community’s demands and to point out that, as poor people, we are all in a similar boat. It is very important that Sunday’s peaceful protest be community-driven. It must not be hijacked by political parties to score points against their adversaries. The people of Hangberg are important everyday, not merely during election campaigns.

We call on government to listen to the demands of the poor in Hout Bay. We call on government to immediately end all evictions of poor people in Hout Bay. We call on government to upgrade all homes of poor people in Hout Bay to proper housing. We call on government to end police violence towards poor people in Hout Bay.

These are humble and straightforward things to ask. If the political parties were not in bed with the rich, they would also be quite simple to achieve. Government must be accountable to us, the people!

For information about the struggle for land and housing in Hout Bay, please contact Greg Louw (Hangberg Civic Association Media Liaison) at 0739541293.

For further queries, please contact the coordinators of the Poor People’s Alliance:

Mncedisi Twalo @ 0785808646 (AEC Western Cape)
Bandile Mdlalose @ 079 745 0653 (AbM-KZN)
Mtobeli Qona @ 0768759533 (AbM Western Cape)
Mzonke Poni @ 073 256 2036 (AbM Cape Town)
Mbhekiseni Mavuso @ 072 279 2634 (Rural Network KZN)

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Fifty People Left Homeless after a Fire in the Ridge View Transit Camp

Abahlali baseMjondolo Press Statement
Monday, 27 September 2010

Governmentally Approved Shacks (Tin Houses) Burn Down in the Ridge View Transit Camp

A fire swept through the Ridge View Transit Camp on Sunday, 26 September 2010. It began at the hour of 23:00pm and eighteen (18) amatins (government shacks) were turned to ashes and +-50) people left homeless. It is assumed that the fire was started by the candle in one of the tin house.

The community that is being forced to live in the Ridge View transit camp was placed there five years ago with limited water standpipes, electricity, refuse collection and 6 toilets. One toilet is in good condition but the others are no condition to be used by humans. The residents of Ridge View have begged the Councillor of Ward 29 Lindiwe Ntaki several times for development but she has denied the residents wishes to be removed from the transit camps and be placed on proper houses. There are 852 government shacks (amatins) in this transit camps with +-5000 people being forced to live like animals in this filthy community. If this is ‘housing delivery’ we don’t want it. It is an insult to our human dignity and a disgrace to the city and to the country.

Councillor Lindiwe Ntaki came at 11:45am today to the shack fire victims and promised to give them food parcels and blankets. But the only thing is that she claim a food parcels for one family is 2 tins of baked beans and 1 blanket per family. The questions that are raised by the community is how are they going to eat the baked beans alone and where are they going to sleep with one blanket as most of them are large families. They have no shelter to sleep on this cold night with their children and have absolutely nothing to eat other than the two tins of baked beans. They don’t even have tin openers.

For a long time we always voted for a better life with a hope that the leaders that we vote for will always work for the people. But we have found that the leaders that came to power through our votes have no interest in the lives of the people. We are just ladders for them. The only interest they have is for the people to vote and put them on the top positions. Once they are there they forget that they are where they are because of people. We’ve always said that the interest of the poor is not respected and considered but the shack fires that are happening with no help from the government prove that we are not respected as South African citizens.

Our biggest concern is that these same politicians are going to campaign for the people’s votes in the next election while they have failed to even provide us with those basic services that we have been promised by those who were in power due to their hunger for our votes. We demand that an urgent action should be taken by Cllr James Nxumalo to all the councillors that don’t do their work. We also demand that Mr Nigel Gumede get rid of all the transit camps and give people proper houses. We advise all communities to organise and mobilise themselves outside of the control of the councillors, the ward committees and the BECs.

We have always said that these transit camps must not be built for the people and that the people must rather be given proper housing because we’ve seen that these government shacks are no improvement from the shacks that we’ve built by ourselves.

As a movement we would like to stress out this fire was not caused by an illegal electricity connection (a people’s electricity connection). The government must stop lying and blaming all shack fires on illegal electricity connections. We do not want to see the government diverting the focus from their failure to provide us with land and housing, and to electrify our shacks while we wait, by putting this false stress on illegal connection as they always do. People don’t need to be work-shopped about fire safety. These workshops are an insult. Our problem is not that we are stupid. Our problem is that we don’t have electricity and proper houses. People need to get electricity immediately and then to be housed in safe houses.

We urge all those who wish to help by donating what they can to call the office of the Abahlali baseMjondolo Movement S.A.

For more information please contact the following comrades:

Ms Bandile Mdlalose
Abahlali baseMjondolo Secretary General
031 304 6420
074 730 8120

Mr Mnikelo Ndabankulu
Abahlali baseMjondolo Spokesperson
079 745 0653

Mr Bongi Tibe
Ridge View Resident
083 420 6124

Click here to see some photographs of the Ridge View transit camp by Kalinca Copello.

Click here to read an academic study on the River Side transit camp by Lenny Cohen.

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Statement on the Anniversary of the Attack on Abahlali baseMjondolo

Sunday, 26 September 2010
Abahlali baseMjondolo Press Statement

Statement on the Anniversary of the Attack on Abahlali baseMjondolo in the Kennedy Road Settlement

A year ago today our movement was attacked by an armed mob in the Kennedy Road settlement. The police refused to come to our aid and for months the homes of our best known comrades were destroyed and they had to flee for their lives. Two weeks before the attack the chairperson of the ANC in Durban, John Mchunu, publicly attacked our movement saying that it was a threat to the ANC. The day after the attack Willies Mchunu, the Provincial MEC for Safety & Security, said that a decision had been taken to disband our movement. He described the attack that drove us from our homes and our community as a ‘liberation’. A few weeks later the Pemary Ridge settlement was brutally attacked by the police.

These attacks on our movement were political. We believe that the politicians decided to destroy our movement because they knew that they were going to lose the Slums Act case in the Constitutional Court and because we were exposing their corruption and stopping their evictions. We believe that they encouraged some of their supporters to attack us by offering them tenders and the power to allocate houses in the upgrade that we had struggled for and won. They tried to disguise what they were doing by mobilising people on an ethnic platform. It is no coincidence that the tension on the ground began after Jackson Gumede, the chairperson of the Branch Executive Committee of the local ANC, was given the tender to clean the toilets in the Kennedy settlement after our campaign for decent toilets.

The attack has caused real suffering for the people who were injured and the families of those who died in the conflict. It also caused real suffering for those who were displaced and had their homes destroyed and all their possessions looted. It damaged our movement in some ways but it has not destroyed our movement.

The people who were displaced are still suffering. They are scattered to their families or they are renting shacks in other areas. The government has done nothing for the displaced. After the attack we could not have large and open meetings as we always had before. For some months we had to organise underground.

But although our leadership was displaced they have shown more power and energy to be active from exile. They have not been intimidated. Our members have not been intimidated. They have shown real courage and determination in rebuilding their movement from the bottom up.

Our struggle has continued and the following new areas have joined our movement since the attack:

1. Hillary Flats
2. Lindelani shack settlement (Ntuzuma)
3. KwaMaphulelo shack settlement (Stanger)
4. K-Section shack settlement KwaMashu
5. Palmiet shack settlement (Clare Estate)
6. Portview Flats (Beach front)
7. Ridgeview transit camp (Chesterville)
8. Richard Farm A transit camp (Near KwaMashu)
9. Richard Farm B transit camp (Near KwaMashu)
10. Siyanda B5 transit camp (Near KwaMashu)

There is now also a Kennedy Road Exiles branch with 127 members in good standing. It meets every Sunday. And 1 365 new members have joined the movement in their individual capacity and are currently paid up card carrying members in good standing.

The following old areas that had branches in good standing or were collectively affiliated to the movement before the attack remain active and in good standing:

1. Arnett Drive shack settlement (Reservoir Hills)
2. Foreman Road (Reservoir Hills)
3. New Hanover shack settlement
4. Howick shack settlement
5. Kennedy Road (Reservoir Hills)
6. eMatinini (Siyanda)
7. Motala Heights A shack settlement (Pinetown)
8. Motala Heights B shack settlement (Pinetown)
9. New eMaus shack settlement and decayed church houses (Pinetown)
10. Pemary Ridge shack settlement (Reservoir Hills)
11. eShowe Shack settlement
12. Tongaat shack settlement
13. Siyanda A transit camp (Near KwaMashu)
14. Siyanda B transit camp (Near KwaMashu)

We therefore have a total of twenty five active branches and affiliated communities in KwaZulu-Natal. The movement is also growing in Cape Town. We have not been defeated.

Our programmes have continued and we have taken some major steps forward. We have marched against the State President for the first time and the Women’s League has organised a women’s march for the first time. Our president S’bu Zikode was awarded the Order of the Holy Nativity. This is the first time that this award has gone to a non-Anglican.

Our demands with regard to the attack remain as they always were. They are that:

1. The government takes real steps to restore and to guarantee political freedom in the Kennedy Road settlement.
2. The government takes real steps to enable the free and safe return of the exiles and to guarantee their safety if they chose to return to Kennedy Road.
3. That compensation is paid to all those whose homes were destroyed and who had to flee the settlement on the threat of death without receiving any protection from the police.
4. That there is a free and fair election for a new committee in the settlement.
5. That the government set up an independent and credible commission of inquiry to look deeply into the attack.

If the government had nothing to hide they would have had no problem in agreeing to an independent commission of inquiry. But they are scared of the truth and our demands to the government have gone unheard. Therefore we are:

1. Continuing with the Return to Kennedy Road Campaign.
2. Launching a civil claim against the Minister of Police and Willies Mchunu for damages resulting from their failure to protect us against the attack. We all know that the lower courts are not free and fair but higher up the poor can get a fair hearing. Mike Mabuyakhulu can tell Bheki Cele and Willies Mchunu what to expect.
3. Ready to give our full co-operation to the independent commission of inquiry into the attack that Bishop Rubin Phillip is setting up.

Our movement’s strength has always come from our commitment to people’s politics – a living politics that comes from the ordinary needs of ordinary people and which is firmly under the control of ordinary people. This is a politics of unity. The parties divide the poor in order to rule the poor but our people’s politics unites the poor on the basis of our common problems. In all the fires that struck Kennedy Road after the attacks a people’s politics re-emerged in the settlement in the midst of disaster. The return to Kennedy Road campaign was welcomed. The displaced people were welcomed in the settlement. But the people that were displaced still cannot return to the settlement without guarantees for their safety. The top down political influence that succeeded to turn the poor against the poor can do the same again. When night falls we cannot be certain of our safety in the settlement.

The politicians have been clear about their aim to destroy our movement. However some of the officials in the Municipality have continued to recognise the Kennedy Road Development Committee as the legitimate representatives of the settlement and have continued to negotiate with the KRDC on the commitment to upgrade the settlement that we won after years of struggle. Our last meeting with the officials was on 22 June 2010. It went very well and they promised to come back to us in four months with a full technical report.

Some cases were opened against the people that had destroyed our homes. They were opened with great difficulty and most attempts to open cases were refused. But we have heard nothing about the cases that were opened.

The area committee of the ANC is now running Kennedy Road. They were never elected by the people. They were just appointed by Willies Mchunu. Nomsa Dube and Nigel Gumde both went to Kennedy Road after the attacks and promised people houses. But now there is silence about these houses.

The arrests that followed the attack were political from the beginning. Justice was delayed and denied. The detainees were severely assaulted in prison. They were kept in prison for months and months without any evidence being brought against them. The fact that the witnesses didn’t even bother to pitch up to court when the trial was due to start shows a lot.

For us it is very sad that the Human Rights Commission has reacted to the open toilets in Cape Town while they have failed to investigate the Kennedy Road attack. We ask ourselves why they put the right to have walls around a toilet before the rights to safety, a home and to political freedom. We ask ourselves which comes first: a private toilet or the right not to be attacked and driven from your home?

We see that Cosatu and the Human Rights organisations are taking a good position on media freedom. But it is very sad that Cosatu and some of the Human Rights organisations say nothing about the repression faced in Kennedy Road, in Pemary Ridge and in Protea South, in eTwatwa. We wonder why we don’t count to them. We wonder why our politics does not count to them.

It is clear to us that for many people democracy is something for the rich, the middles classes and even the working class but not for the poor. It is clear to us that for many people our demand for basic dignity is taken as a chaos and a threat to society. It is clear to us that for many people our humanity is invisible. Just as many people are silent when we are forcibly removed from the cities many people are also silent when we are evicted from this democracy. But democracy means the rule of the people and we are a large part of the people and so no one can say that there is a real democracy in our country if the poor are not allowed to think, to speak and to organise for ourselves. No one can say that they are really a defender of this democracy if they do not also defend the right of the poor to organise freely.

We won the case against the Slums Act and yet the government continues to build transit camps. Corruption is everywhere. We can show anyone who is interested the live evidence that there is corruption in every development. Corruption exists at the bottom but it does not come from the bottom. It comes from the top.

Jacob Zuma failed to answer the memorandums that we sent to his office from our marches after the attack. We were thousands and yet he said nothing. We are always asking the politicians to come and sit with us and to talk to us but we only see them on TV or rushing past on the freeway with their blue lights. We see that any rich person can pay for the right to have dinner with Jacob Zuma. This is not democracy. This is the rule of the rich. In a real democracy a poor person would have the same right as a rich person to have the ear of the president. We are preaching an unpopular gospel which is the truth about our democracy.

We are discussing some new strategies. We are talking about this in our branches and with our comrades in the Poor People’s Alliance and we hope to announce a national week of action soon. We are hoping to see combined actions in Johannesburg, in Durban and in Cape Town.

As Abahlali baseMjondolo we will carry on focussing on our programme to defend the dignity and the rights of shack dwellers and poor people until the promised Canaan is reached. Even those who were used to fight against us are also poor and are therefore also part of our responsibilities. We will continue to preach the gospel of land and housing. We will continue to preach the gospel of a politics for the poor, by the poor and of the poor.

We thank all those who have shown us a living solidarity over the last year. We thank the movements, the church leaders, the lawyers, the academics and the activists around the world who have stood up to say that democracy and freedom are either for everyone or they are not real.

For more information and comment please contact:

Mondli Mbiko: Co-ordinator, Kennedy Road Development Committee in Exile 073 1936 319
Mzwake Mdlalose: Chairperson of the Kennedy Road Development Committee in Exile and Deputy President of Abahlali baseMjondolo 072 132 8458
Bandile Mdlalose: Abahlali baseMjondolo Secretary General 031 304 6420, 074 730 8120
Mnikelo Ndabankulu: Abahlali baseMjondolo Spokesperson 0797450653

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Heritage Day Fire in Arnett Drive

Abahlali baseMjondolo Arnett Drive Press Release
25 September 2010

Heritage Day Fire in Arnett Drive

At 9:45 last night a primus stove broke out starting a big fire in shack number 40 in the Arnett Drive settlement. This shack was completely destroyed and the next door shack was damaged. Gertrude Cele (65) was very badly burnt on her side and stomach and is now in Addington Hospital. She and her partner, Michael Morori, have lost their home and all their possessions.

The fire brigade were called but they came late. However the community was able to organise a chain to pass buckets of water from the river up to the settlement and we put the fire out ourselves. The police came quite quickly and they called the ambulance that took Gertrude Cele to hospital. We appreciate this. The councillor has not come although we phoned him and there has been no support from Disaster Management. We need building materials to rebuild the shack.

There have been fires in our settlement in 1992, 2007 and 2009. These fires are a result of having to use primus stoves and candles instead of electricity. When our self organised electricity connections are destroyed by the police they force us back to the primus stoves and candles and therefore to the fires. The denial of electricity to shack dwellers is the cause of shack fires.

When we first started to organise ourselves as Abahlali baseMjoindolo the politicians would always say that shack fires are the result of drunkeness. Now they always say that shack fires are the result of ‘illegal electricity connections’. They are always trying to blame us for the fires whereas they are the ones that have failed to ensure that we have access to electricity. Everyone knows that when self organised connections are done safely they protect us from fires.

Earlier this year the eThekwini Municipality lifted its 2001 ban on providing electricity to shacks. This was a direct result of the struggle of Abahlali baseMjondolo and we welcome this step forward by the Municipality. However we have still not been provided with formal access to electricity and until we are we will insist on our right to connect ourselves to electricity.

The Arnett Drive shack settlement was formed when this land was occupied in 1978. Since then the settlement has constantly been threatened with eviction. As a result of our struggle in Abahlali baseMjondolo we have now been promised that houses will be built for us here in Reservoir Hills and that we will not be forcibly removed to the human dumping grounds outside the city. We welcome this promise.

However we do fear that all these promises could just be to try and trick us into voting in the next election and that after that the bulldozers will come to destroy the settlement. We cannot relax until the promises that have been made to us our kept.

Our demands are that:

1. We are given formal access to electricity and that while we wait our self-organised connections are not destroyed.
2. We are given toilets and taps.
3. Our settlement is upgraded where it is.

We are also unhappy about the police raids. They come into the settlement during the night, waking us up, making us stand up while they look into our homes. They look for electricity connections and to see if anyone is selling beer. They often steal our money and insult us. Earlier this year they confiscated two crates of beer and two bottles of Smirnoff from one lady and stole R1000 from her. She was also made to pay a fine of R300. During these raids the police treat the poor as criminals. No middle class person has their home raided in the middle of the night. We have the same right as anyone to be protected and not vandalised by the people. However we wish to be clear that we are not fighting the police. We are fighting the municipality and the councillors.

We are not happy about Heritage Day. How can we be happy when Gertrude Cele and Michael Morori have lost their home and Gertrude is in a serious condition in hospital? Some of our parents came here after being evicted from Umkhumbane [Cato Manor] where they fought in the women’s riot in 1959. This is the only heritage that we can take pride in – the heritage of the long and continuing struggles of the poor to have a dignified place in this city.

For more information and comment please3 contact:

Nomhle Mkhetho 079 258 6043
Clement Mtshali 078 115 3215

Click here to read ‘A Big Devil in the Jondolos: A report on Shack Fires’ by Matt Birkinshaw (2008).

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The Mpanza and Shange Trial Continues in eShowe

Rural Network Press Statement
Tuesday, 14 September 2010

The Mpanza and Shange Trial Continues in eShowe

The Mpanza and the Shange trial will return to court for the 20th time on Friday 17 September 2010. The Rural Network and the Abahlali baseMjondolo Movement will be there to show a living solidarity.

On 17 June 2006 Thembinkosi Mpanza was 17 and Vukani Shange was 16 years old when they were shot to death by the farm watchers in Horse Shoe Farm near eShowe. The accused are Jabulani Sithole and Phumlani Thusi. Mpanza and Shange were allegedly killed for stealing two sticks of sugar cane for human consumption.

The two teenagers were killed coming from Sibekezelo High school in eMasangweni near Nkwalini a day after the National Youth Day in South Africa which is usually commemorated by the youth for those who were killed in brutal murder in Soweto on 16 June 1976. As they walking home from school, they decided to eat some sugar cane. The boys were still in the spirit of Youth Day and happily singing the National Anthem. They were not knowing that they would soon join those who were killed in Soweto in 1976. These Farm Watchers emerged from the bush and mercilessly gunned down the two boys in cold blood for the so called crime of eating the fruits of this land.

Since 2006 justice has been delayed and denied. The trial only started on 20th of June 2010. The Rural Network in KwaZulu-Natal has written letters to the Minister of Justice raising concerns over these procedural issues on the matter.

The killing of people in the rural communities around KwaZulu Natal has been going on for too long now. One death is a death too many. As a matter of fact Mr Mpanza, the uncle of Thembinkosi Mpanza, has also been shot to death while walking passed the farm of Mr Channel. He was shot to death in front of his two kids aged 16 and 11 years.

This raises question about whose life is important or less important in this country. We have noted with great despair that when a poor person on a farm is shot by a farmer and their farm watch no one cares. Neither government nor media take it seriously but if it is the farmer that is killed the whole world is shaking.

We’ve always warned that we are the people that do not count in our society. We don’t count to our government; we don’t count to our business sectors and we don’t count to the rich and to our middle class communities. We will only count when the poor define ourselves for ourselves and are able to force our participation into every matter that decides the future of the poor. But when we realise and acknowledge the strength of the poor we become the huge threat to those who claim to own power. Just as the land and wealth of this society must be shared so to power must be shared. Everyone in this society must be made to count equally.

Today we have mobilised and organised our poor communities around our common goal which is to recognise that our strength is in our numbers and to build our unity. This unity is the same unity that shall be used to destroy the power of the rich and the power of those who put business interests before human dignity.

We call upon every progressive organisation and individual to come and support our call that the trial of alleged killers of Thembinkosi Mpanza and Vukani Shange is fair and just.

The trial will take place at the eShowe regional court at 09:00am. The presiding officer is Mr Xolo, the prosecutor is Mr Magubane, the defence counsel is Mr Masuku and Mr Khumalo.

For more information or comment please contact:

Rev. Mavuso
Rural Network Spokesperson
072 279 2634

Mr M’du Sibisi
eMasangweni Rural Network Branch Chairperson
073 387 9265

Mr Mnikelo Ndabankulu
Abahlali baseMjondolo Spokesperson
079 745 0653

Ms Bandile Mdlalose
Abahlali baseMjondolo General Secretary
031 304 6420
074 730 8120

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A Call for a Week of Informal Settlement’s Strike

http://www.khayelitshastruggles.com/2010/09/call-for-week-of-informal-settlements.html

A Call for a Week of Informal Settlement’s Strike

ABAHLALI BASEMJONDOLO IS A COMMUNITY BASED ORGANIZATION WHICH IS WORKING WITH MORE THAN 15 INFORMAL SETTLEMENTS WHITHIN CAPE, MOST OF THESE INFORMAL SETTLEMENTS ARE BASED AT KHAYELITSHA.

ON SATURDAY THE 11TH SEPTEMBER AT 15Hrs ABM WC IS GOING TO HAVE A MEETING WHICH IS GOING TO TAKE PLACE AT KHAYELITSHA OFFICES OF ABM AT QQ SECTION.

THE PURPOSE OF THE MEETING IS TO MAKE A CALL FOR A WEEK OF INFORMAL SETTLEMENT STRIKE. WE ARE GOING TO IDENTIFY A WEEK OF THIS MONTH WHERE WE WOULD LIKE ALL INFORMAL SETTLEMENTS THROUGH OUT THE COUNTRY WHO ARE LIVING UNDER APPALLING CONDITIONS TO TAKE TO THE STREET FOR THE WHOLE WEEK WITH A VIEW TO SHOW OUR DISATISFACTIONS OF THE CONDITIONS IN WHICH WE ARE LIVING UNDER OFF.

WE HAVE SEEN MANY STRIKES TAKING PLACE WITHIN OUR COUNTRY FOR THE PAST 10 YEARS, FROM PUBLIC SECTOR TO THE PRIVATE SECTOR WHERE PEOPLE HAVE BEEN COMPLAINING FOR THE WAGES. WE HAVE SEEN ALSO MANY PROTEST WHO HAVE BEEN STAGED BY POLITICAL PARTIES AGAINST EACH OTHER, SOCIAL MOVEMENTS, COMMUNITY BASED ORGANISATION, NON GOVERNMENTAL ORGANIZATION AND LABOUR MOVEMENTS BUT WE HAVE NEVER EVER SEEN ANY STRIKE BY PEOPLE WHO ARE LIVING AT INFORMAL SETTLEMENTS NATIONALLY AND THAT IS WHY ABAHLALI BASEMJONDOLO OF THE WESTERN CAPE IS CALLING FOR A WEEK OF NATIONAL STRIKE FOR PEOPLE WHO ARE LIVING WITHIN INFORMAL SETTLEMENTS.

ALL COMMUNITIES WHO ARE NOT AFFILIATED TO ABAHLALI BASEMJONDOLO WESTERN CAPE BUT WOULD LIKE TO SUPPORT THE CALL ARE INVITED TO JOIN US IN A MEETING ON SATURDAY AT 3:00 PM AT OUR OFFICES AT QQ INFORMAL SETTLEMENTS.

FOR DIRECTION PLEASE CALL OUR OFFICE ADMIN AT 078 760 5246 AND FOR COMMENTS PLEASE CALL MZONKE PONI AT 073 2562 036

A call for a week of informal settlement strike
UPDATE ON A MEETING HELD AT ABM WC OFFICE

THE MEETING THAT WAS HELD AT QQ SECTION, ABM WC OFFICES ON THE 11TH SEPTEMBER (SATURDAY) WHERE MORE THAN 15 INFORMAL SETTLEMENTS ATTENDED THE MEETING.

AND THE MEETING RESOLVED THAT

1. A MEMORANDUM MUST BE WRITTEN TO THE MINISTER OF HUMAN SETTLEMENT TOKYO SEXWALE .

Ø A MEMORUNDUM BE WRITTEN ALSO TO MEC FOR HUMAN SETTLEMENTS BONGINGOSI MADIKIZELA

Ø AND A LAST MEMORUNDUM BE WRITTEN TO CITY OF CAPE TOWN MAYOR DAN PLATO

2. IT WAS ALSO RESOLVED THAT A MASS RALLY MUST BE HELD AT VE INFORMAL SETTLEMENT ON THE 25TH SEPTEMBER 2010 AT 11:AM AS A BUILD UP ACTIVITY TOWARDS THE WEEK OF INFORMAL SETTLEMENT STRIKE

3. AND IT WAS ALSO RESOLVED THAT AFTER THE WEEK OF INFORMAL SETTLEMENT STRIKE A COLLECTIVE ACTION OR JOINT ACTION MUST BE IMPLEMENTED AND IT WAS AGREED THAT THE MUCH TO PARLAMENT MUST TAKE PLACE.

FOR COMENT CONTACT MZONKE PONI ABM WC CHAIRPERSON AT 073 2562 036 OR VUYANI NTONTELA 071 113 6764 OR XOLANI QONDANI 073 117 8782

OR MTHOBELI QONA 076 875 9533

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INdebe yoMhlaba ayisisizanga ngalutho thina bantu abampofu nabahlala emijondolo eNingizimu Afrikha

INdebe yoMhlaba ayisisizanga ngalutho thina bantu abampofu nabahlala emijondolo eNingizimu Afrikha. Inkulumo ethulwe eNyuvesi i-Rhodes e-Grahamstown

9 Septhemba 2010

Ngifisa ukubonga uMbutho waBahlali baseMjondolo ngokungithemba nokunginika lelithuba ukuba ngizwakalise ukudumala ngenxa uhulumeni abesingathe ngayo iNdebe yoMhlaba. Ngifisa ukubonga nabobonke abangani nabaseka loMbutho wethu namaDlelandawonye ethu i-Western Cape Anti Eviction Campaign, Landless People’s Movement eGoli, i-Rural NetworK Kwa Zulu/Nata nabAhlali baseMjondolo KwaZulu/Natal naseNtshonalanga Koloni.Ngifisa ukubonga i….. ngalelithuba elilihlelile.

Kusukela kwenziwa amalungiselelo eNdebe yoMhlaba thina bantu abampofu besingakaze sibandakanywe ezinhlelweni ukuze sizizwe siyinxenye yayo, ikakhulu uMbutho wethu. Emuva kwalokho sibe sesiphila ngaphansi kwencindezi eyisimanga youkususwa ezindaweni esihlala kuzo, kubalwa emijondolo yako-Siyanda, Motala e-Pinetown, Howick, New Hanover, emafulethini ko-Hilari. Abanye bethu bebesuswa ngesihluku uma bezidayisela emgwaqeni emadolobheni. Abanabhizinisi amatekisi nawo abedliwa ekhishwa emgwaqeni ukuze kuhlomule abame kahle. Kwenyuke nokukhuthazwa kwabantu ukuba badayise ngemizimba, kwanyuka nesibalo sabahaqwe yigciwane lengculazi nesandulela. Kwaphazamiseka ngisho nokufunda kwabantwana ezikoleni. Kwenyuka nokudla ezitolo.

Isithunzi sabantu abampofu siye salulazeka kakhulu ngalesikhathi kwethulwa nemithetho yokuqedwa kwemijondolo ukuze kujatshuliswe izicukuthwana zangaphandle. Kungakho namhlanje imibutho yethu iye yaqina ukulwa nalenzondo nokuhlaselwa okubhekiswe kwabampofu. Siyayiqinisa imikhankaso yethu nsuku zonke zokulwa nokuxhashazwa kwamalungelo esintu. Sikholelwa ngukuthi amandla ethu nekusasa lezwe nabantwana bethu lisezandleni zabantu abampofu. Sibenayo imikhankaso efana no-Upsidedown World Cup ukukhombisa ukungeneliseki, saba nemibhikisho nemihlangano youkuqwashisa abahlali ngalesimo esibucayi.

Constance Magagula

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Ivangeli Akuyona Into Yokuzicebisa

Ivangeli Akuyona Into Yokuzicebisa

Mhleli ngithintwa isikhalo sabanye babazalwane malunga nodaba lweNtsunami (N.J. Sithole) neZakhe. Engifuna ukukuveza nami ngingumzalwane kodwa uma abazalwane bethatha isiqumo sokuqalekisa Ilanga nezintatheli lokho ngabe kungcono uma i argument yabo ithi ilanga linamanga hayi ngoba libhale iqiniso abangahambisani nalo yingakho siwumphakathi singahambisani nokuthi izintatheli ziqedelwe ilungelo lokuzimela ngale midia tribunal ngoba siyakuthokozela ukuzwa amaqiniso ngezinto zonke ezenzeka ezweni sakhile noma usopolitiki noma usomabhizinisi noba umfundisi iqoba nje uma lingasiqambeli amanga. Odabeni lomnikelo ka R78000 ivangeli alihambisani nakho njengoba lemali ingangenanga ebadleni kodwa ingene ephaketheni lakhe incwadi yabasekorinte besibili isahluko 9 ivesi 7 ikubeka kucace bha ukuthi yilowo nalowo anikele njengalokho azikhethele khona enhliziyeni yakhe kungabi ngokudabuka nangokucindezelwa ngokuba uNkulunkulu uyamthanda onikela ethokoza manje kuloludaba angikuboni ukuthokoza ngoba kwakuyimali yokugcina ethembe ukuthi umkhuleko kaMfundisi ungamsiza lapho awukathokozi uma lowo msebenzi oshiwoyo awukawutholi intokozo uyiyithola uma usuthole omunye umsebenzi. Udaba lokuqalekisa izintatheli zephepha akuhambisani nezimfundiso zikaJesu ngoba encwadini kaLuka 23 verse 34 lapho ithi khona Baba bathethelele ngoba abakwazi abakwenzayo bangaqalekisi. Okunye izinceku zami ezikukhohlwayo ukuthi iLanga lizibhalile nendaba ezihle ngo N J Sithole lapho beveza idlela abewakhipha ngayo amadimoni ezikoleni nangesikhathi ewasha bonke abafundisi abaphekwa uyena ebageza izadla njengoJesun esehamba konke lokho alinconywa ilanga ngakho. Bazalwane ivangeli phambili imali emuva imali yeminikelo ayenze imisebenzi yebadla hayi ukuthenga izimoto eziphambi namasudi abizayo. Akucace ukuthi umuntu ubizelwe ukushumayela ivangeli noma imali.

Mnikelo Ndabankulu
Clare-Estate

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UPM: Mass Rally of the Unemployed in Durban to Demand Decent Work and a Guaranteed Income for All

Click here to read this statement in French and here to read it in Italian.

Unemployed People’s Movement Press Statement
31 August 2010

MASS RALLY OF THE UNEMPLOYED IN DURBAN TO DEMAND DECENT WORK AND A GUARANTEED INCOME FOR ALL

VENUE: Glebelands Stadium, Umlazi
DATE: Wednesday 1 September 2010
TIME: 11:00
CONTACT PEOPLE: Ayanda Kota 078 625 6462, Nozipho Mnteshana 079 740 5074
SPEAKERS: Nozipho Mnteshana, Chairperson of the Unemployed People’s Movement in Durban and S’bu Zikode, President of Abahlali baseMjondolo South Africa

A million jobs were lost last year. Many people who are working remain poor. We cannot continue like this. Therefore we, as part of a growing solidarity and militancy on the part of the organisations of the working class are demanding:

1. A living wage for every worker.

2. A real commitment to take immediate radical action to create jobs for all. This must include an immediate moratorium on retrenchments and a decision to put the right to work in the constitution.

3. A guaranteed income for all those who do not have work.

We are also in full solidarity with the strikes for a living wage, the growing struggles for land & housing and free basic services as well as the long established struggles for decent health care.

Zwelinzima Vavi is quite correct to have declared that under the Zuma regime “We are heading rapidly in the direction of a full-blown predator state in which a powerful corrupt and demagogic elite of political hyenas increasingly controls the state as a vehicle of accumulation.” But while we support Vavi’s analysis and we affirm the complete legitimacy of the demands that the workers in COSATU are currently issuing we also call on COSATU to stop protecting the ANC from the anger of the people and to join hands with the community protests and social movements that have been at the forefront of the struggle against the predatory state in recent years. We need to unite and to pose the power of the organised working class against the tendency to predation on society via the state. This requires the solidarity of all the organs of working class power on the shop floor and in the communities.

We condemn the state repression faced by movements like Abahlali baseMjondolo in Durban and the Landless People’s Movement in Johannesburg. We also condemn the gutter politics to which some of the authoritarian leaders of the middle class left have resorted in order to protect their fiefdoms from the rising strength of the organised working class.

Our hope lies in the strength of the working class and our strength lies in our unity.

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LPM: Mass Eviction Threatened in Lenasia, Johannesburg

Pre-Cast Landless People’s Movement Press Statement
Saturday, 28 August 2010

Mass Eviction Threatened in Lenasia, Johannesburg

On Friday last week a court order was delivered to the residents of the Pre-Cast shack settlement in Lenasia, Johannesburg. The court order comes from the owner of the land and demands that the state must pay him an immediate rental of R850 per month per shack and then either buy the land from him for R 11 413 800 or evict us all and return the land to him. The landowner is Mr. Horilel Ajodha.

Some families have been here for as long as thirty years, others for as long as twenty years. We are working here and schooling here. Our lives are here.

In June last year the Municipality said that the settlement was expanding and they started to evict the newcomers. The demolished ten shacks and left the people homeless in the middle of a very cold winter. These evictions were illegal and unconstitutional.

Now they say that their plan for us is forced removal to Doornkop which is one of the many human dumping grounds outside of the cities. We cannot accept this. We know that in every forced removal many people are left homeless and we also cannot accept being made homeless. We have to protect the community. We will resist any attempt to evict us in the courts and with mass action.

Our demand has always been that this settlement must be upgraded where it is and not destroyed. The government says that it is its policy to upgrade and not to continue with forced removals. Therefore it is clear that on this point we are demanding that the government sticks to its own policy.

We are, together with our comrades in other branches in the Landless People’s Movement, and together with all our comrades in the Poor People’s Alliances, demanding that the social value of land must be put before its commercial value. People must come before profit. This is the only way to defend the right to the cities for the poor.

We have been coming far with our struggle for the provision of services and the in situ upgrade our settlement. We recently had a march on the local councillor and we have been pushing the government to buy the land that we have been squatting on for us. We will, together with our comrades, continue to take our struggle forward until we are able to use the weapon of mass struggle to rediscipline the parliamentarians.

For more information please contact:

Musa Mabaso: 072 569 8509
Winnie Mathonsi: 073 659 7442

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Demands of the Women’s March on Jacob Zuma

The Abahlali baseMjondolo Women’s League march on Jacob Zuma will take place tomorrow on Friday 27th August 2010. It will begin at 8:00 a.m. at Botha’s Park and proceed to the City Hall. The President’s office has nominated a representative to collect our memorandum. As usual the office of Mike Sutcliffe, the City Manager, has not yet granted us the permit that he, in blatant violation of the law, still uses to curtail our right to protest. We have complied with all the legal requirements to stage a legal march and will be marching whether or not Sutcliffe decides to allow us to exercise a basic democratic right.

Our general memorandum to President Jacob Zuma is below. It repeats all of the demands that we have previously made to his office because they have not yet been addressed. Each settlement has also held meetings of the women comrades in that settlement to develop a set of demands for that settlement. We will continue to make these demands to President Jacob Zuma until they are addressed. These are the demands that need to be addressed in order to achieve the restoration of the full dignity of all poor women in South Africa.

At this time we also affirm our full support for the strike by public sector unions. In our movement there are many people who are also members of COSATU unions. And as S’bu Zikode recently said in a newspaper interview:

“What the unions are asking for is completely legitimate. Most civil servants are very badly paid in comparison to government officials and legislators -these unjustifiable gaps must be breached. We know that legislators pay themselves generous bonuses each year, as well as a driving subsidy and other benefits. Then they say they can’t afford to raise salaries… No Way. They’re crazy.

The unemployment rate is extremely high in South Africa [25.3%], and many jobless people look to their relatives with a job for support. The fact that those who do work barely have enough to live by, let alone support others, makes things even worse. The government needs to look for a compromise that will allow workers to contribute to society and to meet the urgent and legitimate needs of their families.”

We also reaffirm our full support for the demand from the Unemployed People’s Movement for a guaranteed income for all unemployed people.

For more information and comment please contact Miss Bandile Mdlalose at 031- 3046420 or Miss Fikile Manqele at 084 980 7434.

A Memorandum of Demands to President Jacob Zuma Friday, 27 August 2010

A new tactic and a politic of just acknowledging our letters by Government without action and conscious must come to an end.

We, women, members and supporters of Abahlali baseMjondolo and the Rural Network in the province of KwaZulu-Natal, are democrats committed to the flourishing of this country. We speak for ourselves and direct our own struggles. We have no hidden agendas. We have been mobilised by our suffering and our hopes for a better life. We believe that it is time to take seriously the fact that South Africa belongs to all who live in it.

We come from the townships of Inanda, KwaMashu and Lamontville. We come from the farms in eNkwalini, New Hanover, Howick, KwaNjobokazi, Melmoth, Utrecht, Babanango and Eshowe. We come from the flats of Hillary, Portview, Ridge View (Cator Manor), Wentworth and New Dunbar. We come from the shacks of Joe Slovo, Foreman Road, Clare Estate, Palmiet Road, Quarry Road, Motala Heights, Siyanda, Umkhumbane, New Emmaus, Permary Ridge, Arnett Drive, KwaMashu, Lindelani, Richmond Farm and, yes, Kennedy Road. We come from the transit camps of Richmond Farm, eNsimbini, Ridge View (Transit Camp),Glandin in KwaMaphumulo, eMangweni (eMtshezi), Cato Manor and New Dunbar.

We are all agreed that there is a serious crisis in our country. The poor are being pushed out of any meaningful access to citizenship. We are becoming poorer. We are being forced off our land and out of our cities. The councillor system has become a form of top down political control. It does not take our voices upwards. The democracy that we won in 1994 is turning into a new system of oppression for the poor.

We all agreed that this country is rich because of the theft of our land and because of our work in the farms, mines, factories, kitchens and laundries of the rich. That wealth is therefore also our wealth. We are all agreed that the democratic gains that were won in 1994 were won by the struggles of the people and that we, the poor, are part of the people. Those victories are therefore also our victories. We are all agreed that we cannot and will not continue to suffer in the way that we do. We are all agreed that we cannot and will not give up our hopes for a better life and a fair world.

We have had meetings in all of our areas to discuss this march. Each area has developed its own set of demands which we are presenting to you. We have also taken all the demands that are common to many areas and put them together into this statement of our collective demands. We offer it to you as a statement of our demands. We also proclaim it to ourselves and to the world as a charter for our next phase of struggle.

For too long we have been subject to evictions from our homes, be they in shack settlements or farms. These evictions are often unlawful, they are often violent and they often leave the poor destitute. Therefore we demand an immediate end to all evictions so that we can live in peace and with security.

For too long our communities have survived in substandard and informal housing. Therefore, we demand decent housing so that we can live in safety, health and dignity.

For too long those of us living in shacks have suffered without enough water and without toilets, electricity, refuse collection and drainage. Therefore we demand decent social services in all our communities so that we can live in safety, health and dignity.

For too long many of those of us who are formally connected to water and electricity have not been able to afford the costs of these services and face disconnection. Therefore, we demand that these services be made free for the poor.

For too long the promise of housing has been downgraded to forced removal to a transit camp. These transit camps are more like prisons than homes. If they are ‘delivery’ then they are the delivery of the people into oppression. Therefore we demand an immediate and permanent end to all transit camps so that the dignity of the people that have been taken to the camps can be immediately restored.

For too long the housing that has been built has been built in human dumping grounds far outside of the cities and far from work, schools, clinics and libraries. Therefore we demand immediate action to release well located land for public housing. Where necessary land must be expropriated for this purpose. The social value of urban land must be put before its commercial value.

For too long people that are already languishing in human dumping grounds have been unable to access the cities. Therefore we demand the immediate provision of safe and reliable subsidised public transport to these areas.

For too long there has been rampant corruption in the construction and allocation of housing in transit camps, RDP housing and social housing. Therefore we demand complete transparency in the construction and allocation of all housing and an immediate end to corruption. We demand, in particular, a full and transparent audit into all the activities of the social housing company SOCHO– including its CEO, general manager and board of directors. We demand a similar audit into all the activities of Nandi Mandela and her associates.

For too long poor flat dwellers have suffered from unaffordable and exploitative rents. Therefore we demand the writing off of all arrears and the institution of an affordable flat rate for all.

For too long the poor have been forced to sign exploitative rental agreements under duress and threat of eviction. Therefore we demand the cancellation and collective renegotiation of all rental agreements signed under duress.

For too long farm dwellers have suffered the impoundment of their cattle, demolition of their homes, the denial of the right to bury their loved ones on the land, the denial of basic service and brutality and sometimes even murder at the hands of some farmers. The bias that the justice system has towards the rich has meant that it has systematically undermined farm dwellers. Therefore we demand immediate and practical action to secure the rights of farm dwellers.

For too long a fair distribution and use of rural land has been made impossible by the fact that land –a gift from God – has been turned into a commodity. Therefore we demand immediate steps to put the social value of rural land before its commercial value.

For too long the attack on our movement, its leaders and well known members, their family members and its offices in the Kennedy Road settlement in September last year has received the full backing of the local party and government structures. Therefore we demand

*a serious, comprehensive and credible investigation into the attack and its subsequent handling by the local party and government structures. This must include a full investigation into the role of the South African Police Services.

*the right to return for all the victims of the attack, including the Kennedy Road Development Committee and all its sub-committees. This right must be backed up with high level protection for the security of all the residents of the settlement.

*full compensation for everyone who lost their homes, possessions and livelihoods in the attack.

*We demand a full and public apology by Willies Mchunu for the attack and its subsequent handling.

*We demand the immediate release of those members of the Kennedy 13 who are still being held in detention.

*We need an immediate steps be taken to ensure that Willies Mchunu, Nigel Gumede and Yakoob Baig are not allowed to interfere in any police or judicial processes resulting from the attack.

*An end to the new politic of just acknowledging receipt of our demands without any conscious and action.

For too long our communities have been ravaged by the cruelest forms of poverty. Therefore we demand the creation of well-paying and dignified jobs.

For too long the right to education has been reserved for the rich. Therefore we demand free education for the poor.

For too long we have not been safe from criminals and violence. We are especially concerned about the lack of safety for women in our communities. Therefore we demand immediate practical action to secure the safety of everyone and, in particular, the safety of women.

For too long the poor have been turned against the poor. Therefore we demand an immediate end to all forms of discrimination against isiXhosa speaking people (amamPondo) and people born in other countries.

For too long the legal system has been biased against the poor. Therefore we demand serious practical action to ensure that access to justice is no longer distorted by access to money.

For too long the councillor system has been used to control the people from above and to stifle their voices. Therefore we demand the immediate recognition of the right of all people to, if they so wish, organise themselves outside of party structures.

Furthermore, just as people from around the city, the province and the country are uniting in support of our struggle we express our support for our comrades elsewhere. We have stood with, and will continue to stand with our comrades in Wentworth, our comrades in the Poor People’s Alliance and struggling communities and movements across the country. We thank everyone who has demonstrated solidarity with our struggle including church leaders, students and our comrades in other countries. We will do our best to offer the same support to your struggles.

Finally, we demand that the office of the presidency come and meet with us at our offices so that a solution can be found within seven days. We note that seven days is long enough as this Memorandum is now being sent to you for the third time this year since the 22 March 2010 and on the 16 June 2010. And on both occasions Adv. Cyril Xaba from the office of the Premier has been receiving these Memo without conscious.

Handed over by:______________________ on __________________ at ____________
Signature:_________________________
Received by:________________________
Signature:___________________________

TO FOLLOW UP PLEASE CONTACT: Miss Bandile Mdlalose at 031- 3046420 or Miss Fikile Manqele at 084 980 7434.

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Abahlali baseMjondolo Women’s League to March on 27 August 2010

Wednesday, 25 August 2010
Abahlali baseMjondolo Women’s League Press Statement

Abahlali baseMjondolo Women’s League to March on 27 August 2010

In commemoration of National Women’s Day on the 9 August 2010 Abahlali Women held a mass prayer to unite ourselves and to build our strength for the next phase of our struggle. In our discussions on that day it was noted that the mainstream media only gives platforms to privileged women in senior positions to discuss women’s issues and that nothing is said about poor women in shacks. We are supposed to remain silent while those who benefit from the system are the only ones to discuss its strengths and weaknesses. This is unacceptable to us.

We also felt that it was not enough just to pray for change but that we also need to take action to hold government accountable for our continued oppression under this democracy.

It was therefore proposed and agreed to that the women themselves will organise and lead a protest march to voice our concerns about our plight and the demands that we are making to the government. We felt that it was necessary to take this action now as August is Women’s Month.

It was also noted that after numerous protest marches held by Abahlali that no results were forthcoming from Government. Therefore we have some of the same demands as we have expressed in previous marches.

Our main demand for this march is for the full restoration of the full dignity of all poor women in South Africa.

We also have the following demands that can give life to our main demand:

• An immediate end to all evictions. We note that while everyone suffers in an eviction women are the main victims.
• An immediate agreement to provide basic services to all shack settlements including enough water, electricity, toilets, refuse collection and lighting. In the meantime there must be an immediate end to all disconnections of community organised electricity and water connections.
• An immediate agreement to upgrade all shack settlements where they are and to negotiate any moves when upgrades are not possible.
• An immediate end to amathini [transit camps] as they undermine families, our safety and our dignity.
• Serious action to end all kinds of women abuse ranging from rape to domestic violence. This means that there must be fair and respectful policing, proper lighting and safe transport for the poor. An end to biasness of the law and women exclusion.

We are aware that for these demands to be met the government will have to ensure that:

• A law is passed that will ensure that the social value of urban land is put before its commercial value. There should be no more shopping malls, office parks and golf courses until everyone has a decent house. People have to count more than money.
• Serious action must be taken to end the biasness of the law towards the rich and the powerful. Poor people in general and poor women in particular must have the same right as anyone to use the law and the courts. Access to justice must be free.

The final demands will be made at settlement level by collective means.

Abahlali Women also note that Eskom has dedicated this week as the Electricity Safety Awareness Week. Part of their campaign is to get rid of all self organised connections of electricity. But no one is asking as to why the homes of the poor are not electrified in the first place. Eskom, like Durban Electricity, does not ask as to why poor women in Kennedy Road, Siyanda, eMagwaveni, Umlazi etc must weep all the times after shack fires that destroy their homes and often kill people. If the government will not electrify our homes then we will electrify them ourselves. We will not back down on this.

The March will take place on 27th August 2010 at 08:00-15:00. It will start at Botha’s Park and proceed to the City Hall.

For more information and comment please contact:

Bandile Mdlalose: 031 304 6420 begin_of_the_skype_highlighting              031 304 6420      end_of_the_skype_highlighting & 074 730 8120
Fikile Manqele: 084 980 7434
Zandile Nsibande: 074 519 6751

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The Difference that Place Makes: The Economic Implications of Moving from an Informal Settlement to a Transit Camp

The Difference that Place Makes: Some Brief Notes on the Economic Implications of Moving from an Informal Settlement to a Transit Camp

Mark Hunter, Dept. Geography, University of Toronto, mhunter@utsc.utoronto.ca. August, 2010.

This document is a very brief case study exploring the economic implications of a small informal settlement’s relocation from King’s Rest, a place close to a railway station, dock, a relatively wealthy suburb at Durban’s Bluff, to a large transit camp near Orient Hills in Isipingo.

On the face of it the move should not have adversely affected the community: Isipingo is an industrial area of Durban and not a rural peripheral location—the site of many new RDP housing settlements. Moreover, on paper, the transit camp offers a healthier environment: communal toilets and water are provided and the housing structures are formally built.

However, with striking unanimity community members tell how their economic livelihoods have been undermined by this move; how their sense of autonomy has been disrupted; and how housing, sanitation, and water provisions–despite being “formal”–are, on the whole, worse.

Click here to read this document in pdf.

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The Work of Violence: a timeline of armed attacks at Kennedy Road

Click here to read this research report in German.

http://sds.ukzn.ac.za/default.php?3,6,684,4,0

The Work of Violence:a timeline of armed attacks at Kennedy Road
School of Development Studies Research Report, 83, July 2010.

by Kerry Chance

On 26 September 2009, violent attacks by an armed group left two men dead and an estimated thousand displaced at the Kennedy Road shack settlement in the South African city of Durban. This timeline, centered on the night the attacks began to unfold, and upon the Community Hall, proposes three meaningful dimensions: (1) the mobilization of political party affiliation and the specter of an ethnic-other tied to material relations, especially employment and state resources; (2) new modes of policing in an ensuing social drama over a state-backed crackdown on criminal gangs and shebeens; (3) contested claims to political sovereignty articulated through election-time “development” projects. In proposing these three dimensions, this timeline, amid happenings of that day, sketches in broad strokes, shifts in relevant interactions between Abahlali baseMjondolo, a poor peoples’ social movement, and officials, between 2008 and 2009, at the local, municipal, and provincial level. These dimensions, entailing both articulations during the attacks by armed men, as well as post-facto in public statements by officials, coalesced to displace members of Abahlali from their homes and national headquarters in the Kennedy Road settlement.

Click here to download this report in pdf.

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Abahlali baseMjondolo Women’s League Holds Mass Prayer on National Women’s Day

10 August 2010
Abahlali baseMjondolo Movement in S.A Women’s League Press Statement

Abahlali baseMjondolo Women’s League Holds Mass Prayer on National Women’s Day
Our Oppressors Have Struck a Multitude of Rocks

As part of its annual women’s day celebration the Abahlali women’s body decided to hold a mass prayer at the St Paul’s Cathedral in Durban central on National Women’s Day. In opening the mass prayer ceremonial candles were lit as a symbol of our invitation to the Holy Spirit and the spirits of our ancestors to bring us strength, courage, unity and solidarity with all the women of South Africa, but especially with those who continue to suffer attacks on their human dignity in a democratic South Africa.

Abahlali women acknowledge that women and children are the most vulnerable group in our society; they are vulnerable in their homes, in their neighbourhoods, streets, and workplaces, even in their organisations. They are vulnerable wherever they find themselves. Women are the first hand victims when it comes to eviction. As it happened before in our history evicted women become the victims of rape and crime as well as exclusion. They are left without choices of their own.

But Abahlali women also acknowledge the courage and strength of women. Women are holding families, communities, organisations and movements together across the country. Fortunately enough the majority in our movement are women and they hold a 60% majority both in membership in general and leadership. The very same women are homeless, unemployed and often household heads and single parents. Yet they still have to play a leadership role in our movement.

Abahlali believe that a movement without a women’s structure is like a non existing movement.

The Abahlali women’s league decided to hold a prayer instead of holding another rally or march for the reasons that all these kinds of efforts to secure land and housing in our cities and rural homes remain unattended to by the authorities. Women remain exposed to shack fires, living on flood plains and without basic services. Women in farm and rural communities remain in the brutal hands of farm owners. They remain living an undignified life because they have not earned the respect of the authorities and the general public. They do not count in this country.

Despite remaining in the forefront of every march and protest our demands have fallen on deaf ears. We therefore decided to retreat from the streets in order to strengthen ourselves for the big struggles that lie ahead. As part of our way forward we as Abahlali women have vowed to hold a women’s protest march to intensifying our struggle against the non-delivery of services, the continuing commodification of land, the law and decent housing, the failure to treat the women with respect and dignity and the failure of the state to address all issues affecting women with urgency.

For women to be successful in this struggle a call was made for unity, for education and awareness campaigns, for tolerance and for more work to build solidarity amongst women. As Abahlali women we are committed to provide leadership at all levels in our movement.

Women’s day is held every year to celebrate the 20 000 women that marched on the Union Buildings in 1956 chanting “Wathint’ Abafazi, wathint’ imbokodo!” That march was in protest at the pass laws that tried to exclude black women from their right to the city. The struggle for the right to the city continues today. We defeated the Slums Act. But we still have to defeat the transit camps, the tiny leaking RDP houses in the human dumping grounds, the fires and the lack of basic services in the settlements. We still have to defeat the priority that is given to the financial value of urban land over its social value. We still have to defeat the priority that is given to projects for the rich, like stadiums, over the much more urgent need for decent housing for the poor.

The women’s march on the Union Buildings was one step in the struggle for justice. We celebrate it but we also recognise that it is the responsibility of our generation to take the next steps. We also celebrate the neglected history of struggle by poor women. We celebrate the long history of brave struggles of poor women in Durban like the protests against the beerhalls in 1929 and the protests against beerhalls and evictions from Cato Manor in 1959. Our mothers and grandmothers have a rich history of struggle which we and our daughters and granddaughters must now take forward. Our struggle will continue until every women is safe, free, respected and able to have her fair share of the land and wealth of this world where ever she may find herself.

We send our greetings to our comrades in the Poor People’s Alliance and to struggling communities and movements everywhere. To our oppressors, all those who want to keep us in our place – and locked out of the cities, the economy and the political discussions and decision making – we affirm that our spirits will not be broken. You have struck a multitude of rocks.

Halala Izimbokodo!
Malibongwe Igama Lamakhosikazi!
Wathint’ Abafazi, wathint’ imbokodo!

For further information and comment please contact: Mrs Mdlalose 073 501 4200, Ms Mkhize 073 730 9648, Ms Zungu 078 402 4382

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Another Devastating Shack Fire in the Kennedy Road Settlement

Click here to read ‘A Big Devil in the Jondolos: A report on Shack Fires’ by Matt Birkinshaw (2008).

Press Release: 10 August 2010.
Another Devastating Shack Fire in the Kennedy Road Settlement

If electricity, water and adequate housing were provided in the Kennedy Road shack settlement these recurring shack fires could have been prevented.

The Kennedy Road shack settlement burnt once again at about 10 pm on Sunday, 08 August 2010 – two hours before women’s day. As of today thousands of residents in Kennedy are homeless in this cold winter weather. If the municipality had given them houses or provided them with basic services, such as electricity, refuse collection, road access and water they would have been safe from fire. Fire is a serious threat to our lives. It is an undeniable fact that electricity is not needed by us but that our lives’ need electricity. In settlements that have electricity it is so unlikely to have fires of this nature as it is happening again and again in Kennedy.

When the state refuses to provide the poor with electricity and then violently disconnects us from electricity when we connect ourselves it is sentencing us to burn. These fires are not accidents. They are our sentence. No amount of regular lying that the cause of the fires is self organised electricity connections can disguise the fact that we burn because it has been decided to deny us electricity. This is the reason why Kennedy Road burns again and again. The poor in Durban have been abandoned to fire, left to burn, because we do not count in this city.

This is the time to practise what the officials and ministers preached when they came to the Kennedy Road settlement during the last shack fire that claimed four lives.

Women in Kennedy Road spent Women’s Day rebuilding their shacks while the rest of the women were celebrating the women’s day. This shows, very clearly, the truth of the position of the poor in South Africa. Rich women talk about how far women have come on TV while poor women try and build a new shack from other people’s rubbish and the burnt and reburnt remains of an old shack.

How long will the people continue to die or to have their belonging burned down to ashes, before the authorities respond to our suffering? Abahlali condemns the continued brutality of shack fires. Abahlali calls upon Mhlonishwa Willies Mchunu, the Minister of Community Safety & Liaison Office in KZN, to investigate the causes of the shack fire that is believed by some to have been caused by the conduct of the leadership that was imposed by him upon the community of Kennedy Road settlement in September 2009. We call upon Nigel Gumede, who is the chairperson of the Housing Portfolio Committee in the eThekwini Municipality, to also keep the promise that he made, and that is on record, to house the community of the Kennedy Road settlement by February 2010.

We call upon the municipality to extend its support to the victims of this fire. This fire is caused by their neglect of the poor and they must take full responsibility for the victims. They chose to build a stadium instead of building us houses or providing us with electricity. A long as the authorities such as Nigel Gumede continue to lie in the manner that they do people will continue to suffer and the city will continue to waste rate payer’s money to rebuild shacks or temporary homes instead of permanent ones.

For more information and comment please contact:

Mnikelo Ndabankulu: 079 745 0653
Nozuko Hulushe: 082 259 5492
Bandile Mdlalose: 074 7308120

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Social Justice Organisations denounce the arrest of Sunday Times journalist, Mzilikazi wa Afrika

Social Justice Organisations denounce the arrest of Sunday Times journalist, Mzilikazi wa Afrika

A free press is essential to democracy, transparency and the attainment of equality

6 August 2010

We are organisations that campaign for social justice. The success of our work is dependent on respect for the Constitution, especially the Bill of Rights. The right to free expression and freedom of the press and other media are essential components of democracy. That is why they are contained in the Bill of Rights. They are one of the essential means by which all people in South Africa, especially the vulnerable, exploited and poor, can hold government and the powerful private business sector to account.

This week Mzilikazi wa Afrika, a Sunday Times journalist, was arrested in Rosebank Johannesburg. The circumstances, manner and cause of his arrest all seem to point to intimidation by the state and attempts to suppress freedom of expression.

The arrest follows the exposure by the Sunday Times of questionable dealings by the National Police Commissioner, Bheki Cele. It comes during a national debate over proposed legislation to curtail press freedom, i.e. proposals for a new Protection of Information Act, changes to the Criminal Procedure Act and the ANC’s proposals to establish a media tribunal.

We therefore unequivocally condemn the arrest of wa Afrika.

The media in South Africa, as anywhere else in the world, is very powerful and influential. We are not blind to its many shortcomings. The quality of journalism in South Africa is often mediocre. Newspapers, magazines and television sometimes make serious errors, permit unethical advertising and sometimes make false charges against individuals.

We are concerned that the main media houses are overly concentrated in the hands of a few large corporations and consequently primarily represent the interests of a relatively small affluent portion of the population, thereby paying insufficient attention to the interests of poor and working class people.

There is undoubtedly a need for a better, more equal and more socially responsible media. There is a need for an informed public debate about the media, which the media should listen to. There is a need to democratise the media. There is a need for civil society oversight of the SABC to ensure that it is truly a public and politically independent broadcaster. There is a need to re-examine the institutions that are meant to govern the media and protect people from it abusing its power. There is a need to strengthen and enforce media ethics and to examine how this can be done.

But having said all this we restate that the non-negotiable starting point for this discussion is agreement that a free press plays a critical role in holding government, the private sector and their media competitors to account. Draconian anti-media legislation will make this impossible.

Over recent years there have been many occasions when serious media investigation and publication has helped to root out corruption and, expose wrongdoing and unethical conduct. This is vital to the reconstruction of SA. Thus the exposure and ultimate conviction of corrupt former Police Commissioner, Jackie Selebi, was a direct result of investigative work by the Mail & Guardian and others. Thabo Mbeki’s deadly AIDS denialism was justifiably the source of media condemnation. The media’s role in highlighting campaigns for social justice is also critical, for example the shortage of school libraries, the rollout of an unsafe circumcision device in Kwazulu-Natal, the failure to provide private toilets in parts of Khayelitsha, the harassment faced by sex workers and hate crimes against foreigners, women and gays and lesbians.

Unfortunately, we believe the crackdown on the media being encouraged by parts of government, some in the ANC and probably influential ‘tenderpreneurs’ and predatory elites is not aimed at improving the quality and responsibility of the media, or making it more equal. Instead it is aimed at hiding corruption, frustrating accountability and covering up service delivery failure. These are problems that now permeate every level of government; at national level, in all nine provinces and in most districts.

The Constitution was won by the sweat and blood of people who opposed and defeated apartheid censorship and repression. A brave, even if unfree, media played a part in this. We therefore wish to issue a warning to the Cabinet and all those groups and individuals that we will campaign against all attempts to undermine press freedom and the Constitution. We are committed to equality, social justice and honest government. We will defend the Bill of Rights. We will not be intimidated and we will not stand by and let the erosion of our fundamental freedoms happen.

Released by (in alphabetical order): Abahlali baseMjondolo, AIDC, Anti Privatisation Forum, Equal Education, Landless People’s Movement, Lesbian and Gay Equality Project (LGEP), Rural Network, Social Justice Coalition, SECTION27, Students for Law and Social Justice, SWEAT, Treatment Action Campaign, Unemployed People’s Movement, Western Cape Anti-Eviction Campaign.

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Another life has been claimed by the farm watch in eMasangweni at the farm owned by Mr. Channel of eNkwalini (Eshowe)

Click here to read this article in Italian.

Another life has been claimed by the farm watch in eMasangweni at the farm owned by Mr. Channel of eNkwalini(Eshowe)

On the 23 July 2010 Mr. Patrick Mpanza was shot dead by the farm watch that is responsible for the farm of Mr. Channel. This incident happened while he was walking with his four kids, whom are all girls. According to the child that is the eye witness the farm watch told them to lie down on the ground, two of the four kids ran away while the other one was left with the father on the ground; however the father refused to lie down. By so doing the farm watch then shot him on the forehead.

The child that was left with the father asked the father if he was hurt, and the father replied by saying yes I am hurt. The child asked where you are hurt. That was the last words from the father, he couldn’t even reply to the child's question. Later the child realized that the father had passed away.

Two of the three children were taken by the farm watches somewhere, away from the scene until the SAPS came and find them there. These two children who witnessed the shooting of their father were found by the SAPS with the farm watches. What is amazing is that the one of the two children who remained with their father while he was shot at so the farm watch that shot her dad is now injured at the back of his head. The farm watch claimed to the SAPS that he was injured by the deceased, which raised some questions of how can a person with a gun be able to be injured by a person who is already dead.

This is just an one of many cases where by either the farm owner or his farm watch will kill or even torture the farm dwellers and get away with it without being arrested or sentenced for their doings. Some of the cases that are similar to this incident where by the very same farm watched shot and killed two students from the very same Mpanza family in 2006. This case has been delayed from 2006 until today. This has led to the formation of the alliance of the social movements within KwaZulu Natal to intervene on this delayed case, such as Abahlali baseMjondolo, Rural Network, Regional SACP. The next court appearance for the first Mpanza whose teenagers were killed will be on the 30 July 2010 at Eshowe Court. All media are welcome.

We are sick and tired of the brutal killing by the farm watches as well as the farm owners to the community and get away with cruelty. We again asked the intervention of the Minister of Land affairs Ms Lydia Johnson and Minister of Safety and Security Willies Mchunu to find an immediate end to this killing of the innocent people on their own land. The feelings of the community members are that the farm owners have decided to declare the war against community using the farm watch. As the leaders we are very concern that this may lead to turmoil, whereby there will be a fight between the community and farm watch.

For more information please contact:

Mr. Mbhekiseni Mavuso on 072- 279-2634 (Rural Network S.A.)
Mr. Mduduzi Sibisi on 073-387-9265 (Rural Network, Chairperson of Emasangweni)
Ms. Zodwa Nsibande on 031-304 6420 (Abahlali baseMjondolo Movement)

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Serving our Life Sentence in the Shacks

This article has now been translated into Spanish, Italian, French and Russian.

Friday, 16 July 2010
Serving our Life Sentence in the Shacks

People all over South Africa have been asking the leaders of Abahlali baseMjondolo as to why the government continues to ignore the demands of the shack dwellers. They have been asking why after all the marches, statements, reports and meetings the Kennedy Road settlement continues to get burnt down through the endless shack fires. They have been referring in particular to the recent Kennedy Road shack fire on Sunday, 4 July 2010 that took four lives, leaving more than three thousand people displaced and homeless.

Without much more words to explain this continuous tragedy we have replied that in fact the shack dwellers of South Africa are serving a life sentence. Everybody knows that we are the people who do not count in this society. But the truth that must be faced up to is that we have been sentenced to permanent exclusion from this society.

Over the years it has been made clear that the cities are not for us, that the good schools are not for us and that even the most basic human needs like toilets, electricity, safety from fire and safety from crime are not to be met for us. When we ask for these things we are presented as being unreasonable, too demanding and even as a threat to society. If we were considered as people that did count, as an equal part of society, then it would be obvious that the real threat to our society is that we have to live in mud and fire without toilets, without electricity, without enough taps and without dignity.

Waiting for ‘delivery’ will not liberate us from our life sentence. Sometimes ‘delivery’ does not come. When ‘delivery’ does come it often makes things worse by forcing us into government shacks that are worse than the shacks that we have built ourselves and which are in human dumping grounds far outside of the cities.’Delivery’ can be a way of formalising our exclusion from society.

But we have not only been sentenced to permanent physical exclusion from society and its cities, schools, electricity, refuse removal and sewerage systems. Our life sentence has also removed us from the discussions that take place in society. Everyone knows about the repression that we have faced from the state and now, also, from the ruling party. Everyone knows about the years of arrests and beatings that we suffered at the hands of the police and then the attack on our movement in the Kennedy Road settlement.

We have always said that in the eyes of the state and the ruling party our real crime was that we organised and mobilised the poor outside of their control. We have thought for ourselves, discussed all the important issues for ourselves and taken decisions for ourselves on all the important issues that affect us. We have demanded that the state includes us in society and gives us what we need to have for a dignified and safe life. We have also done what we can to make our communities better places for human beings. We have run crèches, organised clean up campaigns, connected people to water and to electricity, tried to make our communities safe and worked very hard to unite people across all divisions. We have faced many challenges but we have always worked to ensure that in all of this work we treat one another with respect and dignity.

The self-organisation of the poor by the poor and for the poor has meant that all of those who were meant to do the thinking, the discussing and to take decisions on our behalf – for us but without us – no longer have a job. Our decision to build our own future may therefore not be an easy one to accept for those who can no longer continue to take decisions and to speak for us but without us. Some of the people who have refused to accept our demand that those who say that they are for the poor should struggle with and not on behalf of the poor are in the state. Some are in the party. Some are in that part of the left, often in the universities and NGOs, that sees itself as a more progressive elite than those in the party and the state and which aims to take their place in the name of our suffering and struggles.

We call this left a regressive left. For us any leftism outside of the state that, just like the ruling party, wants followers and not comrades and which is determined to ruin any politics that it cannot rule is deeply regressive. We have always and will always resist its attempts to buy our loyalty just as we have always and will always resist all attempts by the state and the ruling party to buy our loyalty. We will also resist all attempts to intimidate us into giving up our autonomy. We will always defend our comrades when they are attacked. Our movement will always be owned by its members. We negotiate on many issues. Where we have to make compromises to go forward we sometimes do so. But on this issue there will never be any negotiation.

We have done a lot for ourselves and by ourselves. But for a long time what we could not succeed in doing for ourselves was to secure good land and decent housing in our cities. We stopped the evictions and we were no longer going backwards but it was a real struggle to go forwards. But we kept pushing and made some small advances here and there. This really offended the authorities in the party. This became very clear and evident when the provincial government of KwaZulu-Natal passed the notorious Slums Act, meaning that the shack dwellers would never again have any place in our cities. Our successful challenge to the Slums Act in the Highest Court in the land was a great setback for the government’s plan to formalise our life sentence by eradicating our settlements and putting us in the human dumping grounds. The deal that we negotiated with the eThekwini Municipality to upgrade two settlements and to provide basic services to fourteen settlements was another setback to the eradication agenda of the politicians. The recent announcement by the eThekwini Municipality that they will accede to our demand to provide services including, for the first time since 2001, electricity to settlements across the city is another victory of our struggle and another major setback to the eradication agenda. We are slowly but surely defeating the eradication agenda.

As South Africa was hosting the World Cup Abahlali warned that it will not benefit the poorest of the poor in our land. We warned that it would make the poor, poorer and more vulnerable. Leading up to the World Cup there were more evictions and pending court cases in different parts of the country. Poor street traders had their belongings confiscated as they had no permits to sell in restricted zones and the taxi industry suffered the impoundment of their taxis. Stopping the rush to celebrate the World Cup by raising all these questions and condemning these attacks on the poor as immoral and illegitimate has been a slap on the authorities’ faces. Although the fact is that all these huge soccer stadiums, hotels and other projects were built by the poor of the poorest they remained outside their benefit. The South African government has overspent its budget in building a ‘world class country’ and could not match and balance such expenditure with social needs such housing and the provision of the most basic services. The amount that has been spent for the World Cup could have built at least one millions homes for the poor. Although we acknowledge the efforts that have been put into this event we still feel that such effort could have been used to bring basic services and infrastructure to the poor. If that had been the case then the shack dwellers would not have been affected by these ongoing fires every time.

The truth about the attack on our movement has always been firm and not changing at any stage. We cannot make public comment on matters that are sub judice but our demand for an independent commission of inquiry that will bring the whole story into the light remains unchanged. The Kennedy 5, part of those who are already serving their life sentence in and out of the jails, have now been released from Westville prison. They had already been serving ten months of their punishment without any evidence of guilt being brought to the court and without the court saying anything about their illegal detention. The South African Constitution says there shall be no detention without trial and that a person cannot be detained for more than 24 hours without a proper bail hearing. The fact that, up until the release of the Kennedy 5, this trial was being conducted as a political trial outside of the rule of law even though it was taking place in a court of law tells us something very important about the position of the poor in post apartheid South Africa. Those who have handed a life sentence down to us always want to exclude us from fair and equal access to the courts and the rule of law. When they fail to achieve this through the commodification of the legal system they are willing to actively undermine the system from above.

The movement insists that the people shall govern; this is what the famous Freedom Charter says. Abahlali holds on to that. The strength and the autonomy of the movement compels us all to strive for a just world, a world that is free, a world that is fair and a world that looks after all its creations. We remain convinced that the land and the wealth of this world must be shared fairly and equally. We remain convinced that every person in this world has the same right to contribute to all discussions and decision making about their own future. For us all to succeed we have to be humble but firm in what we believe is right. We have to resist all our jailers, be they in the state, the party or the regressive left, and to take our place as equals in all the discussions.

We also know that the South African government still wants to look good in the eyes of the international communities and that they fear disgrace and shame. They want to show the world Soccer City but hide eTwatwa, Blikkiesdorp, Westville Prison, the red ants and the shack fires all around the country. We wish to thank all the international activists and organisations who have raised their concern against the repression that we have faced, including those that have organised protests against the South African diplomats in their respective countries.

We hope South Africa will become one of the world’s caring countries. We hope that one day our society will be an inspiration rather than a shock to you. As Abahlali we have committed ourselves to achieving this goal. But right now we are serving a life sentence and fighting all those who are trying to keep us imprisoned in our poverty, all those who demand that we know our place – our place in the cities and our place in the discussions. We have recognised our own humanity and the power of our struggle to force the full recognition of our humanity. Therefore we remain determined to continue to refuse to know our place.

Compiled by Zodwa Nsibande and S’bu Zikode
-Abahlali baseMjondolo Movement SA.

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Why a full and independent enquiry remains vital

Click here to read this article in Italian.

Statement from Bishop Rubin Phillip
21 July 2010
Why a full and independent enquiry remains vital

Over the past months we have continued to receive strong support for our intention to convene an independent Commission of Enquiry into the awful violence that was visited on the shack settlement of Kennedy Road in September 2009. Only such an enquiry will really help us all sift truth from lies, and establish a full picture of the events and their ongoing aftermath, as well as the full context and implications of what has happened. From community organisations and senior church leadership in this country, to community-based organisations in London and justice groups in congregations in Scotland, to senior international figures in the churches and the human rights scene, we have been moved and encouraged by their commitment to and active interest in finding the truth. These developments, together with the extraordinary support and wise counsel of many we are working with on the matter, keep us resolute and confident. Confident not only that the Commission process will happen but that when it does, it will deliver an outcome of unquestionable integrity. The necessary groundwork to facilitate the Commission’s work is under way.

Those of us who have followed the events closely and with a genuine concern for truth and justice know of course that there is a related court process unfolding. We have repeatedly and publicly expressed our deep alarm at the narrow and selective focus of that case, the blatant party political overtones, as well as the flagrant breaches of fair process in its conduct thus far. Nonetheless we have been careful not to infringe either the legal rights of the accused in the matter nor the necessary protections that apply to a matter that is sub judice. For the same reason, it is clear that no Commission can begin hearing and evaluating evidence until that case finally comes to a conclusion.

Regrettably in this interregnum some, whose objective is to undermine and attack the shack-dwellers’ movement, Abahlali baseMjondolo, show no respect for these niceties and have indeed abused them to advance their own destructive agenda. Heinrich Bohmke’s attack on our good friend and world-renowned historian Jeff Guy in an article carried by the Sunday Tribune (18th July 2010,) is one recent example. That newspaper article draws on a longer piece that Bohmke has written – and had widely circulated – where I too come under sustained and dishonest attack. We have had meetings with counsel as well as the leadership of Abahlali baseMjondolo about the matter. We have considered the attacks from Bohmke and rejected them. It would be incorrect to engage in contesting the specifics. Firstly, key elements of the matter are sub judice. Secondly, Bohmke’s intention has nothing to do with genuinely seeking truth and justice and we find no common ground with him in these tasks. Finally, the findings of a full and independent enquiry will provide us all with a sound basis of knowledge and truth.

We would like to conclude by reminding everyone that it was Abahlali baseMjondolo that first called for the full and independent commission of enquiry into these attacks. They said such an enquiry should: “in the interests of justice and truth, carefully and fairly investigate the actions of everyone, including the local and provincial ANC, the police, the intelligence services, the prosecutors, the courts and our movement, its various sub-committees and our supporters”.

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The Kennedy 12 Case Postponed – the Jailed Comrades to be Released

Monday, 12 July 2010
Abahlali baseMjondolo Press Statement

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

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The Kennedy 12 Go To Trial Today

12 July 2010
Abahlali baseMjondolo Press Statement (Prepared at the All Night Vigil for the Kennedy 12)

The Kennedy 12 Go To Trial Today

Abahlali baseMjondolo will be at court in our numbers to support to the Kennedy 12 when their trial begins today, at 9 o’clock on Monday 12 July, in the Durban High Court.

On the 26th of September 2009 a group of forty armed men massed in the Kennedy Road shack settlement, chanted ANC and ethnic slogans and launched an attack on the elected leaders of the Kennedy Road Development Committee (KRDC), Abahlali baseMjondolo, their families, their comrades and all those who have associated themselves with our movement. They also declared their intention to drive Mphondo people from the settlement. They made it quite clear that their intention was to kill a number of named people including S’bu Zikode.

It was a well planned and violent attack. Intelligence personnel were present in the settlement when the attack was launched. All of the many calls to the police for help were ignored. People fled and people defended themselves as best they could. When the sun came up two people were dead, many more were injured and thousands were displaced. When the police did come to the settlement the attack continued in their presence. The leadership of the KRDC and Abahali baseMjondolo were forced out of the settlement and their homes looted and destroyed.

The ANC leadership in KwaZulu-Natal publicly endorsed the attack on our movement. The MEC for Community Safety and Liaison Willies Mchunu said that the settlement had been ‘liberated’ and that a decision had been taken to ‘disband’ our elected structures. eThekwini Housing Committee Chairperson Nigel Gumede celebrated the attack at a press conference held in the settlement and told the media that the Kennedy Road community was the only shack community that had taken the government to the court. He also said that S’bu Zikode had been running his own authority. And he said that S’bu Zikode had gone against the State President when the President had said that shacks would have to be eradicated by 2014. Gumede said that ‘people will have to be jailed’ for development to go ahead. In fact we had, after four years of struggle and more than a year of negotiation, signed an MOU with the Municipality for the participatory in-situ upgrade of the settlement. They way in which Gumede spoke made it seem that S’bu Zikode was the major threat to the development of shack settlements. He spoke as if S’bu Zikode was a person to be killed.

When Gumede referred to Abahlali baseMjondolo taking the government to court he was referring to our case against the notorious Slums Act in the Constitutional Court. Ten days later we won our case against the Slums Act and the attacks on our movement continued. More homes were demolished and the General Secretary of our Youth League had to flee her home, outside of the settlement, after she was publicly threatened with death when she commented on the judgment on the TV news.

After the attack senior ANC politicians moved quickly to impose an unelected ANC leadership on the settlement. Since then the settlement has never been stable. People have continued to be murdered and to be burnt to death in shack fires. There has been extreme party political corruption in access to grants and to the relief offered after the shack fire. Everything that had been built up by the movement, from the crèche, to the library, safe electricity connections, the community kitchen and organised care for the sick and was destroyed.

Abahlali baseMjondolo wishes to make it clear to the media and to all progressive individuals, organisations and movements in South Africa and around the world that the police investigation into the attack, and the judicial process that has followed it, has been blatantly political. It has not been aimed at finding the truth or achieving justice. It has had one aim and that aim has been to destabilise our movement and to give the ANC the freedom to continue to their criminal attack on our movement. The attackers have never been arrested. No one has been arrested for the demolition, burning and looting of our homes. The Kennedy 12 are among those whose homes were destroyed and possessions looted. No one has been arrested for all the public threats of death that were made against us. No one has been arrested for the banning of our movement from the settlement on the pain of death.

The whole process leading up to this trial has been blatantly political and therefore blatantly corrupt. This is one reason why we issued the call for an independent commission of inquiry that will, in the interests of justice and truth, carefully and fairly investigate the actions of everyone, including the local and provincial ANC, the police, the intelligence services, the prosecutors, the courts and our movement, its various sub-committees and our supporters.

Abahlali baseMjondolo wish to express our deepest gratitude to all our comrades in South Africa, including, especially, our comrades in the Poor People’s Alliance and the church leaders who have stood with us, for their solidarity. We also wish to express the same gratitude to our comrades in Russia, Italy, Germany, England, Turkey, the Philippines, the USA and elsewhere who have written letters of protest to our government and organised protests at the embassies of our government around the world. All of these different people and groups have insisted that there must be a fair investigation into all aspects of the attack (including the initial attack, the looting and demolition of our homes and the violent and police supported expulsion and banning of our movement from the settlement) and that the South African government must conform to its own laws, to international laws and to the basic principles of democracy and fairness in their response to the attack and its ongoing consequences.

In recent days the state has requested an adjournment of the trial. They have consistently used invented delays to distort the judicial process and to keep the Kennedy 12 in jail and to delay their access to bail. They have had ten months to prepare their case and if they are still requesting adjournments at this late stage it is clear to us that they have no case. We have instructed our lawyers to refuse this request for adjournment.

We are not alone in facing repression. All of the poor people’s movements in South Africa have faced harassment from the police over the years. But the form of repression where a movement is attacked by armed civilians mobilised on an ethnic basis and backed by the police instead of being attacked by the police directly is a new form of repression. It is very similar to the way in which the apartheid state tried to undermine the UDF in the 1980s. Recently the Landless People’s Movement has also been under a very similar form of attack in Johannesburg. We continue to seek support from everyone who believes in justice and in the right of the poor to organise ourselves for ourselves. We continue to reject all forms of ethnic politics and to insist on our right to build a politics of and for the poor, and of and for all of the poor, from the ground up.

Abahlali baseMjondolo has become the hope and home of so many in the world. Therefore Abahlali baseMjondolo vows that it will do all that it can to protect and to fight for the advancement of the interests of the shack dwellers and the poor in South Africa and, when we can, to support the struggles of our comrades around the world.

We know very well that in the eyes of the state our real sin has been that we have been operating outside of state control. This is why we were attacked. The ANC refuses to accept the political autonomy of the poor. But everyone can see that the state has failed the poor in South Africa and so we will continue to organise outside of its control and its logic. We will continue to encourage the poor to organise themselves for themselves. Our lives and the lives of our children are at stake. We cannot back down.

Aluta Continua.

For comment 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

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Justice on Trial

Justice on Trial
A statement at the commencement of the trial of the Kennedy 12

11 July 2010

In September 2009 attacks took place in the Kennedy Road settlement against the leadership of the shack-dwellers’ movement, Abahlali baseMjondolo. Those attacks shook our society, and led some to observe that our hard won democracy was under attack. As the trial finally commences on Monday 12 July 2010 against those whom the state has chosen to prosecute in relation to the attacks, we remain deeply dismayed and critical of the fact that no-one has been arrested and charged:

• for launching the attack in the first place;
• for systematically destroying the homes of leaders and members of, Abahlali baseMjondolo, within the Kennedy Road settlement during and after attacks;
• for issuing death threats against leaders and members of Abahlali baseMjondolo;
• for harassment and intimidation of leaders and members of Abahlali baseMjondolo.

Our concerns about the attack in September 2009, and the events that have followed since then – as well as our support for the broader movement of Abahlali baseMjondolo – are matters of public record:

• Immediately after the attack, we issued a statement saying, inter alia: “The militia that have driven the Abahlali baseMjondolo leaders and hundreds of families out of the settlement is a profound disgrace to our democracy. The fact that the police have systematically failed to act against this militia while instead arresting the victims of their violence and destruction is cause for the gravest concern. … [M]y condolences go out to all those who have lost people whom they love and on whom they depend. It seems that some among the militia that launched the attack on the elected leadership of the settlement may also be among the dead. If, as may well be the case, the militia has been exploited by local elites determined to roll back the development of a vibrant popular democracy, then we will pray for their own healing and for a turn away from violence and lies and towards life and truth”.

• Ignoring repeated calls for a comprehensive investigation, the state justice system has only charged people from the settlement itself. They face murder and other serious charges relating to the tragic deaths that occurred after the attack was unleashed on the settlement. In November 2009, we were compelled to issue a further strong statement condemning the travesty of justice in the conduct of the court processes of those accused. Already by then it was clear that “justice has been delayed far beyond the point at which it was clear that it had been denied” and that “what is being pursued in our courts in this instance is a political agenda against Abahlali baseMjondolo”.

• Also in the November 2009 statement we declared that: “In light of the fact that this is quite clearly a political trial in which the rules that govern the practice of justice are not being followed, I am now calling for people of conscience outside of the state to join us as we set up an independent inquiry into the attack on Kennedy Road on 26 September; the subsequent demolition of the houses of Abahlali baseMjondolo members, the ongoing threats to Abahlali baseMjondolo members, the role of the police, politicians and courts in this matter”. It is critical to note that none of these matters will be dealt with satisfactorily in the upcoming trial.

The charges against the accused are serious indeed, but our faith in the legal process has been sorely tested by this stage. Nonetheless, we call for a fair and proper process and we will pay close and respectful attention to the trial and its outcomes. The demand for fairness is surely the least demand we can make of the justice system of a democracy.

Issued by:
Bishop Rubin Phillip (Diocese of Natal, Anglican Church of Southern Africa).
Church Land Programme.

11 July 2010.

Annexure 1: Democracy Under Attack in Kennedy Road, Durban

I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement. In recent years I have spent many hours in the Kennedy Road settlement. I’ve attended meetings, memorials, mass ecumenical prayers and marches. I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people. I have seen the best of our democracy here. I have tasted the joy of real social hope here.

The achievement of our hard won democracy was a great moment of shared grace. The militia that have driven the Abahlali baseMjondolo leaders and hundreds of families out of the settlement is a profound disgrace to our democracy. The fact that the police have systematically failed to act against this militia while instead arresting the victims of their violence and destruction is cause for the gravest concern. There are credible claims that this militia has acted with the support of the local ANC structures. This, also, is cause for the most profound concern.

I have shuddered to the core as my thoughts have, with those of many others, turned to the attacks on democratic politics unleashed by apartheid and its allies in the 1980s. Once again people have been beaten, had their homes destroyed, been driven from their community and killed for their political views and practices. Once again an armed minority have used violence to implement a ban on a democratic organisation favoured by a majority. Once again there is just cause for deep concern about the role of the police. Once again we in the churches are looking for safe houses for activists, accommodation for political refugees who have fled with nothing more than the clothes on their backs, doctors for the injured and lawyers for the jailed. Horrors that we all believed to have been buried in our past now stalk the present. This is unacceptable. There can be no compromise on this score. I will take my anger and my fear for the future of our democracy to the highest levels of leadership in our country and to our sister churches around the world. I encourage others to do the same.

In 2007 I was part of a group of church leaders that issued a statement testifying to the brutality and political intolerance that the Sydenham Police had unleashed against Abahlali baseMjondolo in our presence. It is clear that the Sydenham Police should not be allowed to police Kennedy Road or to investigate the crimes that have been committed in recent days. A credible and independent force needs to be deployed as a matter of urgency.

It is equally essential that all of our political leaders take immediate steps to distance themselves from the actions of the militia that have seized control of the settlement, that they call party members who have been complicit with this militia to account, and that we all affirm that Kennedy Road and its residents have the same right to democratic practices as everywhere else and everyone else in South Africa. This includes the right to dissent.

Of course my condolences go out to all those have lost people whom they love and on whom they depend. It seems that some among the militia that launched the attack on the elected leadership of the settlement may also be among the dead. If, as may well be the case, the militia has been exploited by local elites determined to roll back the development of a vibrant popular democracy then we will pray for their own healing and for a turn away from violence and lies and towards life and truth.

Many people are asking what they can do. I would like to make three suggestions:

1. It is essential that the attack on democracy in Kennedy Road is widely publicised so that we can all confront what has happened and ensure that it never happens again. We need to give platforms to the victims of these attacks where ever we can.
2. It is also essential that we convey our concerns to our political leaders with urgency and clarity. I will be writing to President Zuma and encourage others to do the same.
3. Many people have fled their homes with nothing but what they could carry. They need urgent financial assistance. I have agreed to co-ordinate a relief fund and donations can be made to: Diocese of Natal Trust Account, First National Bank
Account number: 509 3118 7386; Branch code: 257 355, Midlands Mall Branch, Pietermaritzburg, South Africa
A democracy that is not for everyone is a democracy in name only.
29 September 2009
Bishop Rubin Phillip
Anglican Bishop of Natal (KZN) and Chairman of the Kwa Zulu-Natal Christian Council

Annexure 2:

Grave Concerns about the Detention without Trial
of the Kennedy Thirteen:

This Travesty Must End

18 November 2009

After their 6th inconclusive bail hearing today, it is now abundantly clear that the legal process for the Kennedy 13 is a complete travesty of justice. They are scheduled to appear again on the 27th November. By that time, some of accused will have been in prison for 2 months without trial – two months in prison without any evidence being presented to a court and without a decision on bail. This is a moral and legal outrage that amounts to detention without trial by means of delay. In our view, it borders on unlawful detention. I am, tonight, issuing a call for their immediate release – justice has been delayed far beyond the point at which it was clear that it had been denied.

Ordinarily in a case with such serious charges as those put to the Kennedy 13, it is in fact extremely easy for bail to be denied. Usually all that is required is that the prosecution provide the court with some evidence showing that they have, at least, a prima facie case to make in the trial itself. That the prosecution has still not presented any such evidence, despite the magistrate’s repeated concessions to give them more time to do so, indicates to us that the police simply have no case to make. What is being pursued in our courts in this instance is a political agenda against Abahlali baseMjondolo.

The Kennedy Thirteen were arrested in the aftermath of the September attack on Abahlali baseMjondolo in the Kennedy Road settlement. Abahlali baseMjondolo is highly respected for its courageous commitment to the equality of all human beings irrespective of their origins or position in society. Their recognition of the spark of the divine in every human being has been a prophetic voice calling us to conscience and grace in the moral wilderness of a country that is losing its way.

In April 2007 I visited the Kennedy Six in Westville prison where they held to a hunger strike for 14 days before the murder charges that had been trumped up against them were dropped. In November that year I, along with other church leaders, witnessed and denounced shocking police violence against Abahlali baseMjondolo.

In 2007 I had to put aside some of my exuberant faith in our new democracy as I came to understand that the days of police violence, police lies and wrongful arrest were still being used to silence those with the temerity to speak truth to power. I realised, with a heavy heart, that the days of the political prisoner were not yet over in our country.

The attack on Abahlali baseMjondolo, and the response to the attack by the police and some figures in the eThekwini Municipality and the Provincial Government of KwaZulu-Natal, have been met with grave concern across South Africa and abroad. It is patently clear that there was a political dimension to the attack and that the response of the police has been to pursue that political agenda rather than justice.

I, along with many other church leaders as well as academics and human rights organisations, have called for a genuinely independent and credible inquiry into the attack on Kennedy Road. That call has not been heeded. It has become abundantly clear that the state has taken a political position on the attack and that it has forfeited any claim to neutrality in this matter.

The Kennedy Thirteen have come to court on six occasions to ask for bail. On each occasion a group of people, sometimes wearing ANC colours, some drunk and some armed, have been at the court to demand that bail be denied. The behaviour of these people has been appalling. They have openly made all kinds of threats including death threats. Clergy are amongst those who have been threatened and the apparatus of justice has been allowed to degenerate into what looks to all intents and purposes like a kangaroo court.

On six separate occasions the magistrate has postponed the bail hearing to give the police another chance to gather some evidence that could link the Kennedy Thirteen to a crime. On each of those six occasions the police have failed to produce any evidence linking the Kennedy Thirteen to any crime. Today the bail hearing for the Kennedy Road Thirteen was postponed until the 27th of November.

There were between thirty and forty clergy present at court today, all of us deeply disturbed by this travesty. We are all committed to see this matter through.

I am, tonight, issuing a call for the immediate release of the Kennedy Thirteen from prison on the grounds that justice has been delayed far beyond the point at which it was clear that it had been denied.

In light of the fact that this is quite clearly a political trial in which the rules that govern the practice of justice are not being followed, I am now calling for people of conscience outside of the state to join us as we set up an independent inquiry into the attack on Kennedy Road on 26 September; the subsequent demolition of the houses of Abahlali baseMjondolo members, the ongoing threats to Abahlali baseMjondolo members, the role of the police, politicians and courts in this matter.

Remember those who are in prison, as though in prison with them, and those who are mistreated, since you also are in the body. (Hebrews 13:3)

The Lord will respond to the prayer of the destitute; he will not despise their plea. Let this be written for a future generation, that a people not yet created may praise the LORD: “The LORD looked down from his sanctuary on high, from heaven he viewed the earth, to hear the groans of the prisoners and release those condemned to death.” (Psalm 102: 16 – 20)

Bishop Rubin Phillip

Diocese of Natal, Anglican Church of Southern Africa
Chairperson, KwaZulu Natal Christian Council

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South African activist Ashraf Cassiem on the World Cup

http://www.waronwant.org/overseas-work/informal-economy/hide/watch/16968-video-south-african-activist-ashraf-cassiem-on-the-world-cup

South African activist Ashraf Cassiem on the World Cup

This Sunday the whole world will be watching the final of the 2010 World Cup in South Africa. The first ever World Cup held on South African soil, the tournament was a landmark event for Africa. But thousands of poor people have been evicted from their homes and the plight of the poor has grown worse in the lead-up to the games.

This Sunday the whole world will be watching the final of the 2010 World Cup in South Africa. The first ever World Cup held on South African soil, the tournament was a landmark event for Africa. But thousands of poor people have been evicted from their homes and the plight of the poor has grown worse in the lead-up to the games.

In this video Ashraf Cassiem, Chair of War on Want’s partner the Anti-Eviction Campaign (AEC), discusses the impact of the World Cup on South Africans and the Poor People’s World Cup, a tournament of 36 teams from poor communities in Cape Town.

To hear more about the impact of the World Cup in Cape Town, visit our interactive panoramas from inside Blikkiesdorp, one of South Africa’s most notorious transit camps for poor people who have been evicted from their homes.

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Another Death in Kennedy Road

10 July 2010
Via cellphone text message

Another Death in Kennedy Road*

The death toll continues to rise in Kennedy.

Today at midday two more people became victims to the violence in the settlement during an argument over building site disputes and the unfair distribution of rebuilding materials in the wake of the fire. The fight between the two left one person dead. The KRDC, in exile, condemns and mourns the killing of a fellow victim by other victim. There is a clear absence of responsible, inclusive and democratic leadership in the settlement. This killing is a result of the failure of the ANC leadership that was imposed on the settlement by Willies Mchunu and Nigel Gumede after the violent expulsion of the KRDC. After the fire, and the deep political corruption in the rebuilding process, most community members can tell who is fooling who.

When is the unnecessary bloodshed and killing of the poor by the poor going to stop? When will the residents of the settlement be able to, once again, rule themselves for themselves? When will the settlement, again, be run on the understanding that everyone, independent of political affiliation or origin, has the same rights? When will the poor be able to unite from below against attempts to weaken us from above by dividing us from above? Until full political freedom is restored to the Kennedy Road settlement these question will remain unanswered and division, violence and counter-violence will continue.

Peace to the shacks, struggle against the power of the rich.

For more information contact:

Nozuko Hulushe (from the internal Kennedy Road AbM Branch): 082 259 5492
Mzwake Mdlalose (from the exiled KRDC): 072 132 8458

*The first version of this statement incorrectly said that two people had been killed. It has now been corrected.

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Solidarity Protest in Support of AbM at the South African Embassy in Moscow

https://avtonom.org/en/node/12664

This afternoon, about 13 hours, the South African Embassy in Moscow, a small group of anarchists held an unauthorized picket in support of social activists and residents of informal settlements in South Africa. Participants unfurled a banner “No to repression against activists in South Africa,” had scattered leaflets in the open windows of the embassy and lit the fireworks. On the banner was the emblem of the movement represented “Abahlali baseMjondolo” (“Movement Shack Dwellers”) – a powerful grassroots protest movement of the poor in South Africa, which is subjected to repression.

Everyone managed to escape from the scene, and a banner left at the neck of a perturbed police officer.

Text of leaflet:
No to repressions! STOP REPRESSIONS!!! No to repressions!!! STOP
REPRESSIONS!!!

We do this action in order to express solidarity with all oppressed people
in South Africa! Since the residents of informal settlements, are being
evicted in the transit camps «Blikkiesdorp», with informal traders, who
at the request of FIFA banned the trade during the World Cup in the tourist
areas. We express our solidarity with those whose voices are silenced and
silenced in the modern “democratic” South Africa – a movement “Abahlali
baseMjondolo” in Durban, which in September 2009 and underwent a planned
attack in the settlement, “Kennedy road”.

We see how, after coming to power of the African National Congress, the
majority black population continues to live on the brink of
poverty. Deportations to concentration camps, the demolition of informal
settlements, forcing the poor as a class outside of the cities that are
intended elites should be a place of residence of the rich and the cradle
of their capital – that is what the ANC offers for their citizens who
fought for many years against apartheid and received in return a new
system of exploitation and oppression.

We want to remind the Government of South Africa that the whole world looks
up to you! As a long time ago, we express our protest, and his anger
policies of oppression and domination in the poorest residents of South
Africa.

With Anarchists
Moscow

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The LPM Welcomes the Independent Research Report into Political Violence Against our Movement

This statement has also been translated into Spanish, French, Portuguese, Russian and Italian.

Landless People’s Movement Press Statement
8 July 2010

The LPM Welcomes the Independent Research Report into Political Violence Against our Movement

As the Landless People’s Movement in Gauteng we welcome the independent research report by Jared Sacks into political violence against our movement in Gauteng.

We have been suffering from serious repression in Protea South, in Harry Gwala and in eTwatwa. The story of our struggle and the repression of our struggle has not been told. The world may have been watching South Africa for the World Cup but the repression of our movement has passed unnoticed. Therefore we welcome this report and the light that it shines into the darkness of our country.

The repression of our movement has been ignored by the media. We are asking the media to take this report seriously. We challenge the media to read this report and to follow it up with their own investigations. We need to expose what happens to the poor in this country and what happens to the poor when they challenge the councillors.

As a society we are not dealing with the issues that affect the poor. The councillors do nothing for the poor.

Billions of rands have been spent on stadiums and other costs for this World Cup yet we remain in shacks and without electricity. They said ‘Feel it, it is here’ but we have not felt anything other than the pain of poverty worsened with the pain of repression. The money that should have been spent on upgrading our communities has been wasted. The tournament will be over on Sunday and we will still be poor.

It is clear that in this country development is something that is imposed on the poor from above. Very often what is called development is actually forced removal. If you don’t agree to be forcibly removed you are treated as an enemy to the government of the country.

When the social movements take up the issues of the poor repression comes from the government with the police. They are trying to intimidate all the comrades of the social movements. They want to show the social movements that they must not challenge the councillors. It is the same in eTwatwa as it is in Harry Gwala and in Protea South. It is the same in Kennedy Road and in Pemary Ridge in Durban. They want to stop us from raising our voices.

We have no choice but to keep struggling. We will not be intimidated by the councillors and their police. We will, together with all our comrades in the Poor People’s Alliance, continue our struggle for land and for freedom.

To download the report in pdf click here.

For comment and further information please contact:

Dan Mofokeng (eTwatwa) 078 679 9435

Clement (eTwatwa) 078 571 4927

Edward Leople (eTwatwa) 083 885 5009

Solly (eTwatwa) 078 498 3280

David Mathontsi (eTwatwa) 073 914 9868

Tsepo (eTwatwa Youth) 078 839 4874

Maureen Mnisi (Protea South) 082 337 4514

Bongani Xezwi (Protea South) 071 043 2221

Maas Van Wyk (Protea South) 079 267 3203

Thomas Maemganyi (Protea South) 072 613 2738

Bazino Lihlebi (Harry Gwala) 084 704 4144

Johnson Nokutwana (Harry Gwala) 078 240 5538

Moray Hathorn (lawyer for LPM) 083 266 1081

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Open Letter to Willies Mchunu from the Witten Tenants Association

Click here to read other letters from other organisations.

Witten Tenants Association
Postfach 1928
D-58409 Witten
Germany

Mr. Willies Mchunu
KwaZulu-Natal Department of Community
Safety & Liaison
Private Bag X9143
Pietmaritzburg, 3200

8 July 2010

OPEN LETTER CONCERN ABOUT THE TRIAL AGAINST TWELVE INHABITANTS OF KENNEDY ROAD

Honorable Mr. Mchunu, we are a local tenants association in Witten, Germany. With 3300 member households we are an active member of the German Federation of Tenants (DMB) and various other national and international networks, which stand for the right to housing.

We are writing to you, because we are very concerned about the treatment of shack dwellers from the Kennedy Road settlement in Durban by the regional authorities. Our partners in South Africa told us, that you are the responsible member for Transport, Community Safety & Liaison of the Executive Council for the Province of KwaZulu-Natal and that this letter mainly should be addressed to you.

Recently, two delegates from the shack dwellers’ organization Abahlali baseMjondolo (AbM), Durban visited us and other organizations in our region. We had a lot of exchange and discussions. We learned that Abahlali baseMjondolo is a membership based grassroots organization of shack dwellers and other poor people in which all positions are contested annually. It is multi-ethnic and multi-racial and there are many women in important positions within the organization.

We have been deeply impressed by the level of solidarity, social mobilization, consciousness and internal democracy this self-organization of poor people has been able to develop. AbM was able to organize innovative and effective campaigns for the housing rights of the urban poor across KwaZulu-Natal and in Cape Town. It’s achievements include the negotiation of an agreement to upgrade two settlements in Durban, including Kennedy Road, and to provide basic services to fourteen settlements as well as the recent Constitutional Court ruling in favor of the organization and against the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act – a piece of legislation widely condemned as repressive and reactionary in the international human rights community. In recent days the eThekwini Municipality in Durban has announced that it intends to provide basic services to all shack settlements in Durban on the model first negotiated between AbM and the Municipality. This will improve the lives of hundreds of thousands of people.

Recent shack fires in the Kennedy Road informal settlement, which made thousands of people homeless, again underline the urgency of change in South Africa’s policies regarding informal settlements, and the need for independent self-organization of the concerned dwellers in order to achieve this goal. The big success of AbM in it’s legal proceedings against the KwaZulu-Natal Slums Act show that in South Africa there also is a chance that this way can lead to real change in favor of the people.

It is our permanent understanding that a democratic society and progressive social housing policies necessarily need independent organizations of inhabitants, which remind state authorities of their duties for the human right to housing and that, therefore, such independent organization must be respected and supported by the state. However, developments since last autumn give us reason to doubt that authorities in KwaZulu-Natal are always following these democratic principles.

By AbM, but also by international media, Amnesty International, the Centre on Housing Rights & Evictions and various church and development aid organizations we have been informed about the circumstances under which twelve activists from the Kennedy Road shack settlement in Clare Estate, Durban, will stand trial on a charge of murder at 12 July 2010. We are deeply concerned that the prosecutors are not following given national and international legal standards. We fear that these prosecutions are aiming to criminalize the shack-dweller movement of Abahlali baseMjondolo.

On the night of the 26th of September 2009 there was violent conflict in the Kennedy Road settlement which resulted in two deaths, a number of injuries and the demolition of the homes of the Abahlali baseMjondolo leadership in the settlement and their expulsion from the settlement. More than 30 homes were destroyed and more than a thousand people fled the settlement.

Testimonies of independent witnesses proved that the attack began when a group of around forty armed men stormed an Abahlali baseMjondolo Youth Camp shouting slogans against Abahlali baseMjondolo and its leaders and for the African National Congress. There was also a clear ethnic (pro-Zulu and anti-isiXhosa speaking Mphondo people) aspect to what they were shouting. Some members of the community made several attempts to call the nearest police station and the reply they got was that there were no police vans available.

The next morning police arrested thirteen active shack dwellers of Kennedy Road who are also members of AbM. Abahlali baseMjondolo and some independent witnesses allege that following the arrests, and in the presence of the police, the homes of all the key Abahlali baseMjondolo leaders in the settlement were systematically destroyed. There is no dispute about that fact that the homes were destroyed or the fact that no one has been arrested for this.

Abahlali baseMjondolo reports that after the attack the demolition of homes of its supporters in the Kennedy Road settlement continued. Activists feared for their lives and left the neighborhood. All this and a general climate of fear and intimidation has seriously disrupted the movement’s work.

It is quite clear that the official account of the attacks is not accurate. It is also clear that there are reasons for serious concern about the judicial process following the attack. Five of the twelve are still in custody although there never had been the correct following of the law which states clearly that no one may be detained more than 24 hours without proof of wrongdoing being brought before a judge. We were also told that the judge clearly said that due to political pressure, she cannot grant the bail for Kennedy Five.

We got the impression that this whole proceedings have a political background. To us it seems, that there is a strategy to criminalize and destroy the political independence of AbM. This would be against national and international standards of civil and human rights.

On the other hand, we really hope that the responsible authorities in KwaZulu Natal will not allow the continuation of these illegal practices and immediately will guarantee that the trial of July 12 will follow the legal standards and that there will be a full investigation into the demolition of the homes of AbM activists in the settlement and the expulsion of the movement from the settlement.

We strongly support the demand of Abahlali baseMjondolo for an independent commission of inquiry and that the judicial process should be halted until such an enquiry has been conducted. We also demand that the right to free association in Kennedy Road must be immediately defended by the police and that all political organizations must be allowed to operate freely in the settlement. We will continue to observe the further action the authorities undertake in this case. We kindly ask you to reply to this letter.

Sincerely
Knut Unger
Speaker of Witten Tenants Association

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South Africa Solidarity Soccer at the U.S. Social Forum

Social movement activists at the U.S. Social Forum in Detroit play soccer in solidarity with the South African Poor People’s Alliance for their World Cup resistance – June 25, 2010. contact tejunyc@gmail.com

Click here to see some pictures.

http://antieviction.org.za/2010/07/07/solidarity-standing-with-the-poor-peoples-alliance-at-the-2010-us-social-forum

As the World Cup began in South Africa in June 2010, the social movements of the Poor People’s Alliance continue to face off against the governing elite’s escalation of harassment, repression, and displacement. At the same time, activists gathered at the second United States Social Forum — to bring together U.S.-based movements fighting poverty, racism and oppression, within the States as well as globally. Some of the poor people’s organizations that gathered in the embattled and resilient, majority-Black city of Detroit for the USSF had met with members of Abahlali baseMjondolo and the Western Cape Anti-Eviction Campaign who visited the U.S. in 2009, finding common cause and inspiration in their creative struggles and visions for a better world.

On June 25 in Detroit, members of the Chicago Anti-Eviction Campaign, Coalition of Immokalee Workers, Malcolm X Grassroots Movement, Picture the Homeless, Poverty Initiative, and other movement activists at the USSF gathered to play football — as a solidarity message to our allies in South Africa and their Poor People’s World Cup games happening at the same time.

We are with you! Aluta continua! Amandla Ngwethu!

For past examples of New York City-based solidarity statements and actions, see here and here.

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Shack Fire In Kennedy Kills Three; 3000 Homeless

Click here to read this statement in Italian.

4 July 2010
Abahlali baseKennedy Press Statement

Shack Fire In Kennedy Kills Three; 3000 Homeless

At 2am in Kennedy Road last night, on 3 July 2010, approximately 3 people were killed after eight hundred shacks were destroyed in a fire. It is thought that one of those killed in the blaze was a young child.

An estimated three thousand people were left homeless, all their belongings burned. Now, they have nowhere to go. Emergency vehicles came to the scene but could not control the flames.

If people were given land, houses and electricity, there would be no fires. The only reason that there are fires in the shacks is because they are un-electrified. The only reason there are fires in the shacks is because of the failure of the Municipality to provide services.

We have said this since 2005. Meanwhile, the Municipality has made it illegal to electrify informal settlements. Since January 2010, the Municipality has been disconnecting shacks from electricity on a daily basis in Kennedy Road. Abahlali has been very clear that this policy contradicts the Constitution of the Republic.

After Abahlali was attacked in September 2009, Nigel Gumede from the eThekwini Housing Department came to Kennedy Road. He promised that houses and electricity would be brought to the people of Kennedy by February 2010.

The Provincial Minister of Transport, Safety and Security Willies Mchunu also came to Kennedy Road. He said, after the attacks, that the settlement had been “liberated.” He also promised that development would start anytime soon.

Instead of bringing houses or electricity, Gumede and Mchunu brought the Amatins, also known by the people as government shacks, or transit camps. Instead of bringing development, for the few months of the World Cup, the government spent billions of Rands on stadiums, fan parks, airports, and tollgates.

The government can bring the World Cup, but cannot bring housing, electricity, rubbish collection, water, toilets, or land for the poor.

Abahlali had a march in the city on 22 March 2010, which was initially banned by the Municipality. At that march, we raised our concerns. Up until today, there has been no response from government.

Abahlali condemns the Municipality for making these promises, and for failing to deliver. Abahlali calls for support for all victims of the fire, and for a fair distribution of relief.

When fires have happened in Abahlali areas in the past, it is only the Councillor’s friends who first receive support. After a fire that left 2000 homes destroyed at Foreman Road, the ANC Committee demanded that the community show ANC membership cards before receiving blankets, food, or any relief.

Today, on 4 July 2010, Abahlali was asked to come to Kennedy Road after the fire. A delegation, including Abahlali President S’bu Zikode, went there. More than 700 people openly attended an Abahlali meeting in the settlement that was addresed bu S'bu Zikode. The Municipality sent no one, as they were all too busy working on the World Cup.

Among the immediate concerns by Kennedy residents are the following:

– A demand for the supply of building materials, so that the people can rebuild their homes, for themselves.

– A demand for the reinstatement of the development project that was negotiated by Abahlali baseMjondolo and planned for Kennedy Road. An Abahlali technical team for this project met on the 21st of this month with the Municipality, calling for immediate action.

– The people of Kennedy Road are tired of the lies and promises from government. They are sick and tired of Nigel Gumede, the Chairperson of the Housing Porfolio in the eThekwini Municipality. They are sick and tired of their suffering being exploited.

– The people reject the Amatins as adequate housing. They also reject the tenders and tenderpreneurs that bennefit from building the Amatins. It is the focus on the teneders to build Amatins instead of giving the people what they need – land, hopusing and electricity – that is giving rise to these shack fires.

Abahlali would like to remind the media that the Constitutional Court, in overturning the Slums Act, made a statement against the Amatins. These Amatins are unconstitutional, and undermine human dignity. Abahlali will not rest in peace until each and every shack-dweller is housed in decent housing.

We invite all the footballs fans and journalists who are in Durban for the World Cup to come to Kennedy Road and to see for themselves the human cost of misdirecting resources into stadiums and so on in a country where the poor are still suffering. We are dying while you are celebrating and we are dying because of the way in which you are celebrating. This tournament should have been organised in such a way that we could all celebrate together.

Abahlali would like to send condolences to the families who have died in this shack fire, and in past shack fires. There have been a total of five shack fires in Kennedy Road since January 2010. In all these shack fires, the Municipality has sent no one. Abahlali, lastly, would like to ask: Whose child must be burned before the authorities act?

Contacts:
Busisiwe 078 191 3021
Nozuko 082 259 5492
Bandile (AbM General Secretary) 031 304 6420

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No Land! No House! No Vote! Voices from Symphony Way

http://fahamubooks.org/book/?GCOI=90638100888310&fa=description

No Land! No House! No Vote! Voices from Symphony Way

Many outside South Africa imagine that after Mandela was freed and the ANC won free elections all was well. But the last two decades have led to increased poverty and inequality. Although a few black South Africans have become wealthy, for many the struggle against apartheid never ended because the ethos of apartheid continues to live.

Early in 2007 hundreds of families living in shacks in Cape Town were moved into houses they had been waiting for since the end of apartheid. But soon they were told that the move had been illegal and they were kicked out of their new homes. They built shacks next to the road opposite the housing project and hundreds organised themselves into the Symphony Way Anti-Eviction Campaign, vowing to stay on the road until the government gave them permanent housing.

This anthology is both testimony and poetry. There are stories of justice miscarried, of violence domestic and public, of bigotry and xenophobia. But amid the horror there is beauty: relationships between aunties, husbands, wives and children; daughters named Hope and Symphony. This book is a means to dignity, a way for the poor to reflect and be reflected. It is testimony that there’s thinking in the shacks, that there are humans who dialogue, theorise and fight to bring about change.

Two Symphony Way evictees were recently featured in a Guardian article of 1 April 2010:

Badronessa Morris: ‘The police treat us like animals. They swear at us, pepper spray us, search us in public, even children. At 10 o’clock you must be inside: the police come and tell you to go into your place and turn down the music. In my old home we used to sit outside all night with the fire.’

Jane Roberts: ‘It’s a dumping place. They took people from the streets because they don’t want them in the city for the World Cup. Now we are living in a concentration camp.’

ISBN-10 1906387842
ISBN-13 9781906387846
Publication Date October 2010
List Price £14.95

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A Letter to Our German Comrades

A Letter to Our German Comrades
Saturday 19 June 2010

Friede unter den HüttenbewohnerInnen – Kampf der Macht der Reichen!
“Peace amongst the shack dwellers – struggle against the power of the rich”

The rich are killing our world. The rich in business, in government and in civil society are killing our world. They are killing our world with a top down system and by putting money before human beings.

Since 2005 we have been resisting as Abahlali baseMjondolo. We are struggling for equality and for dignity. We are struggling to put the human being at the centre of the world. Every person has the same right to contribute to making all the decisions that affect that person. Every person has the right to contribute freely and without fear to all discussions. People have the same right to justice and to dignity wherever they were born. The land and the wealth of this world must be shared by the people of this world. Obviously we do not want the rich to monopolise ownership of the land and the wealth. But we also do not want the state to own the land and the wealth for the people. We want the people to own and to manage the blessings and fruits of this world directly. Some of us call this a living communism. Continue reading

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‘Poor People’s World Cup’ Shows Exclusion Of Poor In South Africa

http://www.huffingtonpost.com/2010/06/21/poor-peoples-world-cup-sh_n_619588.html

Leading up to the 2010 FIFA World Cup in South Africa, reports have come out alleging that South African authorities had made efforts to hide the homeless population to make areas seem more welcoming to tourists. Now, as the games go on, one organization is taking a stand to raise awareness about the negative impact of the World Cup on the poor and homeless.

The Western Cape Anti-Eviction Campaign (AEC) has organized the Poor People’s World Cup, a three-week-long competition that mimics the FIFA World Cup, but allows poor South Africans to participate and spectate. Groups from 40 impoverished Cape Town communities have formed teams to compete in the Poor People’s World Cup.

AEC coordinator Ashraf Cassiem told CNN, “It’s an attempt by poor people in Cape Town to bring to attention their plight as a result of the World Cup and the effect it has on communities.

“It’s a platform created by poor people, for poor people, to expose the evictions and displacements affecting poor people in a negative way.”

According to the AEC, the World Cup excludes the poor because tickets are too expensive, and the event forces many poor people out of work because street vendors are not allowed to sell their merchandise. The AEC also claims that the poor have been moved to ‘Temporary Relocation Centers’ to be hidden from visiting soccer fans.

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Abahlali baseMjondolo – how a poor people’s struggle for land and housing became a struggle for democracy

http://suedafrika.habitants.de/?p=15

http://german-development-cooperation.org/files/coalface.pdf

Abahlali baseMjondolo – how a poor people’s struggle for land and housing became a struggle for democracy

by Gerhard Kienast

Over the last couple of years, Abahlali baseMjondolo (AbM), an organisation of shack-dwellers from Durban, claimed some remarkable victories for participatory democracy. In 2006, using the Promotion for the Access to Information Act, AbM compelled their municipality to disclose plans for the city’s informal settlements and its housing budget. In February 2009, after tough negotiations with eThekwini, they reached agreement that the ‘clearance’ of the ‘slums’ they live in, would follow principles of in situ upgrading rather than relocation outside city limits. In October 2009, the Constitutional Court upheld AbM’s application that the Kwazulu-Natal Slums Act invited arbitrary evictions and thus declared it unconstitutional.

Yet, the movement’s latest victory was announced in the hour of its greatest affliction. On 26 September, AbM’s strongest base, the Kennedy Road settlement, was attacked by armed militia, apparently acting with the support of local ANC structures. In the aftermath, houses of AbM supporters have been destroyed, 13 members imprisoned and death threats forced its leaders into hiding (see article ‘The attacks on Kennedy Road’). Amnesty international has expressed concern over “the apparent unwillingness of the relevant authorities in investigating these crimes” and official comments, which “could have the effect of inappropriately criminalising a whole organization and making its members vulnerable to threats of violence”.

How comes that a social movement, which has merely used the freedoms guaranteed by the constitution, has attracted so much hatred? Why is it not protected by the State, which is supposed to defend the same freedoms?

Popular social movements like AbM, the Landless People’s Movement in Johannesburg and the Anti-eviction Campaign in Cape Town pose a serious challenge to the ruling party because of their refusal to vote. Since they adopted the slogan ‘No Land! No House! No Vote!’ they have been subjected to all kinds of state repression, ranging from the ban of marches to illegal police assault and detention.

AbM’s radical position did not emerge overnight. For years Kennedy Road had sent representatives to meetings with government. Confrontation started in March 2005 when shack dwellers found out that land they had been promised by their ward councillor and senior officials was developed for a brick-making factory. People embarked on road blocks and mass demonstrations, which soon gained support from other settlements across the city. ANC and government officials reacted angrily. Some suspected opposition parties to incite the poor; some blamed academics at the University of Kwazulu-Natal (UKZN); others spoke of a ‘Third Force’.

In November 2005, S’bu Zikode, the elected chairperson of Abahlali baseMjondolo, responded to these accusations in a newspaper article, which drew enormous attention as it was re-published by mass market magazines and quoted on South African television as well as by the New York Times, the Economist and Al Jazeera:

“The Third Force is all the pain and the suffering that the poor are subjected to every second in our lives. … Those in power are blind to our suffering. … My appeal is that leaders … must come and stay at least one week in the jondolos. They must feel the mud. They must share 6 toilets with 6 000 people. They must dispose of their own refuse while living next to the dump. … They must chase away the rats and keep the children from knocking the candles. They must care for the sick when there are long queues for the tap. … They must be there when we bury our children who have passed on in the fires, from diarrhoea or AIDS.”

Over the years, many intellectuals assisted the shack dwellers movement but it is a misconception that they have formed it. One of the first who went to Kennedy Road and got involved was political scientist Richard Pithouse: “The key factor (for the movement’s success) is that Kennedy Road had developed a profoundly democratic political culture and organization, years before they blockaded the road.” Until 2005, many who later joined AbM were organised in ANC structures. Initial protests were not intended to trigger a break from the ruling party. Pithouse is sure: “The radical opposition was forced on the activists because the party responded with police force instead of engaging with their demands.”

Impressed by the integrity of Sbu Zikode and other shack dwellers and the ideas they expressed, people like Pithouse helped them get in contact with human rights lawyers who would defend those arrested during the protests, and the Freedom of Expression Institute, which asserted their right to march.

The main demand of the movement was always land or housing close to working opportunities, schools and clinics. Assisted by the Cape Town-based NGO Open Democracy Advice Centre (ODAC), AbM used the law to get access to the official plans for their areas. Plans confirmed that the municipality basically aimed at the demolition of shacks and people’s relocation to the periphery. The threat of eviction mobilised even more people to support the movement.

Since their ward councillor wouldn’t resign, shack dwellers effectively started to govern themselves and gradually gained recognition by government departments. The Kennedy Road Development Committee started to issue letters confirming residence, which are needed to access social grants. AbM managed to marginalise politicians and negotiate directly with state officials about the installation of public toilets, issues of policing and disaster relief after shack fires. Clearly, this was made possible by the pressure created through mass mobilisation and skilful media work.

Repeated arrests and police violence against the movement’s leaders, evictions and fire disasters in several shack settlements did not break its momentum. Throughout 2006 and 2007, AbM organised marches against the Ethekwini municipality, which privileged middle class housing, office and entertainment parks. Faced with shack dwellers’ determination and growing embarrassment over the fatalities caused by shack fires, the Metro started to negotiate.

Project Preparation Trust (PPT), a service provider facilitating housing projects on behalf of government, was mandated to find a consensus. AbM seized the opportunity but did not compromise its commitment to grassroots democracy. When PPT requested the nomination of two negotiators, this was rejected. Abahlali insisted that each of the 14 affiliated settlements could send 2 representatives. Representatives had no mandate to make decisions during negotiations. Hence, each proposal had to be brought back and discussed in the respective community. AbM even sent ‘less prominent’ people in order to broaden the knowledge about the process. For political scientist Pithouse this is fascinating stuff: “AbM deliberately works with a delay through participation. They embark on ‘slow politics’ to ensure that all members of the community are part of decisions.”

By February 2009 an important breakthrough was reached. AbM and city officials agreed on the modalities of in-situ upgrading, and on alternative housing for shack dwellers, which could not be accommodated within the parameters of the existing settlements.

Yet, negotiations with the municipality did not prevent the movement from mobilising against provincial legislation, which was undermining shack dwellers’ tenure security. The ‘Kwazulu-Natal Slum Elimination and Prevention of Re-emergence of Slums Act’ of 2007 gave the housing MEC powers to force landowners and municipalities to institute eviction proceedings. AbM had requested participation in the public hearings on the bill but its submissions were dismissed (along with many others). When the law was enacted, AbM launched a legal challenge to have the act declared unconstitutional.

In October 2009, the Constitutional Court found in its favour and ordered that all costs of AbM’s court applications be carried by the Kwazulu-Natal government. The judgement underlines that “eviction can take place only after reasonable engagement … Proper engagement would include taking into proper consideration the wishes of the people who are to be evicted, whether the areas where they live may be upgraded in situ; and whether there will be alternative accommodation.”

Housing expert Marie Huchzermeyer of Wits’ School of Architecture and Planning whole-heartedly welcomed the judgement. In an article for Business Day newspaper she explained: “(Section 16 of the act) harked back to a provision in the 1951 Prevention of Illegal Squatting Act. … It was a very worrying regression in law that needed to be challenged.”

AbM president Sbu Zikode, still in hiding after the attacks on his Kennedy Road home, had reason to be proud after the court decision. In the Mail & Guardian he said it “had far-reaching consequences for all the poor people in the country and validated ABM’s role as protector of the Constitution, and a champion of the rights of the ordinary people of South Africa. … Hopefully, this judgement will also see the end of forced removals to transit camps and temporary relocation areas.”

But what will become of the agreement reached with eThekwini now that over 30 activists’ houses were destroyed and dozens, some say hundreds of families were driven out of their homes? As long as many AbM activists remain homeless and are living under death threats, this seems to be quite an irrelevant question. According to Richard Pithouse “the movement is now operating underground in some areas and, due to the enormous pressure it is now under, struggling to sustain its practice of open and regular meetings.”

In a panel discussion on human rights activism and litigation, Stuart Wilson, visiting senior research fellow at Wits Law School, pointed out the significance of their persecution: “… we have a Constitution which, at least formally, guarantees the inclusion of all in the political community. But democracy must also fill the spaces between the elections. The freedoms guaranteed by the Constitution must be practiced – and permitted to be practiced by the citizenry. The attack on Abahlali is an attempt to stamp out that vital practice of democracy.”

The attacks on Kennedy Road and the call for an independent inquiry

On the night of September 26, 2009, two weeks before the Constitutional Court decision on the KZN Slums Act, an Abahlali meeting in Kennedy Road was attacked by a group of armed men, chanting ethnic slogans and threatening to kill the movements’ leaders. Residents fought back and two people died under unknown circumstances. The next day the attacks continued. According to several witnesses they were carried out by supporters of the ruling party. With the ward councillor and the chairperson of the local ANC branch standing by, they destroyed and looted the homes of 30 well known AbM members as well as the movement’s office and library.

Stuart Wilson of Wits Law School recounts what was said by neighbours: “The police were present and did nothing to stop the pillage. They only intervened to arrest members of Abahlali who resisted the gang. Many other families associated with the movement fled in fear of their lives. On Monday morning, the local ANC councillor Yacoob Baig and the MEC for Community Safety, Willas Mchunu, arrived at the settlement, congratulated the community on having removed what they called a criminal element and declared that the community could now live in peace and harmony. Abahlali’s office was ransacked.”

One of the first prominent voices to speak out against the attacks was Bishop Rubin Phillip, the head of the Anglican diocese of Natal: “The militia that have driven the Abahlali baseMjondolo leaders and hundreds of families out of the settlement is a profound disgrace to our democracy.” Comparing the attacks to those unleashed by apartheid, he goes on: “Once again we in the churches are looking for safe houses for activists, accommodation for political refugees who have fled with nothing more than the clothes on their backs, doctors for the injured and lawyers for the jailed. … I will take my anger and my fear for the future of our democracy to the highest levels of leadership in our country and to our sister churches around the world. I encourage others to do the same.”

Since then, church leaders from various confessions have shown solidarity with the 13 AbM members who have been arrested in relation to the attacks. They have been shocked to see that the intimidation of the movement’s supporters even continues in the court room. Reverend Mavuso Mbhekeseni recalls: “The ANC mob was swearing at us in court … They threatened to catch us and kill us in the city … it was clear that their threats were serious”.

After two months in detention all charges were dropped against one of the thirteen, seven were granted bail. The other five, however, were remanded in custody to give the police more chance to bring some evidence against them in court. Their bail application has been postponed eight times (for four months!), leading Bishop Phillip to call this case a ‘travesty of justice’.

Highly-regarded international intellectuals like Noam Chomsky, Naomi Klein and Slavoj Zizek signed a petition that condemns “any participation or collusion of the government and police in the recent assault” (see text box). Amnesty International raised its concerns with the Premier of KwaZulu-Natal and has issued “repeated calls for an independent and impartial commission of inquiry into the surrounding circumstances and extent of the violence and its aftermath” (http://www.amnesty.org/en/library/info/AFR53/011/2009/en).

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Film: ‘A Place in the City’ is now online

http://www.fahamu.org/publications/item/a_place_in_the_city/

A Place in the City

Nearly 15 years since apartheid ended, millions of black South Africans still live in self-built shacks – without sanitation, adequate water supplies, or electricity.

But A Place in the City will overturn all your assumptions about ‘slums’ and the people who live in them.

In this film, shot in the vast shack settlements in and around Durban, members of Abahlali baseMjondolo, the grassroots shackdwellers’ movement, lay out their case – against forcible eviction; for decent services – with passion, eloquence, and sweet reason. The film captures the horrible conditions in which shackdwellers live – but it also captures Abahlali’s bravery and resilience, in a political climate where grassroots campaigners like them are more likely to be met with rubber bullets than with offers to talk.

‘For the first time now’, says S’bu Zikode, Abahlali’s elected leader, ‘poor people have started to speak for themselves. Now, that challenges those who are paid to think for us – who are paid to speak for us.’

At the heart of Abahlali’s struggle is the struggle for meaningful citizenship rights for South Africa’s poor majority. ‘Or does freedom in South Africa,’ asks Abahlali volunteer organiser Louisa Motha, ‘only belong to the rich?’

Price: £9.99
Publisher: Made with assistance from Fahamu through a grant from TrustAfrica
Date: Nov 2008
ISBN(13): ISBN: 978-1-906387-41-9

Edited at VET, Hoxton Square, London
Editor: Duncan Harris
Filmed, produced and directed by Jenny Morgan
Grey Street Films 2008

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AEC: March to Dan Plato on Wednesday 23 June at 9 AM

March to Dan Plato on Wednesday 23 June at 9 AM

At the moment 1000 to 1500 residents from Blikkiesdorp and surrounding communities are preparing themselves for tomorrow as they will march to Dan Plato to hand over a memorandum. This march is organized by the Delft Anti-Eviction Campaign to invite Dan Plato and FIFA to the finals of the Poor People’s World Cup on July 4, 2010.

Furthermore, this march is to support all the displaced communities now living in Blikkiesdorp (the Symphony Way TRA, 20 km away from the city centre) as a result of World Cup regeneration projects. Many of these residents were promised proper houses before moving to this “concentration camp” with tin can structures – far away from the city centre and from job opportunities, good education, their social networks, etc.

In solidarity with these residents now living in this relocation area – soccer teams, coaches and communities that are involved in the Poor People’s World Cup – will also support and join this march tomorrow.

The Delft Anti-Eviction Campaign invites all the media to this march and everyone who wants to support this march is more than welcome!!

Location: at 7 AM we will gather in Blikkiesdorp. The march will proceed around 9 AM from Cape Town’s Keizersgracht (close to Cape Peninsula University) to the Civic Centre to hand over a memorandum to Mayor Dan Plato.

For more information, please contact: Jane Roberts 0742384236 (AEC coordinator for the Delft area), Kareema 078 6207365 (resident of Blikkiesdorp) or Ashraf Cassiem 0761861408 (chairperson AEC)


For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
www.antieviction.org.za and follow us on www.twitter.com/antieviction

Visit Abahlali baseMjondolo at www.abahlali.org and www.khayelitshastruggles.com

The Poor People’s Alliance: Abahlali baseMjondolo, together with with Landless People’s Movement (Gauteng), the Rural Network (KwaZulu-Natal) and the Western Cape Anti-Eviction Campaign, is part of the Poor People’s Alliance – a unfunded national network of democratic membership based poor people’s movements.

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How People Face Evictions

How People Face Evictions

by Yves Cabannes, Silvia Guimarães Yafai and Cassidy Johnson

Forced and market-driven evictions are increasing dramatically worldwide, with devastating effects on millions of children, women and men across the globe. Despite this negative trend, however, many people-led initiatives have been successful in addressing this issue and reducing the number of evictions, developing new policies and proving that alternatives to forced eviction can be found. This project aims to document, reflect upon and share people-based initiatives and experiences of struggles against evictions, including how groups are securing rights to adequate housing, legal security of tenure and freedom from arbitrary destruction and dispossession, giving voice to people who are active on the ground and providing an opportunity for exchange and mutual learning.

The research has been coordinated by the Development Planning Unit (DPU) of University College London, with the support of the Building and Social Housing Foundation (BSHF), and carried out with a range of grassroots organizations, networks and activists in different parts of the world.

The project has been carried out in two stages, initially focusing on documenting the experiences and examples of good practice by the preparation of narratives by local groups who have faced or are currently facing forced evictions the cities of Buenos Aires (Argentina), Porto Alegre (Brazil), Durban (South Africa), Hangzhou (China), Istanbul (Turkey), Karachi (Pakistan) and Santo Domingo (Dominican Republic), as well as in the rural villages of Mirshaq and Sarandu in Egypt.

The second stage of the project has focused on sharing these experiences – both amongst the various groups involved and to other groups currently facing forced evictions – through an international exchange event held in Istanbul, one of the participating cities, in February 2010. Following the documentation of the individual cases and inputs from the exchange seminar, a cross-sectional analysis has been prepared with key lessons and themes drawn from the various cases, along with concluding remarks on issues that have emerged as part of the discussions and documentation process.

The central focus of this report is on the practical strategies and experiences of communities who have directly struggled against forced evictions. Many of these experiences offer valuable lessons for other groups facing similar issues and it is envisaged that the groups involved, as well as the many other groups around the world confronting similar issues, will benefit from the documentation of these diverse experiences and solutions and identify cross-cutting themes.

To download the report free of charge, please click here http://www.bshf.org/published-information/publication.cfm?lang=00&thePubID=3C273379-15C5-F4C0-9923675FEF6ADEFB . The report is also available from the DPU website at http://www.ucl.ac.uk/dpu/k_s/publications/how_ppl_face_evictions

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AEC: The First Poor People’s World Cup on African Soil

http://antieviction.org.za/2010/06/14/the-first-poor-peoples-world-cup-on-african-soil/

14 06 2010

At the shadow side of the mountain, 36 teams from 40 different communities came together yesterday to play the one thing they like the most: SOCCER!

On the 13th of June 2010, the Poor People’s World Cup successfully kicked-off their first day of matches at the Avendale soccer fields, next to Athlone stadium in Cape Town. Early in the morning, the first minibuses with soccer teams arrived from all over Cape Town to play their first games in this Poor People’s tournament. Everybody was excited and the atmosphere was amazing, considering the bad weather forecasts.

At the meeting where the programme of the day was discussed, the coordinators explained that this tournament is not only for the soccer teams, but also for the whole community and for the people who struggle everyday against water and electricity cut-offs and against evictions from their homes and working places. The message during the meeting was clear: while the poor people in Cape Town and in South Africa as a whole are suffering, the rich are enjoying themselves in the expensive stadiums at the expenses of the poor.

After we stood still at these facts, we moved on with inspiring speeches from Martin Legassick (housing activist/ UWC Emeritus Professor), Michael Premo (Housing is a Human Right) and Ashraf Cassiem (Chairperson/coordinator of the Anti-Eviction Campaign). Besides all the 36 teams and their supporters from their communities, this event also attracted local and international journalists, researchers and international radio and television broadcasters.

All the traders and communities – that were negatively affected by FIFA related urban renewal projects and by the implemented by-laws – were invited to this tournament: a tournament that is FREE and open to everybody. Because this tournament is by and for the local communities, international branches are the only ones that are excluded from these areas as they robbed our informal traders from their livelihoods! All the money that tourist spend there, won’t benefit the local economy but will flow back overseas.

Therefore, in contrast to the FIFA World Cup, we have created our own contra-World Cup for the poor communities by the poor communities that is not exploiting people or marginalizing people, but involving people and creating new spaces of exposure and participation.

For the second day of the Poor People’s World Cup, we invite all the local and international media to our tournament, to provide our soccer teams and our (evicted) communities and traders a platform were they can give voice to their stories, their struggles and what brought them together to join the PPWC and the march (23 June). We further invite international football teams and scouts to come to our games, to talk and to play football with our local teams and to fulfil the dreams of many soccer players; as this will create a once in a life time opportunity for them to meet their favourite soccer teams.

To all the tourists: don’t stay only in the controlled spaces bounded by FIFA rules and regulations, but move beyond these areas to experience the true spirit of what the game of soccer is all about!! Come to our Poor People’s World Cup next Sunday in Delft and support your favourite team/country!!! Through this support you can let these communities feel and know that people care about them and that they are not forgotten.

We hope to welcome you all (again) next Sunday at 10 AM at the Delft Central Sports Field (main road in Delft)!

For more information, please contact one of the AEC coordinators: Pamela Beukes: 078 5563003, Jane Roberts 074 2384236 (coordinator for the Delft area), Mncedisi Twalo 078 5808646, Gary Hartzenberg 072 3925859, or Willie Heyn 073 1443619. Ashraf Cassiem is unfortunately not available until Sunday, June 20.

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Report on the Return to Kennedy Road Campaign

Report on the Return to Kennedy Road Campaign

The historic meeting at the Kennedy Road settlement on Sunday went well despite the intimidation from the local ANC.

The background to this meeting, and its importance, is that in September last year Abahlali baseMjondolo(AbM) and the Kennedy Road Development Committee (KRDC), the openly and freely elected committee in the settlement, were expelled in violent attacks organised through the local ANC and supported by the police and the criminal justice system. For months after the attacks AbM was banned from the settlement. There were regular death threats and known AbM supporters had their homes demolished or burnt. But AbM began to organise underground in the settlement and then openly – always in the face of severe intimidation and personal risk. In some cases people were subject to violence. But when the courage to resist oppression is taken forward by more people and with more commitment than the attempt to maintain oppression the will of the people can slowly prevail.

Despite the fact that our members were openly threatened with death, despite the fact that some were detained for months without bail, despite the fact that the police and high level politicians supported the attacks on us and the repression that followed the attacks, and despite the fact that the homes of our members were destroyed for months our members continued to hold their ground. When they reached the point of being able to organise openly they circulated a petition calling for AbM and the KRDC to return to the settlement. Most of the more than 500 people that signed were women. They made it clear that while they could not guarantee the behaviour of the local ANC or the police they could guarantee that they would stand for our safety.

Sunday’s meeting was called by the brave women in the AbM branch in the Kennedy Road settlement.It was an open and public meeting. The call to attend the meeting was circulated beforehand with pamphlets. It was the first attempt to call an open meeting of the organisations that had been banned from the settlement on threat of death after the attacks.

The meeting was preceded by blatant and serious public intimidation in the settlement. This intimidation was led by Jackson Gumede, chairperson of the Branch Executive Committee of the ANC in Ward 25 and the unelected and highly authoritarian leader of the nearby Lacy Road settlement. For years Gumede has prevented free political activity in Lacy Road with threats of death. It has never been possible to wear a red t-shirt in Lacy Road. When we were attacked in September last year it was Gumede who, with the support of the police and high level politicians, first seized control of the settlement after we had been driven out. Two days after the attack Willies Mchunu, the Safety & Security MEC in KwaZulu-Natal, came to the settlement. At that meeting the violent attack on our movement was celebrated as the ‘liberation’ of the settlement. The politicians claimed that we were trying to ‘stop development’ and that ‘people would have to be jailed in order for development to happen’. They said that high mast electric lighting would be immediately installed and that people would be housed by February 2010. In fact we had been struggling for land and housing since 2005 and in February 2009 we had signed an MOU that committed the Municipality to upgrade the settlement. We had been promised that people who could not be accommodated in the upgrade would be given housing in the Cornubia development in Umhlanga. Mchunu said that a decision had been taken to disband our democratically elected structures. The politicians set up a Community Policing Forum (CPF) to replace the democratically elected structures. The CPF was never elected. It was appointed from the top down. Zandile Mdletshe was appointed as the head of the CPF. She was with Gumede at the settlement from very early on Sunday morning saying that people that attended our meeting would be killed or that their homes would be demolished and that they would be driven out of the settlement. The ward councillor Yakoob Baig was also there.

The police were at the settlement for the whole night on Saturday and they were there on Sunday. They even brought a helicopter but this time they were not there to repress us. They were there to do their jobs without political interference. They were there to keep the peace. They saw what Gumede was doing and they threatened to arrest him. They clearly and publicly stated that they had witnessed the threats from Gumede and Mdletshe and they said that if any one was attacked, or if anyone’s home was burnt that night they would arrest Gumede and Mdletshe.

Before the meeting Mdletshe was going through the settlement with a loudhailer telling people not to attend the meeting and saying that only the ANC has the right to call meetings. But our AbM members like Nozuku Hulushe stood up, despite the threats of the morning and the history of state supported violence and evictions, and said on their loudhailer that everyone is free to call meetings. Some of the AbM members that have been exiled from Kennedy Road since the attacks, like Cindy Mkhize and Zandile Nsibande entered the settlement for the fist time since the attacks and joined Nozuku to make this call for political freedom.

In the end only about 150 people attended the meeting. We received many phone calls and sms of apology from people who said that they could not risk attending the meeting after the threats to kill and destroy people’s homes. But those 150 people who were there were able to hold the first free and democratic meeting at the settlement since the attacks. Together we were able to reoccupy the democratic ground from which we had been evicted. We invited a number of neutral and independent people to attend the meeting so that they could be witnesses to what happened there including church leaders and academics.

The meeting was opened with the national anthem and a prayer by Reverend Mavuso Mbhekeseni.

The meeting was chaired by Mr. Mjozi from the Quarry Road settlement which is in Reservoir Hills in Ward 23. Mr. Mjozi was invited to chair the meeting because he is a democrat respected by both the ANC and AbM. He is the chairperson of the Quarry Road settlement in which both AbM and ANC members are completely free to advance their own politics. The ANC are in the majority there and Mr. Mjozi is not an AbM member but there is complete freedom for AbM members in Quarry Road. The ANC BEC in Ward 25 pressured Mr. Mjozi to withdraw from chairing the meeting. They told him that ‘only the ANC has the right to call meetings in this ward’. Mr. Mjozi is a democrat and he resisted that pressure.

The Kennedy Road AbM branch who had called the meeting were then given the opportunity to explain the purpose of the meeting. They explained that the purpose of the meeting was to call a community assembly in which everyone would be free to openly discuss a way forward for the community.

People were then given the opportunity to speak. The Kennedy Road women spoke very powerfully and very clearly. The main issues that were raised were as follows:

1. The importance of regular, open and democratic meetings: There have been no community meetings held in Kennedy Road since the meeting that the ANC politicians and the Municipality held two days after the attacks – the same meeting in which the attacks against us were celebrated as a ‘liberation’ that would now allow development to proceed. Speakers at the meeting on Sunday said that it is essential that the community return to the practice of regular meetings and that these meetings should be called and controlled by the community.

2. The need for a committee. There has been no development committee in the community since the attacks. There has only been the CPF set up by Mchunu but it was never elected and it does not deal with general community issues or with development issues. There is no one to report problems too. If you go to Zandile Mdletshe she will not even talk to you if you do not have an ANC card. This is undemocratic and it excludes many people. If you do have an ANC card and you need something from her, like a letter to give proof of your address so that you can access a grant or register your children at a school she will charge you R5.

3. The lack of help with problems. There is no one to help the people with their problems. When there are problems like shack fires there is no one to provide any help and no organisation to enable people to work together to help themselves or to take up their demands to the state. Before when there were fires AbM helped people to refuse the amatins, to access building material and even to secure the building materials meant for the amatins and to divert it into self construction. This is very important because when people are forced into amatins, even if they are at the settlement, people loose their land. They surrender their ownership and autonomy to the state. The KRDC has ears to listen and eyes to see.

4. Intimidation. Kennedy Road is no longer a community. Those that hold the authority were given it by the politicians and they are using intimidation to hold onto their authority. They have continued to chase people out of the community and to destroy people’s homes. This intimidation has destroyed the freedom of the people, their sense of community and their ability to organise themselves together as the strong poor. It turns people who were once the strong poor into scared individuals each just hoping to keep their families safe.

5. Electricity. Electricity was tabled as a big problem. There is now intensive disconnection of electricity. The Land Invasions Unit come to disconnect every day – even on weekends. The people of Kennedy Road can’t charge their cellphones, they can’t cook and have light with safety and there are now fires all the time. They won’t be able to watch the World Cup on TV. Even the highmast lighting that Willies Mchunu installed after the attacks has been disconnected to stop people from connecting to it. When AbM and the KRDC were there we organised very safe connections and we were able to use the organised and collective power of the people to stop disconnections. Now the settlement is dark again.

6. Rubbish. The settlement is very filthy. AbM used to organise clean up campaigns. We were able to negotiate with Durban Solid Waste (DSW) to get some skips at strategic areas in the settlement and then to negotiate to get the skips emptied regularly. Now there is rubbish everywhere, the rats are out of control and people are getting sick, especially children.

7. Community organised services. The crèche no longer runs. The HIV/AIDS Centre no longer runs. The hall is not maintained and it is kept locked up.

8. Employment. From time to time certain jobs come to a shack settlement. There might be some work like cleaning toilets or building something. Whenever some work came the KRDC would discuss it at an open community meeting. We would discuss the jobs and the process for allocating them. The people decided that the best way forward was to decide on the criteria for allocating the jobs and then ask everyone to submit their CV. All the CVs would then be put in a box and the right number would be drawn out, at a meeting, like a lottery. Everyone agreed on this process and no one was excluded from this process on the basis of political affiliation. Now there is no public discussion and the jobs only go to Zandile Mdletshe’s friends. Even ANC members who are not her friends cannot get jobs.

9. Development. There have been no meetings to discuss development since the meeting held to celebrate the attacks that drove us out of the settlement. At that meeting high mast lighting was promised and a promise was made to house everybody by February. The lighting was provided but it has now been disconnected. No houses have been provided and there has been no further discussion about housing.

10. The difference between top down party rule and bottom up self-organisation. People can now make a clear and practical comparison between these two types of politics. It is clear which type delivers people to politicians and which type enables people to determine their own future.

After all the contributions from the Kennedy Road people the KRDC was given the platform. Mzwakhe Mdlalose responded by explaining, once more, the progress that AbM and the KRDC had made in negotiations for land and housing. He said that this progress was a key reason for the attacks. He also said that the KRDC had agreed to risk returning to the settlement to meet the people because the KRDC are still citizens in the community. He made some offers to the meeting. He said that the KRC could:

1. Begin to engage DSW around reinstating refuse collection. But he stressed that this would only work if the community could mobilise to organise to take full ownership of the clean up process and that this would require a communal will to do things for themselves including clean up campaigns, constant engagement with DSW and so on. He stressed that without this mobilisation nothing would work. e.g. skips would not be emptied after a while.
2. Raise the issues of corruption with regard to the employment in the settlement.
3. Produce confirmation that they have continued to negotiate with housing officials about the planned Kennedy Road upgrade.
4. Meet with eThekwini Housing officials to discuss a way forward on the Kennedy Road Upgrade. Kennedy Road residents will be included in this meeting.
5. Insist in all negotiations that the promise of housing in the Cornubia development for those that cannot be accommodated in the upgrade by kept.
6. Stand shoulder to shoulder with the people in the settlement in their courageous refusal to hand over the hard won democracy in the settlement to rule by the few by means of intimidation, violence and fear.
7. Return to the settlement if enough people demonstrated their confidence in the KRDC and were willing to guarantee that they would stand up for their safety.
8. Guarantee that if they did return there would be no revenge and that they would not demand the return of stolen goods and destroyed houses. All that they would ask would be that their land should be returned to them so that they can rebuild.
9. Guarantee that they would resolutely resist all attempts to force people into amatins.
10. Watch that when the local government elections come the politicians are not able to claim that they are delivering what has been won by the people’s struggle.

S’bu Zikode was asked to speak to the Ward Councillor, Yakoob Baig, about getting someone else other than Zandile Mdletshe to get the letters that are needed for people to get grants so that the politics can, again, be taken out of this process. He agreed to do this.

The Dlamini King Brothers returned to the settlement and performed there for the first time since the attacks. DJ Fano from Siyanda also performed. It was a healthy environment for a free discussion. People could forget about fear.

The following way forward was agreed on:

1. Those that could attend the meeting would report back to those who were prevented from attending due to intimidation.
2. AbM and the KRDC will start negotiating with the state and other parties on behalf of its members in the settlement.
3. Everyone will work to end the politics of manufactured fear and to defend the rights to free expression and free association in the settlement.

The intimidation did make the meeting smaller but it didn’t shut it down. The door to democracy in Kennedy Road has been reopened. The new rule, instituted after the attacks and backed up with violence, that said that only the ANC has the right to call meetings has been broken. The freedom to discuss matters openly has been defended.

The struggle continues.

For more information, updates and comment please contact:

The Abahlali baseMjondolo office at 031 – 3046420
Nozuko Hulushe (from the internal Kennedy Road AbM Branch): 082 259 5492
Mzwake Mdlalose (from the exiled KRDC): 072 132 8458

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ANC Intimidation Tries to Prevent the Return of AbM & the KRDC to Kennedy Road

Update: (Sunday 13 June, 15:41) This short statement was received via sms. A longer statement will be issued tomorrow.

The intimidation from Jackson Gumede, Yakoob Baig and Zandile Mdletshe began very early this morning, from 6. People were threatened with having their homes burnt and with death if they attended the meeting today. In the end about 150 people, mostly women, had the courage to resist the manufactured politics of fear and to attend the meeting despite the intimidation. They spoke very well, very powerfully. The police were there, with their helicopter, but they played a very fair role just insisting on the safety of everyone. They were witness to some of the intimidation so if anything happens tonight they will know where to look for the perpetrators.

AbM & KRDC Emergency Press Statement
10:20 a.m. 13 June 2010

ANC Intimidation Tries to Prevent the Return of AbM & the KRDC to Kennedy Road

The police were at Kennedy Road throughout last night. They remained neutral and were just there to keep the peace.

But this morning ANC leaders from outside of the Kennedy Road settlement have arrived at the settlement including the notorious shacklord, Jackson Gumede, who is also head of the ANC BEC for ward 25. It was Gumede who seized control of the Kennedy Road settlement after the attacks last year.

The ANC are currently intimidating people in Kennedy Road not to attend today’s meeting. This intimidation is serious. The ANC in the area have driven many people from their homes and, as they do around the country, they have the power to order to police to arrest people on false charges.

AbM has been told that the ANC have been phoning and mobilising all structures, up to provincial level, to try and stop today’s meeting.

The Kennedy Road AbM branch are contesting the intimidation by using a loudhailer to encourage people to stand up for their rights. So far there have only been threats from the ANC. There has not been any violence. But this intimidation is a clear attack on the basic democratic rights of the residents of Kennedy Road.

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The Poor People’s World Cup

Update: Click here to read a report on the first day of the Poor People’s World Cup in pdf.

The Poor People’s World Cup

After months of organizing a World Cup that is accessible for all the poor communities who won’t be able to see their favourite soccer teams playing in Cape Town’s expensive Greenpoint Stadium – there are only a few hours left until the kick-off of the PPWC starts!

This Poor People’s World Cup is organized, because we feel that we are excluded from the FIFA World Cup 2010. We see that the government has put enormous amounts of money in Greenpoint Stadium and in upgrading Althone stadium, but we as poor communities don’t benefit from all of these investments. The soccer matches will be played in town, but we don’t have tickets or transport to go there. Besides this, the FIFA World Cup has negatively impacted our communities as we are not allowed to trade near stadiums, fan parks and other tourist areas any more. The poor are not only evicted from their trading spaces for the World Cup, we are also evicted from our homes and relocated to the TRA’s, such as Blikkiesdorp, far away from the centre and from job opportunities and from the eyes of the tourists..

We as the Anti-Eviction Campaign and affected communities therefore decided to create our own World Cup: A World Cup that is accessible for everyone!! We therefore invited all the evicted traders to sell their products at the tournament and we invited the people who were evicted from their homes to make space for the FIFA World Cup. Not only the affected communities are invited, our PPWC is open to everyone, as we don’t exclude people from participation!

During this tournament that will be held on the next 4 Sundays, 36 teams from 40 different poor communities (from Guguletu, Michells Plain, Athlone, Delft, etc.), will be representing one of the official World Cup countries. Tomorrow we will start from 10 AM at Avondale (soccer fields next to Athlone stadium) with speeches from Martin Legassick (UWC Emeritus Professor/ housing activist), Michael Premo (Housing is a Human Right) and from communities. After this we will have a soccer game for minus 9 year old’s to kick-off the start of our tournament. Then we will have another speech and we will start with the official tournament at 12:00 (until 17:00).

Besides this PPWC, we are going to have a march on the 21st of June to invite the mayor, Dan Plato as well as people from FIFA to come to our final games on the 4th of July. With this march we want to tell our government and the World that this FIFA World Cup hasn’t bring us any good and that we are even being further marginalized!

We as the Anti-Eviction Campaign and all the affected communities, invite all media, tourists and people who are interested to come to our tournament tomorrow.

We hope to welcome you all to our Poor People’s World Cup!!

For more information, please contact one of the AEC coordinators: Pamela Beukes: 078 5563003, Ashraf Cassiem: 076 1861408,

Mncedisi Twalo 078 5808646, Gary Hartzenberg 072 3925859, Jane Roberts 074 2384236 or Willie Heyn 073 1443619

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Repression of the Landless People’s Movement Spreads to the Harry Gwala Settlement

Saturday, 12 June 2010
Landless People’s Movement Press Statement

The Repression of the Landless People’s Movement Spreads to the Harry Gwala Settlement

The repression that the Landless People’s Movement (LPM) has been facing in Protea South and eTwatwa has now spread to the Harry Gwala settlement near Wattville in Benoni in Ekurhuleni.

On Sunday last week the elderly chairperson of the LPM in the Harry Gwala settlement, Johnson Nokutwana, was arrested on trumped up charges. Mr. Nokutwana was accused of threatening a man who has been abusing people in Harry Gwala by pointing a gun at him.

The police searched Mr. Nokutwana’s home and could not find any gun. Everyone in Harry Gwala knows that Mr. Nokutwana does not own a gun and that the hands of the old man are not working. His hands were badly injured in a work accident. When he wants to pick something up he has to ask someone to help him. There is no way that he could have threatened anyone with a gun.

The real reason why Mr. Nokutwana was arrested is that the local ANC councillor the police to arrest him. When the councillor calls a meeting in the settlement know one comes. When Mr. Nokutwana calls a meeting everyone comes. The councillors is saying that the LPM in Harry Gwala have not right to call themselves a committee. We as the LPM are saying that we have every right to set up our structures where ever we like.

Mr. Nokutwana has been released on bail of R1 000 but the charges have not been dropped.

It is unacceptable that the councillors continue to misuse the police to oppress our movements by harassing and arresting our leaders, or protecting mobs that attack us.

For more information and comment on the situation in the Harry Gwala settlement contact the Harry Gwala Landless People’s Movement spokesperson, Bazino Lihlebi, on 084 704 4144

For more information and comment on the general situation confronted by the Landless People’s Movement in Johannesburg contact the chairperson of the Landless People’s Movement in Gauteng, Maureen Mnisi, on 082 337 4514

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Democracy Now!: Raj Patel on How South Africa Has Cracked Down on the Poor and the Shack Dwellers’ Movement

http://www.democracynow.org/2010/6/11/upside_down_world_cup_raj_patel

“Upside Down World Cup”: Raj Patel on How South Africa Has Cracked Down on the Poor and the Shack Dwellers’ Movement Ahead of the World Cup

As the 2010 World Cup opens in South Africa, Raj Patel looks at one of the most overlooked aspects of this year’s tournament: the ongoing struggle of tens of thousands of shack dwellers across the country. Over the past year, shack settlement leaders in Durban, Johannesburg and Cape Town have been chased from their homes by gangs, arrested, detained without hearing, and assaulted. As the World Cup begins, a shack dwellers’ movement known as Abahlali baseMjondolo is mounting what they call an “Upside Down World Cup” campaign to draw attention to their plight. [includes rush transcript]

AMY GOODMAN: Angelique Kidjo, performing before tens of thousands of people at the World Cup concert in Soweto’s Orlando Stadium in South Africa Thursday. And you can go to our website to see a full interview with Angelique that we did in Copenhagen at the climate change summit. That’s right, today is the opening day of the 2010 World Cup, the most-watched sporting event on the planet. I’m Amy Goodman, with Juan Gonzalez.

JUAN GONZALEZ: Yes, once every four years, the world comes to a standstill as an estimated one billion people across the globe tune in to watch countries compete in what is known as “The Beautiful Game,” football, or soccer, as it’s called here in the United States. For four weeks, thirty-two countries compete in sixty-four matches to vie for the World Cup trophy, perhaps the most coveted prize in all of sports.

This year, the World Cup is being held in South Africa. It’s the first time in history the tournament is held on the African continent. An estimated 350,000 people are expected to visit South Africa for the competition.

AMY GOODMAN: Last night, tens of thousands of people gathered in Soweto’s Orlando Stadium for a celebration concert that featured African stars Angelique Kidjo, Amadou & Mariam, Hugh Masekela, as well as stars from around the world, including Shakira and John Legend and Black Eyed Peas. One of the keynote speakers of the night was South African archbishop and Nobel Peace Prize winner, Desmond Tutu.

DESMOND TUTU: Welcome you all! For Africa is the cradle of humanity! So we welcome you home, all of you! All of you—Germans, French—every single one of you. We are all Africans! We’re all Africans! Oh! Hoo-hoo, hoo-hoo-hoo! And we want to say to the world, thank you for helping this ugly, ugly, ugly worm—caterpillar, which we were, to become—to become a beautiful, beautiful butterfly. We are a beautiful, beautiful butterfly!

JUAN GONZALEZ: At the time of this broadcast, the opening ceremony of the World Cup is underway in Johannesburg. One person that is notably absent from the event is Nelson Mandela. South Africa’s iconic anti-apartheid leader and first black president is mourning the death of his thirteen-year-old great granddaughter, Zenani, who was killed in a car crash as she returned from last night’s concert.

AMY GOODMAN: Well, one of the most overlooked aspects of this year’s World Cup is the ongoing struggle of tens of thousands of shack dwellers across the country. Over the past year, shack settlement leaders in Durban, Johannesburg and Cape Town have been chased from their homes by gangs, arrested, detained without hearing, and assaulted. As the World Cup begins, a shack dwellers’ movement is mounting what they’re calling “Upside Down World Cup” campaign, to draw attention to their plight.

Raj Patel is a visiting scholar at the Center for African Studies at UC Berkeley, an honorary research fellow at the University of KwaZulu-Natal in Durban. He administers the website—well, you’re going to have to say the name of the website, Raj. Tell us the website and what is happening in South Africa.

RAJ PATEL: OK, so the website is Abahlali—A-B-A-H-L-A-L-I.org. And the organization is called the Abahlali baseMjondolo, which is Zulu for “people who live in shacks.” Now, the reason this is an interesting organization is because when we’re seeing all the joy around the World Cup, it’s important to remember, of course, that the World Cup is not an unalloyed good. Not everyone in South Africa is benefiting from the World Cup. And in fact, you know, FIFA, the organization that organizes the World Cup, the Federation of—sorry, the International Federation of Football Associations, is an incredibly powerful organization that in many ways has sort of commandeered the willing South African government to be able to rearrange the country to make it more football- and corporation-friendly.

And so, around all the stadiums, for example, the stadia, are exclusion zones, where street traders have been moved away—informal traders, in some circles as they’re known—and in which a beautification campaign has been carried out. Of course, I mean, this isn’t a terribly new idea. I mean, the sporting events around the world, when they happen in the Global South, have usually been alibis for a few corporations and a few people to profit massively and for governments to engage in what they seem to—what they call beautification, or what more rightly is called gentrification and privatization.

Now, what’s happening in South Africa is very interesting. We’ve seen billions of dollars of subsidy given by the South African government to FIFA. But we’re seeing in the mainstream media stories coming up about how, while a few people, you know, tourists, are enjoying the World Cup, and the World Cup is being broadcast around the world, and while FIFA clearly has the power to get someone like K’naan to rewrite his song, we’re also seeing that poor people are excluded from the World Cup. And that’s an important narrative for us to have. It’s important to see that, for example, informal traders are being moved away. Or, for example, in Durban, artisanal fisherpeople, people who were normally allowed to fish from the piers in Durban, a struggle for which they fought very hard—it was one of the sort of key demands for certain people in the anti-apartheid struggle, is the freedom to be able to fish wherever you like—well, those rights have been rolled back for the duration of the World Cup.

And civil rights have been suspended in some places. I mean, today, for example, there was meant to be a protest in Johannesburg demanding education rights for everyone. But the government has denied the rights—denied the protest permission to march, because the police are otherwise occupied guarding the tourists and making sure that FIFA’s property and intellectual property is being safely guarded.

Now, what the shack dwellers have been saying—and shack dwellers throughout South Africa number in over a million households—shack dwellers are saying that, “Well, actually, we know—and this is a verbatim quote from S’bu Zikode, who is the head of Abahlali baseMjondolo, the president of the organization. He said, “We know that our names are being used to”—we know that—sorry, “We know that we’re going to be excluded, but our names are being used to justify the goodness of our country in the world. But the country is divided. There are certain people who are benefiting, and we are excluded. We want to tell the other side of the story.”

And so, the way that they’re trying going to tell the story is by making themselves visible. Some shack dwellers in Cape Town, for example, will be breaking the exclusion zone to set up shacks to show people how they live. And this is an important counter-narrative, because when the media sort of comes in and tells stories about poor people, what often gets left out is the fact that poor people are not just sitting there twiddling their thumbs. They are organizing, and they are using the World Cup, just as the World Cup is using them. And so, they’re using the World Cup as an opportunity to show the rest of the world how they live and the conditions in which they have been left to wait for development to come. So, in Cape Town, for example, there will be shack dwellers outside the exclusion zone—or sorry, within the exclusion zone, and there is a danger that they will be arrested.

And within Durban, shack dwellers who were chased from their homes last year will be trying to get back into their communities. They’ve been asked back by the communities that—where the violence that excluded them happened. And they’ve been asked back, in large part, by women. Now, the organizing that shack dweller organizations like Abahlali do are the kind of organizing that are actually very gender-sensitive. They provide childcare, they provide HIV/AIDS drop-in centers, all the things that are desperately needed in communities of poor people. And, of course, when we hear the World Cup, when we hear stories about the World Cup, gender is the one thing that gets dropped out. And so, what we’re seeing is a demand from women in shacks for their leadership and for organizations to come back and to provide support. And so, in this moment of World Cup celebration, what organizations of poor people are hoping is that the world media will pay a little bit of attention to what they’re doing and to provide some cover for the organizing that will happen long after the World Cup ends and the final whistle blows.

JUAN GONZALEZ: And Raj, I’d like to ask you, about $6 billion was spent in the building of these various stadiums. How did the government finance all of this, given the huge problems and disparities, income disparities, that still exist in the country?

RAJ PATEL: Well, I mean, debt is the main way. I mean, the government has siphoned resources away from other projects, and there’s been a huge opportunity cost. This is money that shack dwellers and other people have been saying could have been going to housing, could have been going to education, could have been going to healthcare. But it’s been diverted to provide these white elephant stadiums, as Desmond Tutu called them, stadiums that will be scaled back or, in some cases, left to rot after the final whistle blows.

AMY GOODMAN: Well, Raj Patel, we want to thank you very much for being with us. Among everything else, he is the author of The Value of Nothing: How to Reshape Market Society and Reclaim Democracy.

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The Huffington Post: Off-Side at the World Cup

http://www.huffingtonpost.com/raj-patel/off-side-at-the-world-cup_b_607951.html

Off-Side at the World Cup

Raj Patel
Author, “The Value of Nothing”

When the World Cup begins in South Africa on Friday, anyone who has ever kicked a ball will be able to follow along — soccer is elegant, straightforward and simple to understand. The Beautiful Game does, however, have a regulation that stops play, reverses the game and routinely baffles neophytes: the off-side rule. To understand it, spectators need only look outside the billion dollar stadiums to the streets of Cape Town, Durban and Johannesburg, for they are filled with off-side people, those whom the Rainbow Nation has yet to embrace.

The complexities of the off-side rule are almost indescribable on paper — it’s best explained with pepper-pots or, these days, YouTube. But the regulation is essentially this: It’s okay to loiter wherever you want on the football field, but if you find yourself behind your opponent’s lines in the wrong place when a ball is kicked your way, you can watch it fall, but cannot play it. Behind the lines of rivals, seeing events unfold, but unable to join in the game: That happens all the time in South Africa.

In particular, such is the plight of more than ten million South Africans without proper housing, many living in legal limbo throughout South Africa’s cities, under bridges, near trash dumps, on slopes and beyond the brows of hills. They’ll be enjoying the World Cup, welcoming their foreign visitors, and the glare of the international media might provide some cover for them to tell their story of 20 years off-side in South Africa.

Under apartheid, blacks were often violently removed from city centers, expelled to rural areas or forcibly relocated to the townships. When apartheid crumbled, so did the restrictions on movement that had hemmed in a large rural population. On taking power in 1994, Nelson Mandela’s African National Congress (ANC) government demobilized the popular movements that brought them to power and swapped apartheid economic dogma for neoliberal doctrine.

The government deregulated the economy, shrank the state, and opened local markets to the winds of international competition. The result: Jobs left the cities at precisely the time that new people arrived to take them, and social safety nets were cut to tatters. South Africa’s human development ranking fell from 95th in 1995 to 129th out of 158 countries in 2009

Through the 1990s and 2000s, temporary shacks became permanent homes for 1.8 million households. In cities, settlements blossomed in and around the middle class communities where a few residents found work as security guards, domestic workers, and day laborers. Work remains scarce, and formal unemployment rates in settlements routinely top 70%. When elections loom, shack communities are generally tolerated by local government officials because they offer a way to tuck wads of poor black ANC voters into wealthier and more conservative neighborhoods. Patronage pulses through the shacks during South Africa’s electoral seasons, but dries up during incumbent years.

The ANC insists that the worst of apartheid is over, that the ruling party has led a massive construction program to house the homeless, and that development is coming. Under apartheid, though, township houses stretched over approximately 580 square feet. Today’s shack dwellers are lucky to be relocated to homes with an interior space of 390 square feet, many miles from their work, schools and communities. Even then, tenure is insecure. As the World Cup opens, several Cape Town families face eviction because developers increased rents from $38 to $193 per month. Those who haven’t been given housing yet are encouraged to be patient.

Rather than wait another decade, shack dwellers have organized, protested and petitioned. The Abahlali baseMjondolo movement, a group of over 30,000 shack dwellers from across the country (and whose website I manage), recently took the government to South Africa’s highest court, and won. The Constitutional Court struck down a ‘Slums Act’ that would have effectively criminalized being so poor as to need a shack.

As Amnesty International has noted, though, the weight of these legal victories have been undercut by local violence against Abahlali’s leaders. Over the past year, shack settlement leaders in Durban, Johannesburg and Cape Town have been chased from their homes by gangs, arrested, detained without hearing and assaulted. The police have done little to help, and much to hinder, investigations into these human rights abuses.

As the World Cup begins, Abahlali are mounting an ‘Upside Down World Cup’ campaign to draw attention to apartheid’s unfinished business. In Cape Town, they will set up tin shacks outside the Green Point Stadium, positioning themselves off-side, to show how they live. Their greatest threat to the South African government is their visibility, and the activists fear violent arrest.

Yet their only demand is the chance to make the rules on the same terms as everyone else. In setting up their shacks in full view, shack dweller activists hope to turn the streams of passing fans not into spectators, but into team players who might, from their home countries, be able to hold the South African government to their rhetoric long after the Cup’s final whistle blows.

Raj Patel is a Visiting Scholar at the Center for African Studies at UC Berkeley, an Honorary Research Fellow at the University of KwaZulu-Natal in Durban, and administers the website of the Abahlali baseMjondolo shackdwellers organization at www.abahlali.org. He is also the author of the international bestseller, The Value of Nothing: How To Reshape Market Society and Reclaim Democracy (Picador).

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Wall Street Journal: Soweto Turns Anger on ANC

http://online.wsj.com/article/SB10001424052748703957604575272622631938324.html

Soweto Turns Anger on ANC
As World Cup Opens, South Africa’s Poor Complain of Neglect

By PETER WONACOTT

SOWETO, South Africa—In 1994, the township of Soweto helped midwife a new nation, toppling a white racist regime after years of protests and electing Nelson Mandela as South Africa’s first black president.

Today, Soweto is home to upscale shopping malls, tidy row houses and a state-of-the-art sports stadium that will host Friday’s opening of the World Cup. As barriers to government and jobs have fallen and foreign investment has picked up, a black middle class has emerged, a cornerstone of the new South Africa that will be showcased during the month-long soccer tournament.

But prosperity has spread only so far. And 16 years after the end of white minority rule, many here now complain of oppression of a different sort: government neglect.

This time, the sing-song marches, angry slogans and burning tires are most often directed at the African National Congress, the ruling party of Mr. Mandela and South Africa’s current president, Jacob Zuma.

Undulating over Soweto’s hills in southern Johannesburg are oceans of corrugated metal shacks. In these settlements, roads are dirt, toilets are outdoors and electricity is pilfered from traffic lights. Incensed citizen groups have protested the lack of public services, turning Soweto and other townships into hotbeds of unrest once again.

“At least under apartheid, there was employment—people knew where to go for jobs,” says Maureen Mnisi, a spokeswoman for the Landless People’s Movement in Soweto, a group that is fighting for housing and land for the poor. “Officials were accountable.”

In poor sections of Soweto and other black townships in South Africa, residents are up in arms. They say the government is more interested in World Cup glory than the condition of their communities. WSJ’s Noah Rosenberg reports.

The protests highlight a widening rift between the ANC and the black poor it professes to represent. They are part of a broader picture of disarray cascading down from the top of South Africa’s ruling party, as it grapples with infighting and the personal troubles of its polygamous president.

“I’m not concerned that the country is in crisis,” says Steven Friedman, director of the Centre for the Study of Democracy at University of Johannesburg. “I have no doubt that the ANC is in crisis.”

As the World Cup approaches, the nation shows little sign of splitting apart along racial lines. South African flags flying from cars and the diverse following for the national soccer team are public displays of widespread patriotism. For many, the fan frenzy is a reminder of how South Africa’s 1995 rugby world championship—made famous by the Clint Eastwood movie “Invictus”—broke down barriers between blacks and whites.

“It is clear that millions of our people have waited for years and look upon this tournament with hope, pride and a sense of belonging,” President Zuma told a press conference Sunday. “Sport has always played an important role in our historical mission to build a united, non-racial and prosperous South Africa.”

But also ahead of the World Cup, South Africa has become an increasingly fractious place. Although race remains a source of tension, economic concerns have stoked many of the protests.

Last month, the nation endured a debilitating three-week transport strike before the state-owned ports and rail operator settled on a hefty wage increase for workers. Cosatu, an umbrella group of trade unions and a powerful ANC ally, has warned of possible labor strikes during the World Cup, if authorities do not reverse double-digit electricity price increases. Last week, several thousand hospital workers walked off their jobs over pay issues.

Meanwhile, a hodgepodge of social activist groups have threatened marches during the World Cup. The South African Institute of Race Relations, a think tank in Johannesburg, estimates that 25 “major centers of protest” have surfaced this year, nearly all in black townships. The World Cup has galvanized protesters, largely because of the leverage they have over a state anxious to host a trouble-free event, according to Frans Cronje, deputy chief executive of the institute.

“It’s a useful moment to protest because the stakes are so much higher for the government,” he says.

President Zuma didn’t respond to interview requests.

The stakes are also high for the party behind the government. The ruling ANC continues to hold the vast majority of seats in parliament, but it’s come under pressure from a vocal opposition and a freewheeling local media. Like liberation parties in other countries, such as the Indian National Congress of India, the ANC has struggled to show it can deliver political freedoms as well as a better standard of living for the poor.

Nearly a century old, the ANC was founded to unite Africans in the quest for human rights. In the 1950s, the organization gained a mass following with campaigns that defied South Africa’s laws of racial segregation, a system known as apartheid. In the 1960s, the ANC took up arms against the government. Many ANC leaders, including Mr. Mandela, ended up in jail.

It wasn’t until 1990 that the government of South Africa—under pressure from township protests and economic sanctions from foreign countries—lifted a ban on the party. Mr. Mandela and others were released from prison and, in elections four years later, catapulted into power. Since then, the ANC has focused on racial reconciliation with whites and extending new opportunities for blacks through affirmative action policies.

The affable Mr. Zuma, the son of a domestic worker, became president last year by winning the top post at the ANC. Neither charges of corruption, linked to a government arms deal, nor a rape trial derailed his path to power. (The corruption charges were dropped and Mr. Zuma was acquitted of rape).

But personal troubles have become a part of his presidency. Earlier this year, the president admitted to fathering a 20th child with a woman who wasn’t one of his three wives or one fiancée. The affair sparked an outcry, even in a country where polygamy is legal. Mr. Zuma apologized to his supporters and paid damages to the family of the woman, whose father, Irvin Khoza, is the chairman of South Africa’s World Cup Organizing Committee.

Mr. Zuma’s troubles aren’t only personal.

ANC leaders have feuded with Cosatu, a government ally, over allegations the leader of the trade union group made about government corruption. Meanwhile, the head of the powerful ANC Youth League, Julius Malema, was threatened with suspension and ordered to attend anger management classes for lashing out at Mr. Zuma, among other offenses. Some officials and analysts see the political battles as the opening salvos within the ANC to succeed Mr. Zuma, after his term as party head expires in 2012.

Beyond the infighting, Mr. Zuma confronts major economic challenges. Despite South Africa surfacing from recession this year, and a binge of World Cup infrastructure spending, the overall job picture hasn’t improved. Unemployment hovers at around 25%.

While Mr. Zuma assumed the presidency with a reputation as an economic populist, he has steered clear of steps that would frighten foreign investors. For example, the president and his ministers have reassured global miners that nationalization isn’t official policy, even as he has tried to appease the party left by allowing debate on the subject.

Still, foreign investors worry about political stability, violent crime and the huge uneducated black underclass giving rise to both. Business executives wonder how long Mr. Zuma will be in the job after appearing to lose political capital with his personal peccadillos and failure to staunch party infighting sooner.

Some experts argue that the protests in townships are indeed a wakeup call for a government that has ignored its black underclass at its own peril. “We were never a rainbow nation, never a miracle,” says Sipho Seepe, a director at the South African Institute of Race Relations. “We created a myth of success without the hard work.”

The makeshift settlements of Soweto show how much hard work is left to do.

On a recent Friday in Elias Motsoaledi Village, protesters sang and danced to anti-apartheid songs, but these days the goal of their struggle is reliable electricity and decent housing.

The mud-puddle pocked village is about five miles from South Africa’s flagship stadium, the more-than $400 million Soccer City, which will host the opening World Cup match between South Africa and Mexico. Motsoaledi residents say they are angry that funds have passed over them for the soccer stadium. One cardboard sign says: “We vote 4 basic services not for the World Cup.”

The protests are led by Lucky Ngobeni, chairman of the Concerned Residents of Elias Motsoaledi Village. Mr. Ngobeni voted for Mr. Mandela. But now, he’s protesting a successor who he accuses of ignoring people like him.

“Zuma pretends he doesn’t know what’s happening here. He knows,” says the 33-year old part-time security guard.

Mr. Ngobeni, who prefers to be called Comrade Lucky, has been plunked by rubber bullets and arrested several times, but continues to court confrontation. He says that burning tires and smashing windows attracts crowds and police, which in turn draw media attention and politicians who normally would avoid him.

“We can wait six months for a meeting” with a top city official, says Mr. Ngobeni, striding along the open sewage canals of Motsoaledi. “Burn a police car and he’ll be here in an hour.”

In an email, the Gauteng Provincial Government Department of Local Government and Housing says that feasibility studies for housing and sewage projects in the settlement have been approved and are awaiting contractors. The department didn’t respond to questions about protests.

The militant edge to the protests is matched by the fiery rhetoric among Soweto residents. At a recent meeting of the Concerned Residents of Soweto, an umbrella organization of different groups of the township, the talk was of how the ANC has forgotten those who supported them in the apartheid years and brought them into power.

Some issue angry threats. “We are going to struggle against Zuma and his coterie until he runs out of this country,” declared Thandi Bamalekane, to the applause of the others.

But the mood is somber when discussion turns to how electricity prices are rising out of reach for ordinary residents and possible plans to charge people for drinking water. A change of government hasn’t lifted living standards for those living in the settlements, according to Ben Tau, one of the members of the Concerned Residents of Soweto.

“We were victims of apartheid. We are victims of democracy now,” he says. “It’s only the name that’s changed.”

President Zuma announced recently that he’s reconfiguring the government to speed up delivery of services to the poor. He has also paid visits to troubled townships to inspect recent work and defuse tensions among residents.

One of them is Siyathemba Township, a mining area in the country’s east. After recent public service protests, Mr. Zuma promised to report back on government progress resolving the problems. On a Saturday afternoon last month, the president returned to speak to an audience under a green banner, “Changing the Way Government Works.”

Mr. Zuma received an earful from locals. Signs in the crowd criticized a decision to place the township under the administration of another province that’s viewed as poorly administered. Clinics, schools and police were considered too few and far between. Some jeered his ministers who spoke before him.

“Put down your placards,” the president urged the crowd when he reached podium. “I have seen them.”

Mr. Zuma reminded the crowd that he grew up poor and understood their grievances. He promised the government was working on plans to improve public services. He concluded by singing a popular anti-apartheid song, “Bring Me My Machine Gun.” The crowd cheered and danced along with him.

After walking off the stage, the South African president told a small group of reporters that people needed to be more patient. “We must not be agitated,” he said. “We must leave the matters to us, the government.”

Write to Peter Wonacott at peter.wonacott@wsj.com

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Canale TV Rainews 24: Mondiali al contrario

here to watch this video at the Canale TV Rainews 24 website (it is in Italiano and English).

We are all agreed that there is a serious crisis in our country. The poor are being pushed out of any meaningful access to citizenship. We are becoming poorer. We are being forced off our land and out of our cities. The councillor system has become a form of top down political control. It does not take our voices upwards. The democracy that we won in 1994 is turning into a system of oppression for the poor.

The World Cup in South Africa doesn’t mean anything to the poor people. That is so unfortunate for us poor people because we are not going to benefit anything out of it. We as a movement believe that the construction of the stadiums was at the cost of the poor people. Because we feel that the government decided to make preparations for the World Cup instead of building us the houses that we were promised since 1994. No we feel betrayed because we have realised that the funds are available to build these houses but we feel that we are being sidelined. The World Cup is a great event for African and South Africa. We are supposed to be happy but we are not. How can we be happy to go and watch the people playing for the World Cup and yet when the games are over we go back to the very same shacks where there is no food, no water, no electricity.

Well Abahlali in South Africa, I can safely say that they are the only movement that addresses the problems of the poor people, the social problems of the poor people. Abahlali movement is the movement that amplifies the voice of the voiceless. Because if you say something as a poor person no one is prepared to listen to you. But as a collective, as a movement, we have managed to get some of the attention.

We also work with churches like the Diakonia and the DDC and, yes, other NGOs. But the NGOs that are, in particular, working towards developing the culture of a bottom up approach. Because as an organisation we refuse for some other people to take decisions for us. The movement is controlled by the people and we want it to remain so.

Unfortunately the government regards Abahlali baseMjondolo as a threat to the state security. But I wish to put this message across. That Abahlali baseMjondolo is only a social movement. It will never be a threat to the government, it will never be a threat to the state security. We are only seeking for justice, social justice in our communities. We believe that the government that is in power now is our government. We voted them into power. So we feel that it will be stupid for the South African community to break the very same government that we have put into power. We are seeking for social justice in the community. We want the government to work for the people, not to decide for the people.

If you look at the amount of monies that have been spent a lot of houses could have been built, a lot of basic services could have been delivered to the poor people during the period from 1994 up until 2009. As a member of Abahlali we stand deep rooted to our decisions. We won’t be going to the stadiums as an organisation Abahlali.

But we know that the security is tight in South Africa. We are the responsible leaders of the movement. We do not want to risk causalities. But we are busy deciding on some other means to demonstrate peacefully that we are not happy about the World Cup.

– Thembani Ngongoma, Canale TV Rainews 24

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The Return to Kennedy Road Campaign

Abahlali baseMjondolo & the Kennedy Development Committee
Press Statement, Thursday 10 June 2010

The Return to Kennedy Road Campaign

The truth remains. The truth frees. The truth cannot be hidden with lies for ever.

For lies to continue to hide the truth they must be constantly sustained and maintained. For truth to be able to emerge from under the lies we have to constantly remember what has really been said and done, by whom and for what purpose.

We have often said that the attack on our movement in the Kennedy Road settlement on the 26th and 27th of September last year was planned at a very high political level. It was planned outside of the Kennedy Road settlement.

The attack took the lives of two people; drove our leaders, their families, their friends and comrades out of the Kennedy Road settlement and left thousands of people homeless and displaced. Thirteen people were arrested for the crime that was planned after several meetings of the ANC structures in and outside the settlement. Eight months later five of those people remain in Westville prison without bail and without any evidence being brought against them.

We have warned that some of the people of Kennedy Road were made to be involved in the attack by turning their anger on their own brothers and sisters. This is something that happened elsewhere in the country in May 2008. It is now happening in eTwatwa. The residents of Kennedy Road who joined this attack had no idea of what was really going on, why they were being made to attack their own neighbours or who their real enemies are. Even those whose lives were lost may not have known the real reasons why they were fighting. The anger and desperation of people was exploited by those who remoted them to attack their neighbours. Those whose homes and belongings were destroyed or burnt still cannot explain why the poor were used to attack the poor. It makes no sense for any one of us. It only makes sense for those who wish to divide the poor.

The South African Police Services (SAPS) and the Metro Police were at the scene during the attack and can also not explain how they were remoted by the political authorities that instructed them which lives to protect and which lives not to protect. They must have feared to lose their jobs if they acted justly and lawfully.

For a long time now the Kennedy Road Development Committee (KRDC) have been receiving calls from several individual and groups in the Kennedy Road settlement asking them to return to the settlement.

The people and groups that are demanding the return of the KRDC are saying that the daily life in the settlement has become very threatening and frustrating without the self organisation of the settlement by and for its residents. The KRDC were elected by that process of self organisation. Since the KRDC, as the representatives elected by the self organisation of the poor by the poor and for the poor, were driven from the settlement everything that had been built up and achieved in the settlement has been butchered. There is no more crèche. There is no more care for the sick. There is no more ability to negotiate with the police and the state for a position of collective strength. The crime rate has increased enormously. Kennedy Road has become a settlement of fear and hopeless where there is no law and there is no order.

Willies Mchunu, the MEC for Safety and Security in KwaZulu-Natal, replaced our elected leadership with a Community Policing Forum. But this has not brought safety or security. The community is being abused in many ways.

Once again fires are being used as an excuse to force people into the amatins. The eThekwini Municipality is constantly disconnecting people from electricity. When people reconnect the connections are not properly organised and some connections are dangerous. The settlement has returned to darkness and fear.

Like they did in the old days, before we organised ourselves, the SAPS come to the settlement, kick in people’s doors and sometimes steal their belongings and money.

Once again, like in the past, the politicians are making their empty promises and disrespecting the people. After the attack Nigel Gumede, the Chairperson of the Housing Portfolio Committee in the eThekwini Municipality, together with Willies Mchunu, promised that the community will be housed by February 2010. Now Gumede and Mchunu are nowhere to be found. No one tells the community anything. Once again the people of Kennedy Road are on their own.

The community has begun to reorganise itself and to remobilise itself. An underground branch of Abahlali baseMjondolo has been running for sometime. Recently recruitment to the Abahlali baseMjondolo branch has become more open. In recent days there have been open discussions about the return of the KRDC, its families and others who were displaced. The KRDC has raised the issue of the safety of those who are being asked to return. They have also insisted that either everyone who was displaced will return or no one will return. Those who are calling for the return of the KRDC have said that they have suffered enough and that they will guarantee the safety of the KRDC. A petition calling for the return of the KRDC to the settlement has been openly circulated in the last two days and more than five hundred people have already signed it. Most of these people are women. They cannot guarantee the behaviour of the few people in the settlement who remain loyal to the local ANC councillor, Yakoob Baig, and the local chairperson of the Branch Executive Committee of the ANC, Jackson Gumede. But they have committed themselves to guarantee the safety of everyone that they have asked to return. They will not make this guarantee real with guns and knives. The will make it real with the right that every mother has to insist on the safety of her home and her family. Anyone who plans to attack the KRDC will have to face these women and the strength of their motherliness first.

Along with being the chairperson of the ANC BEC in the area Gumede is a shacklord in the nearby Lacy Road settlement. After the attack he, with the support of Baig and the police, seized control of the settlement. He was chased out of the Kennedy Road settlement in February this year after the ANC failed to respond to the community’s needs after the terrible fires in Kennedy Road.

The Abahlali baseMjondolo leadership and the KRDC have agreed and confirmed that that they will return to Kennedy Road this Sunday and hold an open and public meeting with the Kennedy Road community.

We are willing to return to Kennedy Road. The community understands that the attack on our leaders and our movement was a political plot driven from outside and high up. The history of the truth in this beautiful settlement, beautiful because it became the ground of our hope, will not be wiped away.

We believe that the demand for our return is a democratic and legitimate act by the community to express their vote of no confidence in Baig and those who are trying to impose their authority in the settlement.

Our return to Kennedy Road on Sunday will be completely different to the violence and hatred that drove us out. We will not come with weapons and division. There is no need for the government to send in the riot squad, the water cannons and their helicopters. We will come with open discussion, with isicathimyia and with prayer. Bishop Dladla from the Zionist Christian Church, who was able to remain in the settlement after the attack, will open the meeting with prayer. The Dlamini King Brothers, who were also exiled in the attack, will sing at the meeting.

The meeting on Sunday will be shaped by people’s discussions. We, as elected leaders, will be guided by those discussions. If those discussions conclude that we should return permanently then we will do so. If it is agree that we should return permanently then the first item that we will have to discuss will be to set a date for an election for the 2010 KRDC. The current KRDC were elected for 2009 and then driven from office and their homes in September 2009. Therefore an election needs to be held to elect a KRDC for 2010.

Those few in the settlement who joined the attack on us need not fear our return. We will not be seeking any revenge. We will not be demanding compensation for our destroyed homes, our stolen goods and our time in exile. We wish to move beyond the tragedy of the poor being remoted to attack the poor and to unite the community behind its self organisation. Our duty is to unite the poor and to demand justice from the rich and from the state. We refuse to be made to fight each other. Those who wish to remain active members of the ANC will be free to do so. We will ask only that they respect the democratic process in the settlement.

The meeting that has been called for the return of the KRDC and the AbM leadership to the Kennedy Road settlement will be held at 10:00 on Sunday 13 June 2010 at the Springfield College Sports Ground which is right next to the settlement.

While the rich are in their stadiums waving their flags and watching football, a game that many of our members play and love, we will be taking forward the responsibility of building the real nation. The nation that excludes no one, the nation in which everyone counts, the nation in which a shack settlement is a community to be supported and not a slum to be eradicated, a nation in which the self organisation of the poor is recognised as the foundation of our democracy and not a threat to society to be smashed by any means necessary.

The World Cup will go but our suffering will remain. Any responsible leader has a duty to concentrate on building the power of the people.

The meeting that will be held this Sunday will, as always, be open to all. The media are welcome to attend.

We also wish to inform the media that yesterday the case of assault that Zibuyile Ngcobo had laid against Nozuko Hulushe was thrown out by the court. Nozuku is the AbM activist who was assaulted by Ngcobo after insisting, courageously, on her right to organise freely for AbM in the settlement. Nozuku’s case against Ngcobo is going forward.

For further information and comment please contact:

Nozuko Hulushe (from the internal Kennedy Road AbM Branch): 082 259 5492
Mzwake Mdlalose (from the exiled KRDC): 072 132 8458
Mnikelo Ndabankulu (Abahlali baseMjondolo Spokesperson): 079 745 0653

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The Right to the City Campaign in Cape Town

Urgent Press Statement
Abahlali baseMjondolo of the Western Cape

Count Down

The Right to the City Campaign

Abahlali baseMjondolo of the Western Cape, 21 days ago launched it’s ‘the right to the city campaign’. Today the world and South Africans are counting few days before the kick off of the 2010 FiFa World cup, also Abahlali baseMjondolo of the Western Cape is counting few hours before kick starting it’s campaign.

Part of the aim of the campaign is to build shacks outside Green Point soccer stadium at Cape Town, occupying governmental offices, invading open public spaces within the city and occupying unused hotels, flats and schools within the City.

Tomorrow, the 11th June 2010 is the first day of our campaign, about 100 members of Abahlali baseMjondolo will meet at Cape Town next to Cape Peninsula University of Technology (CPUT) at Keizerngracht Street at 10:00 from there we will proceed to where our protest is going to take place.

Our action in terms of South African Gatherings Act is viewed as illegal, as it suggest that we need to notify the police 14 days before such action but according to us our action is genuine and legitimate and we see no reason for us to notify them while we are going to occupy their offices because we refused to be controlled in any way in our actions.

All media agencies are invited to expose the police and governmental arrogance towards the poorest of the poor. We want the world to see how the poor are denied the right to well located land by South African Government and by the City of Toilets or the ‘Shit City’ (The City of Cape Town).

For more information please contact Mr. Qona at 076 875 9533 or Nobantu Goniwe at 078 760 5246

PLEASE NOTE: AS WE SPEAK ABAHLALI BRANCH AT QQ ARE CURRENTLY BUSY BURNING TYRES AT LANSDOWN ROAD OPPOSITE QQ IN PREPARATION OF TOMORROW’S ACTION AND MEDIA URGENCIES ARE URGED TO RUSH TO THE SCENE. FOR DIRECTION AND COMENTS PLEASE CALL Mbongeni Mkhaliphi at 076 981 6945

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The Protea South Five & the eTwatwa Twelve Have Been Released

Landless People’s Movement Press Statement
8 June 2010

The Protea South Five & the eTwatwa Twelve Have Been Released

All of the Protea South Five, arrested after the electricity war in Protea South, Soweto, have been released on the grounds that ‘there is no evidence against them’. None of the five were harmed while in detention. A sixth person from Protea South (who is not an LPM member) has now been arrested and charged with burning the transformer. There are currently conflicting reports at to whether or not there has been an arrest for the murder of the LPM activist shot by the Homeowners’ Association in Protea South.

In eTwatwa, Ekurhuleni, seven of the twelve people that were finally arrested have been released with all charges dropped. The other five have been released on bail but still have charges pending. No one has been arrested for the burning of the homes of two LPM militants. No one has been arrested for the murder of the the activist shot by the police in eTwatwa. Is there a licence to shoot activists with the intention to kill? Why are we arrested when there is no evidence against us but others can kill us freely?

The LPM condemns the way in which the police arrest activists against whom they have no evidence in the strongest terms. Across the country all of our movements are increasingly facing the systematic misuse of power of arrest granted to the police as a form of intimidation against militants. We are arrested all the time without any evidence being brought against us. The arrest itself has become the punishment. People are often assaulted while they are being arrested. Very often it is the ward councillors that are directing the police to arrest people.

The struggle against oppression by ward councillors will continue.

For further information and comment please contact the chairperson of the Landless People’s Movement in Gauteng, Maureen Mnisi, on 082 337 4514 or David Mathontsi, Chairperson of the eTwatwa Landless People’s Movement, on 076 486 0569.

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Chomsky Allstars – ‘The Beautiful Gain’

CHOMSKY ALLSTARS – 'The Beautiful Gain'

 



 

With the media's gaze fixed on the soccer World Cup, Chomsky Allstars’
new single throws a harsh spotlight on South Africa's 'beautification' of
the country in the run-up to the tournament.

Blending punk, blues, dub and Afrobeat, 'The Beautiful Gain', with its
infectious melody and sublime rhythms, is set to become the 'Free Nelson
Mandela' of the 21st century.

Fresh from their storming performance at this year's Strummercamp festival,
Chomsky Allstars also feature on the internationally-acclaimed charity CD
'Shatter The Hotel', while lead singer Chomsky provides guest vocals on Cut
La Roc’s latest album 'Larger Than Life', alongside Snow Patrol's Gary
Lightbody.

For the full story behind 'The Beautiful Gain', see:
http://abahlali.org/?p=6252

The promo video for short version can be viewed at:
http://www.youtube.com/watch?v=PuqOJJw4mD4

For the latest band news go to:
www.myspace.com/chomskyallstars
or:
www.facebook.com/pages/Chomsky-Allstars/70660749768?ref=ts

The full version of the track can be purchased from:
www.chomskyallstars.bandcamp.com
or the usual digital outlets, with a proportion of the song's proceeds
being donated to South Africa's anti-eviction campaigners.

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A bishop’s pursuit of justice for South Africa’s shack dwellers

http://www.christiantoday.com/article/a.bishops.pursuit.of.justice.for.south.africas.shack.dwellers/26028.htm

A bishop’s pursuit of justice for South Africa’s shack dwellers

The Bishop of Natal in South Africa, Rubin Phillip, speaks here about the struggle for justice for the nation’s shack dwellers and his commitment to seeing those in suffering take charge of their own destiny.

by Emma Pomfret, Christian Aid Thursday, June 3, 2010

The first black South African to hold the position of Bishop of the Anglican Diocese of Natal, and chairman of the KwaZulu-Natal Christian Council (KZNCC), Rubin Phillip is currently in the UK to raise awareness about the plight of the Durban-based shack-dweller movement, Abahlali baseMjondolo.

Abahlali have insisted on speaking for themselves about the realities of the poor, and on the right of the poor themselves to shape their own lives. For this, they have won support in many shack settlements, and have also incurred the wrath of the political establishment.

In September 2009 Abahlali baseMjondolo (AbM) leaders were attacked in the Durban-based Kennedy Road settlement by an armed mob chanting ethnic slogans. The police refused to come to the aid of AbM and only stepped in to disable spontaneous resistance to the mob. Two lives were lost during the attempt to mount a defence against the mob, and the homes of more than 30 AbM leaders were destroyed and looted following which local leaders of the ruling party seized control of the settlement.

Leaders of the ruling political party in the city and the province attacked the movement in extremely strong language in the days following the attack, accusing the movement of being criminals and ‘anti-development’. Twelve supporters of AbM were arrested in relation to the attack on the movement, and eight months later they are still waiting for the presentation of evidence from the state.

The Kennedy Road attacks were explicitly directed at Abahlali baseMjondolo as a movement, and its activists and supporters.

Three weeks after the attacks AbM succeeded in having the Slums Act declared unconstitutional in the Constitutional Court. It was a remarkable victory. This Act gave the provincial Minister of Housing the powers to make it mandatory for landowners and municipalities to institute eviction proceedings against shack dwellers. The Act undermined tenure security for all shack dwellers in the province.

Despite this victory at the Constitutional Court, supporters of the ruling party were simultaneously openly issuing public death threats against the movement’s leadership in the context of intense hostility to the movement from local party leaders and police officers.

The church believes it is imperative to establish, publicly and with confidence, the truth of what has happened and to help ensure that those who are found to be responsible are held accountable. This call has found wide support in South Africa and around the world.

As the Bishop of the Anglican Diocese of Natal (KZN), with the support of the KZN Church Leaders’ Group, Bishop Rubin Phillip will accordingly appoint a properly independent Commission. This is the first time the ANC will have been challenged at a national level since their ascent to power in 1994.

He speaks to us more here:

What initially inspired you to get involved with Abahlali?

RP: I got involved because of my long-standing participation in peace and justice issues. As a young priest I was involved in the Black Consciousness Movement with Steve Biko and deputy president of the South African Students’ Organisation (Saso) in 1969, and my participation in the struggle for justice has continued, I have never stopped, even when I became a Bishop. So when I was invited to meet with the leaders of Abahlali a few years ago to hear about their struggles and problems I knew that, as a church leader, there were important issues of justice and democracy at stake and I could throw my lot in with them.

I have attended meetings, memorials, mass ecumenical prayers, marches and even Abahlali’s UnFreedom Day to show that the freedom poor South African’s were promised in 1994 has not been a reality for a large majority of poor, oppressed people.

The fact that Abahlali was – and still is – so full of initiative and dedication, is a huge inspiration. When I first met the group leaders they were in control of their situation and they weren’t asking anybody to come into direct them or to speak on their behalf or anything like that, rather they simply wanted people to come to stand in solidarity with them. I think it’s fantastic that people who are suffering and living in desperate situations on a daily basis are able to take charge of their destiny and future.

But it wasn’t just words – they were already involved in practical projects in the community such as an HIV programme and a feeding scheme, despite having very few resources. There is real hope for change among these people, and it is blossoming out of very little, which always inspires me.

What of Abahlali’s on-going struggle for land, housing and dignity?

RP: So often people think of those informal settlements or slums as hopeless places, but they are thriving communities where people feel a real sense of pride in belonging to that particular land. These people don’t want to be told where to live, in isolated areas away from the city, which is why I was so happy to support the group in challenging the constitutionality of the KZN Slums Act.

I demanded the political leadership of KZN to acknowledge the legitimacy of Abahlali base Mjondolo as a democratically elected, non-aligned movement of the people and work with them and not against them. This government in particular should know that when you suppress the voices and political aspirations you never win. This is the tale of a small, under-resourced organisation taking on the terrifying might of the government and I applaud them wholeheartedly.

We really cannot underestimate the importance of this victory, not only for Abahlali but any individual or group in South Africa fighting for their fundamental human rights. This legal precedent set by Abahlali could quite literally change the tenure rights lives and therefore lives of millions of people across South Africa, so if I can use my position as a Bishop to help alleviate people’s suffering and bring about change then that’s what I will do. That is my duty and my prerogative.

The movement has imprisoned leaders and the political paradox between Abahlali and the political establishment…

Because of the political nature of the case five of Abahlali’s leaders remain in prison and seven are on bail as the case keeps getting remanded. We think that is because the local government is bent on keeping them inside to show people that they’re tough, they mean business, and that they won’t be challenged. Abahlali has a strong voice and opinions and it appears that the government see them as a threat to their rule and authority.

The ANC as a liberation movement, knew how to protest, how to challenge the government of the day. But maybe now that they are in government they have become institutionalised and do not hear the voices of the poor. . They become frightened of change. This is a very sad thing and something the church is very concerned about. The church has stood on the side of the poor and oppressed, and played a significant role in the quest for the liberation of South Africa, so we feel deeply aggrieved that this is happening to this group.

Abahlali have made demands on the state as citizens which they have a right to do, simply by asking for basic human rights such as clean water, housing, electricity and health care. These demands are not only for physical improvements but for the political space to live in a dignified and respectful way, and that poses a serious threat to those in power now.

The point is that we’re willing to stand up, the church is prepared to be a prophetic ministry, and there will be victories, the people will win. In one sense we shouldn’t be surprised that the government is behaving in almost illegal and shabby way towards the poor, because they know the effect of protesting and advocacy as they used similar actions themselves during the apartheid years.

… and Mandela?

RP: My favourite memory of Mandela is when he came to Durban to spend a few days in the Presidential guest house. He invited some of the church leaders to meet with him so about five of us arrived at the house.

He was very down to earth and the security at the guest house was rather relaxed – he laughed and said that if he can’t feel safe with church leaders he can’t feel safe with anyone, and he thanked the church and the South African people for standing by him while he was in prison. He spoke quite movingly about the role of the church although he was also critical and said that the church should always get its facts right before speaking out. I challenged him on this and told him that was not the role of the church – if you’re going to prophetic you are going to speak from what you know and see, and if you need to check out your facts with those in charge then it is no longer prophetic. He smiled and said ‘Well I can’t argue with a Bishop!’ That was a memorable meeting.

I think Mandela would express a real sadness about what is happening in the country today because he has always been someone with integrity and justice and liberation for the poor is all that’s motivated him in life. He must feel deeply aggrieved when he hears about some of the events that are happening.

The bottom line is that the problem is enormous. We’ve been left with a legacy from the days of apartheid which is not going to disappear overnight – it may take a few generations – which is all the more reason why the government needs to work in tandem with local communities and help develop them. The state needs to actually welcome the critique that comes from people like Abahlali and hear their voices when they speak and protest, rather than seeing that as being disloyal or an affront to the government.

I think the ANC feel that they have the moral high ground when it comes to liberation but it has to accept that fact that they are not – they are a government and they have become institutionalised. It’s a worrying sign that people in government are losing touch with their roots.

Where do you see the future of the Commission of Enquiry?

RP: We don’t have a date yet but we have consulted lawyers in the country as well as other academics. We have recruiting a professor of history who is now retired – he’s passionate about the very first Anglican Bishop of Natal John Colenso – made famous in the 1964 Zulu film. The principle aim of the Commission is to establish the truth of what happened on that night in Kennedy Road.

This Commission is extremely important because it has wider implications for South Africa as a whole in terms of the role and scope of the state, their definition of democracy, and the political space the government allow the poor to occupy. It will begin to bring under the microscope the behaviour of the state vis-à-vis the poor and those who want to stand up and be counted and make their voices heard. Abahlali are a significant part of the new struggle for a truly democratic South Africa and they will be heard sooner or later.

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The Attack on the LPM Continues – 5 More Arrests in Protea South

Friday, 04 June 2010
Landless People’s Movement Press Statement

The Attack on the Landless People’s Movement Continues
Five More People have Been Arrested in Protea South

Last night the police went from door to door with an informer in the shacks of Protea South, Soweto. They arrested five members of the Landless People’s Movement (LPM). Three of the people that they arrested are children of Maureen Mnisi, chairperson of the LPM in Gauteng. The other two are her neighbours.

Since the current wave of repression began when the LPM was attacked in Protea South by the Homeowners’ Association on 23 May 2010 two people have been killed. One was shot dead by the Homeowners’ Association in Protea South and one was shot dead by the police in eTwatwa. Other people have been beaten, shot, arrested and threatened with having their homes burnt down. Two people have had their homes burnt down in eTwatwa. There are now seven LPM members in jail in Protea South and thee LPM members in jail in eTwatwa.

The police have promised that they will make more arrests soon. They said that the five people arrested last night will be charged with burning the electricity transformer in Protea South. The transformer was burnt down on 23 May. On that night the wealthier residents of Protea South living in private bonded houses armed themselves and went around beating shack dwellers who had connected themselves to electricity and forcibly disconnecting them from electricity. They shot two people and one person died. They also tried to burn down Maureen Mnisi’s house. Her house was saved when LPM members defended it by erecting a burning barricade and throwing stones at the mob from the Homeowners’ Association. Some members of the community burnt down the electricity box to show the wealthier residents of Protea South that if they want to deny electricity to the poor then it will be denied to everyone. This is tactic of disconnecting the rich if they disconnect the poor (or ask the state to do it) has been used in Siyanda, Pemary Ridge and Motala Heights in Durban.

But the people that were arrested last night did not burn down the transformer in Protea South. They were busy defending Maureen Mnisi’s home that night. They did burn tyres there but to keep warm as they protected Maureen’s home. These arrests are clearly a strategy to make Maureen feel very strong pain so that her commitment to the struggle can be undermined. It is the most dirty tactic to punish a militant by arresting her children and her neighbours.

No one has been arrested for the attacks on LPM in Protea South. In eTwatwa the police stood by as the shacks of two LPM leaders were burnt down. Later they arrested one person but then they quickly released that person again. The police officer who shot dead the LPM militant in eTwatwa has not been arrested.

Liza Cossa, the chairperson of the LPM in Protea South, was told by the police that they are targeting Maureen Mnisi. She is now expecting that anything can happen. There is a long history of pressure on Maureen. In early 2009 the Homeowners’ Association signed a petition against her saying that she must be removed from the area because she was defending people from outside the country. Of course it is true that the LPM defends all people from evictions – South Africa belongs to all who live in it and we make no apology for this. The LPM are well aware that the local ANC councillor, Mapule Khumalo, is behind this. She has put Maureen under pressure to stop shack dwellers from appropriating electricity but Maureen has refused. Khumalo was twice seen with the people from the Homeowners’ Association after they tried to burn down Maureen’s home.

It is the same in eTwatwa where the ANC councillor, Cllr Baleka, is behind the attacks there.

With the exception of the Daily Sun the media has ignored these attacks on the LPM. The Daily Sun did cover the electricity war in Protea South but they only interviewed the Homeowners’ Association. They didn’t even speak to the LPM. Maureen phoned them to complain and a journalist called Issac promised to get back to her but he never did. This newspaper did the same thing when they covered the attack on Abahlali baseMjondolo in the Kennedy Road settlement in Durban in September last year. This newspaper is treating shack dwellers as criminals and making propaganda for the rich and for the councillors.

As the LPM we want to send a clear message to the media that they have a duty to tell the truth about what is happening in our country. What is happening to us must not be swept under the carpet just so that the government can look good while the world is watching South Africa for the World Cup. The duty of the media to tell the truth remains while the World Cup is on. The media must come to Protea South and to eTwatwa and hear our story.

We are calling for urgent legal support. We need lawyers for the LPM members who are in jail. We need to take up cases against the Homeowners Association and the police to get justice for the two people who have been killed. We need money to pay bail.

This statement and its call for urgent solidarity with the LPM is supported by the Poor People’s Alliance which is made up of Abahlali baseMjondolo, the Western Cape Anti-Eviction Campaign, the Landless People’s Movement and the Rural Network. It is clear to all the organisations in the alliance that there is no democracy in South Africa. Every time that there is an election the poor are promised land, housing, water, electricity, toilets, education and jobs. After the elections we are denied these things. If we ask for the promises that have been made to us to be kept we are beaten, arrested and jailed. If we occupy land and appropriate water and electricity we are beaten, arrested and jailed. Sometimes we are tortured. Sometimes we are even killed.

We are calling on everyone who is visiting South Africa for the World Cup to visit us and to see how we have to live and to hear how we are oppressed. Visit us in the shacks, on the farms, in the transit camps and in the jails of this country.

For more information and comment please contact:

Maureen Mnisi, Chairperson of the LPM in Gauteng: 082 337 4514
David Mathontsi, Chairperson of the LPM in eTwatwa 073 914 9868.

For information and comment on the wider assault on the organised poor in South Africa please contact:

S’bu Zikode, Abahlali baseMjondolo (Durban): 083 547 0474
Mzonke Poni, Abahlali baseMjondolo (Cape Town): 073 25 62036
Rev. Mavuso, Rural Network (KwaZulu-Natal): 072 279 2634
Ashraf Cassiem, Anti-Eviction Campaign (Cape Town): 076 186 1408

(Mzonke Poni has spent the last few days with the LPM in Protea South and can give also give a first hand account of recent events there.)

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A Quiet Coup: South Africa’s largest social movement under attack

http://zapagringo.blogspot.com/2010/06/in-shadow-of-2010-world-cup.html

A Quiet Coup
South Africa’s largest social movement under attack

by Toussaint Losier

Originally published in Spanish at Desinformémonos
An earlier version of this article appeared in Left Turn Magazine

At roughly 11:30pm on September 26th, a group of 30 to 40 men – survivors are still unsure about the actual numbers –surrounded the community hall in Kennedy Road shack settlement in Durban, South Africa. Brandishing sticks, machetes, and automatic weapons and echoing the language of the state-sponsored internecine political conflict that tore through South Africa during the last years of apartheid, the mob launched an attack on a meeting of the Abahlali baseMjondolo (AbM) Youth League taking place inside the hall. In the melee that followed, over a dozen people were injured, with four people left dead [two people initially thought dead were later found in hospital – there were two deaths] and the attackers left in control of the hall.

When called to the scene, the local police only took statements from those who now held the hall and arrested eight members of the settlement’s representative governing body, the Kennedy Road Development Committee (KRDC), regardless of whether or not they had been in the settlement the night of the attack. The next morning, the mob that had attacked the community hall returned to the settlement with police and African National Congress (ANC) officials and proceeded to destroy and loot over two dozen shacks, all of them belonging to the elected members of the KRDC.

“We are under attack,” offered a press statement jointly released by the KRDC and AbM a week later. “We have been attacked physically with all kinds of weapons – guns and knives, even a sword. We have been driven from our homes and our community. The police did nothing to stop the attacks despite our calls for help.”

The statement continued: “What happened in Kennedy Road was a coup – a violent replacement of a democratically elected community organization. The ANC have taken over everything that we built in Kennedy Road. We always allowed free political activity in Kennedy and all settlements in which AbM candidates have been elected to leadership. Now we are banned.”

Neoliberal policy

With the African continent’s largest economy and one of the most progressive constitutions in the world, South Africa is considered by most to be a model middle-income developing country. Yet, it is nation wracked by a series of interlocking crises, from the epidemics of rape and HIV/AIDS to those of landlessness and poverty. Much of this has worsened since the mid-1990s, when then President Nelson Mandela voluntarily adopted neoliberal economic policies, in contrast to the ANC’s long held goals of nationalization and socialism. While these macroeconomic policies helped to create a small black middle class, they also contributed to ever growing inequality, with the average black citizen earning an eighth of their white compatriot in 2007. Today, South Africa is considered the most unequal country in the world, ranking lower than Occupied Palestine on the UN’s Human Development Index.

At the same time, South Africa, with its rich history of political struggle and labor militancy, also has one of the world’s highest per capita protest rates. Over the past several years, the country’s largest social movement, Abahlali baseMjondolo (Zulu for “people based in shacks”) has led it fair share of these actions. Emerging in 2005 in the Kennedy Road settlement during the course of a dispute over housing with the local ANC city councilor, the shackdwellers movement has grown to include over 10,000 paid up members in more than thirty informal settlements throughout the province of KwaZulu-Natal.

For the first two years of its existence, AbM’s mobilization efforts were met with state violence and political repression. In 2005, for example, police illegally banned their permitted demonstration and then attacked residents of the Foreman Road when they took to the streets. A year later, police arrested the movement’s President and Vice President on their way to a radio interview, beating and torturing them while in custody. In 2007, police shot at their peaceful marches. Later, the Kennedy Road Six, five of whom were elected members of the KRDC, won their release from jail after their hunger strike (all charges against them were later dropped for lack of evidence). Yet, in spite of these obstacles, some of the South Africa’s poorest citizens have built a democratic and non-partisan organization, impressive as much for its grassroots accountability and internal democracy, as its success in ensuring the participation of shackdwellers in the upgrading of their settlements.

Several weeks after the attack in Kennedy Road, this success continued when the South African Constitutional Court ruled in AbM’s favor in striking down the KwaZulu-Natal Slums Act. Passed by the province in late 2007, the bill gave the provincial minister the power to compel municipalities and private landowners to evict shackdwellers from occupied land and set the time frame in which these actions would occur. If allowed to stand, the act would have served as a template across the country. While the court only found the section giving the provincial housing minister wide latitude in initiating eviction proceeding against shack settlements [to be unconstitutional], the decision remains a major victory in the poor people’s struggle for land and housing. Still in hiding, AbM’s President S’bu Zikode said the court decision “had far-reaching consequences for all the poor people in the country.”

State impunity

In the weeks that followed this attack, Kennedy Road residents reported that those who carried them out had been left to patrol the settlements, intimidating them and threatening their leaders. ANC Branch Executive Committee officials replaced the KRDC with their own local governing body. Fearing further violence, key leaders of AbM fled the settlement and went into hiding. In the following months, AbM members who did not leave Kennedy Road have been intimidated and assaulted for not coming to ANC meetings. Few have been able to open cases against ANC members because of the support of the police and senior ANC officials. Several of these officials have publicly spoken of the government’s move to liberate’ the community from AbM and their willingness to “jail people to get development going.” There are now allegations that those who participated in the attack have not only received positions in settlement committee formed after the attacks, but were also rewarded with cash from the ANC.

Following this logic, police would continue to target KRDC members, arresting 13 in total and charging them with murder and aggravated assault. At each of their bail hearings, the local ANC officials have mobilized busloads of their members, who physically threatening AbM’s supporters and demand that the ‘Kennedy Road 13’ not get bail. For more than two months, the ‘13’ had their bail hearing postponed for lack of evidence. It was only after, the Bishop of Rubin Phillip of the local Anglican diocese and other church leaders denounced their continued detention as a “complete travesty of justice” that all but five were released from prison on bail. It was only on May 14th, roughly eight months since the arrest, that the court gave the case docket to the defense attorney for the accused, including the five members still in prison, political prisoners awaiting a political trial. The trail is set to begin on July 12, a day after the 2010 World Cup tournament ends in South Africa.

While ANC officials have sought to criminalize their actions, AbM has consistently identified violence, assaults and harassment directed against them as politically motivated. This perspective has proved even more prescient as the ANC recent success in the April 2009 KwaZulu-Natal provincial elections have made it possible for local ANC officials to eliminate what they have long taken to be a potential political threat. With many of their leaders now prison or still in hiding, AbM members can still not operate openly in Kennedy Road, but continue to organize in secret inside and meet every Sunday outside of it. AbM President S’bu Zikode, who was made homeless by the attacks on Kennedy Road, offered these thoughts during a university lecture entitled “Democracy on Brink of Collapse” given in October 2009: “To some leaders democracy means that they are the only ones who must exercise authority over others. For some government officials democracy means accepting anything that is said about ordinary men and women.”

“With the attack on Abahlali baseMjondolo in Kennedy Road,” he maintained, “we have now seen that this technocratic thinking will be supported with violence when ordinary men and women insist on their right to speak and to be heard on the matters that concern their daily lives. On the one side there is a consultant with a laptop. On the other side there is a drunk young man with a bush knife or a gun. As much as they might look very different they serve the same system – a system in which ordinary men and women must be good boys and girls and know that their place is not to think and speak for themselves.”

This need for ordinary men and women to think and speak for themselves is ever more pressing as South Africa prepares for the 2010 World Cup. Across the country, the government has spent millions constructing or refurbishing sports stadiums for the matches that will be played in June and July, while millions remain without access to adequate housing, potable water, and other basic services. Rather than fulfilling the promise of employment and equitable development, the World Cup has thus far provided a shot in the arm of city planners and real estate speculators who have sought to bar informal trading from Central Business Districts and clear ever-growing shack settlements to the peripheries of the city. Yet AbM has maintained its opposition to this version of democracy. In spite of a heavy police presence, several thousand members and their supporters marched in downtown Durban on March 22nd, calling not only for housing, but also human rights and justice. On May 14, as a delegation from the London Coalition Against Poverty delivered a message of solidarity to the South Africa High Commission, echoing AbM’s calls the outstanding charges against its members to be dropped and for an independent commission to investigate the attacks in Kennedy Road. Having already built up international solidarity through trips to Britain and the United States, AbM members travelled to Italy in late May to meet with other social movements, draw attention to the plight of African migrants workers in Italy, and to explain what the World Cup means for the poor in South Africa.

To make good on this goal, a branch of AbM in the Western Cape province (AbM WC) recently announced the launch of their ‘Right to the City’ campaign to develop a program of action for the World Cup. Already the province has a backlog of over 400,000 people in need of housing. In May 2009, members of this branch assisted backyard dwellers, those renting a shack on someone else’s property, to occupy prime government land in Cape Town. In response, the city’s Anti-Land Invasion police unit illegally evicted them from the land, confiscating their materials, and assaulted and arrested those it perceived to be leading the occupation. It was only after filing a court injunction against further evictions and launching other protests, including a road blockade, were those in need able to claim the land.

In the days leading up to the World Cup, AbM WC is once again demanding that the government provide quality houses for the poor inside the city, rather than tin shacks on the city’s outskirts, as has become the norm in the province’s capital of Cape Town. In addition to boycotting the World Cup, AbM WC has vowed to build shacks outside the city’s soccer stadium just before cup’s first match to draw the attention of the rest of country and the international community of needs of the poor. Unlike the attacks in Kennedy Road, how the government responds to the actions of South Africa’s militant poor will be on display for the world to see.

For more information, visit the websites of Abahlali baseMjondolo and the Western Cape Anti-Eviction Campaign. Together with the Rural Network and the Landless Peoples Movement, these organizations make up the Poor Peoples Alliance.

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Sowetan: Shack dwellers threat to Cup

http://www.sowetan.co.za/News/Article.aspx?id=1147414

Shack dwellers threat to Cup
01 June 2010
Francis Hweshe

ABAHLALI baseMjondolo (ABM) will set up shacks outside Cape Town’s stadium on the eve of the World Cup to show the world how they live.

ABM deputy chairperson Mthobeli Zona told Sowetan: “We know the government will send the police to beat us in front of the media … and the whole world will know about our struggles.

“We live in dirty and smelling places. We have no jobs. We live shameful lives. There are no toilets here. There is no electricity. We have to pay R20 a month or 50c a day to use other people’s toilets,” he said.

Zona said the government should have used the money they spent on the Gautrain and Bus Rapid Transit system to “relocate shack dwellers to dry areas. What we don’t want is to be moved to Temporary Relocation Areas (TRAs).

“The government should put their cats and dogs in TRAs. They make us sick,” he said.

Another resident in Khayelitsha’s QQ Section, Nobantu Goniwe, said she would join the demonstration.

Having lived in QQ Section for the past 10 years, Goniwe complained that many people got tuberculosis because of the “hard living conditions.”

She complained that when Premier Helen Zille visited the area in winter when it was flooded, she wore gumboots.

“We live here and we don’t have gumboots. I just wish we could swap places with her,” Goniwe said.

She said the World Cup was not going to bring changes to their community where unemployment and crime were rife.

Teenagers Azola Zadunge, Thembinkosi Mdumela, and Mananga Mzubongile said they were excited about the World Cup and would watch the games at the Khayelitsha fan park. They said the World Cup had not benefited any youth in their community.

City of Cape Town spokesperson Pieter Cronjé said they would not let anyone put up a shack.

“The area around the stadium is already under security. It will be regrettable if people use the World Cup to air their grievances” he said.

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The Homes of Two LPM Leaders are Burnt in eTwatwa as the Police Look On

Update on 1 June 2010: There has been another arrest. Click here to read more.

Landless People’s Movement eTwatwa
Emergency Press Statement Sunday 30 May 2010

The Homes of Two LPM Leaders are Burnt in eTwatwa as the Police Look On

Early this morning the shacks of two members of the Landless People’s Movement (LPM) Executive Committee in eTwatwa, Ekurhuleni, were burnt down.

After the police attacked the LPM yesterday, killing one person and seriously injuring another. David Mathontsi, chairperson of the new LPM branch on eTwatwa, went to the Far East Hospital to visit the wounded. While he was away from his home the supporters of the local ward councillor went to his shack looking for him and his wife. They pointed at his children with a gun. David did not return to his shack and managed to get his children out.

At 2:30 this morning David received a call to say that the councillor’s supporters had returned to his shack with the police. David’s younger brother was looking after the shack. He was shot at but managed to escape after which the shack was burnt down by the councillor’s supporters as the police looked on. David and his family have lost everything that they own.

The group, still with police protection, then burnt down the shack of another member of the LPM Executive Committee in eTwatwa. After that they began to go door to door, still with the police, looking for all the Tsonga people and driving them out. What started as an attack on LPM turned into an attack on all the Tsonga people in the settlement. The attack on LPM turned into a kind of xenophobia. The LPM is not an ethnic organisation and its Executive Committee in eTwatwa is very mixed.

The secretary of the LPM in eTwatwa was arrested. She is an old woman. As the police arrested her they hit her in the face with the butts of their guns and with their boots. They also seriously assaulted the LPM youth as they arrested them.

The leadership of the LPM in eTwatwa are all arrested, in hospital, dead or in hiding.

What is happening in eTwatwa has some clear similarities with the attack on Abahlali baseMjondolo in the Kennedy Road settlement in Durban in September last year.

For more information and comment on the ongoing events in eTwatwa please contact David Mathontsi, Chairperson of the eTwatwa Landless People’s Movement on 073 914 9868.

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AbM Western Cape Launches the Right to the City Campaign in Cape Town

The Poor Have the Right to be Housed in Well Located Land

by Rosalie de Bruijn (Dutch Researcher)

On Saturday the 22nd of May 2010 “the Right to the City Campaign” was launched in TT informal settlement, Site B, Khayelitsha. The aims of the campaign of the Abahlali baseMjondolo Western Cape (AbM-WC) are very clear: to show the world that the World Cup 2010 is not benefitting the poor, but is instead further marginalizing the urban poor from places they called home and from public spaces where they found their main sources of income. – “We want city life, tired of promises!” –

Besides creating this awareness about these evictions that were carried out during the preparations for the World Cup, this Right to the City Campaign is further used to claim the right to adequate housing and especially to claim ‘that the government must build houses within the city’ (AbM-WC).

“We are told that there is no place to build houses in the city, but they are building stadiums. They must not build houses far away from the jobs and everything, we as the poor also have a right to be housed within well located land.” – Mzonke Poni (Chairperson AbM-WC).

These are thus the main issues that the campaign will raise – accompanied with large collective actions – when all the eyes are focused on South Africa’s FIFA tournament.

During the speeches that were held before revealing the programme of the Campaign, the community leaders stated that they are waiting for 16 years on adequate housing, but nothing happened so far. They only received empty promises from the City. Besides this, the community members made clear that they want to be involved in the decision-making process and that the City officials have to come to the communities to ask what they want and to work together on an equal foot. However, space this for negotiation is limited and people are tired of promises made by the local government:

“Now is the time for the poor not to listen at empty promises any more, now is the time for the poor not to be patient any more, now is the time for the poor to do away with party politics and rally behind united front, now is the time for the poor to do away with useless negotiation, time for negotiation is over, there’s no time to talk now is the time for action.” – Abahlali baseMjondolo.

Members of Abahlali baseMjondolo are currently mobilizing their communities and allies to stand up and to house themselves forcefully within the city just before the FIFA World Cup will be opened:

“We are going to build shacks near Green Point stadium. When it rains, we will take over public toilets and make them our homes. If there are empty buildings in town, we will occupy them. We will stay there and demand houses. We want to stay in the city and when we will be evicted, we will stay on the streets and go to court” – Mzonke Poni.

The FIFA World Cup will thus be used by the Right to the City Campaign as a platform to show the world ‘that this [South African] government is not accountable to the poor but to the rich’ (AbM- WC) and this mega-event will be used by those evicted and marginalized from their spaces and livelihoods to reclaim their Right to the City.

For comments please contact Mzonke Poni (Chairperson of Abahlali baseMjondolo) / abmwesterncape [at] abahlali.org

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Police Attack the Landless People’s Movement in eTwatwa, Ekurhuleni: One Person is Dead and another Seriously Injured

Update: Sunday 30 May 2010 – Two shacks belonging to LPM leaders in eTwatwa were burnt down early this morning as the police looked on. The attack on LPM is now turning into an ethnic attack on Tsonga people. Click here to read more.

Saturday, 29 May 2010
Landless People’s Movement Press Statement

 


Police Attack the Landless People’s Movement in eTwatwa, Ekurhuleni
One Person is Dead and another Seriously Injured

 

On Sunday 23 May residents of the bond houses in Protea South, Soweto, attacked the Landless People’s Movement (LPM) in the shacks in Protea South. They went around disconnecting us from electricity and beating those who had been connected to electricity. They tried to burn down Maureen Mnisi’s shack and two people were shot. One died on the scene.

Today the police attacked the LPM in eTwatwa, Ekurhuleni using live ammunition. One person has died and another is currently being operated on in hospital.

The background to the police attack on the LPM in eTwatwa is that on Tuesday 24 May we organised a march on the Councillor for Ward 65, Cllr Baleka. The different extensions each had their own demands but at the last point of the memorandum we all united on one demand which is that the Councillor must immediately step down. We indicated that we expected a response to our demands within seven days.

On Thursday 26 May the Provincial Government sent us a fax saying that they would meet us next Wednesday.

The situation in Extension 18 of eTwetwa is very bad. There is no electricity, no sewerage, no roads, not even water – there is nothing. The Councillor did start a project to build toilets but she said that only 717 of the 1 149 people would benefit as the rest of the people would be evicted to make way for a new road to be built by the provincial government. They want to move these people to transit areas. Obviously we cannot accept this. We have stayed in Extension 18 for many years.

We were expecting to attend the meeting with the Provincial Government on Wednesday next week. But yesterday, on Friday, Cllr Buleka, using the car of the Erkuleni Municipality drove around calling us to a meeting to be held today. But we had already suspended her. We no longer recognise her.

So today a meeting was held in the community and it was decided to go the councillor’s office. The councillor’s supporters provoked the protestors and in the end stones were thrown at her office. At 10:00 a.m. the police came and they used their guns. They used live ammunition. We have one of their bullets. They shot one woman dead. Another woman is in hospital right now having an operation.

After the shooting the people became even more angry. Some community members burnt a shack of one of the councillor’s supporters in retaliation to the murder of their comrade. The police attacked the people again and used teargas. Even more community members arrived and between ten and fifteen people were arrested by the police. The police are now hunting all the LPM leaders from extension 18 and extension 10 in eTwatwa. We have all gone into hiding.

The ward councillor must step down. There are no services in eTwatwa and the councillor is oppressing the people, trying to stop us from organising and even supporting the plans to have us evicted to a transit area.

We are calling for Msholozi to come down. He must come down to the people, hear our anger and then act against the councillor and the police. If he refuses to do this then he is clearly the President of the politicians and not the president of the people.

The situation in Protea South is still tense. The police are around. On Thursday we had a meeting with Eskom. Eskom said that they can’t install electricity to the shacks as we are not proclaimed. It is true that the government has never proclaimed the area in which we have built our shacks. But the people have proclaimed it. Anyway, the RDP houses, the Masakhane houses and the bond houses are all on land that has been proclaimed. It is just the shack dwellers that are denied the right to stay in Protea South and denied the right to services. Eskom did say that they will launch a pilot project with one electricity pole for every 82 families. But the total number of shacks is around 6 400. One electricity pole for every 82 families is not a good enough response to our demand for electricity. If the government continues to deny us legal access to electricity we will continue to appropriate electricity for ourselves.

Protea South remains in darkness after the shack dwellers burned the transformer in response to the attempt by the residents of the bond houses, who are calling themselves the Homeowners Association, to violently disconnect us from electricity. Everyone has now been disconnected. If the poor are not allowed to have electricity why should we allow the owners of private houses to enjoy it?

The Homeowners Association continue to say that they don’t want shack dwellers here and that they want us to be removed.

Every time the government says that Operation Khanyisa – community organised electricity connections – are ‘criminal’ they turn poverty into a crime. It is the government’s criminalisation of poverty that has incited the homeowners to attack us.

Bheki Cele is the one that has called on the police to shoot to kill. When as the poor we are turned into criminals we are placed in the line of fire. When we organise to fight against oppressive councillors and for access to services the police are shooting us. But when the poor go to vote then the police are there making sure that we are safe. When we are killed by the police we hold Cele responsible.

Organised shack dwellers have to defend ourselves when we are attacked by the police, the rich or, as it happened in Kennedy Road in Durban, the ANC.

Self defence is no offence.

We are very worried about the World Cup. Billions are wasted on the World Cup, billions that should have gone to meet the most urgent need of the poor. The government tells us that we must ‘feel it’ but in Protea South we don’t even have electricity. Some of us are in hiding from the police. People have been shot and two people have died in recent days.

The government expects us to be silent to everything that has been done to us. We will not be silent.

For more information and comment please contact:

Dan Mofokeng (eTwatwa) 078 679 9435
Edward Leople (eTwatwa) 083 885 5009
Maureen Mnisi (Protea South) 082 337 4514

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SAPA: Amnesty report says something rotten in state of South Africa

http://www.mg.co.za/article/2010-05-27-amnesty-report-says-something-rotten-in-state-of-south-africa

The report can be downloaded here. It, unlike this news report, does not make the mistake of saying that only Mpondo members of AbM were attacked in September.The attackers were chanting anti Mpondo slogans but AbM leaders of all ethnicities were attacked.

Amnesty report says something rotten in state of South Africa

KENICHI SERINO | JOHANNESBURG, SOUTH AFRICA – May 27 2010 07:28

Corruption and nepotism are affecting service delivery in South Africa, Amnesty International said on Thursday.

“Corruption and nepotism impeded community access to housing and services, and led to the collapse of some municipal governments and to widespread protests among affected communities,” read a report by Amnesty International on human rights in South Africa.

“Persistent poverty, rising levels of unemployment, and violent crime, together with the crisis in the public health sector, posed significant challenges for the new government.”

The report, entitled The Amnesty International Report 2010: State of the World’s Human Rights, said political developments continued to affect the independence and integrity of the administration of justice.

It singled out as examples the withdrawal of corruption charges against President Jacob Zuma, the acquittal of Western Cape Judge President John Hlophe by the Judicial Service Commission and the appointment of Menzi Simelane as National Prosecuting Authority head. It also noted the trial of ANC Youth League president Julius Malema in the Equality Court for remarks he made regarding women who claimed to be raped, and said this had negative implications on the rights of women and girls.

Xenophobic attacks

Amnesty also made mention of xenophobic and ethnic attacks against Mpondo members of shackdwellers’ movement Abahlali baseMjondolo, in Durban’s Kennedy Road informal settlement.

In September, members and leaders of Abahlali fled their homes after attacks. In the aftermath, their homes were destroyed and further violence was threatened.

The report noted that while 13 Abahlali supporters were arrested in connection with the two men killed on the night of the attacks, no charges were brought against anyone for the attacks on Abahlali.

The report also mentioned that in the context of this violence, Abahlali had won an important case in the Constitutional Court that declared part of the Slums Act “inconsistent with the Constitution”.

“Despite the impact of their successful litigation, Abahlali’s community-based work remained severely disrupted by the violent events in September,” read the report.

The only xenophobic attacks mentioned by name were violence in De Doorns in Western Cape, Balfour in Mpumalanga and Polokwane in Limpopo.

“The police response to incidents varied from complicity or negligence to, in some cases, a visible effort to prevent violence from escalating.”

Amnesty made mention of Zuma’s public condemnation of the violence and creation of a plan to deal with xenophobia.

It also noted the home affairs department had introduced 90-days of visa-free entry for Zimbabweans coming into South Africa and immigration permits for those already in the country.

However, “the permits not been implemented by the end of the year”.

Amnesty also pointed out that the “abrupt” closure of the Musina showgrounds had resulted in several thousand Zimbabweans seeking shelter at the Central Methodist Church in Johannesburg “with the authorities failing to meet their humanitarian needs”.

Torture, executions

Police actions and criminal justice also came in for scrutiny. According to Amnesty, several accusations of torture and “extra-judicial executions” have been made against the police.

Using information from the Independent Complaints Directorate, Amnesty said deaths in custody had risen 15% in 2009, with KwaZulu-Natal seeing a spike of 47%.

It also mentioned Sidwel Mkwambi, who died in police custody in February in Bellville, Cape Town. Police claimed he jumped out of a moving vehicle. His injuries were not consistent with this explanation. Also killed while trying to escape was an alleged car hijacker whose death did not match police reports. Police claimed he jumped on to an electric fence, but his body showed no signs of electrocution.

Many others have complained of torture.

“Suspects in several cases were interrogated and assaulted while held without any record of arrest.

Amnesty said in its report South Africa had not ratified the United Nations’ Optional Protocol Against Torture.

On a more positive note, the report said South Africa had committed itself to act on a warrant issued by the International Criminal Court against Omar al-Bashir, the president of Sudan. – Sapa

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Electricity crisis in Protea South

Electricity crisis in Protea South: LET US FIGHT THE GOVERNMENT, NOT EACH OTHER

Protea South is one of the informal settlements that has not yet benefited in the last 16 years of democracy. As it stands, people in Protea South are still living without services (water, electricity and toilets). Yesterday the community that lives in the bond houses decided to disconnect the electricity that the people from the informal settlement connected into their tin shacks. They went around disconnecting and beating people who connected the electricity within their shacks. As a result, two people were shot and one died on the spot while the other one was rushed to hospital. Maureen Mnisi who is the leader of the LPM (Landless People Movement) was also attacked at her home, the members of the bond houses tried to burn down her shack. The community from the informal settlement got angry and they decided to fight back. They burned down the electricity box and threw stones at the people from the bond houses.

The problem with the Protea South community as whole are services, people need electricity to survive. Whether you live in the shack or in the bond house, we all need electricity. And that is why there is an urgent need to work together to fight the enemy. Fighting each other won’t bring electricity in Protea South. The people with the electricity that we need as the community of Protea South are sitting in their government offices and they are not even seeing the need of giving services. Fighting each other won’t help. We can see that clearly – now that one member of our community has been shot to death by another member, we will be mourning at his funeral. LET US IDENTIFY THE ENEMY THAT CREATES DIVISIONS BETWEEN THE POOR COMMUNITIES. Jacob Zuma nearly cried in Orange Farm last week, so he said. Let us make the government who pretends not to know our issues, come to every poor community where people are suffering without basic services, CRY FOR US ALL. Let us make the government to leave their offices and come to address the issue of electricity in Protea South and other poor communities.

“Organise or die in poverty: The world cup benefits the rich and not the poor”

Bongani Xezwi, activist and researcher

Contact: 071 043 2221

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LPM Members & Shack Dwellers Under Attack in Protea South, Soweto

URGENT ALERT: LPM MEMBERS & SHACK-DWELLERS UNDER ATTACK IN PROTEA SOUTH, SOWETO

The following is an urgent communication issued on behalf of, and in solidarity with the Landless Peoples Movement (LPM) and other shack-dwellers of Protea South, Soweto. It is based on information obtained by telephonic and face-to-face conversations held with LPM members following violent attacks against them last night. There still seems to be confusion, however, and details are sketchy. Updates on the situation will be made available as and when they are received, as will be any factual corrections.

On the evening of Sunday 23 May a group of men attempted to burn down the shack of Landless Peoples Movement chairperson Maureen Mnisi in the informal settlement of Protea South, Soweto. She was inside at the time, and was fortunate to escape with her life only because her son stumbled on the attackers and chased them away.

At about 20h00 that same evening a group of five men – three of whom were allegedly armed with guns, one with a panga (machete) and one with a pick handle – jumped the fence surrounding the shack of another LPM member and ZACF supporter. They banged on the door to his partners and his shack, demanding to see “the man of the house”. When they thought the attackers were going to break the door down, the comrade hid and his partner answered the door, hoping to be able to dissuade the attackers. They looked inside the shack with a torch, only to find the couple’s two small children sleeping on the bed, and declared “akekho” – he is not here. They then beat up the comrade who answered the door, instructing her to tell her partner that they would be back for him. Fearing for their safety and that of their children, these comrades have been forced to flee the community with almost none of their belongings.

After that the group of armed men* allegedly roamed around the informal settlement attacking people. One community member is reported as having been killed, with at least one more still in hospital. People who were hiding during the attacks claimed that they went on until 24h00, with ambulances coming and going taking people to hospital. It is not yet known how many people were effected by the attacks, nor how many have fled.

LPM members feel certain that the attacks were orchestrated by some of the people inhabiting the bond houses in the area, as there has been ongoing tension between the shack-dwellers and bond house inhabitants over illegal electricity reconnections and relocations – as some of the people in the bond houses want the informal settlement to be relocated (as government has been trying to do for years) in order to push up the prices of their properties. The LPM has been at the fore in resisting these forced relocations, as well as in organising electricity reconnections. We believe that it is for this reason that its members have come under attack.

The LPM and other shack-dwellers are meeting this afternoon at 16h00 at Peacemaker Park in Protea South to determine a response. They would appreciate the participation and support of as many representatives and activists from as many different social movements as possible.

Total solidarity to the LPM and shack-dwellers of Protea South!!
An injury to one is an injury to all!!

Issued by the Zabalaza Anarchist Communist Front (ZACF) on behalf of and in solidarity with the Protea South LPM comrades and shack-dwellers under attack.

For further information: 084 946-4240

ZACF
Postnet Suite 47
Private Bag X1
Fordsburg
2033

zacf@zabalaza.net

* It is not yet clear whether it is the same group of men responsible for all the attacks, or whether there was more than one group operating simultaneously.

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Africa Day Statement by the Abahlali baseMjondolo Youth League

Africa Day Statement by the Abahlali baseMjondolo Youth League

On 25th May 2010, the whole of Africa will be celebrating “Africa Day”.

Thinking about “Africa Day” we remembered the famous speech by Thabo Mbeki in 1996 when the new constitution was adopted – the speech when he said, “I am an African.”

I owe my being to the hills and the valleys, the mountains and the glades, the rivers, the deserts, the trees, the flowers, the seas and the ever-changing seasons that define the face of our native land.

My body has frozen in our frosts and in our latter day snows. It has thawed in the warmth of our sunshine and melted in the heat of the midday sun. The crack and the rumble of the summer thunders, lashed by startling lightening, have been a cause both of trembling and of hope.

The fragrances of nature have been as pleasant to us as the sight of the wild blooms of the citizens of the veld.

The dramatic shapes of the Drakensberg, the soil-coloured waters of the Lekoa, iGqili noThukela, and the sands of the Kgalagadi, have all been panels of the set on the natural stage on which we act out the foolish deeds of the theatre of our day.

At times, and in fear, I have wondered whether I should concede equal citizenship of our country to the leopard and the lion, the elephant and the springbok, the hyena, the black mamba and the pestilential mosquito.

A human presence among all these, a feature on the face of our native land thus defined, I know that none dare challenge me when I say—I am an African!

I owe my being to the Khoi and the San whose desolate souls haunt the great expanses of the beautiful Cape – they who fell victim to the most merciless genocide our native land has ever seen, they who were the first to lose their lives in the struggle to defend our freedom and dependence and they who, as a people, perished in the result.

Today, as a country, we keep an audible silence about these ancestors of the generations that live, fearful to admit the horror of a former deed, seeking to obliterate from our memories a cruel occurrence which, in its remembering, should teach us not and never to be inhuman again.

I am formed of the migrants who left Europe to find a new home on our native land. Whatever their own actions, they remain still, part of me.

In my veins courses the blood of the Malay slaves who came from the East. Their proud dignity informs my bearing, their culture a part of my essence. The stripes they bore on their bodies from the lash of the slave master are a reminder embossed on my consciousness of what should not be done.

I am the grandchild of the warrior men and women that Hintsa and Sekhukhune led, the patriots that Cetshwayo and Mphephu took to battle, the soldiers Moshoeshoe and Ngungunyane taught never to dishonour the cause of freedom.

My mind and my knowledge of myself is formed by the victories that are the jewels in our African crown, the victories we earned from Isandlwana to Khartoum, as Ethiopians and as the Ashanti of Ghana, as the Berbers of the desert.

I am the grandchild who lays fresh flowers on the Boer graves at St Helena and the Bahamas, who sees in the mind’s eye and suffers the suffering of a simple peasant folk, death, concentration camps, destroyed homesteads, a dream in ruins.

I am the child of Nongqause. I am he who made it possible to trade in the world markets in diamonds, in gold, in the same food for which my stomach yearns.
I come of those who were transported from India and China, whose being resided in the fact, solely, that they were able to provide physical labour, who taught me that we could both be at home and be foreign, who taught me that human existence itself demanded that freedom was a necessary condition for that human existence.

Being part of all these people, and in the knowledge that none dare contest that assertion, I shall claim that – I am an African.

I have seen our country torn asunder as these, all of whom are my people, engaged one another in a titanic battle, the one redress a wrong that had been caused by one to another and the other, to defend the indefensible.

I have seen what happens when one person has superiority of force over another, when the stronger appropriate to themselves the prerogative even to annul the injunction that God created all men and women in His image.

I know what it signifies when race and colour are used to determine who is human and who, sub-human.

I have seen the destruction of all sense of self-esteem, the consequent striving to be what one is not, simply to acquire some of the benefits which those who had improved themselves as masters had ensured that they enjoy.

I have experience of the situation in which race and colour is used to enrich some and impoverish the rest.

I have seen concrete expression of the denial of the dignity of a human being emanating from the conscious, systemic and systematic oppressive and repressive activities of other human beings.

There the victims parade with no mask to hide the brutish reality – the beggars, the prostitutes, the street children, those who seek solace in substance abuse, those who have to steal to assuage hunger, those who have to lose their sanity because to be sane is to invite pain.

Perhaps the worst among these, who are my people, are those who have learnt to kill for a wage. To these the extent of death is directly proportional to their personal welfare.

And so, like pawns in the service of demented souls, they kill in furtherance of the political violence in KwaZulu-Natal. They murder the innocent in the taxi wars.

They kill slowly or quickly in order to make profits from the illegal trade in narcotics. They are available for hire when husband wants to murder wife and wife, husband.

Among us prowl the products of our immoral and amoral past – killers who have no sense of the worth of human life, rapists who have absolute disdain for the women of our country, animals who would seek to benefit from the vulnerability of the children, the disabled and the old, the rapacious who brook no obstacle in their quest for self-enrichment.

All this I know and know to be true because—I am an African!

Because of that, I am also able to state this fundamental truth that I am born of a people who are heroes and heroines.

I am born of a people who would not tolerate oppression.

I am of a nation that would not allow that fear of death, torture, imprisonment, exile or persecution should result in the perpetuation of injustice.

The great masses who are our mother and father will not permit that the behaviour of the few results in the description of our country and people as barbaric.

Patient because history is on their side, these masses do not despair because today the weather is bad. Nor do they turn triumphalism when, tomorrow, the sun shines.

Whatever the circumstances they have lived through and because of that experience, they are determined to define for themselves who they are and who they should be.

We are assembled here today to mark their victory in acquiring and exercising their right to formulate their own definition of what it means to be African.

The constitution whose adoption we celebrate constitutes and unequivocal statement that we refuse to accept that our Africanness shall be defined by our race, colour, gender of historical origins.

It is a firm assertion made by us that South Africa belongs to all who live in it, black and white.

It gives concrete expression to the sentiment we share as Africans, and will defend to the death, that the people shall govern.

It recognises the fact that the dignity of the individual is both an objective which society must pursue, and is a goal which cannot be separated from the material well-being of that individual.”

This is the interesting part of his speech:

The constitution whose adoption we celebrate constitutes and unequivocal statement that we refuse to accept that our Africanness shall be defined by our race, colour, and gender of historical origins.

It is a firm assertion made by ourselves that South Africa belongs to all who live in it, black and white.

It is this idea, the idea that South Africa belongs to all who live in it, an idea that is also there in the Freedom Charter of 1955, that we have to hold on to when there is any discussion of who is an African.

This is the 5th year in which South Africa is holding the African Renaissance Festival in Durban. Africa and Africans have been discriminated for a long time and it is good that Africa and Africans are now celebrated. But can we speak about an African Renaissance when some people are being excluded from what it means to be an African in South Africa?

As we speak there is a case that is pending in Durban whereby one ANC councillor was involved in the attacking of the immigrants that came to South Africa to seek refuge. Is South Africa the best place to host this event, bearing in mind the way people from the African continent are being treated in this county? Is our government doing enough to protect our African brothers and sisters? As far as we know we are not because even those who are supposed to protect them are the very first people to torture them and arrest them if they don’t give them money. Where is Africa, where is the spirit of Ubuntu in all this? Is being African to be defined by colour, race, gender, class or nationality?

What happened to the idea that South Africa belongs to all who live in it? What happened to the idea that Africa belongs to all who live in it? What happened to the idea that our heroes should be those that fight for the full inclusion of everyone and never those that fight to exclude some people?

Right now two Malawian gays have been sentenced for 14 years for coming out. None of the African heads of state have stepped forward to condemn this doing of the Malawi government. When we ask why it seems that the answer is because they all believe that ‘being Gay is unAfrican’. But there are many Gay people in Africa and therefore it cannot be ‘unAfrican to be Gay’.

As the Youth of Abahlali baseMjondolo we are sending solidarities to that Gay couple who will face 14 years imprisonment for being who they are, having the courage to be open about who they are and to believe in what they believe in. It is so wrong that innocent people who have harmed no one are sent to jail while the criminals are being protected outside and allowed to continue abusing innocent people.

In conclusion we would like to argue to the poor community that we must be very aware of the price of our silence in these times.

Some will say that they did not speak up when they came for the street traders because they are not street traders. Some will say that they did not speak up when they came for the shack dwellers because they are not living in shacks. Some will say that they did not speak up for the people born in other countries because they were born here. Some will say that they did not speak up for the full freedom of women because they are not women. Some will say that they did not speak up for Abahlali baseMjondolo because they never wore a red shirt. Some will say that they did not speak up for the Gays and Lesbians because they are not Lesbian or Gay.

The first price of our silence is that if we do not speak up for others then there will be no one left to speak up for us.

The second price of our silence is that an injury to one is always an injury to all. Gay and Lesbian people are our neighbours, our relatives, our colleagues, and our comrades. We must never forget that the struggle is connected in different ways.

Let us unite and defend the democracy that our forefathers and foremothers have fought for. Let us show the government and those who try to fight for their place in society by attacking others what real democracy is. Let us insist that Africa belongs to all who live in it.

Aluta Continua…..!!!

For comment or further information please contact Zodwa Nsibande on 082 830 2707.

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A Poor Man’s View on Freedom Day

A Poor Man’s View on Freedom Day

Lindela Figlan*

Mostly South Africans celebrate freedom day. Some they feel free but some do not feel free. Some are told that they are free and get excited because they trust those who tell them that they are free. They still have hope that one day the politicians will recognise them. As hard as it is we all have to face up to the reality that this is a false hope. We have to face up to the need for a second struggle.

There are two kinds of freedom. One kind of freedom is the freedom that every person in the world has inside of themselves. This is the freedom to decide how to respond to the circumstance in which they find themselves. Even under apartheid we all had this freedom. Some people chose the path of courage. Some chose the path of cowardice. But Freedom Day is not about this kind of freedom that comes from inside of people.

Freedom Day is about the kind of freedom that comes from society. One part of that freedom is the freedom that comes from real democracy, the freedom of all people to discuss matters and to make decisions for themselves. In South Africa this freedom has been taken from the poor. It has mostly been taken by the councillors and their committees. But they are supported up to a very high level.

Another part of the freedom that comes from society is about having what you need to be safe in the world and to be able to move through the world doing what you need to do. To enjoy this kind of freedom you must be free from all kinds of discrimination. But this kind of freedom is also dependent on having money or it is dependent on a state or community that can provide the things that people need – things like safe houses, transport, electricity, health care, education, lights on the streets and so on. But when it comes to this kind of freedom the reality is that only the rich, including those in government, are free. So the minority is really free in this way whereas the majority is still under the dark clouds.

On the 27th of April every year you see really very many buses transporting the people to full the stadiums. Some they sleep under the bridges, some they are begging in the city streets, and some they stay in the shacks. If you go to the stadiums to watch you see those in government dancing in front of the poor people. Some of those poor people arrive at the stadium hungry. There is nothing to eat at the stadium if you have no money. When they go to bed that night there will still be nothing to eat.

If you can ask how the government can get these buses you will be very surprised. If you can also ask who is going to pay, and how much, you will find that the money for those buses could pay for at least ten houses for people who are houseless. We have to ask ourselves why the politicians would rather pay for buses to transport houseless people to the stadiums than to pay for houses to house those people.

When you are watching these leaders dancing in front of the poor people you will see the watches on their arms – watches that can house two people who are houseless. And I’m not even talking about their fancy suits, shoes, ties or their also fancy cars. It is incredible how they can waste money on all these pretty things for themselves when the people don’t even have what is basic to life.

Those who are left behind now are the descendants of those who decided to fight for their country. They were not willing to leave the land of their ancestors to those who came to confiscate it. Those who accepted colonialism were those who were incorporated in to it. Their descendants are the rich today. Those who resisted were those who were defeated. Because they were not cowards, because they were prepared to die for their land, their descendants are sleeping in the bushes now. Their descendants are left behind now. We are not poor because we are dirty and stupid and lazy. We are poor because our ancestors were defeated. We do not need education from NGOs or the government on how to develop ourselves. We do not need savings groups or training on how to wash our hands. What we need is justice. It is not for nothing that our shirts are red.

Some of those who are left behind go to the stadiums and sing freedom songs with the hope that one day they will be free. The pain and fear that they are feeling is making them to run like headless chickens. This is a very sad situation. You can run to the stadium in hope that the politicians will recognise your suffering but when they drive off you take the bus back to life in the shade – sleeping under bridges, burning in the shack fires, harassed by the land invasions unit and the police, cleaning and securing the homes of the rich, toiling on the farms for peanuts.

When those who are left behind ask “Where is this freedom that we have been jointly fighting for?” the answer is always: “Be patient comrades. You all know how the white minority government damaged this country. We are trying to solve these problems now but it will take time. We need you to be patient and to be loyal, to root out the trouble makers so that we can continue with development.”

But really if you can count how much money has been wasted on the arms deal, travelgate and the World Cup it will soon become clear to you that this government is not interested in what the people on the ground need. The lives of the poor people are still the same if not becoming worse. Yet we are told that we are free.

On 27 April 2010 the Poor People’s Alliance in KwaZulu-Natal organised our own UnFreedom Day in a place called Babanangu. I was so shocked to see the people in one place living with wild animals. I asked myself “Is this the freedom that we fought for? For people to made to live with wild animals?” Maybe some will think that I am lying but anyone who doubts me can go and see for themselves. There is no clean water there, there are no roads, no schools, no clinic and the people are complaining about the number of cows that they are allowed to store.

The crisis of our country is in the cities too. Some in the shacks they lose their land and homes because of shack fires. But come Freedom Day they go to the stadiums and for those moments as they are singing together there they feel free. But then they must go home.

What I can say is that what is being called freedom in South Africa is a big corruption. I don’t only mean that there is corruption everywhere. I also mean that the idea of what freedom really is has been corrupted. Just look at the fact that there is never any money to develop poor communities but there is all this money for the 2010 World Cup. The government says that we must “feel it, it is here”. All that the poor can feel is what we feel in our real lives – leaking shacks, shack fires, long queues for water, the dangers of life without toilets, evictions, disconnections, bosses that do not respect our humanity, unemployment, lying and corrupt councillors, a lack of safety for women and crime.

All that I can see is that the money for the poor has been wasted on the World Cup. If this was a government that cared about the poor they would have said to FIFA “Come to our country. We will welcome you. But you must live where our people live, eat where our people eat and play and watch soccer where our people play and watch soccer”. Instead they are attacking the poor, driving us out of the cities, and creating a new and segregated homeland for the rich in which they will hold the World Cup.

How different our country would have been if the government took all the money that it spent on the World Cup and spent it on the poor. How different our country would have been if the government decided to seriously emancipate the people from poverty and from criminals. By criminals I don’t only mean those men that attack women in the bushes where they are forced to seek privacy in the night because they don’t have toilets. I don’t only mean those who wait for us to get paid at the end of the month and then rob us. I also mean those who are committing huge corruption. We should remember that there are degrees in criminology.

I wonder if God can say that all those who died for our freedom can rise again. If they could rise again would they go to the stadiums to watch the politicians dancing in front of the poor? Or would they hide their eyes in disappointment and shame?

All I can say is that the people of this country must force the politicians to stop fighting about tenders. We need what is ours. The land and the wealth of this country must be shared. The politicians must be forced to become the servants of the people. The politicians must stop making excuses about how the white minority government damaged this country. We know that that is true. But we fought for a new government to change this country. We want an end to corruption right now. We want an end to a government that only wants to be the new partners of the old oppressors. We want a country where everybody can be happy and enjoy the fruits of his or her toil. We want a country where everybody can be safe. We want real freedom.

I was in Brazil for a few weeks last year. In Brazil I noticed that they have the same system that we have here. Even the new BRT buses that we are getting here are the same as those that they have in Brazil. Last year I was reading a paper where it said that some of those people who will lose their jobs for the BRT they are going to be trained as security guards, some are going to be trained to fix the cars and the buses. I was so disappointed to see that some are going to be security guards because I am a security guard. We are so exploited as guards. We are exploited physically, emotionally and financially. This was something laughable when I heard about it. I remembered when one politician laughed at another one saying that his only qualification was to be a security guard. He was undermining all the security guards yet all around him there were guards.

I wonder why they decided to nominate April of all months as Freedom Day. The only thing I know about this month is the first day of it and when the people fill the stadiums I feel like the politicians are fooling the people. There is no reason to say that you are free when you know that you are not.

We as the poor, whether we are in South Africa, Zimbabwe, Brazil or Italy, we have to support each other and give courage to each other so that we can strengthen the freedom that is in us all. We need to strengthen this freedom so that we can use it to struggle for a free society.

To those who feel bad about how we criticise the politicians I can say that if they do good then I will praise that.

*Lindela ‘Mashumi’ Figlan is a security guard, the Deputy President of Abahlali baseMjondolo and a political refugee.

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Solidarity with Masangweni Village

Dear Friends of Justice,

Please find a a request for signing up a petition on behalf of the Masangweni village. Two of their school kids were ambushed by farm watch guards in 2006. One died instantly and the other died a few months. To date the two suspects are yet to stand trial. The case has been to court but only to be postponed all these years. This rural community has tried to lobby numerous relevant government departments but with no success. They are now trying to petition President Jacob Zuma.

In order to sign the petition please visit the following website:
http://www.thepetitionsite.com/1/justice-4-Masangweni-school-kids

For more information you can contact Mr. Mdu Sibisi (073 387965) or Ms. Thina Mthethwa (082 299 4180).

Your support will be highly appreciated.

Aluta continua

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Speech by Thembani Ngongoma in Rome

Click here to listen to the audio file of the speech by Thembani Ngongoma.

Talk by Thembani Ngongoma at the Press Conference to Launch the Abahlali baseMjondolo Social Tour to Italy in Rome, May 2010

These are rough notes from the audio file – not an exact transcript

In Abahlali there is no “I”, there is only “we” – and I am not going to say my position in Abahlali because that is not important. With Abahlali what matters most is what you neighbour is doing with you. We come from South Africa, in the province of KZN, and a city known as Durban – specifically Siyanda, an informal settlement.

My lovely SA, which has a beautiful constitution that is admired by the world. Most surprisingly, take it from me, with such a beautiful constitution – the highest law of the land – most of the poor people still have to fight for their rights. Why is it like that?

It seems that everywhere, government officials behave in the very same way – as if they landed from outer space and they don’t know the circumstances that the people live in. They pretend they don’t know poverty when they turn away at people’s struggle, they pretend that they know what poverty is when they sit in their offices alone deciding for the people, instead of engaging them.

What amazes me is that the very same people that vote them into power are the very same people that suffer under their leadership – and I don’t know why it is like that. I am supposed to be happy but I am not happy at all . The reason I should be happy is that the FIFA World Cup is coming to my country South Africa, Africa. But I cannot be happy, I cannot be happy because it excludes the majority of the poor people. If we must talk more about the World Cup, we can make the time to talk about that.

I want to go deeper into what Abahlali is and what they stand for. Abahlali are a social movement for the poor, by the poor people. Most of the members live in informal settlements. A thing that amazes me is that, immediately after the attacks in Kennedy Road last year, which were meant to obliterate our movement, we have been joined by poor people living in the flats in the inner city. So instead of collapsing, the organisation is growing bigger. We must share with you why? I can safely tell you it is because we stand for the reality, we stand for the truth.

We are an organisation that is fighting for social justice. Yes, our country was politically emancipated, but let me tell you, that political liberation was much easier than the fight for social justice in our country. We are fighting the biggest battle – that our government has a meaningful engagement with us, the poor people, the voters. Instead of the government authorities deciding for the people, the people must decide for themselves – the people are the ones who know, and they need to decide what they want and how they want to be treated. We want to be true citizens. At this time, the freedom we have in SA is one-sided. We want to be in charge of our own affairs. We know that this comes with responsibility. We want to be decision-makers and partners with government – not just treated as subjects of the government.

And that is what Abahlali would like to see across the world. We have realised that there is the same problem that is happening globally – not only in South Africa.

We have organised ourselves as the poor peoples movement and it is now beginning to bear fruit. But I can warn you – it is not easy! It comes with blood, tears, and casualties. But that also is unavoidable – it is the only way out of the situation that we are in.

Maybe Brother Filippo has shared with you about how AbM was formed – but let me tell you a few things as well. Can you imagine when the very same people you trusted, the very same people you put into power for you, betray you? Kennedy Road was like any other settlement in SA. One day there was a meeting where the authorities promised residents that they have found land where there will be houses built for the people. And that land was just nearby – across the road. After that meeting, everyone went home smiling, happy that at last something is happening for them. After a week or so, they saw the big tractors to dig the land – and they became excited. They went out of their shacks to see, and began to ask the driver of the tractor some questions. To their disappointment, the work was not for them. The answer was that the land was being prepared for a company that will make bricks, not for housing for the people. How can you work with people who cannot maintain any trust? The people took to the streets, blockaded Umgeni Road – and then the police came in. They did not come just to smile and kiss the people! They tear-gassed, sjambokked and arrested them. And that is why I have said before – the people of SA must not think that things have changed from the time when the apartheid police abused the people before 1994.

When government people make promises, the police are not called in. But when [at this point Thembani apologises for becoming emotional and has to pause in his address] when the time comes when they fail to deliver what they promised, and we march to their offices to ask why they have failed, then they bring the police, and then the police become the buffer zone between the promise and the ones who were promised. They are there in an attempt to prevent giving answers to the people.

And after the people of Kennedy Road were brutalised in this way, they went back to the drawing board and decided what they should do for themselves. They had an idea that they should organise because nobody was willing to assist – they realised that they were on their own. And this is how it is – if you don’t have money, if you don’t have a posh vehicle, and nice big house, nobody will listen to you. And that is why Abahlali was formed as a social movement – to address directly their own issues, in their own settlements, and in their own way.

Perhaps you will think we are asking for mansions to be built for us? – it’s not like that! They are only asking for basic services, adequate houses, safe water, basic health services etc – and mind you, it is all there in the Constitution! Most of Abahlali membership face evictions – in the flats and in the settlements – but the Constitution states clearly that there must be meaningful engagement before any such a thing happens. That is the reason we took government to Constitutional Court to challenge the Slums Act. What is amazing is that this case went through 2 courts – first, the High Court in Durban, where we lost our case, and then the Constitutional Court, where we got a ruling in favour of the poor people. Why did we fail in High Court? – because anything to do with this social movement always has political interference – even in the courts of justice. That is the kind of struggle we are facing in everyday lives in South Africa, and that is why I say I am supposed to be happy the World Cup is coming but I am not.

I am also urging everyone who sees the need for social justice to organise – we have a lot to share. Being in a social movement is like being in a war – you have a lot of battles to fight, you win some and you lose some – you only pray that the number of battles you lose equals the number you win. I can say with confidence- we are here to share with the poor people of Italy our victories, but also our failures because we learn from them.

That is all I can say for now – thank you.

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The Poor Must Claim the Right to be Housed Within Well Located Land

The Poor Must Claim the Right to be Housed Within Well Located Land

Mzonke Poni

What does this notion (The Right to the City) means to the poor? This simply means:

1. It means improving the quality of life (as the preamble to the Constitution says the government has a duty to ‘improve the quality of life of all citizen and free the potential of each person.

2. It will promote social and economic development (as section 152 of the Constitution says local government must provide services to communities in a sustainable way, it must promote social and economic development, and furthers says it must encourage communities and community organizations to be involved in the matters of local government.

3. It will respect, promote, protect and fulfil the rights in the Bill of Rights (as section 7(2) of the Constitution places a duty on the state to respect, protect, promote and fulfil the Rights in the Bill of Rights.

The Right to the City should not be seen as just a demand to be housed within the city but it should be looked at how it will improve the quality of life for the poor. We need to understand that 40% of South Africans are still living below poverty lines and more than 2 millions of South Africans are still living within informal settlements with no tenure security and with possible evictions on their heads.

If 40 % of South Africans are still living below poverty lines, this means that section 21 (1) which says everyone has the right to freedom of movement will only be applicable to a certain class (this means its only the rich people who will only enjoy this right, at the expenses of the poor and be defended by relevant legislations, laws and by laws) and this means the gap between the rich and the poor will continue growing in South Africa.

As long as the South African government continues to undermine the afore-mentioned rights for the poor, then the poor are left with no option but to actively take responsibility to ensure that they restore their dignity and improve the quality of their lives.

This can only be done and be achieved not by relying on government any more. We gave them opportunity to deliver services to our communities but 16 years down the line people are still living under appalling conditions with no access to clean water, electricity, toilets and decent houses and our people still continue to die everyday on shack fires, illegal electricity connections and etc.

Now is the time for the poor not to listen at empty promises any more, now is the time for the poor not to be patient any more, now is the time for the poor to do away with party politics and rally behind a united front, now is the time for the poor to do away with useless negotiation, time for negotiation is over, there’s no time to talk now is the time for action.

The time to wait for government to build houses for the poor in the city is over now is the time for the poor to house themselves forcefully within the city.

During the 2010 Fifa World Cup here in South Africa, all the poor must stand up and show the world that we are not excited about the World Cup because it is not for the poor but for the rich.

The time to wait for government to identify land for the poor is over. We gave them enough time to do that and they failed but to identify land to build expensive stadiums which will only be used for 1 month and spend lot of billions it was easy for them to do that, and they even evicted many people forcefully just to ensure that they meet Fifa requirements and standards.

And it is clear that this government is not accountable to the poor but to the rich, now it is the time for the poor to occupy empty land within the city during 2010 world cup so that we can show the world if how arrogant our government is when they will evict us and demolish our structures.

It is the time now to occupy their offices and turn them into living space, so that we can show the world if how heartless they are when they throw us out of their offices like dogs.

It is time now for those who were evicted under the bridge within the city to claim back their space so that we can show the world that we are still alive, visible and refused to dumped in the dumping sites which distract our livelihood.

Aluta Continua

Mzonke Poni is Chairperson of Abahlali baseMjondolo of the Western Cape
abmwesterncape@abahlali.org
0732562036

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Mondiali al contrario – Abahlali baseMjondolo Social Tour to Italy

Click here to read more about Abahlali baseMjondolo in Italiano on this website, here to read more about Mondiali al Contrario and here to read more about Abahlali baseMjondolo and the trip to Italy at the Clandestino website.

The Abahlali baseMjondolo Visit to Italy – May 18th to 30th

From May 18th to 30th three elected representatives of Abahlali baseMjondolo will meet associations and movements in ITaly; they will explain what the World Cup means for poor South Africans, they will speak about the Abahlali fight for land, houses, dignity and democracy in post-apartheid South Africa and also listen to the story of the social fights that comrades are carrying ahead in Italy. It is a precious and extraordinary occasion that various people have already picked up. These are the main initiatives in place:

Tuesday, May 18: Rome and Castel Volturno
[tonibona22@gmail.com, tel. ]
[11,20] arrival at Fiumicino;
[14] Carta [via dello Scalo di San Lorenzo 67]: press conference to introduce the campaign [tel. 06 45495659]
[18] meeting in Castel Volturno.

Wednesday, May 19: Reggio Calabria
[tiziana.barilla@gmail.com]
[18] Social centre “A. Cartella” [via Quarnaro I Gallico], in collaboration with Rosarno’s “Osservatorio migranti Africalabria”: assembly, movie screening and meeting with the Abahlali delegation;
[20] Fundraising dinner

Thursday, May 20: L’Aquila
[saravegni@asud.net]
Soccer match, assembly/debate, movie screening, visit to Pescomaggiore self-build village.

Friday, May 21: L’Aquila and Chieti
[mi.cito@libero.it]
Morning: L’Aquila.
Afternoon: Chieti [17,30] sala della Provincia, Abruzzo Social Forum promotes a public meeting with Abahlali

Saturday, May 22: Pisa
[rebeldia@inventati.org]
Laboratorio Rebeldìa: meeting [18] and dinner [20].
Sunday, May 23: Verona
abm.verona@gmail.com [320 1993967]
Sala Civica Elisabetta Lodi [San Giovanni in Valle]:aperitivo [20] and meeting [21].

Monday, May 24: Santorso and Vicenza
[marco.palma@comune.santorso.vi.it]
[18,30] meeting in Santorso;
[20,30] Vicenza, Presidio permanente: dinner
[21] Presidio: theatre exhibition and meeting.

Tuesday, May 25: Milan
[pabuda@hotmail.com, pera@insicuri.net]
[20] Cascina Torchiera, in collaboration with the association Todo Cambia: dinner
[21] meeting.
Wednesday, May 26: Varese
[graziella.perin@gmail.com]
Meeting to be defined.

Thursday, May 27: Tourin and Val di Susa
[filomondi@gmail.com]
[10] Meeting at the University of Turin with Collettivo Bonobo (Department of Political Science) and Collettivo Riserva Culturale (Department of Letters and Philosophy).
Presidio di Borgone organises a visit to other sites in the valley [Venaus, Susa, Sant’Antonino]. In the evening [20]: open dinner at Presidio di Borgone [everyone is welcome: bring food, we will eat on the grass]; 21,15: meeting/discussion «Mondiali al contr
Friday, May 28: Val di Susa
[cgrigli@tin.it]
Meeting with the students of Des Ambrois, Oulx [institute located on the «olympic mountains 2006]. Lunch and visit to natural sites which have been devastated by the interventions for the Olympic games.

Saturday 29 and Sunday 30: Rome
[carmosino@carta.org]
[20] Assembly/debate (hosted by the social centre “Strike”) have already been scheduled, as well as the presentation of the book: «Molto più di un gioco. Il calcio contro l’apartheid» [Iacobelli]. Screening of «Breyani and the councillor» and «Dear Mandela». There will also be a one day trip with the Osservatorio antirazzista to “Città dell’altra economia”, Casette rosse, Forte Prenestino and Pigneto.
Monday, May 31: Rome/South Africa
[19,25] Departure for South Africa.

Campaign coordination

“Mondiali al contrario” is coordinated by Filippo Mondini and Antonio Bonato [Comboni missionaries from Castel Volturno], Francesco Gastaldon [researcher], Michele Citoni [journalist and videomaker], Carta editorial team. For more information: Carta, via dello Scalo di San Lorenzo 67, 00185 Roma.
Tel. 06 45495659 (Gianluca Carmosino, Carta), carmosino@carta.org
Tel. 333 7322892 (Filippo Mondini, in charge of the tour)

How to support the campaign

Everyone can support the campaign “Mondiali al contrario” even with small quotas of at least 30 euros, 200 euros for social organizations. To issue a bank transfer please use these bank details: Banco di Napoli – Collegio Missioni Africane, via Matilde Serao 8 81030 Castelvolturno [Ce], causale «Mondiali al contrario» IBAN IT92Y0101074820000027005524ccp n. 19884808 or conto corrente postale n. 19884808, Missionari Comboniani via Matilde Serao 8, 81030 Castel Volturno [Ce], object of payment: “Mondiali al contrario”.

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LCAP in Solidarity with AbM

http://www.lcap.org.uk/?p=319

LCAP in solidarity with South African people’s movement – Abahlali baseMjondolo

Our eyes are on Durban, but not for the World Cup

Today, Friday 14 May, a deputation from London Coalition Against Poverty visited the South African High Commission to deliver a message in solidarity with their sister group in Durban, the shackdwellers’ movement, Abahlali baseMjondolo. Even with the world’s attention focused on their city, the group is experiencing massive repression and its leaders have been driven into hiding.

The letter was delivered to coincide with the court appearance of twelve Abahlali activists, arrested during two days of massive attacks on their settlement. Amnesty International states that an armed mob of 500 people attacked their community on 26 and 27 September last year, targeting members of Abahlali in particular. Not a single person has been arrested for this violence, yet the Kennedy 12 are still facing the courts – with no evidence led thus far.

London Coalition Against Poverty was joined by members of War on Want today to deliver their message to the High Commissioner. They want the charges against the Kennedy 12 to be dropped and the five activists to be released from prison. They are also calling an independent and credible commission of inquiry into the attack and ongoing intimidation in Kennedy Road.

Georgie, an member of LCAP says:

Abahlali had won promises for better housing from the local government before the World Cup came to town. Now their movement is being crushed and they’re in a worse position than before. Our Housing Group in Hackney is worried that the Olympics will mean broken promises for us too. That’s why we want to link up and show that movements around the world are willing to defend each other’s rights.

Anna, also from LCAP said:

Our eyes are on Durban, but not for the World Cup. Abahlali is a democratic voice for people in its communities and we will not watch it be stamped out. We want justice for the Kennedy 12 and for Abahlali to have the freedom to organise its movement again.

Notes to editors

1. London Coalition Against Poverty is an organisation based on the idea that through solidarity and direct action, ordinary people have the power to change our own lives. We undertake direct action casework and campaign on housing, benefits and workers’ rights: www.lcap.org.uk

2. Amnesty International has also condemned the treatment of the Kennedy 12 and called for an independent investigation, as well as expressing concerns about the involvement of political officials in the violence at the Kennedy Road Settlement: http://www.amnesty.org/en/library/asset/AFR53/011/2009/en/53fce922-d49e-4537-b3bb-84060cf84c85/afr530112009en.html

3. ‘Speak to us not about us’ is one of Abahlali’s demands. Read about Abahlali baseMjondolo in their own words: http://www.abahlali.org/

4. This is the full text of our letter to the High Commissioner:

His Excellency Dr Zola Skweyiya

South Africa House
Trafalgar Square

London WC2N 5DP

14 May 2010

Dear High Commissioner,

Justice for the Kennedy 12!

Today twelve people will appear in court in Y Court, Durban. In our view they were arrested not because they committed any crime, but because as members of Abahlali baseMjondolo they demanded justice for their community at Kennedy Road.

Their experience of the justice system so far has been appalling: Five of those in court have been held in Westville Prison since September last year. None of their court appearances this year have been recorded. Their defence lawyer has been denied access to police dockets and records of past hearings. They and their family members and supporters have been threatened, both inside and immediately outside the magistrate’s court. No evidence has been led in court to connect the Kennedy 12 with the two deaths that occurred on the night of September 26.

These arrests should never have taken place. They happened in the wake of violent attacks on Kennedy Road on 26-27 September 2009, of which police and local politicians were aware but did nothing to intervene. The perpetrators of this violence, which has driven the leaders of the movement into hiding, have never been pursued.

Next month, the whole world will have its eyes on Durban. We want you to know that ours are on Kennedy Road and on the treatment of our sister group who dare to demand justice despite the repression they have faced.

Please take immediate action to ensure that the charges against the Kennedy 12 are dropped and the five activists are released from prison. We join Abahlali baseMjondolo in calling for an independent and credible commission of inquiry into the attack and ongoing intimidation in Kennedy Road.

Yours sincerely,

for London Coalition Against Poverty

For more information on this injustice, please see Amnesty International’s report of 12 December: http://www.amnesty.org/en/library/asset/AFR53/011/2009/en/53fce922-d49e-4537-b3bb-84060cf84c85/afr530112009en.html or the Abahlali baseMjondolo website: http://www.abahlali.org/

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Once Again the Name of Our Movement is Being Abused by the NGOs

Friday, 14 May 2010
Abahlali baseMjondolo Press Statement

Once Again the Name of Our Movement is Being Abused by the NGOs

On Tuesday this week we were shocked to read an article in The Sowetan by Patrick Magebhula in which Magebhula claimed that Abahlali baseMjondolo is part of the Informal Settlement Network (ISN) which falls under the control of the global NGO Shack Dwellers International (SDI). Benjamin Bradlow from SDI later sent the article to the press.

Last year, after our movement was attacked, we were invited to a meeting, in Durban, of all shack dwellers’ organisations. We discussed the invitation and decided to elect two representatives from our movement to attend that meeting. At that meeting solidarity was expressed with us and a promise was made, by Mzwanele Zulu of the Joe Slovo Task Team (which has now joined SDI), to organise marches in support of us in Johannesburg and Cape Town. We accepted this offer of solidarity. In a time when a shack dwellers organisation is suffering violent state backed attacks it makes good sense for different organisations, with different politics, to unite around a shared opposition to these attacks and a shared commitment to the right of shack dwellers to organise themselves as they choose to. However at that meeting we never agreed to join the ISN. After the meeting we heard nothing further about the promises of solidarity that were made to us.

Our movement is organised on a completely different basis to the Federation of the Urban Poor (FedUp), which falls under SDI, and we have developed a completely different politics to SDI. Our movement falls under no one other than its members. We do not believe that progress will come by friendship and loyalty to an oppressive government. It is clear to us that the government gives so many millions to SDI because they believe that SDI will help them to control the poor. We believe that we have a duty to resist oppression. We believe that it is essential for the poor to organise and to build our own power against the rich, against the politicians and against that part of civil society that think that it has a natural right to represent the poor.

However we are a democratic organisation and we respect the right of everyone to choose their own politics. We work with shack dwellers’ organisations that have chosen to affiliate themselves to SDI when they have good intentions and when we have areas of common concern. For example we are always happy to work with “General” Alfred Moyo in Makause in Johannesburg. The people in Makause have had to confront evictions and violence from the state as well as xenophobia. They understand very well the challenges that any shack dweller’s organisation must face in South Africa.

But the fact is that we did not join the ISN, we have never joined the ISN and we are not even aware of their programmes and projects. It is simply untrue for Patrick Magebhula to claim that we, along with the Federation of the Urban Poor (FedUP) and the South African National Civics Organisation (SANCO) fall under the ISN. And it is simply untrue for Benjamin Bradlow to imply that, because we are claimed to fall under the ISN, we therefore fall under SDI.

We have seen no living solidarity from SDI or their ISN while we have been under attack. SDI did issue one statement after the attack but after that all we have seen is statements from SDI praising the government – the same government that evicts us, disconnects us, arrests us, beats us and supports a violent attack against us. All we see is that the notorious Lindiwe Sisulu, who abandoned Breaking New Ground and the Constitution to try and ‘eradicate’ us from the cities, is chair of the board of SDI. In our view it is a disgrace that an organisation that claims to be working in the interests of shack dwellers can have someone like Sisulu as the chair of its board.

We have paid a very high price to keep our autonomy from NGOs. We will never give up that autonomy. We will always be directed by no one other than our members and the discussions that we organise in our meetings. We are willing to work on areas of common concern with organisations that respect our autonomy but the fact is that there are very, very few NGOs that are willing to respect the autonomy of a poor people’s movement. We, along with other movements, have had long experience of NGOs claiming that they represent us when they do not, claiming to be working with us when they are not, offering money and expensive presents to individuals to try and buy our support and so on. The NGOs on the left and on the right often behave in exactly the same way. We have also had long and bitter experience with NGOs that respond to us in exactly the same way as the state when we reject their money and their authority. Some NGOs have the same ‘rule it or ruin it’ strategy as the state.

Our advice to Patrick Magebhula is to be honest with himself, with his organisations, with the media and with us. You cannot claim to represent an other organisation just because you once attended a meeting together. You cannot claim to represent people that you never consult with. We would like to caution him to always remember that what ever nice things that SDI says about the government and what ever nice things that the government says about SDI people are still living and dying in the shacks. People are still being burnt and evicted and beaten and arrested. We continue to recommend that a politics that is of the poor, by the poor and for the poor must start from this reality and not from the nice things that the government and a government funded NGO are saying about each other.

We are not part of the ISN and we have never been part of the ISN. But we are part of an alliance and that alliance is the Poor People’s Alliance (PPA). The PPA consists of Abahlali baseMjondolo (in Durban and in Cape Town), the Western Cape Anti-Eviction Campaign (in Cape Town), the Rural Network (in KwaZulu-Natal) and the Landless People’s Movement (in Johannesburg). We started that alliance when we rejected the authority of the left NGOs and, without one cent of donor money, started an alliance by the poor, for the poor and under the complete control of the organisations of the poor. Our alliance was carefully discussed and endorsed in all our movements. It unites poor people in shacks, flats, township houses and on farms. It is based on a refusal of party politics and a commitment to people’s politics. In this alliance we always aim to build a living solidarity between our organisations as we resist oppression and work to build the power of the poor. No one makes any decisions for the alliance except a meeting of representatives from all the organisations that make up our alliance. Sometimes this makes it hard for us to make decisions or to issue statements quickly. But when we say something it carries the real weight of all of our movements. This is our politics.

We do hope that both Patrick Magebhula and Benjamin Bradlow will issue a formal apology for misrepresenting our movement in this way. We have sent a letter to The Sowetan and asked them to publish a correction.

For more information or comment please contact the Abahlali baseMjondolo Office on 031 304 6420.

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Justice Delayed and Denied Once More for the Kennedy 12

Friday, 14 May 2010
Abahlali baseMjondolo Press Statement

Justice Delayed and Denied Once More for the Kennedy 12

The Kennedy 12 appeared in Y court today. The defence lawyer was finally given case docket. At the hearing the magistrate set down 12 July 2010 as the trial date.

The five who are still in Westville Prison will appear before the same magistrate who refused them bail last year. Their bail application has been set down for Thursday 20 May 2010 at Court 10. The only difference will be that this time the defence will have been able to have read the docket before the bail application. But the accused will have spent eight months in prison before they are able to have a proper bail hearing. If the magistrate refuses bail again the matter will go the High Court on appeal.

In the eight months in which these five men have been rotting in Westville Prison – unable to work to support their families who were made homeless in the attack on AbM last year – no evidence of criminality on their part has been presented to the court. Instead there has been constant and blatant political interference. If the five who are still in jail are granted bail on 20 May they would already have served a long sentence without being found guilty of anything.

This is a political case and it will be a political trial. Our movement has always argued that the legal system is deeply biased towards the rich because good lawyers cost money and the rich have money and we don’t. We deeply appreciate the commitment of our comrade lawyers who have worked incredibly hard with us and for us. But we have always argued that the legal system must be freed from the rule of money. But now it is clear to us that there are two forces that are corrupting the legal system. One is money and the other is political oppression organised through the ANC.

There is no doubt that our comrades are political prisoners and that the trial that will begin on 12 July 2010 will be a political trial. We will do everything that we can to mobilise solidarity around this trial.

For more information or comment please contact Mzwake Mdlalose of the Kennedy Road Development Committee on 072 132 8458 or the Abahlali baseMjondolo Office on 031 304 6420.

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Justice delayed and denied for 12 Kennedy Road accused

http://www.themercury.co.za/index.php?fArticleId=5467508

Justice delayed and denied for 12 Kennedy Road accused

May 13, 2010 Edition 1

Jeff Guy

TOMORROW, 12 men are going to appear in court for the 11th time in nearly eight months. They have yet to be informed of the evidence against them.

“Justice delayed is justice denied” is described as a legal cliché, and my dictionary tells me that a cliché is a saying that has lost its impact through overuse. But for those who suffer the impact of justice delayed directly it is no cliché: the effects are devastating – and should be unacceptable to citizens of South Africa.

The crimes took place on the night of September 26-27, 2009, at the Kennedy Road centre of Abahlali baseMjondolo. Abahlali is a social movement of shack dwellers, founded at the Kennedy Road settlement in Durban, but now spread through much of South Africa with thousands of members.

The Kennedy Road Development Committee, which had earlier negotiated a development plan with the eThekwini municipality, and had also restricted the opening hours of shebeens, had just met when they were attacked by men with pangas and knobkieries, shouting pro-Zulu, anti-Mpondo slogans.

Two people died, 30 houses were burnt, property was looted, the occupants chased out, among them S’bu Zikode, the leader of the movement. They remain in hiding after death threats, and Abahlali now exercises its leadership away from the public eye – underground, as they say.

But the authorities reacted immediately and very publicly. Within 48 hours, on September 28, the office of the Department of Community Safety and Liaison announced that the provincial government had “moved swiftly to liberate a Durban community (Kennedy Road) that had been placed on an illegal curfew…” and “Matters came to a head at the weekend when a group of men brandishing an assortment of weapons… killed two people. Scores of others were injured.”

Accompanied by police, the MEC, Willies Mchunu, visited the settlement and a special task team was set up to hunt down the killers, and the promise was made that freedom would be restored to Kennedy Road.

Eight men were already under arrest, and five were arrested later. The charges could not be more serious – public violence, assault and murder. But now, after nearly eight months, they have still not been tried, and neither they, nor their lawyers, nor we the public, know what they did to merit these charges.

The big questions remain unanswered. Who attacked the Abahlali leadership at Kennedy Road, burnt the houses, destroyed property, driving families from their shelters, forcing them to live in hiding? How is it possible that those now under arrest themselves lost their homes in the attack? The provincial authorities publicly announced that Kennedy road had been “liberated”.

By whom and from whom? Could it really be that, as Abahlali believes, their attackers had local ANC support and were under instructions to rid Kennedy Road of an organisation that was providing effective support and services for the poor.

As long as answers to such questions are kept from us then the tensions and the misery and injustice with which the violence of the night of September 26 is surrounded grows and spreads, poisoning the lives of all those touched by it.

Consider what has happened in the courts. Since October, 2009, the accused have appeared in court on 10 occasions. At first bail applications were refused because no evidence had been placed before the court.

Then an identity parade was held after the accused had appeared in court. Seven were released on bail, five remained in prison, but the case was postponed into 2010. Five months, six months, seven months, a long time to be under bail conditions, property destroyed, families homeless, difficult to get a job. And a longer time to be in Westville Prison.

On May 4 the case came before the court again. The accused’s lawyer asked for copies of the statements upon which the charges were based.

After all, without them, the charges were just “bald allegations”. Again no decision was made: the magistrate declared that she was new to the case, had not been provided with information, and postponed proceedings until May 14.

The constitution tells us that the accused have the right “to be informed of the charge with sufficient detail to answer it” (35.3.a) and tried “without unreasonable delay” (35.3.d).

In this case the sufficiently detailed information has not been provided after nearly eight months. As a result, justice has been delayed, and denied, to 12 South Africans who were removed from their homes in September, 2009. Since then they have suffered detention, the loss of liberty, and with their families and dependants, the consequences of deprivation at all levels: jobs, work and income, basic housing, and a safe and secure family life.

And they have as yet only been accused – they wait to be told what they are supposed to have done.

# Jeff Guy is an emeritus professor of history at the University of KwaZulu-Natal.

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Statement from the kwaZulu-Natal Church Leaders’ Group on the Ongoing Intimidation in Kennedy Road

This statement was released on 26 April 2010

PRESS STATEMENT FROM THE KWAZULU-NATAL CHURCH LEADERS GROUP

As church leaders in KwaZulu Natal, we have noted a public statement (see footnote) released by the shack dweller’s movement, Abahlali baseMjondolo on Tuesday 20 April 2010. This statement makes explicit the continued, criminal and violent intimidation of members of Abahlali in Kennedy Road by elements of the ruling party, the ANC. This violence, oppression and intimidation continues the sustained attack on Abahlali in Kennedy Road, the low-light of which was surely the organised and violent attack launched in the night on September 28th of last year. We are not just disturbed by Abahlali’s most recent statement, we are outraged and we cannot remain silent.

While the official state calendar focuses on the celebration of ‘Freedom Day’ on 27 April, the anguished but powerful voice of the organised poor tells us in no uncertain terms that our country is marked more by un-freedom than freedom for the masses of the poor.

In our Christian calendar, so soon after Easter, we are especially mindful of Jesus’ resurrection at this time. What the few faithful women and then the disciples were witness to, was the force of life over death in the resurrected body of Christ. This is the basis of our freedom, our hope. Christ’s body was marked cruelly with the scars of his death at the hands of an oppressive regime determined to silence his promises of justice and life for the poor. The life of the resurrected Christ is present in the world when members of the body continue to live out that promise of life and justice, against the forces of death and injustice. We thank God for the brave and truthful fidelity of movements like Abahlali baseMjondolo which keep the hope of the resurrection alive and present in our world of death and injustice.

The injustice of the violence against, and the intimidation of, the poor must cease – specifically, by members of the ANC leadership against Nozuko Hulushe and her family, and members of Abahlali in Kennedy Road.

The injustice of detaining people in prison with no evidence being led against them must cease – specifically, the holding of five Abahlali members in Westville prison for six months.

Abahlali concluded their press release by reiterating their consistent call for an independent and credible commission of inquiry into the attack and ongoing intimidation in Kennedy Road. As the KwaZulu Natal Church Leaders’ Group, we continue to support this demand and give our full backing to Bishop Rubin Phillip’s current initiative to get such a Commission under way as soon as possible. The truth must be told.

Bishop Rubin Phillip

Chair: Kwa-Zulu Natal Church Leaders Group and Anglican Bishop of Natal (KZN)

26th April 2010

For more information: Tracy Kotiah at bishop@dionatal.org.za

For the full text of their statement see www.abahlali.org

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Are we Free or are We Being Blinded?

Click here to read the Rural Network statement.

26 April 2010
Unfreedom Day Press Statement of Abahlali baseMjondolo

Are we Free or are We Being Blinded?

Again, like in other years, Abahlali baseMjondolo will be mourning the sad state of our country 20 years after independence from the apartheid government and 16 years after the so-called,'freedom', which is really the freedom of the few. The majority of the people that live in this country are poor. They still living in the shacks that they have been living in even before we got the liberation, which raises the question of who this liberation that every one on the 27 April will be celebrating is really for?

Once again Abahlali this year will have the big reason not to celebrate this Freedom Day. In a really free country there would be freedom of association for everyone. But in South Africa this right is denied to the self-organised poor. Abahlali has been denied this right by those who believe that freedom only came because of them and that, therefore, no one has a right to organize the people without them. The world should remember that on the 26 and 27 September 2009, the Abahlali leadership and many ordinary members who are mainly Xhosa speaking people were chased out of Kennedy Road by a group of armed men. Later 14 Abahlali members were arrested and five of them are still in prison. We don’t know how long they will be kept there as the Investigating Officer and State Advocate say that they are are "still doing the investigation" even though it has been six months since this attack happen. The leadership of Abahlali is still living in exile in their own settlement, their own city, their own province and their own country.

Is this the freedom that our brothers and sisters died fighting for? The answer is clear and it is no. If a person is going to be threatened in order to intimidate her to withdraw her case against a person that attacked her, and if her children are going to be threatened by a politician that is abusing her power of working in the Provincial Parliament and is also a member of ANC, like it happened a week ago to Nozuko Hulushe who is an active member of Abahlali baseMjondolo who lives in Kennedy, then it is clear, again, that there is no real freedom in the country.

Is this a free country when grassroots organizations that have done everything that is required in terms of the Gatherings Act to organise a march find that their march is banned by Mike Sutcliffe just because he has power to do what ever he wants? Is this a free country when the police service who are supposed to protect us shoot to us? Is this a free country when the ANC can just decide to 'disband' our movement? Is this a free country when women are not safe on the streets after dark? Is this a free country when our children are chased from the schools because we don't have money? Is this a free country the people that live in the informal settlements are being dumped in the ’Transit Areas‘ which are situated 37 KM away from the City? Is this a free country when street traders are driven from the cities? Is this a free country when the taxis that are majority owned by black people will not be allowed to operate in the city center and only government buses will be allowed to transport commuters in the city? For example in the City of Durban the Public Taxis will end at Warwick.

In forty five days the world will be enjoying the so called,”African World Cup”. The question is will the poor enjoy or benefit? The answer is No. Who will benefit? The same people who will be celebrating the Freedom Day on the 27 April. The poor are being denied the right to sell near the stadiums and forced to sell their things far, far away from the stadiums. The taxi operators are also in trouble. Who will buy there? How will poor people be transported? Has the BRT replaced the black led transport industry? Can we really say that anyone in Blikkiesdorp is free?

We call upon all poor communities that live in the shacks as well as in rural areas to wake–up as we are heading to the local government election in 2011. The hyena that wears the skin of the sheep will be entering your communities to do door to door campaigning for their vote. Once you have voted for them you won't be able to speak to them. In order to speak to them you will have to make an appointment that is not shorter than a month. When that day comes you will be lucky if the meeting is not cancelled. And while you are waiting for that day to come the rats and the shack fires will be busy troubling you or the sheriff will be busy serving the eviction summons or the farm owner will have given you an ultimatum of ten days to evacuate his farm. Do not put your faith in the hyenas. Put your faith in yourself. Put your faith in your neighbour. Organise yourselves – build your own power.

This year Abahlali and Rural Network will be having our Unfreedom Day at Babanangu in Northern Zululand. All poor communities as well as all people that have a concern for our democracy that is under threat are invited to join hands and to defend it so that one day we will be able to celebrate the real democracy and freedom that is being enjoyed by everyone. The event will start at 10:00 a.m.

For more information contact:

Mnikelo Ndabankulu, Abahlali baseMjondolo spokesperson on: 079 745 0653
Mr. Mbhekiseni Mavuso, Rural Network spokesperson on: 072 2792 634

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Blue Ants Attack UT Section, Site B, Khayelitsha

25 April 2010
Abahlali baseMjondolo of the Western Cape Press Statement

Blue Ants Attack UT Section, Site B, Khayelitsha

Abahlali baseMjondolo condemns the continuation attack of our settlements by the City of Cape Town, Law Enforcement, Anti Land Invasion and it’s private agency.

On Thursday a house of a member of Abahlali baseMjondolo at UT section at Site B was demolished by the City’s Law Enforcement without any reason.

UT section has been existing for the past 15 years, but it came as a shock to most people within UT section when they saw Law Enforcement officers armed with guns, accompanied by the blue ants which were used to demolished the structures of Abahlali baseMjondolo at Macassar village last year.

According to the head of the operation from Law Enforcement, they were instructed by a member of the community who claimed to be the representative of the area, when the members of Abahlali baseMjondolo conducted their investigation within the area apparently it came as a shock to find out that the person is PETRIC who is linked to Shack Dwellers International (SDI), the same person has been collecting R7 from the community promising people that if they donate R7 SDI will relocate them within 6 months.

When he (PETRIC) was interrogated by the community members he said that, the houses he identified are housing izikili/ootsotsi (thugs) and he did this without any consultation of the community and the community executives.

As Abahlali baseMjondolo we condemn this kind of behaviour in our settlements, and we would like to note that no one may demolish anyone’s structure without a court order and we further note that the law enforcement and anti land invasion unit are not welcome in our settlements and they are not our friends.

We’re are confident to our elected leadership, and we do have our democratic ways to deal with our issues without any inclusion of the law enforcement, and if this is the program of the Shack Dwellers International we also condemn it.

For more information please contact: Vuyani @ 071 113 6764 for comment contact Mzonke Poni @ 073 256 2036

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ANC Intimidation Continues in Kennedy Road

Update: On the night of 25 April 8 more shacks were demolished following an ANC meeting in the settlement. The next morning 300 people were left homeless in a fire. The cause of the fire has not yet been established.

Tuesday, 20 April 2010
Abahlali baseMjondolo Press Statement

ANC Intimidation Continues in Kennedy Road

On Sunday an ANC MP in the Provincial Parliament by the name of Dora Dlamini intimidated Nozuko Hulushe, a Kennedy Road resident and Abahlali baseMjondolo member, and demanded that she withdraw her assault charge against a local ANC leader before the case goes to trial.

The violent intimidation of AbM in the Kennedy Road settlement began with mysterious but very well organised and extremely brutal assaults on AbM leaders S’bu Zikode and Mashumi Figlan. Then, as the whole world knows, an armed mob, chanting ethnic slogans, went from door to door on the night of 28 September 2009 driving well known AbM leaders and members from their homes. Their homes were destroyed and looted while the police and local politicians looked on. The office of Willies Mchunu, the provincial MEC for Safety & Security, issued a statement that declared that Kennedy Road had been ‘liberated’.

The intimidation of AbM members, including the demolition of people’s houses, continued in the settlement for months after the main attack. There has also been extreme public intimidation, including the open issuing of death threats against various people, at the court appearance of the people arrested after the attack on the movement. One person who does not live in the Kennedy Road settlement was threatened with death and had to flee her home after she commented on our Constitutional Court victory against the Slums Act on the TV news.

One of the many ongoing incidents of violent intimidation against AbM in Kennedy Road occurred on the 7th of February this year. Well known AbM member, Nozuko Hulushe, was publicly assaulted, without warning or provocation, by Zibuyile Ngcobo and her sister Nana. Zibuyile Ngcobo is a well known ANC member and a member of the ANC BEC in Ward 25. She was part of the same group that attacked AbM on 28 September 2009 and she was also involved in the attack on AbM comrades from Siyanda while they were in the Kennedy Road settlement. She was made chairperson of the Kennedy Road ANC branch after the elected leadership was violently driven from the settlement. She is also alleged to have received a cheque from the ANC IN December. There are strong allegations that some of the attackers were paid for driving AbM out of Kennedy Road. Ngcobo attended all the court appearances for the Kennedy 13 wearing a dress made from a Jacob Zuma flag and she engaged in highly threatening behaviour outside the court.

On 7 February Ngcobo and her sister attacked Nozuko Hulushe with sticks and a brick beating her to the ground and pulling out her hair. During the beating Nozuko was told that she was ‘a problem in the community’ as she ‘did not attend ANC meetings’. Nozuko was severely injured in the attack and two of her teeth were knocked loose. It seemed that her attackers would have killed her if they had not been stopped. The attack was only stopped, as the main attack on 28 September 2009 was only stopped, when community members spontaneously intervened.

It has been very difficult and often impossible for AbM members who have been attacked, assaulted and driven from their homes in the Kennedy Road settlement to open cases with the police. This is not surprising in view of that the fact that the police and senior ANC politicians openly supported the attacks. However Nozuko was one of the few people who succeeded to open a case against her attackers. Immediately after she was beaten she went to the District Surgeon to complete the J8 form. There is therefore a good record of her injuries. There are a number of witnesses to the attack and she has a very strong case against Zibuyile Ngcobo. The case is due to be heard in court on 28 April 2010. This case will be very embarrassing for the ANC.

AbM has not been completely driven from the Kennedy Road settlement. Organising has continued in the settlement underground and more openly outside the settlement. There was strong support from Kennedy Road for the recent March on Jacob Zuma. Every Sunday the Kennedy Road AbM branch continues to have their regular meeting – but now they hold the assembly in a park in the city.

On Sunday Nozuko attended the weekly Kennedy Road AbM meeting in the park. When she returned to her home in the settlement she found that the Sydenham police were there with a woman, in a car with a driver. This woman was talking to her daughter. She told Nuzoko that she is working in parliament and she showed an ID card with her picture and an SAPS badge. It was written ‘Liaison Officer Member of Parliament’ and that her name was Dora Dlamini. Dlamini told Nozuko that she was there to work on abused women and she said that the case that Nuzoko has opened against Zibuyile Ngcobo is abusive. She instructed Nuzuko to withdraw the case before it goes to court. Nzukuko said that she knows her rights and that she refuses to withdraw the case. Dlamini said that she was ‘giving a homework’ to Nozuko and that she will came back later to check that the charges have been withdrawn. She was speaking as people who are having a higher position speak. She was very bolshy and refused to listen.

After Dlamini left Nozuko went to the Sydenham police station and tried to lay a charge of intimidation against her but they would not accept the case.

At 9:45 that night Nozuko received a threatening phone call from a private number. The caller warned her to drop the case. She received a further two phone calls before she switched her phone off.

We have known Dora Dlamini for a long time. She is from Ward 25 and has been living in Sydenham Heights for many years. When she got the position in parliament we were all very surprised. She was never useful to the community at all. She lived just up the road from Kennedy Road but we never saw her when the settlement burnt, when babies were dying of diarrhoea, when women were raped looking for a private place to go relive themselves in the night because we are denied toilets or when we lived, year after year, with 6 taps for thousands of people. But as soon as we ask for justice, as soon as ask for the truth to be recognised, as soon as we ask to be safe from political violence, as soon as we make it clear that we will not be beaten back into silence she is at the settlement to intimidate us.

If we lose hope in the ANC and organise ourselves we are attacked. But, really, can we be expected to maintain hope in the ANC if people like Dara Dlamini are taken to these high offices?

We were attacked in the night and driven from our homes. Many of us lost everything. Our attackers had the full support of the police and the politicians. That is not democracy. There is no democracy for the poor in this country. A democracy that is not for everyone is not a real democracy therefore there is no democracy for anyone in this country.

No evidence has been brought against our five comrades that are still in Westville Prison six months after the attack. But when we bring real and clear evidence against our attackers we are intimidated by powerful people who demand that we drop the case against them. When we are attacked and our homes are destroyed that attack is called‘liberation’. When we succeed to lay a charge against our attackers that charge is called ‘abuse’. Words have lost their proper meanings in this country. They have just become more weapons to keep us, as the poor, in our place.

We have had to develop our own democracy. We have had to develop our own analysis of the truth of what is happening in this country. We concluded, long ago, that the only force that will win the poor a decent place in this society – a place in the cities, in the discussions, in the schools, in the universities, on the land and in the economy – is the power of the organised poor. We invite everyone who is prepared to talk to us and not for us or about us to join us in the struggle to make this democracy real for the poor. Right now that struggle has to start with concrete actions to defend people who are under attack, who have been chased from their homes and who are in prison. We are issuing a clear warning to the ANC that if anything happens to Nozuko Hulushe we will hold them accountable. She has the full support of the whole of AbM and we will stand with her in this difficult time and we will keep standing with her until she is free to live in Kennedy Road and to support what ever organisation and ideas she wants to support.

We strongly feel that either the ANC or Willies Mchubu have given Dora Dlamini a mandate to intimidate Nozuko. After the attack on AbM Mchunu and his team prepared a report on what happened. They took a resolution that AbM ‘must be disbanded’ and reported this to parliament. We are calling on the ANC to give us some clarity. Have they given Dora Dlamini the mandate to intimidate Nuzuko? If it was not the ANC as a whole does the mandate come from Willies Mchunu? Will the ANC distance itself from Dora’s activities?

We repeat our call for an independent and credible commission of inquiry into the attack and ongoing intimidation in Kennedy Road.

For more information please contact Abahlali baseMjondolo on 031 304 6420.

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Really, it is a shame

This article, by Lindela ‘Mashumi’ Figlan, was published in today’s Daily News as ‘Hear the Voice of the Poor’.

Really, it is a shame

South Africans are facing tough times. It is a time when there is no humanity, a time when no one in government is interested to listen to your story if you are a poor person. There are good thinkers in this country, but if their ideologies are coming from the bottom up, from poor communities, no one is prepared to listen carefully.

A good example is what took place in the Kennedy Road shack settlement on the night of 26 September 2009. An armed group of people decided to get rid of the KRDC (Kennedy Road Development Committee), elected community leaders, and the movement of Abahlali baseMjondolo in Kennedy Road.

I was one of the victims. They came to my shack banging, trying to break my door. They were calling me “imPondo,” saying “We are here to kill you, ImPondo.” They were saying also that Abahlali President S’bu Zikode imposed the amaPondo over amaZulu.

After the attacks, an Honorable MEC said that the armed people were trying to deliver themselves from autocratic rule under Abahlali. After the attacks, a politician from the eThekwini Housing Department said that people from Eastern Cape in Kennedy Road are doing a tribal dance known as imfene, and that he only knows imfene in this province as associated with witchcraft.

Politicians are always encouraging people to go back to their roots, to be proud of what they are, to celebrate the day of heritage. But, surprisingly, the very same politicians use hate speech, like when they say a dance by people from the Eastern Cape is associated with witchcraft.

I want to know why these people decided (if we were wrong, autocratic or oppressive) to take law into their own hands. I’m always asking myself that question.

In other cases of this nature, if people decided to take law into their own hands, government intervenes to help those who are displaced. But, in this case, we are still displaced and exiled in our own country, a country that we fought for. Even the police, in this case, decided not to worry themselves about the attacks.

The government always discourages people from taking the law into their own hands. But, in this case, we just heard those in power encouraging the actions of armed people.

Instead of discouraging the armed people from taking the law into their own hands, discouraging them from destroying our homes, and taking our belongings, the politicians said that the armed people were trying to deliver themselves from the autocratic rule of Kennedy leaders. There was not even one word from the government condemning their actions.

Why? Whose country is this? Does this country belong to criminals? If so, where do the people belong?

The poor people in Kennedy were organized by means of democratic structures with the purpose of engaging the government. We were not organised by means of carrying weapons, threatening others, and destroying their homes and belongings. Is there anything wrong with poor people being involved in their own futures? Is there also anything wrong if poor people are organizing themselves in the name of humanity?

Now the Kennedy 5, members of Abahlali who committed no crime, are still behind bars. It looks like their case will take a very long time. The Magistrate admitted that there was a political interference, and that worries me. I want to know what about those who destroyed our homes and stole our belongings: why are they not behind bars?

I also was disappointed on the 17 Feb 2010 when I visited the Sydenham Police Station to open a case about what happened that night of the Kennedy attacks. I first went to CR Swart to open a case, and they instructed me to go to my nearest police station, the Sydenham Police station. I told the policemen at CR Swart that my aim was to avoid going to the Sydenham police because the situation was so tense, and I was not sure of my safety.

When I arrived at the Sydenham Police Station, I noticed that not even one officer was wearing a name tag, and that worried me a lot because it is not good to talk to somebody you don’t know. Then a police officer asked, “Can I help you?” I came closer, and I told him what I was there for. Then he asked me where I have been all this time, and I told him. Then he said, “My man, I see you are here to play and I got no time to play.” At the time, he was shouting and everyone was staring at me and laughing.

I was so disappointed and many questions came to my mind. Where did the people who destroyed our shacks get their mandate? The police know that we lost everything, but there is no one behind bars for doing something so unaccepted.

Is it yet uhuru, or is it not yet? How can anyone survive like this? Why in your own country are you treated as an animal? Why are we still in hiding if our government is still democratic? Academics, church leaders and many in countries overseas urge our government to intervene and to make sure that those who are displaced feel protected, but no one in government listens.

Whose country is this? The aim of Abahlali is not to take over power, but to make sure that this country is for everyone and also that everyone feels as part and parcel of this country.

I’ve been thinking about my child, and the children of all those who are displaced. I’ve been thinking about how to keep them together and make sure that what happened to their parents is not something to be underestimated. What happened is something which we all must roll-up our sleeves and fight. We must all fight for a pure democracy in this country, where everyone is counted as a human being.

It is a shame also when the politicians are asking why there are always violent protests in this beautiful country. But how can the people not get furious? How can they not protest if they are hungry and noticing that those who are supposed to help them are helping themselves?

Some say the reason there are so many so-called ‘service delivery protests’ is because some within the political parties are spoon-feeding the protesters because they want to be nominated in the next municipal election. The government is always saying that someone is telling the people to riot against their councillors, and the reason why they are doing it is that they want to take over as councillors.

That is naive thinking: Do they think poor people don’t see that either there is no service delivery or else it is the wrong king of delivery, a delivery that oppresses us? Do they think that poor people don’t know how to separate something good from something bad? It is an insult to think there are people spoon-feeding the poor. Do the poor need somebody to tell them about their suffering?

Please, come on, the poor know their problems without any help from anyone. So let us tell you what we need you to do. Now is the time to stop a top-down system and make sure that each and everyone can decide his or her own future. It is our lives and we are the masters of what we are.

One day we will see a difference between those who broke the law and those who were the victims of the system. We all know that the time is slowly coming where this country will belong to all those who live on it. Once that time comes, everybody will experience a difference between petty democracy and a true democracy. I believe that one day this country will be a pure democratic country as long the power always remains with the people. But at the moment these people in power are carrying two flags: a flag of dictatorship and a fake democratic flag.

Ayatya amaxhalanga, amahlungulu abukele!!!

BAHLALI MANYANANI, ELUMANYANWENI KUKHO UMVUZO.

Lindela S. Figlan: vice president and also a member of ABM.

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Solidarity With The Cloverdean Community

A Solidarity Statement from Abahlali baseMjondolo for the Easter Monday Cloverdean Community Prayer Meeting

Monday, 5 April 2010

We wish to thank ESSET, the Cloverdean Community and all participating churches, organisations and individuals for making this call for solidarity with the Cloverdean Community in Benoni, Johannesburg. Abahlali baseMjondolo believe it is necessary and just that in any normal society people who have a duty to God and to their country will not be silent in the face of oppression.

We have been informed about what has been done to you. It is incredible that while the politicians are celebrating ‘Human Rights Day’ the rich continue to use the state to wage war on the poor. We have been told how 75 families were evicted from the Cloverdean Farm where they had been living for more than 20 years. We have heard that old people and small babies are among those who have been driven from their homes and their land. We know that one of the elderly women of your community had a stroke out in the open land where you are now living and that she was discharged from the hospital back onto that open land. We have been made aware that one of the women of your community has been raped in the bushes. The difficulties faced by your children have been shared with us. Some of us know very well how it is to wake up on a piece of open land after a night of rain and to then have to get children clean and tidy to go to school.

Thembela Njenga has told us that when the land that you were living on was sold a few years ago you were promised RDP houses but that this promise was broken. We understand that you responded to the breaking of this promise by occupying empty RDP houses in Chief Luthuli Extension 5. You were evicted from those houses by the court and had to return to the dirt and dangers of the empty lands. Three weeks ago good hearted well wishers who could not stand to see human beings living like cattle gave you tents. On Thursday last week the Municipality sent the notorious Red Ants to take the tens, and your money, sentencing you, for the third time, to life out on the open land without water, without toilets and without, they believe, hope.

Many of us have experienced similar attacks on our security and our dignity. Many of us have been attacked by municipal security, driven from our homes and left, like wild animals, in the bush. We suffered and we suffered and we hoped in vain and then we suffered again. Then we said “Sekwanele!” Our comrades in the Western Cape Anti-Eviction Campaign, in the Landless People’s Movement and in the Rural Network have also decided that enough is enough. Once we had decided that enough was enough we began to build our movements. Each community must decide for themselves when they have reached the point of saying “Enough!”.

We are in solidarity with every community that is under attack. Your suffering is our suffering. We are being brought together by this shared oppression. But we are also being brought together by the decision to resist. It seems that you also took that decision to resist when you occupied the RDP houses after your first eviction. Therefore we greet you as our comrades in the new struggle – the struggle to build the power of the poor against the rich and against the politicians. The road of struggle is very hard. It is very dangerous. But what other choice is there when the government that many of us struggled for and voted for turns on us?

We affirm that your right to the city is your right to all socio-economic opportunities. We affirm that your right to the city is your right to decide your own future. We affirm that none of us deserves to be treated with such contempt in any of our hard won cities. We know of the hidden price that the poor must pay in all of our cities to keep our place in our cities and we condemn this attack on the poor by the Ekurhuleni Municipality in the strongest terms.

What has been done to you it is not just immoral but it is also criminal. Our legal system has strong biases towards the rich but even our legal system recognises that it is a criminal act to render someone homeless without the provision of any alternative adequate accommodation. The Ekurhuleni Municipality and the Red Ants are criminals. This fact must be confronted directly. We call upon people that are near to you – churches, community organisations, trade unions, academics and NGOs, to take a side with you – not for you but with you.

We have noted that there have been so many instances in which the poor have had to pay the highest price for the right to the cities – the same cities that we build, we secure and we clean. It has become normal that the poor should have no place in our cities. Now it is the turn of the Cloverdean Community but it is clear that we will all have our turn to be evicted from our homes and our places of work and to be beaten when we demand what is ordinary and basic – the right to be taken as human beings, to be treated with dignity.

We reject, clearly, the idea that others should interpret our struggles for us and without us. So many academics, NGOs and journalists never speak to us but tell the world that we are struggling for service delivery. We have refused to be seen as poor people who only want service delivery, a service delivery without justice and equality, a service delivery without respect and dignity, a service delivery with Red Ants, transit camps and cracked RDP houses in the middle of nowhere.

If we do not resist and challenge our exclusion from the cities with all means necessary we will find ourselves out in the open lands or the transit camps. It is high time that we must take all our places in all our cities without fear. Taking our place in our cities means holding the ground that we already have and taking more too. This will obviously mean that we must prepare ourselves to pay the price which some of us have already paid – attacks in the night, police beatings, being jailed, always being watched, lies – even being driven from our homes with the support of the police.

While you were evicted from your homes in Cloverdean the eThekwini Municipality was trying to evict us from our main streets and important public building when thousands of us wanted to march for Human Dignity in Durban on Human Rights Day. But we were many, we were united and we were not intimidated and so despite the heavily armed police force we were able to successfully and peacefully take our place in our city on that day.

Abahlali have always been warning that the anger of the poor can go in many directions. We continue to make this warning as we witness that all around the country struggling communities are taking to the streets. People are resisting all over our cities and all over the rural areas. People are refusing to be evicted from their land. People are refusing to be excluded from our cities’ planning and are demanding to be able to exercise full citizenship. We need, in this time, to be very clear about what we are fighting for. We are not fighting over the crumbs that are thrown at us by the rich and the politicians.

We affirm that South Africa belongs to all who live in it and that we all have a responsibility to do whatever it takes to protect the future of our children and to reclaim our citizenship with all its entitlements. We must refuse those who want to take our humanity away from us with little offers of service delivery and bribery. We must refuse those who want us to fight each other over the crumbs. We must all fight for land and production to be shared equally and fairly without any heavy price being paid by the poor while taking the same rights that the rich take freely and safely.

Furthermore, just as the people from around our cities, our country and our world are uniting in support of our struggle we express our support for our comrades elsewhere who are being crucified by the upcoming FIFA World Cup. We have stood with, and we will continue to stand with our comrades from the Mitchell’s Plain Concerned Hawkers and Traders Association in Cape Town, all the street traders in Durban and the National Informal Traders Forum, the South African Street Traders Association, the Diepsloot Informal Traders Association, MTC Traders Berea Mall, the Mall to Mall and all the Task Teams formulated to resist any attempts by the City of Johannesburg to evict them from their trading spaces. We will continue to stand with the Taxi Associations whose routes are banned and whose taxis are being impounded because the Department of Transport cannot issue them with Operating Permits. All this is being done to exclude all poor South Africans from benefiting from the World Cup so that our politicians can impress international dignitaries with how well they can oppress the poor. The true meaning of ‘a world class city’ is a city that oppresses its poor with high effectiveness – removing us, hiding us and breaking our struggles.

We do not want world class cities. We want cities for all – real people’s cities. We have decided to resist these attacks on the poor and we invite you and all struggling communities and their allies, their real allies, those prepared to work with and not for the poor, to take this resistance forward.

We say that these attacks on the poor must come to an end. We affirm that your struggle to resist eviction, crime, hunger, starvation and eviction from your homes, trading plots and operating routes is just. We will stand with you against all forms of repression in your struggle for land and freedom.

Amandla!

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The Guardian: Life in ‘Tin Can Town’ for the South Africans evicted ahead of World Cup

 

 




 

 

Click here to read this article in Italian, here to read a response in Portuguese, here to read a response in Flemish and here to see a slideshow of new pictures from Blikkiesdorp by Gareth Kingdon.

http://www.guardian.co.uk/world/2010/apr/01/south-africa-world-cup-blikkiesdorp

Life in 'Tin Can Town' for the South Africans evicted ahead of World Cup

Campaigners say conditions in Blikkiesdorp or 'Tin Can Town' are worse than in the townships created during apartheid

* David Smith Cape Town
* guardian.co.uk, Thursday 1 April

Children squint as wind whips the grey sand into their faces. A teenager braves the flies and stench of a leaking outdoor toilet to draw water from a standpipe. He stares vacantly along regimented rows of corrugated iron shacks encircled by a tall, concrete fence. No grass or trees grow here.

This is Tin Can Town, or Blikkiesdorp, described by the mayor of Cape Town as a "temporary relocation area" (TRA), but by its residents as a concentration camp. Many say they were forcibly evicted from their former homes and moved here against their will. And for this they blame one thing: the football World Cup.

"It's a dumping place," said Jane Roberts, who lives in the sparsely furnished structure known as M49. "They took people from the streets because they don't want them in the city for the World Cup. Now we are living in a concentration camp."

Roberts, 54, added: "It's like the devil runs this place. We have no freedom. The police come at night and beat adults and children. South Africa isn't showing the world what it's doing to its people. It only shows the World Cup."

President Jacob Zuma's government insists that sport's biggest showpiece is already benefiting the whole nation, creating jobs, improving infrastructure and transforming its image abroad. It has lavished some R13bn (£1.15bn) on world-class venues, with none more breathtaking than the Cape Town Stadium that will host England in June.

Yet a short drive from the city's expensively upgraded airport, a drive few tourists are likely to make, boys kick up dust and stones in Blikkiesdorp because the spending spree failed to provide them with a park.

Campaigners argue that this bleak place in Delft township shows that Africa's first World Cup has become a tool to impress wealthy foreigners at the expense of its own impoverished people. Residents say it is worse than the townships created by the white minority government before the end of racial apartheid in 1994.

In view of cloud-capped mountains, Blikkiesdorp was built in 2008 for an estimated R32m (£2.9m) to provide "emergency housing" for about 650 people who had been illegally occupying buildings. To visitors, the column after column of one-room shacks, each spraypainted with a designated code number, are disturbingly reminiscent of District 9, last year's hit science fiction film about space aliens forced to live in an informal Johannesburg settlement. Residents said this week there were about 15,000 people struggling to live in about 3,000 of the wood and iron structures, with more arriving all the time. City officials claimed these figures were inaccurate but said the site was designed to cater for 1,667 families in total.

In some cases families of six or seven people are crammed into living spaces of three by six metres. They complain that the corrugated walls swelter in summer temperatures of 40C and offer little protection from the cold in winter. Tuberculosis and HIV are rife. Babies have been born at Blikkiesdorp and, still unknown to the state, officially do not exist.

Brutality

The shacks are laid out in strict lines with little room for individual homemaking, though some residents have tried to build extensions, gardens and informal convenience stores, often protected by barbed wire. Above them loom poles with lighting and power cables that give the residents electricity. But between the shacks there is no paving, only roaming dogs, scraps of rubbish and grey sand that swirls in the wind.

There are no shower facilities and the standpipe taps lack bowls, so water tends to leak into the ground and under people's homes. Toilets are found inside grim concrete cubicles so small the locked door presses against the user's knees. Many have leaking roofs and are broken despite repeated promises to fix them.

Sandy Rossouw says she was among 366 people evicted from the Spes Bona Hostel in the district of Athlone three months ago because a stadium there is to be used for training by some of football's biggest stars. She is now one of five family members who squeeze into one bed in her shack at Blikkiesdorp.

"We were forced out of our hostel because of the World Cup," Rossouw said. "The hostel is on the main road to the stadium, only about 200 yards away. We didn't want to move because we're used to it and it's close to everything. But they said if we didn't get out, they would move us out with law enforcement.

"Here the whole place is under starvation. We can't even afford to make a pot of soup for our children. We send them to school without bread. People sell everything to get food and walk three hours to Athlone just to get a loaf of bread. When you do eat, there is sand in your food – you can feel it on your teeth.

"We were promised in January the toilets would be repaired but they're not. You've got eight families to a toilet and it's unhygienic."

Rossouw, 42, is among several residents who accuse the police of brutality. "It's like a jail, like a concentration camp," she continued. "If you're not inside at night, the police beat you. A few weeks ago they pointed an R5 rifle as if they were going to shoot people. They swore at us: 'This isn't fucking Athlone. You should go back to your place.'"

She argues that the fanfare around a month-long football tournament is hypocritical when people are going hungry. "I think they must cancel the World Cup because people are starving. They are renovating buildings in Cape Town for half a billion rand; why can't they spend that money here? It breaks my heart.

"When rich people come to the World Cup they must come to Blikkiesdorp first to see for themselves how people are living. It's worse than apartheid."

Among those suffering is Fatima Booysen, 40, who has lived in shack J22 with her husband, Abraham, and two daughters for more than a year. She said: "I can't shop, the rain is coming in, the child is sick. A lot of people have got TB now.

"It's very cold in winter. When you stand up in the morning you feel frozen, you can't feel your hands or feet.

"The children don't want to go to school. I've got a one-year-old grandchild who's sick today and has gone to hospital."

Residents say that unemployment is high and a lack of postal deliveries or official addresses makes it hard to find work. They also criticise their remote location, which requires them to pay for minibus taxis to the city, and say that children have been killed in accidents on Blikkiesdorp's thoroughfares and when crossing a nearby motorway. Crime is said to be high, with drug gangs moving into unused shacks, but the police offer little relief.

Court action

Badronessa Morris, 47, complained: "The police treat us like animals. They swear at us, pepper spray us, search us in public, even children. At 10 o'clock you must be inside: the police come and tell you to go into your place and turn down the music. In my old home we used to sit outside all night with the fire."

Morris was among families evicted from an informal settlement on the Symphony Way road. "We were one happy family on Symphony Way. Now we've moved to Blikkiesdorp it's like we're in chains, fighting each other, putting each other in jail.

"I know we were moved because of the World Cup. They don't want people to see shacks on the road in South Africa. They want everything perfect for the World Cup."

Other people have gone to court to resist a possible move to Blikkiesdorp. Last December five families living near the Athlone stadium were told their homes would be demolished to make way for a car park.

Llewellyn Wilters, 52, who has lived in his house for seven years, said: "I took a drive to Blikkiesdorp to check it out and don't think it's going to work. How are we going to take the kids to school and get to work?"

He added: "We were born in this area, we went to school here, we know the area and know all the people here. Why must we move out?"

Shack dwellers have mobilised against evictions in well-organised protests that make powerful use of new media. Pamela Beukes, 29, secretary of the Western Cape Anti-Eviction Campaign, condemned the rise of Blikkiesdorp: "They're creating a tin city. They're doing worse things than the apartheid regime did to the people. Under apartheid they gave us a brick house.

"The World Cup was supposed to bring a higher standard of living. But it's making it lower. People are saying, 'I don't want to watch soccer because it's the reason I was evicted.' It's as if we're lesser beings."

The city of Cape Town denies the accusation that it is dumping people in Blikkiesdorp because of the World Cup. Kylie Hatton, a spokeswoman, said in an email: "It is not true that the City of Cape Town is moving or displacing residents in informal areas in the runup to the 2010 Fifa World Cup.

"It is important to note that the TRA has been constructed for emergency accommodation needs and is provided by the city, and exceeds national housing requirements."

She added: "We have significant challenges regarding vandalism in the area, and in some cases our contractors have had to return to the site over four times to repair broken toilets, taps and electricity cables. This often then has an impact on services in the settlement."

But Blikkiesdorp is only one manifestation of a deeper disquiet in South Africa about the benefits, or otherwise, of hosting football's biggest festival. In Durban there are further demonstrations over evictions and reports that street children are forcibly being removed from the city centre to "safe areas" far away.

Tens of thousands of informal traders complain that they will lose income because of Fifa-imposed "exclusion zones" around stadiums which permit only approved businesses. Regina Twala, who has been selling cooked meals and snacks for 35 years, told South Africa's Sunday Independent that she and fellow workers had been ordered to vacate their premises outside Ellis Park stadium.

Unemployment

The Western Cape Anti-Eviction Campaign said: "The lives of small businesses and informal traders in South Africa have been destroyed by this World Cup. If we are not allowed to trade near stadiums, fan parks and other tourist areas, how can we benefit from tourism?"

The new stadiums heralded a construction boom, but many of the workers who built them have already been laid off and are without work.

Caroline Elliot, international programmes officer for the anti-poverty group War on Want, said: "Behind the spectacle, the World Cup is exacerbating the struggle of poor South Africans who are facing evictions, lack of public services and unemployment. The South African government needs to tackle these problems as an urgent priority."

Andile Mngxitama, a political commentator and columnist, is about to publish a pamphlet entitled "Fuck the World Cup".

He said: "We never needed the World Cup. It is a jamboree by the politicians to focus attention away from the 16 years of democracy that have not delivered for the majority of black people in this country. We'll be trapped with white elephant stadiums."

He added: "The World Cup is not about football or so-called tourism. It's about politicians hoping it keeps us busy for a month and making enormous amounts of money for themselves and their friends."

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Abahlali baseMjondolo (by the Dlamini King Brothers)

http://vimeo.com/7657178

Abahlali baseMjondolo

by the Dlamini King Brothers

 


Dlamini King Brothers – "Abahlali" music video from Sleeping Giant on Vimeo.

 

 

The Dlamini King Brothers were among the hundreds of people who had to flee the Kennedy Road settlement when Abahlali baseMjondolo were attacked in September 2009. They remain exiled from the settlement.

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Isolezwe: Banqumele uZuma ugwayi katiki abahlala emijondolo

 

 




 

 

http://www.isolezwe.co.za/index.php?fArticleId=5400216

Banqumele uZuma ugwayi katiki abahlala emijondolo

March 23, 2010 Edition 1

Boniswa Mohale

ISIFUNA kungenelele uMengameli wezwe odabeni lokungahlinzekwa kwezidingongqangi kubantu basemjondolo inhlangano yabahlali basemjondolo.

Izolo amakhulu ngamakhulu amalungu ale nhlangano amise ukuhamba kwezimoto enkabeni yeTheku emashela ukuthi awahlinzekwa ngezidingo ezifana namanzi, ugesi nezindlu. Athe asekhathele ukukhuluma nobuholi bedolobha nobesifundazwe njengoba izikhalo zabo zingalalelwa.

Baye banxusa ukuthi uMengameli wezwe angenelele odabeni lwabo, bamnikeza amasonto amabili ukuba aphendule.

Inhlangano yabahlali basemjondolo izolo ibihambisana nabahlali basemafulethini.

UMnuz Troy Marrow, wabahlali basemafulethini, uthe inhlangano eyaqashwa nguhulumeni ukuba iqinisekise ukuthi abantu barentela ubunini bamafulethi isibarentisela unomphela futhi iyenyusa njalo imali yerenti.

Le mashi bekumele iyophelela eCity Hall kodwa ngeSonto inkantolo iye yatshela Abahlali baseMjondolo ukuthi imashi yabo ngeke ikwazi ukuphelela eCity Hall ngoba iyalungiswa.

Kube nomkhuleko ngesikhathi abahlali sebesondele ekhoneni lomgwaqo u-Dr Yusuf Dadoo njengoba lo mgwaqo ubuvinjwe ngamaphoyisa abezoqinisekisa ukuthi abahlali abayi eCity Hall.

Umholi waBahlali baseMjondolo, uMnuz Sbu Zikode, uthe kuyaxaka ukuthi le nhlangano ivinjelwe ukuthi imashele eCity Hall yize eyothisha iSadtu ivunyeliwe ukumasha ngoLwesihlanu.

Ube esethi lokhu kukhombisa ngokusobala ukuthi uMasipala awuphathi abantu ngokulingana. UZikode uthe bawenzile amalungiselelo okuxhumana nehhovisi likaMengameli wathi unethemba lokuthi bazolalelwa.

Uphethe ngokuthi uma izikhalazo zabo zingaphendulwa emuva kwamasonto amabili bazongena emgwaqeni ngaphambi kwemidlalo yeNdebe yoMhlaba.

Le mashi beyesekwe nangabaholi bamabandla ehlukene abanxuse ukuthi uhulumeni abhekelele abampofu.

 

 




 

 

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Sowetan: Shack dwellers up in arms

http://www.sowetan.co.za/News/Article.aspx?id=1125237

Shack dwellers up in arms
23 March 2010
Corrinne Louw

There was a tense stand-off between protesters and police when members of the Abahlali baseMjondolo took to the streets of Durban yesterday to demand that the government take action to help the poor and homeless.

Shop owners closed their doors when the police tested their water spray trucks and cordoned off roads with a heavily armed police force when the marchers stormed down West Street.

The march by the Abahlali baseMjondolo (shack dwellers association) and Rural Network had to be diverted from the Durban City Hall, with the police and marchers squaring off. Earlier city officials had obtained a court order to prevent protesters from gathering near the city hall.

The protesters, whose main demand was housing, converged on Albert Park in Durban to voice their grievances.

Abahlali baseMjondolo president S’bu Zikode said: “We are not just asking for housing, we are marching for human dignity, respect, equality and justice.

“Of course we would like basic services like shelter and toilets, but our concerns are much bigger than that. The land and the wealth of this country must be shared equally.”

“It’s a disgrace and an insult that our city manager, Mike Sutcliffe, has not allowed us to march to public buildings and is violating our human rights on Human Rights Day. The city hall is a public building,” Zikode said.

The South Durban Community Environmental Alliance, Poor People’s Alliance, Abahlali baseMjondolo Western Cape, Western Cape Anti- Eviction Campaign and the Landless People’s Movement in Gauteng showed their solidarity with the protesters by marching with them.

In a hard-hitting memorandum Abahlali baseMjondolo said: “For too long those of us living in shacks have suffered without enough water and without toilets, electricity, refuse collection and drainage.

“Therefore we demand decent social services in all our communities so that we can live in safety, health and dignity.”

Alliance Coordinator Desmond de called on the crowds to boycott the 2010 World Cup.

“The government has failed the poor of this country. They have taken money that was meant for us and used if for the 2010 World Cup.

“We will boycott the Soccer World Cup because it is not for us. We must not go to the stadiums because there is a constant onslaught on the poor.”

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Daily News: What about human rights for the people of KwaShembe, Mangete and Kennedy Road?

http://www.dailynews.co.za/index.php?fArticleId=5399848

What about human rights for the people of KwaShembe, Mangete and Kennedy Road?

March 22, 2010 Edition 1

Mary De Haas

As we celebrate yet another Human Rights Day recent events in KwaShembe (an informal settlement in Clermont), Mangete and adjoining Macambini, near Mandeni, and Kennedy Road informal settlement in Durban show the lack of progress we have made in ensuring people’s rights to freedom of political association.

Yesterday morning a number of Cope supporters’ dwellings were burnt down and vandalised in the kwaShembe informal settlement area of Clermont.

While there have been isolated incidents in the past, the attacks on Cope supporters started in earnest on March 14, with police in the area claiming they could only “contain” the situation, rather than arrest those committing the crimes. People fled their homes, initially camping in Cope offices in Durban.

Cases were opened at KwaDabeka station, one case of intimidation covering a number of incidents. According to a press report on March 18, police had been deployed in the area “to ensure 24-hour visibility” and prevent any further intimidation.

Residents were encouraged by the South African Police Service to return to their homes since the police were there to protect them. However, according to a Cope representative who was in the area on Saturday, there was no sign of a police presence.

The local station commissioner claims that police deployment is at night, because no incidents were expected during the day – which is cold comfort for those who have lost their homes and possessions. Nor have key perpetrators been arrested, despite having been identified.

As in KwaShembe, people have been driven out of Kennedy Road informal settlement, and had their houses destroyed, apparently because of their association with the shack dwellers’ movement Abahlali base-Mjondolo, or because they are believed to be Cope supporters.

Although 12 Abahlali supporters have been arrested and charged, it seems that no arrests have been made in connection with attacks perpetrated against them. Of the 12 arrested almost six months ago, five have been refused bail, no sound reason apparently having been advanced by the police for the refusal of bail.

According to a statement issued by ecumenical organisation Diakonia, following the five’s 10th court appearance on February 19, 2010 “… the new magistrate in Abahlali court appearance has admitted that there is massive political pressure in the Kennedy 12 case”.

The five were, once again, remanded to May 4, 2010.

Meanwhile, a meeting was called on March 14 by a committee which was elected by people listed as successful claimants in the Mangete land claim, which has supposedly been settled in 2002.

The meeting, which was to be held at Mangete Primary School, was called to report back on legal action that has been taken against Macambini traditional leader Mathaba, who, despite never having been a claimant, controls a Trust established by the Land Claims Commission, which holds land for the claimants, and income which is due to them.

Most claimants, having never received any of these benefits, have called for a review of the settlement in the Land Claims Court, and have also approached the master of the high court calling for the conditions of the trust to be implemented.

Papers have been served on Mathaba (who is also in contempt of court, having ignored a high court order in which he is the first respondent).

The meeting was to take place at 10am and the Mandeni SAPS had been requested, three days earlier, to ensure a security force patrol.

When the claimants arrived for the meeting, however, there was no police presence. According to eyewitness accounts and sworn statements, Mathaba arrived and told those present to disperse or face the consequences.

The door to his vehicle was open and a large gun – possibly a rifle – lay on the seat.

Fearing for their safety, those present dispersed and made their way to the Mandeni police station to open a case.

Once again, the SAPS wilfully failed to protect people, despite a history of violence directed against people who want to exercise their constitutional right to freedom of association and assembly.

Mathaba had no right whatsoever to interfere in this meeting, since Mangete Primary School is part of Mangete, and not part of the Macambini tribal area.

In all three of the abovementioned cases, fingers are pointed at the police for their failure to protect people, and to prosecute those who have violated their rights.

This government has had 16 years to transform the police, but not only has it failed abysmally, it is in the process of taking us back to the past with the proposed militarisation of police ranks.

Human Rights Day calls for a sober reflection on where South Africa may be heading if more people do not make their voices heard in condemning the type of violations which continue to occur, apparently with impunity.

De Haas is a member of the KZN Violence Monitor

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A Memorandum of Demands to President Jacob Zuma

A Memorandum of Demands to President Jacob Zuma
Monday, 22 March 2010

We, members and supporters of Abahlali baseMjondolo and the Rural Network in the province of KwaZulu-Natal, are democrats committed to the flourishing of this country. We speak for ourselves and direct our own struggles. We have no hidden agendas. We have been mobilised by our suffering and our hopes for a better life. We believe that it is time to take seriously the fact that South Africa belongs to all who live in it.

We come from the townships of Inanda, KwaMashu and Lamontville. We come from the farms in eNkwalini, New Hanover, Howick, KwaNjobokazi, Melmoth, Utrecht, Babanango and eShowe. We come from the flats of Hillary, Portview, Ridge View (Cato Manor), Wentworth and New Dunbar. We come from the shacks of Joe Slovo, Foreman Road, Clare Estate, Palmiet Road, Quarry Road, Motala Heights, Siyanda, Umkhumbane, New eMmaus, Pemary Ridge, Arnett Drive, Lindelani, Richmond Farm and, yes, Kennedy Road. We come from the transit camps of Richmond Farm, eNsimbini, Ridge View (Transact Camp), Cato Manor and New Dunbar.

We are all agreed that there is a serious crisis in our country. The poor are being pushed out of any meaningful access to citizenship. We are becoming poorer. We are being forced off our land and out of our cities. The councillor system has become a form of top down political control. It does not take our voices upwards. The democracy that we won in 1994 is turning into a new system of oppression for the poor.

We are all agreed that this country is rich because of the theft of our land and because of our work in the farms, mines, factories, kitchens and laundries of the rich. That wealth is therefore also our wealth. We are all agreed that the democratic gains that were won in 1994 were won by the struggles of the people and that we, the poor, are part of the people. Those victories are therefore also our victories. We are all agreed that we can not and will not continue to suffer in the way that we do. We are all agreed that we can not and will not give up our hopes for a better life and a fair world.

We have had meetings in all of our areas to discuss this march. Each area has developed its own set of demands which we are presenting to you. We have also taken all the demands that are common to many areas and put them together into this statement of our collective demands. We offer it to you as a statement of our demands. We also proclaim it to ourselves and to the world as a charter for the next phase of our struggle.

For too long we have been subject to evictions from our homes, be they in shack settlements or farms. These evictions are often unlawful, they are often violent and they often leave the poor destitute. Therefore we demand an immediate end to all evictions so that we can live in peace and with security.

For too long our communities have survived in substandard and informal housing. Therefore, we demand decent housing so that we can live in safety, health and dignity.

For too long those of us living in shacks have suffered without enough water and without toilets, electricity, refuse collection and drainage. Therefore we demand decent social services in all our communities so that we can live in safety, health and dignity.

For too long many of those of us who are formally connected to water and electricity have not been able to afford the costs of these services and face disconnection. Therefore we demand that these services be made free for the poor.

For too long the promise of housing has been downgraded to forced removal to a transit camp. These transit camps are more like prisons than homes. If they are ‘delivery’ then they are the delivery of the people into oppression. Therefore we demand an immediate and permanent end to all transit camps so that the dignity of the people that have been taken to the camps can be immediately restored.

For too long the housing that has been built has been built in human dumping grounds far outside of the cities and far from work, schools, clinics and libraries. Therefore we demand immediate action to release well located land for public housing. Where necessary land must be expropriated for this purpose. The social value of urban land must be put before its commercial value.

For too long people that are already languishing in human dumping grounds have been unable to access the cities. Therefore we demand the immediate provision of safe and reliable subsidised public transport to these areas.

For too long there has been rampant corruption in the construction and allocation of housing in transit camps, RDP housing and social housing. Therefore we demand complete transparency in the construction and allocation of all housing and an immediate end to corruption. We demand, in particular, a full and transparent audit into all the activities of the social housing company SOCHO – including its CEO, general manager and board of directors. We demand a similar audit into all the activities of Nandi Mandela and her associates.

For too long poor flat dwellers have suffered from unaffordable and exploitative rents. Therefore we demand the writing off of all arrears and the institution of an affordable flat rate for all.

For too long the poor have been forced to sign exploitative rental agreements under duress and threat of eviction. Therefore we demand the cancellation and collective renegotiation of all rental agreements signed under duress.

For too long farm dwellers have suffered the impoundment of their cattle, demolition of their homes, the denial of the right to burry their loved ones on the land, the denial of basic service and brutality, and sometimes even murder, at the hands of some farmers. The bias that the justice system has towards the rich has meant that it has systematically undermined farm dwellers. Therefore we demand immediate and practical action to secure the rights of farm dwellers.

For too long a fair distribution and use of rural land has been made impossible by the fact that land –a gift from God – has been turned into a commodity. Therefore we demand immediate steps to put the social value of rural land before its commercial value.

For too long the attack on our movement, its leaders and well known members, their family members and its offices in the Kennedy Road settlement in September last year has received the full backing of the local party and government structures. Therefore we demand

• a serious, comprehensive and credible investigation into the attack and its subsequent handling by the local party and government structures. This must include a full investigation into the role of the South African Police Services.
• the right to return for all the victims of the attack, including the Kennedy Road Development Committee and all its sub-committees. This right must be backed up with high level protection for the security of all the residents of the settlement.
• full compensation for everyone who lost their homes, possessions and livelihoods in the attack.
• a full and public apology by Willies Mchunu for the attack and its subsequent handling.
• the immediate release of those members of the Kennedy 13 who are still being held in detention.
• that immediate steps be taken to ensure that Willies Mchunu, Nigel Gumede and Yakoob Baig are not allowed to interfere in any police or judicial processes resulting from the attack.

For too long our communities have been ravaged by the cruelest forms of poverty. Therefore we demand the creation of well-paying and dignified jobs.

For too long the right to education has been reserved for the rich. Therefore we demand free education for the poor.

For too long we have not been safe from criminals and violence. We are especially concerned about the lack of safety for women in our communities. Therefore we demand immediate practical action to secure the safety of everyone and, in particular, the safety of women.

For too long the poor have been turned against the poor. Therefore we demand an immediate end to all forms of discrimination against isiXhosa speaking people (amamPondo) and people born in other countries.

For too long the legal system has been biased against the poor. Therefore we demand serious practical action to ensure that access to justice is no longer distorted by access to money.

For too long the councillor system has been used to control the people from above and to stifle their voices. Therefore we demand the immediate recognition of the right of all people to, if they so wish, organise themselves outside of party structures in freedom and safety.

Furthermore, just as people from around the city, the province and the country are uniting in support of our struggle we express our support for our comrades elsewhere. We have stood with, and will continue to stand with our comrades in Wentworth, our comrades in the Poor People’s Alliance and struggling communities and movements across the country. We thank everyone who has demonstrated solidarity with our struggle including church leaders, students and our comrades in other countries. We will do our best to offer the same support to your struggles.

Handed over by:______________________ on __________________ at ____________
Signature:_________________________

Received by:________________________
Signature:___________________________

TO FOLLOW UP PLEASE CONTACT: Mr. Troy Morrow or Mr. S’bu Zikode at 031 – 304 6420.

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Sutcliffe’s Dirty Tricks Will Not Keep Us from Marching in Our City Tomorrow

Sunday, 21 March 2010 – Human Rights Day
Abahlali baseMjondolo Press Release

Sutcliffe’s Dirty Tricks Will Not Keep Us from Marching in Our City Tomorrow

Our political rights are always taken from us with technical arguments.

When we are evicted we are always told that it is because the land is ‘too steep’, the soil is ‘not right’ and so on. Of course once our shacks are demolished flats or businesses for the rich are quickly built on the same land that we were told was ‘unsafe’ for us.

When we are denied bail we are always told that it is because the police ‘need time to complete their investigations’, or even to ‘type documents.’ This is how it goes.

Technical arguments are always used against us because it is assumed that technical questions can only be answered by experts. The state has their own experts on their payroll and so by making important social questions into problems to be resolved by experts they seize the right to answer these questions on their own – they expel the people from any chance to debate these questions. The Freedom Charter said that ‘the people will govern’. It didn’t say that the experts will govern. It didn’t say that there will be democracy if the city managers decide to allow it.

Today we went to court to ask the judge to interdict Sutcliffe against his attempt to limit our right to protest by keeping us away from the City Hall and the main streets. We have won similar cases against Sutcliffe twice before. But this time the City played a dirty trick. They told the court that they could not allow us to march through the main streets and to the City Hall because the City Hall is being repaired and it would be ‘dangerous’ for us to come too close to it. They argued that our basic political rights could be stolen from us because of a technical issue.

Our lawyer pointed out that yesterday SADTU marched to the City Hall. Their response was that Abahlali baseMjondolo is a mass movement and that our march will be much bigger than the march organised by SADTU. This is true but it remains clear that the repairs to the City Hall are just being used as an excuse to prevent us from protesting freely in our own city. We would have been happy to keep a safe distance from the building. Anyway even if it was dangerous to come close to the City Hall that would not make it dangerous for us to protest in the main streets.

Unfortunately the judge allowed the City to use a technical argument to take away a basic democratic right. We have asked our lawyers to explore the option of launching an urgent appeal first thing tomorrow morning.

But irrespective of the outcome of that legal process we will be marching tomorrow. The marchers will decide, democratically, when we are all together, how to respond to this attack on our basic political rights. But one thing that we are very clear on is that amandla remains with us. We go to court to confirm the rights that have been won in prior struggles but we are very clear that the only real defence for these rights, and the only way to win new rights, is through the power of the organised poor. For example everyone can see that organised communities are not evicted. Unorganised communities are evicted, illegally, every day.

Many of us spent today with our comrades in the Rural Network in eNkwalini where farm dwellers who have been subject to a reign of terror by a farmer called Mark Channel mourned Human Rights Day. Their homes have been demolished, they have been shot and their cattle have been impounded. They live on this land but they do not live in any Republic of South Africa. They live outside of the protection of human rights and the law. We spent the day listening as they shared their stories. It is clear that from the flats to the shacks and the farms there is no place for the poor in this democracy.

Sutcliffe has decided to protect the name of the City Hall by using dirty tricks to keep us away from it – to keep our protests as hidden as a transit camp. But tomorrow we will be coming into the city from the townships, the farms, the flats, the shacks and the transit camps. We will be coming into the city from the townships of Inanda, KwaMashu and Lamontville. We will be coming into the city from the farms in eNkwalini, New Hanover, Howick, KwaMjolokazi, Melmoth, Utrecht, Baba Nango and eShowe. We will be coming into the city from the flats of Hillary, Russell Street, Mayville, Wentworth and Dunbar. We will be coming into the city from the shacks of Joe Slovo, Foreman Road, Clare Estate, Palmiet Road, Quarry Road, Motala Heights, Siyanda, Umkhumbane, New eMmaus, Pemary Ridge, Arnett Drive and, yes, Kennedy Road. We will be coming into the city from the transit camps of Richmond Farm, eNsimbini, Ridge View, Cato Manor and New Dunbar. We will be joined by representatives of some churches and NGOs. All of these struggling communities will bring their own demands to Jacob Zuma. We will also issue our collective demands to Jacob Zuma.

Many journalists have been phoning us and asking if our ‘service delivery protest’ will be going ahead tomorrow. We appreciate the interest of the media but we really want to stress that this will not ‘be a service delivery protest’. We have never organised ‘a service delivery protest.’ In fact our first marches were to announce that we rejected top down rule by the councillors and that we would, as we have done for the last five years, begin to rule ourselves. The language in which people’s struggles are turned into ‘service delivery protests’ is a language that has been imposed on our struggles from outside – it is not our language. Of course we are struggling for land and housing, water and electricity. But we do not accept the limited way in which these ‘services’ are ‘delivered’. Often an important part of our struggles is to reject that the way that services are delivered. For example we do not accept transit camps. We are struggling for the full recognition and realisation of our humanity in a society that denies our humanity at every turn. We are struggling for real equality. We are struggling so that the world that God gave to humanity is shared fairly by all of us. To call our struggles ‘service delivery protests’ is a way of making them safe for our oppressors.

We appeal to the media, and to other groups too, like academics, NGOs and churches, to please exercise an important discipline when talking about struggling communities and movements. That discipline is a simple one but it is a very important one. That discipline is to speak to people before speaking about them or for them. As we have said so many times before we are poor in life, not in mind. If you want to know why we are struggling just ask us and we will tell you. If you want to know why people are protesting in Mamelodi, Orange Farm or anywhere in the country you don’t need researchers or analysts or spies – you just need to ask them.

We have a clear message for all those who believe that they have a natural right to rule the poor from above be they in government, civil society or the left. We have a clear message for all those big men like Willies Mchunu, Michael Sutcliffe or Ashwin Desai who believe that they have the right to ruin any organisation of the poor that they cannot rule. Our message is this:

We have been evicted, forcibly removed, beaten, slandered, publicly threatened with death, arrested, jailed, tortured and driven from our homes. Some of us have lost everything that we ever owned in this world. But we will not give up. We will not be turned against each other. We will work and work and work to unite the poor against the politicians and the rich. The problem in this society is the deep political disempowerment of the poor and we will solve this problem by organising ourselves to build our political power. Struggle is hard and it is dangerous. But struggle is the only way to defend our humanity and the humanity of our children. We have a deep responsibility to continue with this struggle until we achieve real equality and a fair sharing of this world.

The march will be supported, with a physical presence, by the Rural Network and the South Durban Community Environmental Alliance. It will also be supported, without a physical presence, by our comrades in the Poor People’s Alliance – Abahlali baseMjondolo Western Cape, the Western Cape Anti-Eviction Campaign and the Landless People’s Movement in Gauteng.

For more information on the march please contact:

S’bu Zikode, Abahlali baseMjondolo President: 083 547 0474
Troy Morrow, Chairperson of the Abahlali baseMjondolo Hillary Branch and march convenor: 071 511 8446
Zodwa Nsibande, Abahlali baseMjondolo General Secretary: 082 830 2707

Representatives of the following organisations that will be in solidarity with Abahlali baseMjondolo can also be contacted for comment:

Reverened Mavuso Mbhekeseni, Rural Network: 072 279 2634
Des D’sa, South Durban Community Environmental Alliance: 083 982 6939
Ashraf Cassiem, Western Cape Anti-Eviction Campaign: 082 337 4514
Mzonke Poni, Abahlali baseMjondolo of the Western Cape: 073 256 2036
Maureen Mnisi, Landless People’s Movement (Gauteng): 082 337 4514

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Sutcliffe Continues His War on the Poor

Abahlali baseMjondolo Press Release
Friday, 19 March 2010

Sutcliffe Continues His War on the Poor

The notorious Michael Sutcliffe continues to launch illegal attacks on our basic democratic rights.

He has now given in to our pressure and removed his illegal ban on our right to march but he has issued a permit that only allows us to march from Botha Park to Albert Park. Our march on Jacob Zuma, scheduled for 22 March 2010, was planned to go from Botha Park through Pixley KaSeme Street and to the City Hall. But Sutcliffe’s unilateral imposition of unreasonable restrictions on our right to protest means that we will only be able to march about 600m and that our march will be kept far away from the centre of the city – it will be hidden away, just like a transit camp.

Our members from across this city – from Lamontville, to Pinetown and Umlazi – are determined to march because it is essential that we demonstrate our dignified anger and our mass support in public. We are the people who are being swept out of the cities like dirt. We are the people who are being hidden away in transit camps. We are the people who are supposed to suffer in secret in the human dumping grounds like Park Gate. If our protest also has to be hidden away and contained on the outskirts of the city then there is no point in having a march. The whole point of having a march is to show our power and our determination to assert our right to the city in the city. We cannot and will not accept that we must hold our protests in secret.

It is clear that we who are from the jondolos have to pay a very high price for our rights. When we ask for what is promised to all citizens we are attacked, driven from our homes, slandered, beaten, tortured and jailed. A simple procedure like arranging a legal march becomes a complicated game that takes all of our time and energies. Now it is clear that we will have to go to court to ask a judge to defend our basic rights against Sutcliffe. We are briefing a lawyer right now. But why do we have to pay such a high price to realise our basic rights? The only logical answer seems to be that these rights are no longer intended for us – that we are the people that don’t count and who must be silent as we are driven out of the cities.

When the media first reported on Sutcliffe’s illegal ban of our march the police spokesperson said that all marches would be banned due to the World Cup. If it is true that our basic democratic rights are being removed as a result of the World Cup then we say, very clearly, that the World Cup is a new kind of colonialism that every person who is right in their mind must reject and resist with all their force in their mind and in their muscles.

Sutcliffe insults Human Rights Day, he insults our democracy and he insults Pixley KaSeme and the memory of the struggle for our democracy when he bans us from marching down Pixley KaSeme Street and taking our anger to its rightful home – the City Hall – on the national public holiday to celebrate Human Rights Day.

We strongly recommend that journalists and the police familiarise themselves with the legislation governing the right to march. The system whereby permits had to be granted for marches to be legal was struck off the statute book in 1993. These permits have had no basis in law since then. And the Gatherings Act prohibits the authorities from imposing unreasonable conditions on our right to protest. Our right to protest is not negotiable. There is a good summary of the Gatherings Act available online at: http://fxi.org.za/PDFs/Publications/RGAHandbook.pdf

For further information and up to the minute updates on the legal battle to have Sutcliffe’s attack on our basic democratic rights overturned please contact:

S’bu Zikode, Abahlali baseMjondolo President: 083 547 0474

Troy Morrow, Chairperson of the Abahlali baseMjondolo Hillary Branch: 071 511 8446

Zodwa Nsibande, Abahlali baseMjondolo General Secretary: 082 830 2707

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The High Cost of the Right to the City

The High Cost of the Right to the City

March 2010

Notes from a meeting of Abahlali baseMjondolo in preparation for the World Urban Forum (WUF): “The Right to the City”.

It is our usual practice when we send delegates to other people’s meetings that we get together as a movement and discuss our collective view so that our delegates can take a mandate that is based on our ‘home-made’ politics. In this case there will be chances for our comrades to connect with other movements from around the world as well, so it is all the more important to be clear on our own home-cooked politics of Abahlalism – our ‘living politics’.

Our movement’s ‘living politics’ is the politics of the daily life and thinking of shackdwellers in South Africa who fight for truth and for justice. It is quite simply living out in the real world the practical meaning of the basic idea that ‘everybody counts’. In our discussion we think through the connections between our ‘living politics’ and the theme of the WUF: ‘the Right to the City’. If ‘everyone counts’, then surely there should be a right to the city! In fact, that theme sounds very much like a slogan of people’s struggles for justice in cities around the world – but we know that the slogans of people’s struggles often get taken and tamed by the powerful and rich; and we know that when that happens, the real politics at the heart of the struggles is usually lost. Some of the ways that the militant slogan of the ‘right to the city’ can get taken and tamed are when:

* it can be reduced to a ‘technical’ issue of working out how the state system can ‘deliver’ services and amenities to the people;
* it can be turned into a legalistic issue of ‘human rights’ fought over in the courts of law between lawyers;
* it presents the only possible solutions in terms of ‘participation’ in ‘good governance’ as defined by the power-players in the system of the state and the political parties.

In our own struggles as Abahlali baseMjondolo (AbM) we have taken up all of these avenues and issues to fight for justice for shack-dwellers – but our living politics and our total struggle does not start and end in these limited definitions and confined spaces.

In the systems of the government and the political parties it happens again and again that the things the people have fought hard for are taken by those who claim to be leaders and given back to the people as ‘delivery’. The people have their muscles and their thinking – but they do not have control over the money and resources like government and parties have. The politicians, and especially the local councillors, use this power and then claim that they were the ones who worked so hard to achieve these things! The systems of municipalities and councillors are against our living politics. They are an oppressive burden on us, keeping us down. No-matter how we try to deal with them, they know they have certain kinds of power and resources to take our issues and ‘deliver’ to the communities. When they do this, they even make us look like we who struggle are actually working for the Councillors! We know that the Councillors in the local governments and municipalities come from the political parties. That means that they will always try to do their homework and find out what the people at the grassroots are struggling for because they will want to come with a strong agenda for the Party to look like they are the ones who can ‘deliver’ what the people want. As deployees of the political parties, they are intent on crushing us politically and taking our issues over to their agenda. This is a huge challenge, and we must and we will fight harder against it because we know that Municipalities are a problem – and that the solution is in the struggles of the people, with their muscles and their thinking.

It is a kind of theft – to take away the valuable things of the people and to put them to work in a system that is against the people but in favour of the powerful and the rich. Not only the municipalities and the politicians but also many of the NGOs and ‘civil society’ structures and activists are guilty of playing a part in this ongoing theft against the people. It can make you feel like your struggle was useless. You fight for justice – for equality and for the world to be shared – and you end up with the promise of ‘service delivery’.

Against this theft and oppression, it is important that our struggle remains always our own and that we hold on to our autonomy. When we look at the official letters from the WUF we see that the government of Brazil and its President Lula is also inviting and hosting us – this is a surprise for us as a movement. We know that some of the movements there get funding from the government. For us, this should be debated and it makes us wonder what is the motive for having this event in Brazil. The poor people’s movements in Brazil are very strong in rural areas and in the cities. They occupy land and city buildings to appropriate housing and shelter for the poor. But then some of them also get funding from the government! Is the agenda behind this WUF to push the idea that government and the social movements can or must work together? For us as Abahlali, although we are not aiming to overthrow our government, it is very clear that we have different ideas from the government. Our government gives us a very hard time and we are in conflict with them. So is there really such a big difference between our government in South Africa and the government of Brazil? What we do know is that almost all politicians claim to speak for the poor, claim to be concerned about the poor. So invitations like these are really because they like our tears. When they can show our tears to the world, they can carry on with their plans and carry on saying that the tears of the poor justify their plans. We don’t trust that government of Brazil, nor our government in South Africa, nor any other government. We remember that Presidents Lula and Zuma met each other and agreed that their plans were just the same. Anyway, going to the WUF is more important as a chance to meet and talk with other movements of poor people from cities around the world and to strengthen each other’s struggles.

The Department of Human Settlements from our government will also be at the WUF and presenting some papers – but we will be there too and we will tell a different story. The Department will pick and choose what they present about the situation of land and housing in our cities. They will display to the world the good things they can show to create the impression that South Africa is a great place to live. Our task is to tell the truth against this lie.

Truthfully speaking, is there any ‘right to the city’? Is the life we are living really giving us a ‘right to the city’? If there is a real ‘right to the city’, why are were facing evictions on such a massive scale?; why must we beg to the courts for our rights?; why are our rights to organise, speak and march so violently repressed?

No, if there is a ‘right to the city’, it is a very difficult right to actually get. And it is we, the poor who struggle for it, who are paying the price for this right – and it is a very high price to pay to access any meaningful and broader idea of our right to the city. Just look at the cost of the attacks on our movement in Kennedy Road last year. The price is still being paid by people who have been made homeless refugees in their own country, and by the comrades still being held in prison without trial since those attacks. The world must see and hear from us what the price of the fight for a real right to the city is. The world must know that those who voice out the truth are attacked, silenced, slandered, threatened and imprisoned. The world must know that there is no real difference between the apartheid government and this one we have now.

Mega-events to entertain the elites like the FIFA World Cup also show clearly that for the poor, there are no real rights to the city. To put on their games in the way the rich want them, means that poor people have to swept away, and poor traders forced off the pavements – all this simply to make sure that the rich get richer and the poor get poorer. We see the same things when we look at the growing number of golf-courses and golf-estates that are mushrooming. Poor people are squashed together in crowded settlements or are without housing, and some are forced out of their places to make way for these elite play areas. In the world as it is now, what counts is not that everyone is a person – what counts is whether you have money. In our cities, the powerful and rich elites chase their dream of a ‘world class city’, and in their ‘world class city’ what counts is money. For the right to the city to be real what will have to count will be people and not money.

If the right to the city has such a high price, is there any hope then? Yes – in the movements of the poor that are organising; in the work of our delegation that will go to Brazil; in all of our work to really transform the world as it is. Even through the work of our shack dwellers’ movement, Abahlali baseMjondolo, we have won important victories – like defeating the Slums Act in the Constitutional Court. But since that victory, the attacks against us have shown that we have to carry on, we have to organise and build the movement even more, and we have to work twice as hard as ever before. There is really no such thing as a ‘right’ that can be given to you by a government or NGO. As the poor we have to organise ourselves to increase our power and to decrease the power of the rich and the politicians. The only way to succeed in making the right to the city a living reality for everyone instead of a slogan which repressive governments can hide behind is to democratise our cities from below.

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Abahlali baseMjondolo Press Conference on Friday 19 March 2010

Abahlali baseMjondolo Press Statement
Tuesday, 16 March 2010

Abahlali baseMjondolo Press Conference on Friday 19 March 2010

Venue: St Paul’s Church, 161 Pine Street, Durban 031-305 466
Date: Friday 19 March 2010
Time: 10h00 a.m.

There is a deep corruption at the top of our society and a deep anger at the bottom of our society. As the dirty deeds of the tenderpreneurs are being dragged into the light by the media and as the police become ever more violent the poor are taking to the streets across the country in ever greater numbers. We continue to believe that the only way for this country to heal itself is for the poor to organise the poor so that we can increase our power and decrease that of the politicians, the rich and their civil society. Since the attack on our movement in September last year we have expanded into eight new areas despite ongoing repression and harassment. Now is the time to unite all our branches, the old areas and the new, to defy the ongoing campaign of repression, and to take our demands to the streets of our city.

The purpose of the press conference is:

1. To alert the media that we will be marching on Jacob Zuma on 22 March 2010. The March will start at 09h00 a.m at Botha’s Park in Berea Road and move to the offices of the eThekwini Municipality at the City Hall. We will explain the purpose of the march and make copies of our demands available.

2. To reveal to the media that we have proof of corruption in the provision of government houses including misallocation. This includes instances where people have all the necessary documents to prove that they were given houses but other people are corruptly staying in their houses. We will also make public our correspondence to various meetings with the Housing Department – meetings that have never borne any fruit.

3. To alert the media to the fact that the notorious Mike Sutcliffe, the eThekwini City Manager, has once again unlawfully denied us our constitutionally protected right to march. We will not accept this ban on our basic political rights and are prepared to mobilise to defend democracy in Durban.

4. To alert the media to the ongoing the political repression in the case of our comrades arrested after the attack on our movement in the Kennedy Road settlement last year.

For further information please contact:

Abahlali office: 031 304 6420
Movement Spokesperson: Mnikelo Ndabankulu: 079 745 0653
Troy Morrow: 0842793101
Zodwa Nsibande: 0828302707

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Suspicious Shack Fire in Siyanda

Siyanda, 13/03/2010

Shack Fire in Siyanda

Around 2:30 am, the male occupant of shack 171 woke up with heavy smoke and heat. He left his shack and saw that the smoke was coming from the wall of shack 170. The three women, and young child, that lived in shack 171 were away that night.

He called the neighbours, and around 5 of them came to put out the fire, which they manage to extinguish in a very short time. The male occupant of shack 170 went back to his shack to bathe to go to work. In the meantime one of the neighbours called the owners of the shack 171 to tell about the fire and that the wall of the shack was damaged.

Owner of shack 170 left and walked down to the bus stop, and waited there for about 20 minutes when he saw from a distance the smoke coming from his shack location, and he ran back. This was around 4am.

Just before that, one of the owners of shack 171 arrived after shack 170’s owner had left. When she arrived, the fire had ‘restarted’ on the 2nd wall (left side of the 1st fire). They called the neighbours and together they ran to the tap. In less than 3 minutes, when they came back with the water, the fire was already consuming both shacks.

The firefighters were also called by one of the neighbours, but by the time they arrived everything was already lost. Both shacks were completely destroyed, and they lost everything.

Police came to do a report, but didn’t ask many questions.

Both shacks had no electricity connection (legal or illegal). No one was cooking at the time of the fire, and there was no candle either.

Interesting fact:

The Siyanda Abahlali office was launched 2 weeks before. While they were building the office, Councillor Siboniso Zwane came to Mama Nxumalo’s house to inquire about the construction. Mama Nxumalo replied that it was going to be an Abahlali office. The councillor replied that he was going to burn it down. He said that in front of Mama Nxumalo and her daughter.

Contact:

MaMkhize: 076 579 6198
Ngongoma: 084 613 9772

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Mike Sutcliffe Bans another Abahlali baseMjondolo March

Abahlali baseMjondolo Press Statement
11 March 2010

Mike Sutcliffe Bans another Abahlali baseMjondolo March

The notorious Mike Sutcliffe has banned another Abahlali baseMjondolo march. We have, as always, scrupulously followed the laws that govern protest and we have informed the City in good time that we intend to march on Jacob Zuma on 22 March 2010. Yesterday the march convenor, Troy Morrow from the Hillary AbM branch, was verbally informed that permission to march has been denied. The excuse that has been given this time is that the City does not have enough police officers to be able to ensure security at our march.

We know that all decisions about marches in Durban pass through Sutcliffe’s office. We also know that he has a long history of illegally banning our marches and of endorsing violent police attacks on our peaceful marches.

As always the excuse that has been given this time has no legal basis. The Gatherings Act does not allow City Managers to ban marches. In fact it does not even allow them to issue permits for marches – that was only allowed under old apartheid legislation. The Act only requires us to inform the City of our intention to march. They have no right to ban our march. Public protest is a cornerstone of democracy and democracy is not negotiable. It is a permanent and non-negotiable right for everyone. The job of the City is in fact to facilitate our right to march.

The City uses all kinds of tactics to undermine our right to march. They create long delays before responding to us when we inform them of our intention to march. Often they only issue their permits (a practice that has no basis in law) the day before a march or on the same day of the march. This is a tactic that is used to undermine our mobilisation.

Using verbal bans is another tactic that they use to try and demoralise us. By issuing verbal bans they hope to set us back without committing their illegal action to paper.

We have taken Sutcliffe to court before after he issued an illegal ban of an AbM march. We won that court battle. We are prepared to return to court again and to, once again, ask a judge to interdict Sutcliffe from his ongoing and systematically unlawful attempts to deny us our basic democratic rights. We are also prepared to engage in serious and sustained political mobilisation against Sutcliffe and in defense of what is left of our democracy.

We are calling for Sutcliffe’s immediate dismissal from his post on the grounds that he has made himself a determined and ruthless enemy of our democracy. We are calling on our alliance partners, the movements with which in are in solidarity around the world, all progressive organisations, and anyone who feels that our democracy should be defended, to join the call for Sutcliffe’s immediate removal from his position. We are calling for our comrades to picket any meeting or organisation that hosts Sutcliffe if he visits their city – whether it is Johannesburg, Cape Town, Rio, Istanbul, London, Miami or New York. Let there be no shelter anywhere in this world for the enemies of democracy. We are very clear that the enemies of democracy are also the enemies of the poor.

After the violent state backed attack on our movement last year this banning of our right to march makes us wonder if we are now a banned organisation?

Our memorandum of demands is attached to this statement.

For more information please contact:

Troy Morrow, march convenor: 071 511 8446
Mnikelo Ndabankulu, Abahlali baseMjondolo spokesperson: 079 745 0653
The Abahlali baseMjondolo Office: 031 3046 420

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The Third Force is Gathering its Strength

Abahlali baseMjondolo Press Statement
3 March 2010

The Third Force is Gathering its Strength

The goal that our attackers wanted to achieve when they ambushed us on the night of 26 September 2009 has not been achieved. A surprise attack was launched against our movement, the spontaneous resistance to the attack was broken by the police, our office was destroyed, hundreds of our members and supporters were chased from Kennedy Road, thirteen of our comrades were jailed and illegally detained and we have been banned from openly organising in the settlement where our movement was founded. But our movement was never just in Kennedy Road. Before the attack there were fifteen settlements affiliated to our movement in Durban and more than 50 branches across Durban, Pinetown, Tongaat, Howick, Pietermaritzburg and Cape Town. The goal of the attack was to destroy our movement to punish us for our victory against the Slums Act, to deny us the victory that we had won to have the Kennedy Road settlement upgraded where it is and to neutralise us before 2010. But our movement still exists. In fact it continues to grow. Since the attack we have launched four new branches and we will launch another four new branches soon.

In Kennedy Road there is no political freedom now. Abahlali is banned from the settlement and if you are thought to remain loyal to the movement there is still a risk that you may be assaulted and that your home will be broken down or burnt. We have always allowed political freedom. When we organised No Land! No House! No Vote campaigns we allowed those residents who wished to support political parties to do so. You are either a democrat or you are not and the only real test of your commitment to democracy is whether or not you allow different views to express themselves. No one can deny that we passed that test. No one can deny that the ANC has failed that test.

All of the services that we provided in Kennedy Road are no longer provided. There is no more Drop-in-Centre for people living with HIV and AIDS, there is no more community crèche, there are no more food parcels for families that are starving, there is no more collectively organised care for the sick. Bread is no longer baked for the hungry. There is no more Operation Khanyisa. Now people just connect how they feel without regard to safety – and now people sometimes have to pay for a connection. Even the hall that we fixed up and maintained so carefully after it had lain desolate for years is sinking back into desolation. The grass has not been cut. Rubbish is rotting everywhere. Those who cannot afford to send their children to private crèches now leave them with gogos who are also busy with fetching water, baking and making beer. The care is not the same. At our crèche we taught English and counting, we gave pills to the children that needed them. We had a full time teacher from the community who took her responsibility as a serious job. She had been on courses on how to teach the small children. It is a strange thing that when we as the poor are allowed to govern ourselves we can do all this. But when the political party that has all the money seizes control of our community because to them it is a rebel community they can’t even run a crèche. It is clear that their agenda starts and ends with maintaining political control over the people.

On 19 February 2010 the Kennedy 12 appeared in court again. This time the magistrate openly admitted that there was massive political interference and pressure on this case. He failed to give details of this interference and pressure. We will look for ways to force this into the open.

The case was remanded until 4 May 2010. If the case does go to trial on 4 May the 5 comrades who are still in Westville prison will have spent 7 months in jail without any evidence being presented to the court to indicate that they are guilty of any crime. They spent two months in prison without a bail hearing. Detention without a trial or a bail hearing is a crime. When they did have a bail hearing at the end of November last year no evidence was brought against them other than that they had been identified in a line-up. That means nothing. Their accusers had been to court six times and had seen them in the dock each time. Before that they were neighbours, some were team mates in the same soccer teams. Some had known each other for twenty years. The issue was never whether or not the accusers could recognise the accused. The issue was whether or not the accusers could bring any evidence against the accused. They have failed to do this. There is still no evidence.

It is clear that we are heading for a political trial. When there is open intimidation in the court – including death threats – when politicians are openly advising the prosecution, and when there are repeated delays that keep people locked up because the IO has ‘forgotten to come to court’, because ‘the typist is unavailable’ or because the prosecutor is ‘unavailable’ (when in fact everyone can see her smoking outside the court) you know that you are not dealing with anything that can be called justice. The police investigator has missed court 4 times. He says that he has forgotten to attend the court but if he cannot even be relied on to remember a court date how can he be relied on to investigate a complex situation like the attack on AbM in Kennedy Road? In the constitution of our movement it says that if someone is elected to a responsible position in the movement and they miss three meetings without an apology then they must lose their position. Surely a police officer who fails to attend the case that he is investigating must be removed from that case?

The normal rules of justice have not been applied in this case. It is no different to how the normal rules about evictions or the right to march are not applied in our case. It is clear that the normal rules are never applied to the poor.

The police and the prosecution are supposed to be working for the public. We are, as we have stated many times, especially when we are arrested for ‘public violence’ when we exercise the basic rights promised to us in the constitution, very clear that we are also the public. If this idea of the ‘public’ has to have any useful meaning it has to mean everyone. But it is very clear that the police and the prosecution are not working for us – they are working for the politicians – for Willies Mchunu and the thugs that were deployed against us. It is clear that the poor in this country are supposed to accept that the normal rules do not apply to us. It is also clear that in this country the mobilised poor, those who have organised themselves to speak and act for themselves, are taken by the politicians to be enemies of this society – the same society that we are expected to guard, clean and build in silence.

It is a disgrace how this case has dragged through 12 appearances. Perhaps they are trying to ensure that we have no money left for a good lawyer when the trial comes.

How are we expected to abide by the law when the state does not? What are we supposed to do when citizens are compelled to respect the law but the state does not? How are we supposed to protect our struggles when the state has no respect for the law? How are we even supposed to get the money to pay lawyers to argue that we too deserve to be treated within the law?

Last year we won a great victory in the Constitutional Court. That victory has forced the state to admit that it cannot ‘clear the slums by 2014’ and to promise to meet our demand and to access land and to build houses in the cities. But while we can get a fair hearing in the Constitutional Court there is no fairness lower down. Despite this we believe that power remains with us. When the law can’t be a remedy for us we will use our political power.

The guys in prison are suffering a double victimization. They must endure imprisonment and they must endure the assaults that they are suffering in the prison. Once again their visitors are being chased from the prison at visiting hours – both comrades and family. We have asked Bishop Rubin Phillip to contact the prison authorities on this matter. On Tuesday a group of priests from South Africa and abroad visited the prison.

Things are still difficult for the people displaced in the attacks. They all lost the infrastructure that a person needs for a sustainable life. Many of them lost everything. Many of them are still looking for a safe place to stay.

The attack was meant to destroy our movement -to frighten us back into the dark silence from which our movement emerged. Well we have a very bad news for our attackers and those that have supported them – for people like Jackson Gumede, John Mchunu and Willies Mchunu. The bad news is that since the attack we have formally launched four new branches. We have launched new branches in:

· Hillary

· Cato Crest (Umkhumbane)

· Lindelani (Ntuzuma)

· Port View (Diakonia Avenue, CBD)

We are also preparing to launch three new branches in:

· The Ridge View Transit Camp (Chesterville)

· New Dunbar (Mayville)

· Albert Park

There is also underground organising that we cannot yet speak about.

We don’t go to shack settlements, or blocks of flats, or to the old tin houses or the new amatins to mobilise people. People come to us. They mobilise us to come and share our experience of struggle with them. All we do is to allow ourselves to be mobilised. It is the condition of people’s lives that recruits them to this struggle.

On Sunday we launched a new office in the transit camp in Siyanda B. A few weeks ago we opened our new head office in the CBD. We lost a lot of books in the attack but our library is running again.

Since the attacks we have carried on the work of fighting evictions. Evictions have been stopped in:

· Tumbleweed (Howick)

· Hillary (Durban)

· Motala Heights (Pinetown)

In all these areas the battles are ongoing.

On 17 March 2010 it will be one year since the High Court issued an interdict against the Department of Transport giving them one year to provide permanent housing to the people that it evicted from Siyanda and into the Richmond Farm Transit Camp. But there are no plans yet for housing these people. The court also issued an interdict that forced the Department to provide basic services. But almost a year later there is still no water, there are still no toilets. The court also ordered that there would be a report to the court every three months but there has been no report. The Department of Transport is in contempt of court. We will take this battle up in the streets and in the court. We will demand that the Department be held accountable to the people forced into the Richmond Farm Transit camps like fish into tins and to the High Court.

We are well advanced with plans for more mass action. This will include things like public protest and, in one area, a rent strike. We will announce these actions soon.

About 150 of the people displaced from Kennedy Road are meeting once a week with the exiled but democratically elected Kennedy Road Development Committee. They have formulated the following demands:

1. The right to safe and permanent return to the Kennedy Road settlement.

2. The right to access to nearby land if someone else has built on their land in the interim.

3. The right to full and equal protection from the SAPS for everyone.

4. The right to have the Memorandum of Understanding that was signed between the Kennedy Road Development Committee and the eThekwini Municipality in February last year recognised and honoured as a legally binding document.

5. The right to free political activity for all within the settlement.

6. The right to have the ANC coup recognised as a coup that has no standing. The ANC committee should be set aside and a credible outside organisation should hold a free and fair election for a new committee.

7. The right to have our right recognised to land and housing in the upgrade that was won by our struggle.

8. The right to continue to struggle for the realisation of these legitimate demands in and out of the courts.

9. The right to have the attack and the blatantly unfair and unlawful judicial process that followed it investigated by a credible and independent commission of inquiry.

The situation in Kennedy Road is very bad now. There is no longer any leadership – there is just political control. The demolishing of homes of AbM supporters continues. The outside ANC is no longer in Kennedy Road. The settlement has been left in the hands of the local shebeen owners and the local ANC that perpetrated the attack. It is disgracing how the ruling class overlooks the social needs of people and is just interested in politics – in controlling the people from the top down. The crime rate is now very high in the settlement. The situation is particular dangerous for women. It is also affecting people outside of the settlement. The middles classes near to the settlement are becoming very concerned about the increase in crime.

There are serious debates going on in the settlement. People are asking where Willies Mchunu is now when the community has no leadership and is not safe. In February he promised that he would house people but he can’t fulfil those promises. In fact after we were attacked John Mchunu said that the people would be taken from Kennedy Road to the transit camp in Chatsworth. People are now wondering if in fact it could be that we were attacked so that the land that we had won could be taken back from us.

The state has failed to respond to the worldwide call for an independent commission of inquiry. On Friday Abahlali baseMjondolo will meet with Church Leaders to take forward the proposal for the churches to conduct their own inquiry.

Perhaps because of the escalation of crime in the settlement, and because of how this is now affecting the middle classes nearby the settlement, or perhaps just because some police officers really do want to do their work properly the local police are now, at last, starting to act against the leaders of the coup. On Thursday last week two people – a shebeen owner and well known criminal who were both involved in the attack – were arrested for demolishing a house of an AbM supporters. This is an important break through. Up until now the police have just refused to open cases for people whose homes have been demolished. S’bu Zikode was the only person who succeeded to open such a case. Others were just chased. Mashumi Figlan was badly insulted when he tried to open a case. Mondli Mbiko was promised that a case would be opened but nothing happened. Therefore we welcome these arrests and commend the police. They are a sign that the local police are starting to resist the political pressure and to obey the law rather than the politicians. They are not the first sign. Last week two others, both members of the new ANC committee in Kennedy Road, were arrested for assaulting one of our comrades. If the police can follow the law rather than just taking orders from the ruling party then there are some small but important signs of hope.

The arrested people are:

1. Sizwe Motaung (shebeen owner)

2. Linga ‘Mnqundu’ Hitsa (well known criminal)

3. Zibuyile Ngcobo (Member of the BEC of the local ANC and part of the new ANC committee installed after the coup)

4. Nana Ngcobo (Member of the BEC of the local ANC and part of the new ANC committee installed after the coup)

It is interesting to note that, while we have been rebuilding our movement and looking after the displaced and the jailed, people have been struggling all over South Africa. If we are the third force then it is clear that the third force is everywhere. And if the third force is everywhere then it is clear that the third force is just another name for the organised poor. There is no doubt that the poor will rise again and again. Nothing will make Lanesdowne Road or the Golden Highway safe for the business of the rich for as long as the poor are kept poor. The only question is what will the poor rise for? Will we rise against each other or we will rise against injustice? It is so sad that in Uganda and Kenya the rich and their priests and Maulanas are trying to turn the people against each other. Here in South Africa we commend those who, like Sikhula Sonke, have taken a clear stand against xenophobia and for a struggle that empowers the poor to take back our dignity from the rich in and out of government.

It is also interesting to note that while we have been rebuilding our movement Haiti has been devastated by this terrible earthquake. It is clear that from Haiti to Kennedy Road the poor are not allowed to choose their own leaders and to build their own power. From Haiti to Kennedy Road we are only allowed democracy if voting means that we support one faction of the rich against another. From Haiti to Kennedy Road our political weakness leads us to be vulnerable to disasters like fires, floods and earthquakes. And from Haiti to Kennedy Road disasters are misused to seize even more control over our communities in the name of helping people who have been made to be desperate. From Haiti to Kennedy Road the solution, the real solution, is the political empowerment of the poor by the poor and for the poor.

Our struggle began in 2005 with marches against Yakoob Baig, the Ward 25 councillor. We have heard that his house was recently repossessed by the bank. Two days later one of our members saw him at the Suncoast Casino. The rich think that only they are fully human. They think that only they are real citizens. They think that we are dirty and stupid and that we like living like pigs in the mud. But in fact the only difference between the poor and the rich is that the rich have money and the poor do not. There is no other difference. Some poor people wake up one day and notice that they are rich. Some rich people wake up one day and notice that they are poor. Money can come and it can go but you were still born to the same mother and you still have the same mind. We are issuing a public invitation to Yakoob Baig to come and speak to us if he needs a place to stay. We can show him how to get some pallets from the dump and arrange for some land where he can build a jondolo for his family.

We want to thank all those people around South Africa and around the world who have supported us after the attack. Their investment has not been wasted. Our struggle continues.

Any popular movement that is serious about building the power of the poor and that is serious about demanding the full recognition of the equal humanity of the poor will face many challenges and tests. We have confronted and passed many challenges and tests since 2005. The attack on our movement in Kennedy Road has been the greatest test that we have faced so far. But we have passed it.

For further information please contact:

Mnikelo Ndabankulu: 079 745 0653
Mazwi Nzimande: 074 222 8601

For further information about the specific situation in Kennedy Road please contact Mzwake Mdlalose: 072 132 8458

Support for the displaced:

To offer support of any kind to the people displaced or arrested in the attack on Abahlali baseMjondolo in Kennedy Road please contact the Kennedy Road Development Committee via Mzwake Mdlalose. The solidarity fund managed by Bishop Rubin Phillip is still active and open for donations. The details are online at: http://abahlali.org/?p=5783

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Inkulumo ka-Mengameli waBahlali baseMjondolo Movement SA.wokuvulwa kwehhovisi labahlali e-Siyanda

Inkulumo ka-Mengameli waBahlali baseMjondolo Movement SA.wokuvulwa kwehhovisi labahlali e-Siyanda, Isonto, 28 February 2010.

Mphathi wohlelo, abaholi babahlali baseMjondolo, bonke abaholi abakhona ngokwezikhundla zabo nabobonke Abahlali baseMjondolo.

Ngithanda ukuzwakalisa ukukhathazeka okukhulu ngokuthi ngingakwazi ukuba phakathi kwenu namhlanje , futhi ngifisa ukudlulisa ukuxolisa okukhulu kini ngokuzithoba. Nakuba ngifisa nazi ukuthi nginani ngokomphefumulo.Kubeyintokozo enkulu kimi ukubona abaholi benu beshabasheka, behla benyuka ukwakha lelihhovisi ngokusizwa ngamalunga omphakathi. Lelihhovisi lakhiwe ngezithukuthuku zabasebenzi abampofu, lelihhovisi lakhiwe ngothando nobubele ngakho-ke angingabazi ukuthi lizowusiza lomphakathi wabahlali.

Sifisa ukuzwakalisa ukubonga okukhulu emndenini wakwa-Mkhize kwaSihlalo ngokusivumela ukusebenzisa ikhaya lawo ukwenza umsebenzi wabahlali. Lomsebenzi eniwenzile uyinkomba yokuthi kukhulu Abahlali abangakwazi ukuzenzela khona okufana nokwakhiwa kwezinkulisa, izingadi, izinhlelo zokuthuthukisa intsha, imisebenzi yezandla nokunye okuhlose ngakho ukuqeda indlala, izidakamizwa, ubugebengu nezifo. Lokhu enikwenzile kuyinkomba nje yokuthi umphakathi ungakwazi ukuziphathela wona intuthuko yawo ukuze silwisane nenkohlakalo. Nakuba sazi ukuthi siyalubona ushintsho olenzeka endaweni yethu kungenxa yokukhuthala,yokuzinikela nokuzimisela kuka Mama-Mkhize usihlalo walapha neKomidi lakhe, masibashayele izandla. Sithi mabaqhubeke babe yisibonelo nakwezinye izindawo zabahlali ezisakholelwa wukuthi yihhovisi elikhulu lombutho eliseThekwini okufanele lilethe intuthuko emiphakathini yethu. Sikhumbule ukuthi Abahlali bakholelwa wukuthi akukho okwethu ngaphandle kwethu, Abahlali abenzelani bayenzisana, sukuma-ke ukuze sikulekelele ukukusukumisa.

Sifisa-ke ukuthi ukuvulwa kwalelihhovisi sikuthathe njengokuqala kwentuthuko enkulu eseza kulomphakathi obesekukholakala ukuthi sewathuthukiswa. Silindele ukuthi njengoba nomgwaqo usuvulwa, alandele namanzi, ugesi, nezindlu zangasese ngalesikhathi silekelela uhulumeni ukuthi aphuthumise izindlu ezizosinika isithunzi esisifanele. Siyazi ukuthi abanye bethu basahlala kabuhlungu emathinini, abanye badlelwa imihlaba neziza zabo, abanye basezinkantolo ukulwela amalungelo abo, abanye bethu basekudingisweni, abanye basaboshiwe. Nginxusa ukuzwelana, ukubumbana nokubambisana okukhulu ngalesisikhathi esinzima kangaka embuthweni wethu ukuze sinqobe. Sekuyabonakala phambili. Ngiqguqguzela bonke abaholi bethu nehhovisi lethu ukuthi lisebenze ngokuzikhandla ukuze sibuyise isithunzi sabahlala emijondolo.

Silindele ukuthi lelihhovisi lisebenze njengesikhungo somphakathi ukuletha intuthuko yalomphakathi ngaphandle kokubandlululana, nokwenzelela. Ngiyavumelana nekhwela ebelishaywa ngabaholi bala ukuthi kwayileligama le-project lishitshwe ngoba i-project yase-Siyanda kwaziwa ukuthi kade yaphela. Yiwona lomphakathi oyokwenza ushinstho, uphakamise negama lethulwe futhi ngokusemthethweni. Sithi bonke Abahlali abasebenze kanzima ukubuyisa isthunzi sabatu abahlala emijondolo.

Ngiyabonga.
S’bu Zikode

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AbM Film Screening in London

http://abmsolidaritygroup.blogspot.com/

Abahlali baseMjondolo Solidarity group in association with SOAS War on Want Society Presents:

The Right to Know: The Fight for Open Democracy in South Africa

– A Short Film Showing and Discussion –

7pm – Wednesday 3rd March

Room 4418 (4th Floor, SOAS Main Building)

Since the mid-2000s, a number of social movements in South Africa have organised and acted to improve the lives of those living in substandard housing and working, if at all, precariously in the informal economy and fighting against privatization, evictions, water-collection and electricity turn-offs.

These community-oriented struggles are based in the “illegal” settlements which are mushroom in and around major cities and sections of the countryside because of South Africa’s ongoing housing crisis. Loosely linked together in the Poor People’s Alliance, movements like AbM, the Western Cape Anti-Eviction Campaign, the Landless People’s Movement, and Abahali baseplasini (Rural Network), have taken direct action against government policy and official neglect.

UK group email list

Facebook event (please indicate if you’re coming)

All are welcome to enjoy the short film and discussion on these movements, as well as learn how YOU can help support their struggles.

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Diakonia: When liberators become oppressors

When liberators become oppressors

Revd Roger Scholtz of the Methodist Church has castigated the authorities for
turning themselves into oppressors of the people they once liberated.

He was speaking at a prayer service organised by Diakonia Council of Churches outside the gates of the Durban Magistrates’ Court on 19 February. The service was attended by church leaders who included Bishop Barry Wood OMI, Chairperson of Diakonia Council of Churches, staff and friends and family members of the
Kennedy 12.

In a powerful message Revd Scholtz said it is ironic that the service is being held just a week after the 20th anniversary of the release of Nelson Mandela from prison.

“On that day when Madiba walked free, a new song had begun, a new song of
hope. A song of promise that the long night of injustice was ending, and that a
new day of liberty was dawning”, he said.

But what has necessitated the prayer service at the courts?, Revd Scholtz
asked. “How is it possible that in this land, this land that has tasted the
sweetness of captives being set free after the bitterness of unjust bondage for
so long, how is it possible that in this land we find justice being denied in a
seemingly wilful and orchestrated way?, he asked.

Revd Scholtz asked how it is possible that the liberators of yesteryear have
become today’s oppressors. ‘How can it be, that those who are in power, who
themselves knew what it was like for the voices of the poor and powerless to
be silenced, how can it be that they now seek to silence those very voices that
are crying out in lament from under the crippling burden of poverty that they
are bearing alone?”, he asked.

He also pointed a finger at Christians and accused them of being accomplices in this darkness of injustice that has descended on the land with total depression looming over the horizon and encouraged the gathering to do a penitential service. “Let us confess our part in the injustice that is being witnessed even now. We confess that our response to the needs of the poor and the oppressed has largely been shaped by concerns for our own comfort and convenience. We confess that we have been easily seduced by invitations to stroll through the corridors of power, in the process loosing our capacity to speak truth to those who abuse the power entrusted to them”, he said.

In his act of confession lay massive criticism of authorities, “We confess
our naïveté in thinking that the long, hard lessons of oppression would be
enough to hold those who now rule to a higher standard, and for assuming that the fruits of freedom would not be hoarded by some at the expense of others”.

He ended by encouraging the church in Durban to stand in solidarity with
oppressed people wherever they may be. “But as we do, we do so as the
gathered people of God in this very place where the bitter consequences of
our complicity are so painfully evident in the lives of our brothers from Abahlali who are incarcerated inside. May this gathering be a sign of our penitence, and our firm resolve to stand as the people of faith in a new way, not just in solidarity with those from Abahlali who are victims of injustice, but with all God’s people who have been denied in some way”, he said.

Meanwhile, the new magistrate in Abahlali court appearance has admitted
that there is massive political pressure in the Kennedy 12 case.

This is the first time that a judicial officer has openly admitted what many who
have been following the case have been saying.

He was speaking at the tenth court appearance of the Kennedy 12. As a
result of this political pressure, he remanded the five in custody to a distant 4
May when they are expected to make another court appearance. The other
seven who are on bail have finally been allowed to come and stay in Durban,
but the rest of the stringent bail conditions were not changed.

Immediately after the magistrate’s admission and decision, Bishop Wood
burst with outrage at the way the Kennedy 13 have been persecuted by the
state since 26 September 2009: “This calculated act of the unprovoked and
unjustified harassment and persecution of Abahlali by the authorities who
have themselves failed to deliver on their electoral promises, this sadism of
the highest order shows to what despicable moral levels our leaders have
sunk. This must be condemned in the strongest possible terms by all people
of conscience”.

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An Open Letter to Church Leaders in the United Kingdom

http://abmsolidaritygroup.blogspot.com/2010/02/open-letter-to-church-leaders-in-united.html

An Open Letter to Church Leaders in the United Kingdom
21 February 2010

Dear church leaders in the United Kingdom,

I would like to draw your attention to a situation of great injustice that is festering in Durban, KwaZulu-Natal South Africa. In response to their campaigns for economic and social rights for shack dwellers, members of Abahlali baseMjondolo (Abahlali), a community movement based in the shack settlement of Kennedy Road, have been subjected to violent attacks, forced evictions and unjust court proceedings since September last year. The most worrying fact about these travesties is that they appear to have been conducted with the knowledge and tacit support of local authorities and structures of the governing party. This repression of a democratic organisation, brings back memories of the oppressive days of apartheid in the country.

The church, particularly the Anglican Church of Southern Africa, has been exemplary in its response to the injustice inflicted on Abahlali and its members. Rubin Phillip, the Bishop of Natal, was one of the first to speak out when the attacks occurred and has consistently done so up till today. Archbishop Thabo Cecil Makgoba endorsed one of Bishop Phillip’s first statements. Other South African churches, including the Methodist Church, the Catholic Church and numerous others have banded together to express their solidarity through organising prayer meetings outside the courts where proceedings – highly questionable in their fairness – are being brought against Abahlali members. Joint statements have also been issued under the South African Council of Churches and the Diakonia Council of Churches.

In Archbishop Rowan Williams’ address to Anglican leaders in South Africa during the TEAM Conference in 2007, he stressed that the in the Bible, justice requires that no-one be forgotten and no-one be invisible. Poor people in South Africa, disempowered as they are, are commonly forgotten and ‘made’ invisible by more affluent citizens and the global community. One sometimes wonders how the history of the church in this period will be written. If the church is to bear witness to our crucified Lord, it must indeed not only walk humbly, but also act justly and love mercy. I believe part of all this is speaking out against the injustices occurring in our world today.

Bishop Phillip, in a statement released shortly after the attacks, urged concerned people to convey their concerns to South African political leaders. Church leaders, it is my hope that all of you will be gracious enough to use your good offices and communicate to President Jacob Zuma your concerns on the matter, supporting the calls made by your fellow leaders in South Africa for justice to be served and an independent inquiry into the attacks made. I also hope you would consider either making your intervention public, or at least issuing a statement in this connection.

I believe this is of the utmost importance because, as one prominent theologian has stated, ‘if any one is deprived or diminished, something is wrong with everything in the Church.’

Yours sincerely in Christ,
Soo Tian Lee

P.S. I have compiled a short list of weblinks to the statements by church leaders referred to in this letter, as well as a couple of other background documents here: http://tinyurl.com/sa-links

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Grahamstown UPM to picket opening of Parliament on Zuma’s 500 000 jobs

Update:13:00, 11 February 2009 – UPM Comrades Arrested

Ayanda Kota from the UPM in Grahamstown, along with Vuyisele Mafemuka, from the UPM in Cape Town, have been arrested while picketing outside parliament. When they asked what the charges were they were pepper sprayed at point blank range and they have since been pepper sprayed repeatedly.

They are currently in a police van and Ayanda still has his phone on him. They don’t yet know which station they will be taken too. Ayanda’s number is 078 625 6462. Please spread the word. The media need to know and, also, people in Cape Town who can offer quick and practical solidarity – legal support, public protest, a physical presence at the police station etc.

GRAHAMSTOWN UNEMPLOYED PEOPLE’S MOVEMENT
Press statement for immediate release
10/02/2010

Grahamstown UPM to picket opening of Parliament on Zuma’s 500 000 jobs

The Grahamstown Unemployed People’s Movement (UPM) is to hold a demonstration in Cape Town to coincide with President Jacob Zuma’s opening of Parliament tomorrow evening. The purpose of the demonstration is to highlight the plight of the unemployed in the town, and to protest against the fact that Zuma has not delivered on his promise of 500 000 jobs within six months of taking office. His failure to do so has been confirmed by Statistics South Africa (SSA). In fact, SSA has showed that in the fourth quarter of 2009, jobs were lost.

The unemployment situation in Grahamstown has reached crisis levels, and is hovering at around 70 percent. The most affected are young people, including graduates.

Unemployment in Grahamstown has increased in the past few years. Several industries that provided employment have closed down. These include the railway industry: the line between Grahamstown and Alicedale, which used to be the core railway junction in South Africa before the mid-1990’s, was closed down. A kaolin (white clay used in the manufacture of ceramics, medicine, coated paper, in toothpaste, light bulbs, cosmetics and porcelain) processing factory was also closed down. The Municipality now exports kaolin, in the process making jobs outside Grahamstown. A poultry firm has also been closed down. The Makana Municipality is not creating any labour absorbing activities to absorb the unemployment created by the closure of these industries.

The services sector in Grahamstown, such as Rhodes University and the Grahamstown Arts Festival, has not created enough jobs to compensate. Jobs that are created usually require specific skills or are temporary or casual in nature. This sector has not done enough to address the plight of the unemployed.

The scale of human suffering this problem is causing must not be underestimated. The rate of crime has increased, especially in the township. The liquor and drugs industries are the fastest growing industries. There have been a number of suicide cases, and some unemployed people have died due to stress. Families are breaking down, and women and children are being abused.

We call on Zuma to:

• Implement the promises he made when he was voted into office.

• Ensure that the Makana Municipality implements a labour absorbing expanded public works programme, and provides resources for the development of co-operatives to exploit Grahamstown’s rich natural resources for the benefit of its people.

• Focus more on matters of state, rather than having more affairs with women.

Lastly, the UPM calls on all unemployed people to unite to form a national movement of the unemployed to struggle for full employment in South Africa. The UPM also calls on the state to nationalise key industries to create more employment, as we do not trust the private sector to resolve the employment crisis, as the private sector has been very much part of the problem. Furthermore, the services industries in Grahamstown, such as the university and the National Arts Festival must be required to create employment in return for the massive cash injections they get from the government.

Contact: Ayanda Kota (convenor): 078 625 6462

Mahomed Moorad: 071 922 1227

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Tin Town

Tin Town – Original from Barefoot Workshops on Vimeo.

Tin Town – Short Version from Barefoot Workshops on Vimeo.

Title: Tin Town

A Film By: Nora Connor, Clementine Wallace & Colton Margus

Produced By: Barefoot Workshops, Inc

Instructors: Alison Fast, Teddy Symes & Chandler Griffin

Sponsors by: Canon USA, Sennheiser, Bogen Imaging, Lowel, Litepanels

Created: February 2009, Cape Town, South Africa
————————————————
Promised housing by the South African government, more than a hundred Cape Town families found community through their struggle as squatters on a sandy road known as Symphony Way. Recently moved by court order to an indefinitely temporary relocation area called ‘Tin Town’ in Afrikaans, community members reflect on that road in their past and on the road ahead.

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‘We see what you do, we watch you’, warns Revd Brittion

‘We see what you do, we watch you’, warns Revd Brittion

Revd Sue Brittion has warned the authorities that the church is watching them and it will remember when the time comes for the truth to be told.

Revd Brittion was speaking at a prayer service organised by Diakonia Council of Churches for the ‘Kennedy 12’ outside the Durban Magistrates’ Court on Friday 5 February 2010.

She expressed disgust at how the prosecutors and the political leadership have treated the accused and lamented the fact that none of the perpetrators of this horrific attack on Abahlali has been brought to book. “No charges have been put to the accused. The state prosecutor has been highly negligent in preparing a case to the extent of failing to appear in court at one of the eight hearings even if he was seen in the court building. A call by religious leaders for a Commission of Enquiry into the events of 26 September 2009 has been ignored by the authorities”, she said.

Holding a copy of the Constitution in her hand, Revd Brittion said the whole situation is a travesty of justice and goes contrary to the South African Bill of Rights. She said, “The very pillars of the democracy we struggled so long to achieve are being undermined. All the rights enshrined in our precious constitution are blatantly ignored by the authorities”.

For those from the Christian faith, she said, the treatment of Abahlali by the state sounds strikingly similar to the treatment meted out to Jesus. “ Jesus was also unjustly arrested on the spurious grounds that he was challenging the authorities of the day by his steadfast, non-violent actions which revealed
the injustice built into the system of the Roman Empire”, she said.

Spelling out the role of the church, Revd Brittion said “We as the church stand as a crowd of witnesses to those who accuse Abahlali, persecute them and want to remove them from society, as well as to those in authority, magistrates and prosecutors, police and prison authorities, politicians and those who make the law but so often do not keep it themselves”.

Meanwhile, in yet another clear display of the state’s intention to persecute and harass Abahlali into submission the ‘Kennedy 5’ who have been in custody since their arrest in September were again denied bail for the ninth time and will be back in court on 19 February. The other seven who are on bail made their routine court appearance and are still restricted to Pietermaritzburg because the state has not as yet confirmed their new accommodation in Durban.

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Sunday Times: A crisis of dignity – 5 humiliating years later

http://www.timeslive.co.za/sundaytimes/article284174.ece

A crisis of dignity – 5 humiliating years later
One of a human being’s most private acts is a daily ordeal for these families

Jan 30, 2010 8:25 PM | By Buyekezwa Makwabe

Ntombifuthi Mdibaniso dreads answering the call of nature. The matric pupil has been cleaning up human excrement for the past decade – often with only plastic bags to cover her hands – to earn the right to use a neighbour’s toilet.

The humiliating ritual has become a way of life for the 19-year-old, who lives in a shack with her parents in a section of the sprawling township of Khayelitsha in Cape Town.

There are no toilets for the hundreds of families crammed into the shantytown known as QQ section.

Those who need to relieve themselves can beg to use a neighbour’s toilet in exchange for some form of payment, use a plastic bucket in their own shack, go to the toilet in the bush or join long queues to use one of four communal toilets in another section.

The Sunday Times discovered the plight of Mdibaniso and her neighbours five years ago – she was then aged 13 – during turbulent protests over poor service delivery in the then ANC-run city and province. The young teen was reduced to tears by the filthy task.

Today the people of QQ section still face a crisis of dignity – under a city and province now run by the DA.

Minister of human settlements Tokyo Sexwale shed light on what was fuelling the crisis when he told MPs in parliament this week that the number of informal settlements in the country had soared from about 300 in 1994 to more than 2600 .

“Millions of our people are squatting … It’s a disaster in our country, it’s Haiti every day,” he told the portfolio committee on human settlements.

Another toilet crisis in Khayelitsha made headlines this week after the ANC Youth League accused the DA of violating people’s rights in nearby Makhaza. There, the city built more than 1000 toilets for residents on condition they erected their own walls around them. The furore has led to a probe by the Human Rights Commission.

But Mdibaniso said this week that having a toilet without walls would be better than nothing at all. “Things are much better in the rural areas where one will have a tap and a (pit latrine) toilet in the yard,” she said.

Mzonke Poni, a housing activist with Abahlali Basemjondolo – a community group fighting for better housing – described the situation in QQ section as a gross violation of human rights.

“I’ve heard of incidents where women have been raped when either crossing the N2 to relieve themselves or walking to beg for the use of a toilet in another section,” Poni said.

Said Mdibaniso: “When (neighbours) tell you that their toilets are blocked, you have no option but to use a bucket. If your house is in a dense area where there is no gap between the houses, the bucket will have to be used inside the house.

“One then has to walk with a full bucket to dump it in a drain along Lansdowne Road. It becomes a disaster when the drains are blocked,” she said.

She said it was difficult to take the 15-minute walk across a bridge over the N2 freeway to conduct one’s ablutions in what was once an open field, because of rapidly expanding shacks.

There are four communal toilets in a nearby section of the township, but Mdibaniso said there were long queues from dawn of people too afraid to relieve themselves outside at night.

City of Cape Town spokesman Kylie Hatton said authorities had wanted to provide portable toilets in QQ Section but residents rejected them because they wanted to be moved away to “formal erven and receive houses”. She said 4000 rented chemical toilets had been placed in areas around the city to ease the ablutions crisis.

“The housing backlog is estimated at 400000 households,” said Hatton.

Mdibaniso said: “What I want is for us to be moved from this place to a place where there is space so that we can get access to water, a working toilet and electricity.”

Vuyelwa Cogwana, a squatter in Makhaza, where the city erected the controversial open-air toilets, said: “I have been moved three times in three years. I cannot build walls around that toilet or use it because this piece of land is not mine. The owner may move in tomorrow and what would happen to the material I’ve used?”

The toilets at Makhaza, most of which have been shielded from public view by residents, are part of the city’s informal-settlement upgrading project.

There are nearly 4000 bucket toilets still in use in and around the city of Cape Town.

According to the Department of Water Affairs, over three million families and 828 schools in the country have no access to basic sanitation. – Additional reporting by Anton Ferreira

makwabeb@sundaytimes.co.za

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Third NYC Encuentro for Dignity & Against Displacement

Third NYC Encuentro for Dignity & Against Displacement

Movement for Justice in El Barrio

An echo that turns itself into many voices, into a network of voices that, before the deafness of power, opts to speak to itself, knowing itself to be one and many, acknowledging itself to be equal in its desire to listen and be listened to, recognizing itself as different in the tonalities and levels of voices forming it. A network of voices that resist the war that power wages on them. – Words of the Zapatistas at the “First Intercontinental Encuentro for Humanity and Against Neoliberalism.”

An invitation to: Members and families of organizations, community members, and people of good conscience, who are fighting against displacement in their communities across NYC.

From: Movement for Justice in El Barrio

Third NYC Encuentro for Dignity and Against Displacement

An Encuentro is a space for people to come together, it is a gathering. An Encuentro is not a meeting, a panel or a conference, it is a way of sharing developed by the Zapatistas as another form of doing politics: from below and to the left. It is a place where we can all speak, we will all listen, and we can all learn. It is a place where we can share the many different struggles that make us one.

EL BARRIO, NYC, SUNDAY, FEBRUARY 28TH, 4:00 PM

“The rebels search each other out. They walk towards one another, breaking down fences, they find each other.” — “First Intercontinental Encuentro”

The rebels have met. In our first and second Encuentros, rebels who are fighting for dignity and against displacement came together to voice their presence, their rage, their struggle and their dreams. We broke down the fences that power constructs to divide us, we listened to one another’s voices, and we learned from one another.

Now the moment is different. Around the city, the country, and the globe, capitalism is heaving and shaking. We see it showing thin cracks in its concrete walls. We see its self-destruction as it razes its smaller empires. We see it exploit the cynical opportunities it envisions in terrible natural and human disasters. We see its agents rush to the battlefield to crack down on communities rising up to build something different.

We walk along a trembling fault line of resistance and oppression and construct a path towards a future with dignity. With the knowledge of other compañeros and compañeras in this struggle we have walked forward stronger and now we must find ways to support each other.

Here in East Harlem, the giant has fallen. The London based multi-national corporation Dawnay, Day Group bought up an empire of 47 buildings in El Barrio with the intention of displacing our community members from our homes and raising rents by ten-fold. They failed in their mission in the face of years of fierce organized resistance from the tenants of Dawnay, Day that form part of Movement for Justice in El Barrio. They fell victim to their own greed. Now they face foreclosure. Movement for Justice in El Barrio is building an alternative in the ruins.

Across Harlem, the three council members that represent East, Central and West Harlem, millionaire Melissa Mark-Viverito, Inez Dickens and Robert Jackson have time and again joined billionaire Mayor Bloomberg, as he holds on tightly to the reins of power, in planning, promoting, and approving plans that displace our communities.

As we struggle here, we do not forget our sisters and brothers resisting in the far corners of the world. Nor do we forget where we come from and that many of us have already experienced displacement from our homelands. We join the humble and simple people across the world in their resistance as we stand up and join the fight against a global capitalist system that has pushed us to this dignified rage.

In this Third NYC Encuentro for Dignity and Against Displacement we will hear directly from movements fighting against displacement from across the world:

We will facilitate direct live participation from the South African Shack Dwellers to the Third NYC Encuentro. The South African Shack Dwellers Movement is fighting against displacement under the banner of “Land & Housing in the City.” They are standing tall and fighting back against forced removal and continued state repression.

We will also facilitate direct live participation from San Salvador Atenco, Mexico by the Peoples Front in Defense of the Land who will share about their organized creative resistance to protect their land and their culture and to free their political prisoners.

In Haiti, a natural disaster unfolds and amplifies into a man-made disaster from the roots of neoliberal capitalism and from new visions to regenerate its exploitation. We will hear from organized Haitians who have been fighting against displacement for years and will be returning to NYC from Haiti to report directly on the most recent devastation.

Local politicians use their power, influence and money to try to buy-off resistance and pacify dissent. There are those that choose to accept the money of the powerful and ride on the currents of their power. In this Encuentro, we seek to speak directly to those who have chosen to fight against displacement and for dignity from the ground up and who will not be swayed by the seduction of the powerful and their riches.

Power seeks to divide and marginalize us as people of color, as women, as transgender, gay and lesbian, as youth, as the elderly, as workers, as immigrants, as tenants. We must resist division. We must seek to come together.

In this Third Encuentro, we will premiere a documentary of our 2nd NYC Encuentro for Dignity and Against Displacement in which 38 groups came together to share their struggles.

Groups fighting against displacement across New York will share our struggles and use this gathering to find ways to mutually support each other. We will share whatever form of expression we choose, whether it be verbally, through song, poetry or rhyme, through a video, through artwork or however people can best express their struggle.

Please RSVP by Monday, February 15th!!

P.S. Children are especially invited to come break open the “Neoliberal” Piñata!

We will provide dinner, childcare and Spanish/English translation.

Please RSVP by February 15th with the number of adults and children that will be attending, their names and an address at which you would like to receive your tickets.

Once you have RSVP’d you will receive your tickets and more details on the Encuentro.

For more info or to RSVP please contact us at (212) 561-0555 or movementforjusticeinelbarrio@yahoo.com

Who we are:

We are Movement for Justice in El Barrio. We are a group of humble and simple people who fight for justice and for humanity. Movement for Justice in El Barrio is fighting against gentrification in El Barrio, a process that is better understood by we who are affected by it as the displacement of families from their homes for being of low income, immigrants and people of color. We are part of the Zapatista initiated transnational movement called “The Other Campaign.”

For Movement for Justice in El Barrio, the struggle for justice means fighting for the liberation of women, immigrants, lesbians, people of color, gays and the transgender community. We all share a common enemy and its called neoliberalism. Neoliberalism wishes to divide us and keep us from combining our forces. We will defeat this by continuing to unite all of our communities until we achieve true liberation for all.

Movimiento por Justicia del Barrio

“Un eco que se convierte en muchas voces, en una red de voces que, frente a la sordera del Poder, opte por hablarse ella misma sabiéndose una y muchas, conociéndose igual en su aspiración a escuchar y hacerse escuchar, reconociéndose diferente en las tonalidades y niveles de las voces que la forman. Una red de voces que resisten a la guerra que el Poder les hace”: Palabras de los zapatistas en el “ Primer Encuentro Intercontinental por la Humanidad y contra el Neoliberalismo ”

Invitación a : Al pueblo de Nueva York, i ntegrantes de organizaciones, a sus familias, y a la gente de buena conciencia que est á luchando contra el desplazamiento en sus comunidades.

De : Movimiento por Justicia del Barrio

Tercer Encuentro

De Nueva York por la Dignidad y contra el Desplazamiento

Un Encuentro es un espacio de intercambio humano y de reflexión. Un Encuentro no es una conferencia con discursos o con un panel de oradores, sino un momento de intercambio que los Zapatistas han diseñado como otra forma de hacer política: de abajo y a la izquierda. Es un lugar donde todos podemos hablar, donde todos vamos a escuchar a los demás, y donde todos podemos aprender. Es un lugar donde podemos compartir las muchas luchas diferentes que hacen de nosotros uno solo.

EL BARRIO, CIUDAD DE NUEVA YORK

DOMINGO , 28 DE FEBRERO

A LAS 4:00 P.M.

“Los rebeldes se buscan entre si. Se caminan unos hacia los otros. Se encuentran y, juntos, rompen otros cercos. ”:

“ Primer Encuentro Intercontinental ”

Los rebeldes se han reunido. En nuestro primer y segundo E ncuentros, los rebeldes que están luchando por dignidad y contra el desplazamiento se reunieron para dar voz a su presencia, a su rabia, a su lucha y a sus sueños. Rompimos las barreras que el poder construye para dividirnos; escuchamos la voz del otro, y aprendimos uno del otro.

Ahora el momento es distinto. Por toda la ciudad, por todo el país y por todo el planeta, el capitalismo está tambaleándose. Lo vemos mostrando grietas delgadas en sus muros de concreto. Vemos su autodestrucción mientras va demoliendo sus imperios más pequeños. Lo vemos explotar las oportunidades que cínicamente visualiza con terribles desastres naturales y humanos. Vemos a sus agentes precipitarse a los campos de batalla para dividir a las comunidades que se levantan para construir algo diferente.

Caminamos a lo largo de una falla en tierras de resistencia y opresión y construimos un camino rumbo a un futuro con dignidad. Con el conocimiento de otros compañeros y compañeras en esta lucha hemos caminado más fuertes, y ahora tenemos que encontrar formas de apoyarnos los unos a los otros.

Aquí en el este de Harlem, el gigante ha caído. La corporacion transnacional basada en Londres, Inglaterra, Dawnay, Day Group había comprado un imperio de 47 edificios en El Barrio con la intención de desplazar a nuestra comunidad y subir las rentas hasta diez veces más. Fracasaron en su misión al enfrentarse a años de una feroz resistencia organizada por los inquilinos de Dawnay, Day, que forman parte de Movimiento por Justicia del Barrio. Ellos cayeron víctimas de su propia codicia y la corporacion se derrumbo. Movimiento por Justicia del Barrio está construyendo una alternativa sobre las ruinas.

Desde todas partes de Harlem, una vez más, los tres concejales que representan el este, el centro y el oeste de Harlem —la millonaria Melissa Mark Viverito, Inéz Dickens y Robert Jackson— se han unido con el billonario alcalde Bloomberg, quien no suelta las riendas del poder, para planificar, fomentar y aprobar planes de expulsión de nuestras comunidades.

Mientras aquí luchamos, no olvidamos a nuestros hermanas y hermanos que resisten en todos los confines del mundo. Tampoco nos olvidamos de dónde venimos y que muchos de nosotros hemos ya sido desplazados de nuestra patria. Nos unimos a la gente humilde y sencilla de todo el mundo en su resistencia; nos unimos al esfuerzo por derrocar un sistema capitalista global que nos ha obligado a esta digna rabia.

En este Tercer Encuentro Nueva York por la Dignidad y contra el Desplazamiento vamos a enterarnos directamente de lo que nos cuentan los movimientos que luchan contra el desalojo por todo el mundo:

Facilitaremos la participación en vivo desde San Salvador, Atenco, México del Frente de Pueblos por la Defensa de la Tierra, quienes compartirán con nosotros su resistencia creativa y organizada para proteger su tierra y su cultura y para liberar a sus presos políticos.

Facilitaremos la participacion en vivo desde Sudafrica del Movimiento de Los de Casas de Carton que está luchando contra el desalojo bajo el lema de “Tierra y Vivienda en la Ciudad”. Están manteniéndose en pie de lucha y respondiendo a la expulsión forzada y al continuo estado de represión.

En Haití, un desastre nacional se despliega y amplifica como un desastre de fabricación humana desde las raíces del capitalismo neoliberal y desde nuevas visiones para regenerar su explotación. Vamos a oír a los haitianos organizados que han estado luchando contra el desalojo durante años y que regresarán desde Haití a la ciudad de Nueva York para informarnos directamente de la más reciente devastación.

Los políticos locales usan su poder, su influencia y su dinero para tratar de comprar la resistencia y de pacificar a la disidencia. Hay quienes eligen aceptar el dinero de los poderosos y navegar en las corrientes de su poder. En este Encuentro, buscamos hablar directamente con quienes han elegido luchar contra el desplazamiento y por la dignidad desde la base, y que no se dejan dominar por la seducción de los poderosos y sus riquezas.

El poder busca dividir y marginarnos como gente de color, como mujeres, como homosexuales, como lesbianas, como transgéneros, como jóvenes, como ancianos, como trabajadores, como inmigrantes, como inquilinos… Debemos resistir la división. Debemos de buscar la manera de unirnos.

En este Tercer Encuentro estrenaremos un documental de nuestro Segundo Encuentro de la Ciudad de Nueva York por la Dignidad y contra el Desplazamiento, en el cual 38 grupos se reunieron para compartir sus luchas.

Los grupos que luchamos contra el desalojo por todo Nueva York compartiremos nuestras luchas y utilizaremos esta asamblea para encontrar formas de apoyarnos mutuamente. Compartiremos cualquier forma de expresión que elijamos: puede ser verbal, o mediante una canción o poesía o rima, un video, una pintura o lo que sea con lo que la gente mejor pueda expresar su lucha.

¡Por favor avísenos de su asistencia

antes del lunes 15 de febrero !

PD: ¡Los niños están especialmente invitados a venir a romper la “piñata neoliberal”!

Habrá cena, atención a los niños y traducción español/inglés.

Por favor confírmenos antes del 15 de febrero si va venir, cuántos adultos y cuantos niños, sus nombres y direcciones a las que usted quisiera recibir sus boletos.

Una vez que confirme, recibirá sus boletos y más detalles sobre el Encuentro.

Para más información o confirmar que viene, por favor contáctenos al (212) 561-0555 o a: mov imientoporjusticiadel barrio@yahoo.com

Quiénes somos :

“Somos Movimiento por Justicia del Barrio. Somos un grupo de gente humilde y sencilla que luchamos por justicia y humanidad. Movimiento por Justicia del Barrio está luchando contra el desalojo en El Barrio, un proceso que, como mejor lo entendemos nosotros a los que nos afecta, es que es el desalojo de las familias, sacarlas de sus casas por ser gente pobre, inmigrantes y gente de color. Somos parte del movimiento transnacional iniciado por los zapatistas llamado “La Otra Campaña”.

Para el Movimiento por Justicia del Barrio, luchar por justicia significa luchar por la liberación de las mujeres, los inmigrantes, las homosexuales, la gente de color, las lesbianas y la comunidad transgénero. Todos tenemos un enemigo común que es llamado neoliberalismo. El neoliberalismo desea dividirnos e impedir que combinemos nuestras fuerzas. Lo derrotaremos mediante la unión de todas nuestras comunidades hasta que logremos una verdadera liberación para todos.

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What is happening in Kennedy Road after the Attack on Abahlali baseMjondolo?

19 January 2010
Statement by the Kennedy Road Development Committee (K.R.D.C)

What is happening in Kennedy Road after the Attack on Abahlali baseMjondolo?

After the 26th September 2009 attack on Abahlali baseMjondolo in Kennedy Road by the shebeen owners and the ANC the life of the people has changed into misery. Everything is out of their control and some people are even abandoning the area due to a high level of crime activities making it unsafe. These activities are being started in the shebeens which are operating right through the night again.

The operation of evicting relatives, friends and very active supporters of the so called ‘forum’ and the K.R.D.C. is still continuing. They are under the severe intimidation and their shacks are being demolished mostly every weekend during the night. Our movement is banned from the settlement. But people are also fleeing from the shacks for the safety reason as substantial criminal behaviour is happening during the night.

What is very surprising for this saga is that there is now a group of people calling themselves the new Kennedy Road Committee of the ANC. This committee was selected by the Ward Councillor, Yakoob Baig, and the chairperson of the ANC in the ward, Jackson Gumede, together with the Provincial Minister of Safety & Security, Mr. Willies Mchunu. Mr. Mchunu is also a prominent member of the ANC in the province but nothing has been done to get this situation into order.

What we have perceived is that their intervention was not intended to get the solution in this matter. They were one sided. Even today nobody speaks about a peaceful solution where everybody can be accommodated. Nobody speaks about the fact our homes have all been destroyed or that we have been driven from our community. Soon after the attack Mr. Mchunu declared a commission of inquiry to investigate and interrogate with the intention to find out what was the source of the violence which left two people killed and numerous people injured. The only result that we can see from that inquiry is that five members of the Kennedy 12 continue to be unlawfully detained without a bail hearing or a trial. None of the people who attacked us, threatened to kill us and destroyed our homes has been arrested.

On the 25th of December 2009 there was another violence that occurred in one of the shebeens. Two people died on the scene and 3 were injured seriously. The late news said that even those 3 were later died in the hospital. This was not a political violence. Mr. Mchunu told the world that we were ‘criminal’s’ and Mr. Baig said that ‘harmony’ had been returned to the settlement after we were evicted. But now they say nothing about these deaths. These deaths show the wisdom of the closing hours that had been put on the shebeens.

The community mandated us to put a closing time on shebeens because the shebeens were running all night and that was making the community unsafe. We negotiated that closing time with everyone, including the shebeen owners and the police, and discussed it in mass meetings. Every community has a right to make sure that it is safe and to make its own decisions about how to organise itself. But for this we were presented as criminals by the politicians! Now they say nothing as people are killed in the shebeens.

There is also a lot of rumour since Abahlali baseMjondolo has been displaced from Kennedy Road – even in the court of law. During the last appearance of the detainees the prosecutor could not appear in court to attend the case and so it was delayed once again – for the 7th time. What was very surprising was that sooner after the magistrate remanded the case the prosecutor was found sitting outside the court. When our advocate asked him about his absence from the court he said that he wasn’t aware that the case was on that day.

What we observed to the whole situation is that there is a lot of political conspiracy against Abahlali baseMjondolo in order to discredit what the movement has done for shack dwellers in this country. This movement has given poor people a voice at every level of society from our communities, to the media and even the constitutional court. Those whose power and money depends on the silence of the poor will never forgive us for this. But most poor people know the truth about our movement and about this country and so we are confident that our movement shall prosper.

As the K.R.D.C. we are still regarding ourselves as the legitimate representatives of the settlement because we were democratically elected by the people of Kennedy Road. We were removed by violence and force – we were not removed democratically. We are still determined to continue to work together with the Project Preparation Trust and the Municipality to move forward with the victory won by Abahlali baseMjondolo for Kennedy Road which was the agreement to upgrade the settlement where it is in a participatory and democratic way.

Written by the K.R.D.C. For more information or comment please contact Mzwake Mdlalose on 072 132 8458

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Help Zille-Raine Heights Fight Eviction

HELP ZILLE-RAINE HEIGHTS FIGHT EVICTION
FROM BAD TO WORSE…

24 January 2010

On Friday the 29th of January, over 260 women, men, children and elderly will be represented in court for our appeal trial against forceful relocation from Zille Raine Heights informal settlement in Grassy Park to Happy Valley, 35 kms away from Cape Town.

Four years ago, we, the community of Zille Raine Heights, occupied land in Civic Road, Lotus River. Most people lived in overcrowded flats for most of their lives, some were backyarders, and others were facing evictions from their landlords. For approximately fifty years there has been no housing delivery in the LOGRA area (Lotus River, Grassy Park, Ottery and Retreat) and we decided we needed a solution to our housing problem. The following day after we occupied the open field, our places were demolished by the City without any court order.

Mayor Helen Zille arrived on the land that Sunday afternoon and said that the City of Cape Town would relocate us within 0-18 months to our permanent site, and that we would be part of the first pilot housing project in Pelican Park, Zeekoevlei. She said this twice, in front of the community and reporters and in a meeting with the committee members and the Homeless People’s Crisis Committee.

We lived for three weeks in the open and then the council moved us on their trucks to the field we are currently staying on. Seven months later, the City issued our eviction order. The legal trial took a year and a half, and the judgement was passed on the 13th of June 2008 without any of us being present. We found out about the judgment when a journalist came to interview a resident about a fire on the settlement. The judgement said we were to be evicted and had to move to Happy Valley.

We visited Happy Valley, and we saw the living conditions of the people. It is overcrowded, people have poor sanitation and electricity, and they must walk far for water. There is a dumping site off which people eat to survive. There is high unemployment, and there are few jobs in the area for the community. People told us they used to work before moving to Happy Valley, but since had lost their jobs because they were unable to pay for the cost of travelling far to get to work. We were told that even current mayor Dan Plato said “My dog’s kennel is better than the structures that people are living in, in Happy Valley.”

All we ask is not to be moved far away from our support systems. Most of us rely on family and friends who support us. We will be far from our churches, mosques, our workplaces, clinics and schools. We are willing to move from Zille Raine Heights, but we want permanency – not from TRA to TRA (temporary relocation area).

In March we would have been on this land for four years, and during this time we have not been adequately consulted by the Mayor, nor the Council. Not once has Helen Zille kept her promise to visit us again. Where is our councillor, Jan Burger, and why is he getting paid for doing nothing? We have read that so many ward councillors have helped their communities, why not ours? We should keep politicians accountable!

We live in the new South Africa with the right to housing, but the apartheid style of forced removal remains! We are not going to rest until justice is served!

Support us in our struggle to find permanent housing, by joining us at the high court in Cape Town, 09h00 Friday 29th January 2010. You can also support us by sharing this information in your community.

Contact: Eleanor Hoedemaker 074 724 7373 or Gwendolene Botha 084 213 8169

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Shack Dwellers Strike at National Print, Pinetown ++ SHOTS FIRED ++

Update: 27 January 18:32 – the bosses have flown down from Jo’burg to negotiate with the strikers and the strike has been suspended while the negotiations are ongoing. So far things are looking very positive.

150 contract workers at National Print, in Westmead, Pinetown, have walked off the job. The night shift workers will also refuse to work tonight.

The contract workers have decided to go on strike in protest at the attempt by the CEO to suddenly reduce their working hours and, therefore, their income. January is the month when poor families struggle to pay school fees and to buy school uniforms, books and stationery. This is a very bad time for people to suddenly lose most of their income.

About 70% of the contact workers at National Print are shack dwellers, most from the Abahlali baseMjondolo strongholds of Motala Heights, New Maus and Mpola. We have successfully resisted eviction from our settlements and we will also resist eviction from our workplaces.

The economy is in crisis due to the extreme greed of the rich. We have worked hard and done our work well. We are not to blame for the crisis. It is common sense that no one should take more than they need for themselves and their family. It is also common sense that no one should be able to take less than they need for themselves and their family. Everyone in this world has a right to a decent income.

For comment from the scene of the strike contact Lindo (AbM Youth League and National Print Worker) on 074 460 5806.

++++++++++++++++

BREAKING NEWS

The strikers at National Print in Westmead, Pinetown, are currently under police attack. Rubber bullets and stun grenades have been fired. It is too early to determine if the police have also used live ammunition or how many people have been injured.

For more information contact Lindo at 074 460 5806

++++++++++++++++

Update on the National Print Strike

Twenty of the strikers at National Print in Westmead, Pinetown, were injured by the police yesterday. Some of the strikers who fled the police attack at the factory gates in Westmead were later accosted by the police in central Pinetown and viciously assaulted there.

The strike continues.

For more information contact Lindo at 074 460 5806

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Call to a Prayer Meeting for the Kennedy 12 on 22 January 2010

Update:The application for bail was delayed until the 5th of February. This is 8th postponement of the bail hearing and the five members of the Kennedy 12 that remain in custody have now been illegally detained for four months without a bail hearing or any evidence being brought against them.

JUSTICE DELAYED IS JUSTICE DENIED
AN URGENT CALL TO A PRAYER SERVICE

22 January 2010 – Durban Magistrates’ Court

To all clergy, faith leaders and people of Durban.

By now many will be aware of the events in Kennedy Road and the subsequent arrests of thirteen members of the grassroots movement known as Abahlali baseMjondolo (AbM).

What is the latest news?

On 11 December 2009 the accused “Kennedy 12” made a brief court appearance at the Durban Magistrates? Court. Five were remanded in custody, whilst the seven had their bail conditions unchanged.

On Friday 22 January, the “Kennedy 12” will be in court for the eighth time. The five will be expecting judgement in the bail application, while the seven will be seeking relaxation of their bail conditions. The “Kennedy 12” now need your presence, your prayers and your protest more than ever before. It is important that they know that we care. Solidarity for the “Kennedy 12” has been expressed locally, nationally and internationally and we urge you to make your voice and protest heard.

* Please join us at the Prayer Service from 8.30am to 9.30am outside the Durban Magistrates’ Court on Friday 22 January. We hope that, as people of faith, your presence and prayers can be a source of comfort to families and friends of the accused. Clergy are invited to wear clerical attire.

* Accompany AbM members into the court gallery after the prayer service – thereby assuring them safety.

* Pray for those in prison and their families. Pray for our faith leaders who have intervened in this situation.

* Pray for all our elected leaders that their hearts would hear the cry of the poor for justice.

* Support the calls for a Commission of Inquiry into the events of 26
September 2009. Only the truth will set us free.

* Write letters to the press, to government and to the President, calling for justice in
this matter.

* The facts speak for themselves – share them with others. For more information,
visit www.abahlali.org or www.diakonia.org.za

“We continue to say to President Zuma, please, Mr President, show mercy and compassion and hear the prayers and longing for democracy by your people”.
– Archbishop Thabo Cecil Makgoba, Anglican Archbishop of Cape Town.

“Are the current powers threatened by a lowly movement of the poor – Abahlali baseMjondolo as Herod was threatened by the newly born Prince of peace? Are the current powers threatened by the practise of true democracy?”
-Bishop Mike Vorster, Methodist Church of Southern Africa

“Our message to the authorities is, we are sick and tired of the way you are treating the poor. The very people who put you into power are the very people who can pull you down. So, do not mess with the people. We are angry that this democracy is being undermined by the very people who are meant to uphold it”.
-Bishop Rubin Phillip, Anglican Diocese of Natal.

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Freedom’s prisoners

http://www.mg.co.za/article/2009-12-23-freedoms-prisoners

Freedom’s prisoners
NIREN TOLSI | DURBAN, SOUTH AFRICA – Dec 23 2009 06:00

Among the debris of the Abahlali base­Mjondolo president’s destroyed home lie the remains of freedoms enshrined in the Bill of Rights.

Almost three months ago Sbu Zikode had to flee his shack in Durban’s Kennedy Road after armed mobs rampaged through the settlement in a frenzy of ethno-political cleansing that left two people dead.

Today Zikode, leader of one the largest social movements in the country (with more than 20 000 members), remains underground, living in a safe house with his family and forced to convene the organisation’s meetings in secret — his freedom of movement and political association crushed.

Government has ignored Abahlali base­Mjondolo’s calls for an independent commission of inquiry into the attacks, while shack dwellers continue to allege these occurred with the knowledge of both the police and the ANC, intent on disembowelling the movement.

“The country is blessed with vibrant social movements and the ANC regards us — not the other official political parties — as their true opposition, because we are closer to the pain on the ground,” said Zikode. “We are organised, willing to defend our rights and questioning the way the government handles power.”

Researchers and activists have long asserted the ANC’s antipathy towards the country’s social movements — many of which blossomed once the effects of Gear, the neoliberal macroeconomic policy adopted by government in 1996, began to be felt by communities, which responded by mobilising against evictions and cut-offs.

Grassroots community organisations and social movements, such as the Anti-Privatisation Forum and the Landless Peoples’ Movement, which were formed in 2001, are labelled “counter-revolutionary”, “the third force” or “anti-democratic” by government whenever their dissenting voices are raised.

With government clamping down on political mobilisation and deploying pliable cadres such as Lawrence Mushwana (former public protector and recently installed as head of the Human Rights Commission) to the Chapter Nine institutions, the advocacy roles of NGOs have become more profound in ensuring freedom, as have the role of the Constitutional Court and the right to public protest during the past decade.

Freedom — or the lack thereof — pervade our every day: whether chanting down Babylon, getting hitched or going out on the piss.

In her chapter “Thabo Mbeki and Dissent” in the soon-to-be-published book, Mbeki and After (Wits University Press), former Freedom of Expression Institute (FXI) head Jane Duncan notes that “harsher forms of policing became more apparent during Mbeki’s period in office” with an increased use of rubber bullets and live ammunition against protesters.

Drawing on case studies conducted between 2002 and September 2008, Duncan noted the right to protest being hampered by “an abuse” of the Regulations of Gatherings Act when “local authorities conflate the notification process [which the Act requires to be made seven days before a march] with a process of permission-seeking”.

This has allowed local municipalities to censor protest at their whim — as was the case in 2005 when Abahlali baseMjondolo were denied “permission” to march on eThekwini mayor Obed Mlaba’s office. They marched regardless and police opened fire on the peaceful demonstration, injuring several people.

In conversation, Duncan points out that these tactics are not the sole preserve of the ANC in government. Citing Helen Zille’s clampdown on protest while mayor of Cape Town, Duncan said: “This problem is a systematic feature of local government practice.”

Activists said they experience ­constant intimidation by police. Arrests after marches of leaders, who are charged with “inciting public violence”, and attempts to infiltrate their movements by security apparatus are ways of clamping down on those expressing discontent.

Research shows protests usually occur as a last resort after long periods of futile engagement between communities and dysfunctional ward committees or municipalities. What then for the collective, whose democratic voices are being silenced — often brutally — by the state?

Legislation such as the Promotion of Access to Information Act (PAIA) of 2000 was aimed at freeing citizens to seek truth from power. But Duncan estimated that until 2005, more than 60% of the applications made through PAIA met “mute refusal” by government departments. Des D’Sa of the South Durban Community Environmental Alliance has described the Act as “cumbersome” and “a failure”.

Whenever the group has attempted to get information about tests and pollution levels, they are “made to fill in hundreds of forms before being told we need to speak to industry. When we approach companies like Shell and Engen, they refuse to tell us anything because these are all ‘industry secrets’,” said D’Sa.

The attacks in New York on September 11 2001 — which resulted in the erosion of American freedom with laws such as the Patriot Act — have also had repressive repercussions in South Africa.

It has meant reinforcing apartheid legislation such as the National Key Points Act, which ostensibly calls for the securing of harbours, airports and government buildings. And, this year, the Supreme Court of Appeal found that the 2005 detention and extradition of Pakistani national Khalil Rashid to Pakistan — because of a perceived terrorist threat — was illegal.

Meanwhile, the FXI has criticised the Film and Publications Amendment Act of 2009, which introduces a system of pre-publication censorship, as “a grave intrusion of the rights to freedom of expression”.

Duncan warned it could be used to censor political pamphlets and place strictures on artistic work; media analysts are concerned it will force journalists to reveal their sources.

Not that the Film and Publications Board hasn’t already used its muscle. In 2007 it banned the award-winning film Bog of Beasts, which used graphic images to focus on child abuse and misogyny, from the Durban International Film Festival.

While there is an overwhelming sense that government appears intent on controlling what we say and what we expose ourselves to, the past decade has seen gains made by ordinary people — usually through the Constitutional Court.

The emergence of “law-fare” has seen citizens using the courts to define constitutional imperatives, such as the equality of sexual preferences and socioeconomic rights, housing and healthcare.

In the Grootboom case (2000), the Olivia Road case (2008) and the KZN Slums Act case (2009), the Constitutional Court found, respectively, that government had to provide alternative accommodation for people in cases of evictions, needed to engage meaningfully with residents in cases of evictions and that evictions could be used only as a last resort while asserting the rights of shack dwellers to define “meaningful engagement” with government.

But reality is sometimes very different: housing activist Irene Grootboom, a cause célèbre during her case, died in a shack in 2008; she was never provided with the accommodation that the ­Constitutional Court required of the state.

The 2005 Constitutional Court victory by the Lesbian and Gay Equality Project paved the way for the promulgation of the Same Sex Marriages Act that ensured same-sex couples were accorded similar status, entitlements and responsibilities enjoyed by heterosexual married couples.

Speaking to the Mail & Guardian on condition of anonymity, a Zulu professional who now lives in Paris said she was staggered by the shutting down of public discourse in Durban when she returned to Durban at the height of the project to install Jacob Zuma as president of the ANC in 2007: “When I went out with friends and relatives, it was very scary that one couldn’t be critical of Zuma, or even play devil’s advocate about his ability to be president. It seemed as if, if you said anything contrary, you were the enemy,” she said.

That trend appears to have been transplanted to a national level, with the vitriol of racialised, personalised attacks or thinly veiled death threats perpetrated by the likes of ANCYL president Julius Malema whenever the president or party is criticised.

Sadly, this means that space for national discourse — which thought leaders like Sunday Times editor Mondli Makhanya contend we collectively surrendered to Mbeki during his term — is being misappropriated by verbal thugs.

This, with authoritarian messaging from government, including the shoot-to-kill commands from the security cluster, has raised further concerns.

It is apparent that, every day, South Africa’s democratically elected government is increasingly mimicking the methods and madness of the apartheid regime.

Are we freer today than we were 10 years ago?

Perhaps we’ll never be as free as we’d hoped to be, but what is becoming apparent is that there is a tendency to become prisoners of ourselves — prisoners of our own doing.

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Laying an Axe to the Roots

Laying an Axe to the Roots

An Advent Message from the KwaZulu-Natal Church Leaders Group

Luke 3:1-20 John the Baptist Prepares the Way

“A voice of one calling in the desert,
‘Prepare the way for the Lord, make straight paths for him.
Every valley shall be filled in, every mountain and hill made low.
The crooked roads shall become straight, the rough ways smooth.
And all humankind will see God’s salvation.’ “

During this season of Advent we are particularly aware of the coming of Christ into our lives, the breaking in of the Word of God into our society – to denounce, disrupt, challenge but also to bring hope: “thy kingdom come, thy will be done”.

In the Scripture readings for Advent the most outstanding person is John the Baptist – a forthright and radical prophet calling for repentance from sin; advocating just economics of sharing; subverting the claims of state, of nation, and tribe; announcing the imminent appearance of a greater prophet than he. He was jailed by the authorities for openly criticising their leading figures. It is this prophet who announces with authority the coming birth of Jesus.

As Luke’s account makes plain, it is John the prophetic radical, agitating among the masses of ordinary people in the wilderness, whose mission anticipates that of Jesus. Luke goes to a lot of trouble to list all the existing people in offices of power in the state and in the temple at that time. But he does so only to point out that, by sharp contrast, Jesus’ project is heralded in the desert, in the wilderness – outside of all those centres of power. He is an outspoken critic of the status quo who is jailed for his efforts: “thy kingdom come, thy will be done”.

As we prepare to celebrate Jesus’ birth, let us not overlook the extraordinary features of this ‘kingly’ birth – an unmarried virgin mother, who is forced to travel because those in power wanted to know how many people were under their control; the announcement to lowly shepherds in the fields and a trio of wise men from afar, of the birth they are privileged to witness, in animals’ stable because Mary and Joseph could not find a decent shelter.

It is from outside the proud corridors of power that John prepares for the Advent of Jesus with a clear Jubilee message – a message echoed throughout the gospel. The valleys are filled, the mountains are flattened out, and that which is crooked is made straight. This is not environmental restructuring, but a social restructuring, restoration and levelling, to bring God’s plan into action. It makes clear that the powerful and rich of society derive benefit from the systems of power, but also that these are maintained at the expense of the poor: “thy kingdom come, thy will be done”.

The profit motif of these systems is at odds with the community of restoration and common life that the early followers of Jesus established in their endeavours to “make the paths straight”. We read of this community in the Acts of the Apostles:

Acts Ch 2, v42 – 47:

They devoted themselves to the apostles’ teaching and to the fellowship, to the breaking of bread and to prayer…. All the believers were together and had everything in common. Selling their possessions and goods, they gave to anyone as he had need.

The season of Advent requires of us that we too scan or search the wilderness for our own prophetic signs that guide us to spaces where we discover the presence of God made flesh. However, unlike the prophets, the shepherds and the wise men, we are not simply called to witness. We are Christians, followers of Christ by living in faithfulness to the whole mystery of Jesus’ birth, life, death and resurrection.

For us then ‘truth’ is no longer just a matter of scientific or empirical fact. Truth now is living and acting in this world, certain in the knowledge that Christ is risen, that Christ has inaugurated the kingdom of God and that is why we pray: “thy kingdom come, thy will be done”.

Surveying our own Advent landscape in KwaZulu-Natal in 2009 for prophetic signs, we are compelled to call for repentance, for the paths to be made straight. The contours and content of the sins of our times are mapped out in the struggles of ordinary people against the forces of oppression or even death:

* in the struggles of the small-scale traders of the Durban Market in the Warwick Triangle. These traders are trying to defend and maintain an economy that sustains families and makes fresh produce accessible to many poor people, against a proposed mega-shopping mall. City authorities seem by their actions to show contempt for the lives of the traders and their families, as they act in the interests of the economically powerful. This is yet another ‘development’ that will be paid for by the poor – by the destruction of their means of livelihood and the trampling of their rights and dignity.

* in the struggle of Abahlali baseMjondolo, the shack-dwellers’ movement. This popular movement is defending its right to organise and speak for itself, outside of the apparatus and coercive culture of political parties and the state. It has called for land and housing to be made available within the city. By doing so it has exposed corruption and mismanagement in the allocation of houses. Since September 2009, when the Kennedy Road settlement was attacked by armed and organised vigilantes, the political elites have brought a horrifying wave of violence upon the movement, including forced evictions, targeted destruction of homes, and death threats against its leaders.

In all of these instances, an unholy but, by now characteristic, alliance of profit seeking economic elites and elements in the governing party are implicated in a broader project of elite enrichment and accumulation. And as we look ahead to the coming year, perhaps the 2010 FIFA World Cup will turn out to be the most emblematic instance of this project.

Already, the unfolding logic of this mega-event reveals an elite- and corporate-dominated agenda with disastrous consequences for the poor and the marginalised. In a country with worsening inequality and desperate backlogs of the basic necessities of human life, resources are being diverted to overblown stadia and the like; where the sexual abuse and exploitation of women and young people is rampant, the authorities propose relaxing the regulation of prostitution in the interests of the male foreign visitor/investor; where our cities already constitute hostile terrains in the desperate struggle for survival of the poor, we pursue a diabolical vision of the ‘world class’ city that must sweep them aside so they are removed, invisible and silent; where street trading provides an economic toe-hold for poor people, we undermine and remove them ‘regulating’ and policing the sector to the benefit of the big corporates.

We should not be fooled by the description of this event as ‘development’, which will also benefit the poor. For us it is quite simply another project that will reproduce current economic patterns which deepen poverty and inequality.

Democracy should mean that everyone counts, that the participation of ordinary people is paramount. What we are seeing is the criminalising and undermining of actions aimed at affirming democracy.

But the above instances of social sin of our time, lead us to question the type of democracy that we are developing if it regards the poor as little more than a vote bank, to be invested in only when there is a opportunity for a high return in the power stakes.

For us then, the struggles of grassroots poor people, organised into properly democratic movements, and speaking for themselves, are our prophetic voice telling us all the truth of the situation we are all in. They mark out the substance of our contemporary sin from which we must repent, and they are our sacramental opportunity of grace and transformation towards the Kingdom of God. As Christians we participate as co-workers in the kingdom of God by taking sides and taking action in support of those struggles. And in that work of establishing the Kingdom of God, lies our hope: “thy kingdom come, thy will be done”.

This statement is released in the name of the KwaZulu Natal Church Leaders Group, with the specific endorsement of the following church leaders and ecumenical agencies:

Bishop Rubin Phillip, Diocese of Natal, Anglican Church of Southern Africa; Chair of KwaZulu-Natal Church Leaders Group
Cardinal Wilfred Napier, Catholic Archdiocese of Durban
Bishop P. P. Buthelezi, South-Eastern Diocese, Evangelical Lutheran Church in Southern Africa
Graham Philpott, Church Land Programme
Bishop Mike Vorster, Methodist Church of Southern Africa
Ms Nomabelu Mvambo-Dandala, Executive Director : Diakonia Council of Churches
Revd Phumzile Zondi-Mabizela, CEO: KZN Christian Council
Ms Daniela Gennrich, Director: PACSA (Pietermaritzburg Agency For Christian Social Awareness)

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Order of the Holy Nativity Awarded to S’bu Zikode


S’bu Zikode was awarded the Order of the Holy Nativity by Bishop Rubin Phillip on 16 December 2009.

Click here to read this document in word.

DIOCESE OF NATAL ANGLICAN CHURCH OF SOUTHERN AFRICA

ORDER OF THE HOLY NATIVITY

Whereas by resolution of Diocesan Council in the year of our Lord 2003 the Order of the Holy Nativity was authorised for Distinguished Lay Service to the Diocese of Natal.

And whereas the name of our beloved in Christ, SIBUSISO ZIKODE, has been submitted to us by Citation for such recognition.

We, Rubin, by Divine Permission, Bishop of Natal, do by those present confer the aforesaid honour upon him on the following grounds:

S’bu Zikode was born in 1975 in Loskop near Estcourt in the KwaZulu-Natal Midlands. He has become known to tens of thousands of shack-dwellers in South Africa, as well as admirers around the world, as the elected president of Abahlali baseMjondolo, the shack-dwellers movement. That movement, and the style and content of Zikode’s leadership within it, has been a beacon of dignity and hope in the ongoing struggle for genuine freedom and transformation in our country. Zikode not only leads by listening and by taking action, he is also an extraordinary wordsmith capable of capturing and sharing the heart of a militant but quite beautiful and salvific poetics of struggle. We quite deliberately rely on his own words throughout this citation for he and Abahlali baseMjondolo have consistently made it plain that the poor can and should speak for themselves.

Zikode and his family first moved into a shack in the Kennedy Road settlement in Durban because the rental was affordable and the location was close to work and schools. “Life was much better because we could live close to work and schools at an affordable cost. But I told myself that this was not yet an acceptable life. … It was not acceptable for human beings to live like that and so I committed myself to change things”1. A key to Zikode’s involvement in that process of change was a thorough democratisation of the local development structure, the Kennedy Road Development Committee (KRDC), which had been in control of the settlement until then. “We mobilised the young people. We started with youth activities, like clean up campaigns, and then when the people were mobilised, we struggled to force that there must be elections, that there must be democracy”2.

In the early years of this democratised KRDC, Zikode and his colleagues worked with the local and regional party political structures of the ANC and the City of Durban to try and address the challenges the community faced. But the repeated lies and failed promises built up, and disappointment led to reflection and a commitment to taking action on the people’s own terms. The Kennedy Road settlement made newspaper headlines in 2005 when they blockaded a major road nearby after yet another promise of better housing turned out to be a betrayal. That event also marked the decisive break from party politics to establishing a new politics of autonomous, grassroots action and reflection.

Zikode himself comments on how that day of the blockade felt: “It was good. … It was difficult to turn against our comrades in the ANC but we weren’t attacking them personally. We wanted to make them aware that all these meetings of the ANC – the BEC meetings, the Branch General Meetings, they were all a waste of time. In fact they were further oppressing us in a number of ways. … It had become clear that the only space for the poor in the ANC was as voters – there was no politics of the poor in the ANC. The road blockade was the beginning of a politics of the poor”3. And out of that politics of the poor emerged Abahlali baseMjondolo:

“I had no idea that a movement would be formed, no idea. And I didn’t know what form would be taken by the politics of the poor that became possible after the road blockade. Most people think that this was planned – that a group of people sat down and decided to establish a movement. You know, how the NGOs work. … But all we knew was that we had decided to make the break. To accept that we were on our own and to insist that the people could not be ladders any more; that the new politics had to be led by poor people and to be for poor people; that nothing could be decided for us without us. The road blockade was the start. We didn’t know what would come next. After the blockade we discussed things and then we decided on a second step. That’s how it went, that’s how it grew. We learnt as we went. It is still like that now. We discuss things until we have decided on the next step and then we take it. … In the party you make compromises for some bigger picture but in the end all what is real is the suffering of the people right in front of you. In fact it had become a shame. To say that ‘enough is enough’ is to walk away from that shame. Instead of the party telling the community what to do, the community was now deciding what to do on its own”4.

And this approach has shaped the movement’s understanding of its politics – which it refers to as a ‘living politics’ – and its leadership style. At their heart, both flow from a common sense understanding that “everyone is equal, that everyone matters, that the world must be shared”:

“Our movement is formed by different people, all poor people but some with different beliefs, different religious backgrounds. But the reality is that most people start with the belief that we are all created in the image of God, and that was the earliest understanding of the spirit of humanity in the movement. Here in the settlements we come from many places, we speak many languages. Therefore we are forced to ensure that the spirit of humanity is for everyone. We are forced to ensure that it is universal. There are all kinds of unfamiliar words that some of us are now using to explain this but it is actually very simple. From this it follows that we can not allow division, degradation – any form that keeps us apart. On this point we have to be completely inflexible. On this point we do not negotiate. If we give up this point we will have given up on our movement”5.

This universality of equality, implied throughout the scriptures from Genesis’ account of our creation in the image of God to Revelation’s promise of a new heaven and a new earth, is the singular mark of genuine democracy and is the heartbeat of every genuine struggle for freedom and justice. In recognising S’bu Zikode and in conferring the aforesaid honour on him, we join ourselves with that struggle.

Our decision to confer the Order of the Holy Nativity on Zikode was made before September 2009 when the Kennedy Road settlement was attacked by armed vigilantes, and AbM was violently ejected with the connivance and support of police and local ANC leaders. These attacks have placed acute pressures on the movement and its politics. We have spoken out publicly against these developments and will continue to denounce them and to support Abahlali. It is our hope that this award helps to strengthen Zikode and the shackdwellers’ movement – for we have seen before, in the history of struggle in South Africa, that concerted violent attacks on people’s politics and movements can result in a certain sclerosis of decent, open and democratic politics. It is vital, not just for Abahlali itself, but for all of us concerned with the project of transformation and true democracy, that its ‘living politics’ is kept living, defended in principal and established in practice.

We give thanks for this dedicated servant of the people and servant of the Lord.

Given under our hand and seal on this Sixteenth Day of December in the year of our Lord Two Thousand and Nine in the Fifteenth Year of our Consecration.

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Durban’s bedtime stories: Abahlali baseMjondolo’s struggle continues

Durban’s bedtime stories: Abahlali baseMjondolo’s struggle continues
Raj Patel
2009-12-16, Issue 462
http://pambazuka.org/en/category/features/61058

In a house in a leafy Durban suburb, lightly festooned with Christmas decorations, a TV is playing the Adam Sandler movie ‘Bedtime Stories’. Across scenes of gumballs falling from the sky and Roman gladiator races, our hero tries to get ahead through wish fulfilment. Predictably, his dreams don’t come true in quite the way he hoped.

Under other circumstances, the house in which this TV sits might have been someone’s dream come true, too. It has all the mod-cons – running water, flushing toilets, electricity – and the only neighbourly menace is the sirens of hair-triggered home-security systems. But this is only a temporary home, a safe-house hidden in white suburbia, sheltering activists from the Abahlali baseMjondolo shackdwellers movement. The comforts of this house are a reminder of the comforts of a home they’ve lost, and the nightmare they’ve been through over the past few months.

On 26 September 2009, around three dozen armed men chanting ethnic slogans descended on the Kennedy Road shack settlement in Durban, home to 7,000 people, including many of the movement’s leaders. Members of the Kennedy Road Development Committee were hunted by the mob and, in the attack, over 30 activists’ houses were destroyed and two people were killed. It is increasingly clear that this attack was orchestrated by the ANC (African National Congress) in a deliberate attempt to smash the shackdwellers movement and to reassert their rule over the city’s poorest people. Those leaders who didn’t immediately flee were arrested for the killings and have been in prison waiting for their bail-hearing ever since.

Abahlali had long been a challenge to the ANC, representing the largest autonomous and militant group of poor people in the country, with several successful challenges to the ANC’s treatment of shackdwellers under their belt. After the attack, many activists went into hiding, and the ANC declared the community ‘safe for democracy’. They claimed they’d smashed the movement and, for a while, it seemed as if the ANC’s dreams had come true too.

‘We weren’t surprised that it happened. We were organising for many years’, said S’bu Zikode, one of the movement’s leaders. ‘They were late to crush us.’ His voice is heavier than I remember it.

Abahlali had long been fighting the local government to deliver on the promise of housing made when apartheid ended in 1994. But more recently, the movement had taken on local gangsters and owners of shebeens, informal bars in the shacks which play loud music and serve alcohol late into the night ‘stopping the children to sleep, and making those who have to work very tired the next morning’, according to S’bu. The Kennedy Road branch of Abahlali negotiated a 10pm end to drinking. This didn’t go down well with those whose profits were dented, and who were connected to the ANC. Which is how the latest nightmare began. The thugs arrived soon after the community tried to wrest control back from the gangsters.

I ask how the activists are feeling. Zodwa Nsibande said, ‘We survive on hope.’ Her voice, too, is tired. ‘We are scattered. There’s no assurance that nothing will happen. The ANC may catch us. But we aren’t doing anything wrong. Everything we do is within the law. We shouldn’t be scared.’ Then, without skipping a beat, ‘We know we are going to die, but when the time comes, no one can smile. But one thing I believe. If we didn’t have an impact in our work, they wouldn’t attack.’

And yet, as Mazwi Nzimande told me, the feeling toward the ANC isn’t hatred. ‘I was shamed by the ANC. We’re not taking ANC votes – we’re in the process of making life for all – that’s why we did what we did.’ Zodwa agreed, but didn’t think the attack was inevitable: ‘I feel ashamed. I was not expecting this from the custodians of democracy.’

So has the ANC blown a hole in the movement? Mazwi thinks not. ‘There are many people who want to join us. We don’t have a specific place for meetings but we’re still moving. One thing is that I was thinking about was that they were trying to destabilise us, but we are more popular than before. More people want to join Abahlali. There is a new branch in Pinetown, and new people from the transit camps want to join as well.’

S’bu Zikode is upbeat about Abahlali’s prospects too, seeing the absence of leadership in the Kennedy Road shack settlement not as a victory for the ANC, but as an organising and healing moment. It’s a chance to regroup, not for the leaders in exile, but for the community left behind:

‘We know that time is a big doctor, and there are interesting debates that are happening in Kennedy Road. Life without Abahlali is not the same. When we were chased out, the ANC said we [the Kennedy Road Development Committee] were stopping development. So they put in an electricity tower within six days. People were happy there was electricity. But that is all the ANC did. Now, without Abahlali, the Kennedy Road residents are seeing that the ANC isn’t bringing development. The community service centre where we were had pre-school. We took care of that. Those kids are no longer having to attend school. The crèche has been closed. The feeding schemes have stopped, and there is no bread for the hungry. The HIV/AIDS drop-in centre that we ran has closed. There has been an increase in the death of people who had been attended by our volunteers. It is sad that no one was willing to do it. People thought it was not a hard work. Even on the side of our office, the grass has grown tall because no one cares for it, and now it is a toilet.’

‘Now, the people who conducted the attack are no longer in Kennedy Road. And the same community is reflecting. They are asking themselves if attack made things better or worse – it’s a good mirror of reflecting. There is a good debate about how we were chased out.’

It seems almost everything can be turned into an opportunity for reflection and organising. At the moment, when Abahlali goes to court to support those arrested in the attacks, the ANC also sends a busload of the faithful, usually stopping off for beer en route, to jeer at Kennedy residents. ‘They are unruly, yes, but some Abahlali engage them. People think that the attack was a one- or two-days event, but we’re still continuing it.’ Hearts and minds can be won over outside the courtroom or, indeed, at the local constabulary.

For years, the movement has been at the wrong end of the sjamboks of the notorious Sydenham police station, a few minutes’ walk away from two major Abahlali settlements. But after repeated encounters, including many clashes at protests against the police, the Kennedy Road Development Committee established a shack security committee to which the police were invited. The police station (and its superintendent, Glen Nayager) were won over through attrition, integrity and good faith. This led to a meeting where community and police together decided to place a closing time on shebeens. And when the local ANC branch came to the settlement to defend the gangsters, the Sydenham branch were sidelined.

Today, Kennedy Road has a new police force deployed there. S’bu says ‘Now, Kennedy Road is patrolled by the Metro police and the police from Inanda [several miles away]. The crime of the Sydenham police was to have a relationship with us.’ The progress that had been made has been rolled back a little. But, briefly, Abahlali had defanged their most venomous foe. And they’re sure they’ll be able to do it again.’

In the meantime, though, I asked what people outside South Africa might be able to do to help. Zodwa called on the international community to shame the government, as she has been ashamed by it. ‘That’s the only thing our government is able to understand. People must put pressure on them.’ In New York, Auckland and London, groups have already protested outside South African consulates – and as the 2010 soccer World Cup in South Africa comes closer, there’s a window of opportunity to make the South African government squirm, with some very specific demands. Zodwa again: ‘What we need is an independent commission of enquiry. There should be no one from the state who is also involved, and no one from Abahlali, because we are all suspect in this whole issue. It mustn’t be by us – it must be neutral. So that it will cover the facts of what is really going on.’

In the meantime, the movement continues to meet, and plans are underway for a peoples’ 2010 World Cup, an ‘upside-down’ tournament involving poor people from around the world. As Mazwi put it, ‘We are not going to compromise, not going to give up. We will intensify our campaign.’

As the year ends, it seems as if the ANC will try to tell itself its usual bedtime stories, that the party is in charge, that it – and only it – is the harbinger of development, that progress cannot happen without order, and that it will be vindicated by the 2010 World Cup.

Some people will believe the myths. As I left South Africa, I heard that Bill Gates had recently visited Durban to learn how it was a model for social change for the urban poor, and to use it as a template for urban development elsewhere through his foundation. Yet right beneath the feet of the world’s richest man, the world’s poorest people were organising a rude awakening.

The dreams of the powerful seldom work out the way they hope.

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Amnesty International Statement on the Kennedy Road Attacks

http://www.amnesty.org/en/library/asset/AFR53/011/2009/en/53fce922-d49e-4537-b3bb-84060cf84c85/afr530112009en.html

South Africa: Failure to conduct impartial investigation into Kennedy Road violence is leading to further human rights abuses

AMNESTY INTERNATIONAL

PUBLIC DOCUMENT AI Index: AFR 53/011/2009

16 December 2009

Amnesty International deplores the continuing failure of the South African authorities to investigate impartially and fully human rights abuses which occurred during and after armed violence at the Kennedy Road Informal Settlement (Kennedy Road) in Durban last September. This despite repeated calls since October for an independent and impartial commission of inquiry into the surrounding circumstances and extent of the violence and its aftermath.

The attack by a group of armed men which began during the night of 26 September resulted in at least two deaths as well as injuries to others in Kennedy Road. Homes were damaged and individuals and families were displaced or fled, either as a result of being directly attacked or from fear of being attacked.

The violence appears to have occurred within a complex national and local context relating to policies and possible differences of opinion over the future of informal settlements, in which an estimated 10 percent of South African households are located. Ensuring meaningful participation by affected communities in development planning is consistent with South Africa’s human rights obligations and is recognized in South African domestic law, through the role of municipal ward committees or other bodies. Amnesty International is concerned that the issue of the political control over the direction of development for Kennedy Road may have formed part of the motivation for the violent attack.

The activities of the community based economic and social rights movement, Abahlali baseMjondolo (Abahlali), and the affiliated Kennedy Road Development Committee (KRDC) have been disrupted by the violence and the lives of their leaders and supporters placed at risk. Furthermore the threats against and displacement of the KRDC members from Kennedy Road in September has undermined their ability to continue as a partner with the eThekwini (Durban) Municipality’s Housing Department in a development “upgrade project” for the residents of the settlement. These consequences are particularly worrying in view of media and other reports that in the weeks prior to the violent attack at Kennedy Road, governing party officials at provincial and local levels were expressing a determination to dissolve these community based organizations.

As a consequence of the authorities’ failure to conduct a full and impartial inquiry and to publicly and unequivocally condemn the apparently politically motivated violence which occurred in September, the lives of human rights defenders and government critics have been placed at risk. Furthermore, the confidence of the targeted groups in the impartiality and effectiveness of the criminal justice response to the violence has been undermined.

In October Amnesty International raised its concerns about the violent incidents in late September and the official response to them in letters to the Premier of KwaZulu-Natal Province, Dr Zweli Mkhize, and the provincial Minister for Transport, Community Safety and Liaison, Mr Willies Mchunu. Amnesty International expressed particular concern that credible information from its own inquiries indicated that:

* There had been a significant delay in the police response to calls for assistance made by members of the KRDC and Abahlali during the night of 26 September;

*During that night armed men appeared to be looking for specific individuals and members of specific organizations, including from the KRDC and the President and Deputy President of Abahlali;

*The men also used language which identified targets to be removed from Kennedy Road in ethnic terms, as “amaMpondo ”(Xhosa-speakers) or as non-Zulus; and

*Some of the eight individuals arrested by police on 27 September in connection with the violence may have been arrested not on the basis of a reasonable suspicion of having committed an offence, but due to their links with Abahlali.

Furthermore, Amnesty International expressed concern that public comments made by officials, in the immediate aftermath of the violence, about Abahlali and its leaders, including the president, S’bu Zikode, could have the effect of inappropriately criminalising a whole organization and making its members vulnerable to threats of violence. The Office of the Premier acknowledged receipt of Amnesty International’s letter, but the organization has not yet received a more substantial reply to its concerns.

To the organization’s knowledge there has been no explanation from the police regarding their apparent absence from Kennedy Road from around midnight on 26 September to approximately 06:30 on 27 September. They had been in the area briefly prior to midnight in response to a complaint of “fighting”, but then subsequently failed to respond to calls for help from members of Abahlali concerned about the intentions of a group of armed men who had come into the community hall where they were conducting a meeting. During the hours after midnight two people, Mthokozisi Ndlovu and Ndumiso Mnguni, whose affiliations are not known to Amnesty International, were fatally assaulted and others were injured.

Eight people were arrested on the morning of 27 September when the police returned to Kennedy Road. Five others were arrested over the following two weeks. All 13 of those arrested were supporters of Abahlali. All appeared to have a specific ethnic profile as Xhosa-speakers originally from the Eastern Cape Province.

The state has the primary legal obligation to investigate crime, and it is entirely appropriate for the state to investigate fully the deaths of Mthokozisi Ndlovu and Ndumiso Mnguni and the injuries of other unnamed individuals. At the same time the state also has a duty to protect all persons within its jurisdiction from violence, whether from public or private actors. To Amnesty International’s knowledge, the police have not arrested or charged anyone in connection with the actions of a group of 500 people, who, according to police information, were armed with pangas (machetes) and demanding the arrest of the eight Abahlali supporters on 27 September at Kennedy Road. Following the arrest of the eight, this group of armed individuals went on a rampage, throwing petrol bombs and apparently intending to burn down the arrested men’s shacks, according to police information.

That the homes of all 13 arrested men were destroyed was acknowledged in open court by the police Investigating Officer on 19 October and 4 November, during hearings on their bail application. The homes of other Abahlali and KRDC leaders were also damaged or destroyed at various times from late September and these crimes remain unaddressed. The apparent unwillingness of the relevant authorities in investigating these crimes, along with an atmosphere of official denunciation of the victims’ organization, has discouraged Abahlali members, supporters and others perceived to be supporters from lodging formal complaints with the police concerning continuing threats of violence made against them.

Of further concern is the lack of action in response to the threatening activities of demonstrators outside and inside the Durban Magistrate’s Court at the time of hearings in October and November on the bail application for the accused. Testimony and other evidence which Amnesty International has gathered indicate that the demonstrators, some of whom were wearing the insignia of the ruling African National Congress party, made specific threats of violence against a range of individuals, including members of Abahlali and of faith-based organizations supporting them, human rights monitors and, indirectly, against the accused should they be released on bail.

The sense of licence surrounding the activities of the demonstrators was also evident in their displaying of posters in the presence of the magistrate during bail application proceedings on 26 October and 2 November. The posters denounced the president of Abahlali as a “leader of killers” and called for life sentences for the accused. It appears that no effective steps were taken by court officials on 26 October to stop this conduct, which could amount to incitement or contempt of court and contribute to undermining the right to fair trial for the accused. On 2 November the magistrate asked the court orderlies to tell the poster-holders to take them down or leave the court.

By early December the bail application proceedings had extended over eight separate hearings from 8 October onwards. The presiding magistrate, concerned by the inability of the prosecutor and investigating officer to state in court which of the specific charges individual defendants were facing, insisted that an identification parade should be held. The parade was finally held on 21 November, after the majority of the accused had appeared in court eight times already. During the hearing on 27 November the prosecuting authorities made a simple confirmation of the various charges against each accused. During this hearing and previous ones, the prosecuting authorities did not indicate which evidence it was relying upon to support the charges.

At the conclusion of the hearing on 27 November, the court agreed to withdraw all charges against one of the defendants, Simbongile Magaqana. Seven others were granted conditional bail,1and the remaining five were remanded back in custody for further investigation.2 The charges still under investigation against the remaining 12 accused range from property crimes and public violence to murder. A hearing scheduled for 11 December, on the application for bail of the five men still in remand custody, did not take place due to the failure of the prosecutor and investigating officer to appear in court. The hearing was adjourned until 22 January 2010.

Amnesty International is concerned that the current response by the authorities to the events at Kennedy Road in late September is not addressing the causes which may have lead to the violence, nor ensuring to all those affected their access to effective and impartial legal remedies and protection of their rights to freedom of association and freedom of expression.

The authorities have ignored widespread calls for a commission of inquiry into the circumstances of the violence. The call, first made by Abahlali, for an official state inquiry, was strongly supported by Church leaders and a range of other civil society organizations. More recently, in view of the lack of government response, the Church leaders announced their intention to establish an independent inquiry into the Kennedy Road events.

Amnesty International believes that a thorough, open and impartial inquiry could have important benefits for the protection of human rights both locally and in other areas of South Africa. This is especially in view of current concerns and protests over the failures of some local government authorities to deliver access to basic services in poor communities.

In regard to the events at Kennedy Road in late September and subsequently, it is vital to clarify if there has occurred any infringements by state or non state actors of the rights to freedom of expression or association or other human rights abuses committed against any person on the basis of their perceived or actual ethnic or cultural identity or political affiliation.

Amnesty International reiterates its call made to the authorities in October to ensure that the human rights of all residents of Kennedy Road, including those who have been displaced by the violence, are fully protected; that victims of human rights abuses have access to impartial and effective remedies and the perpetrators of those abuses are brought to justice.

END/

1 They are Simvumile Limaphi, Thokozani Mtwana, Thobuxolo Mazeka, Sibulelo Mambi, Zamandla Mazeka, Nkosisizwe Njiyela and Fundisile Nkoyi.

2 They are Khaliphile Jali, Zandisile Ngutyana, Situtu Koyi, Sicelo Mambi and Samkeliso Mkokelwa.

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Justice Delayed is Justice Denied

11 December 2009
Abahlali baseMjondolo Press Statement

Justice Delayed is Justice Denied

Today the five members of the Kennedy Thirteen who are still in detention returned to court for their 7th attempt at requesting bail. On each of the 6 previous occasions the state failed to provide any evidence against the accused and the Magistrate postponed the bail application to give the state more time to produce some evidence of their guilt. On each case the state has failed to produce this evidence at the next hearing. This has led Bishop Rubin Phillip to call this case a ‘travesty of justice‘.

Today the investigating officer and prosecutor failed to arrive at the court hearing and, once again, the Magistrate granted the state a further extension instead of throwing the case out of her court. The next bail hearing has been set down for 22 January which will be almost four months after the five were first arrested – four months in detention without any evidence of guilt being produced by the state. This is a postponement of more than six weeks till the next bail hearing. According to the law the maximum period for which a bail application can be delayed is 7 days. This is unlawful detention.

As usual there was organised intimidation from the ANC at court today. The ANC even arrived at the court with the Abahlali baseMjondolo sound system which was stolen when the movement was attacked and its office destroyed and looted on the weekend of 26th and 27th September 2009. AbM will lay a charge of theft against the ANC.

One of the Kennedy Five was assaulted in custody this week. The movement will explore all means to secure the release of the five comrades who remain in detention.

Last weekend we launched a new branch in Hillary. Our struggle continues.

For further information and comment please contact:

Zodwa Nsibande: 082 830 2707
Mazwi Nzimande: 074 222 8601

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Attacks on shackdwellers – a failure of citizenship?

Attacks on shackdwellers – a failure of citizenship?

by Michael Neocosmos in Pambazuka News

If the South African state is a democracy, Michael Neocosmos asks in Pambazuka News, how has it condoned the deployment of violence and murder on the shackdwellers movement Abahlali baseMjondolo, an organisation of the poor that has ‘engaged in peaceful protests’ and ‘advocated peaceful alternatives to the dominant politics’? At the root of the problem of the state reaction to Abahlali, Neocosmos argues, is ‘not simply a failure of democracy, but a systematic failure of citizenship and of the nation.’

The background and consequences of the recent violent destruction of the Kennedy Road organisation of the Abahlali baseMjondolo (AbM) movement of shack dwellers by a combination of gangs recruited for the purpose, police action and local and regional ANC structures needs to be analysed at some depth. The reason is that this event and the actions surrounding it by various state apparatuses have major consequences for the democracy and citizenship rights which have been painfully fought for and constructed through popular struggle in this country over many years, but particularly during the popular upsurge of the 1980s. At this stage, AbM is trying to reconstitute itself in response to the ongoing attacks on its key militants but it is not yet clear how the attacks will change the movement.

I want to attempt to make sense of how the South African state – which calls itself a democracy – could come to a situation where it could largely condone (there has been no official condemnation of the events of September-October 2009 at Kennedy Road by any state official, so we can only conclude that these actions are condoned by the state and the state party) the state deployment of violence and murder on an organisation of the poor which has systematically engaged in peaceful protests and advocated peaceful alternatives to the dominant form of politics in Durban and elsewhere.[1] This is particularly significant because the AbM have organised in the tradition of the United Democratic Front (UDF) of the 1980s by stressing an all-inclusive conception of citizenship and the nation, precisely along the lines of the Freedom Charter, which has been said to be at the core of ANC thinking on the transformation of South African society and the state.

I will do this by identifying a number of historical political sequences of nationalist politics in South Africa (SA) since the 1990s and will suggest that at the root of the problem of the state reaction to AbM has been not simply a failure of democracy, but a systematic failure of citizenship and of the nation. The sequences are defined in terms of the dominant political subjectivities/discourses at the level of the state, they do not correspond to the period in office of particular presidents although, given the power of presidents to determine the character of state discourse, it is clear that the specific presidential incumbent has had a dominant effect on its construction.

We need to start with ‘non-racialism’ as the name or signifier of a nationalist politics prevalent in the 1980s. The nation then was understood and could only be understood as an exclusively political conception not one founded on any social category of any sort. While this affirmation originated within Black Consciousness, it was developed to the fullest by the UDF and in its revival of the Freedom Charter so that it constituted a new framework for political thought.

The core of this understanding was the idea that SA belongs to all, and that the members of the nation were not to be defined by any social category but were comprised of all those who consistently fought for ‘the struggle’ irrespective of race, social background or even birth in SA. No one stopped to ask whether you were born in Lesotho and whether you were South African enough to be involved in the struggle. This purely political quality of the nation is made clear in Allan Boesak’s reminiscences in his recent book ‘Running with Horses’. His work is significant as he was a co-founder and main leader of the UDF in the 1980s. ‘The only real criterion [for membership of the UDF] was genuine commitment to the struggle’ (Boesak, 2009: 157). Freedom, democracy and justice within the nation were all purely a matter of belief and had to be practiced as the struggle unfolded in the here and now. It is clear that non-racialism required constant commitment and agency in order to be established; it was a statement of a universal politics. The foundation of the UDF provided the conditions for the universal political practice of non-racialism to be realised (this does not simply that empirically such non-racialism was uniformly adhered to); it becomes the condition of possibility of such a universal which is consequently in Badiou’s terms ‘anobjective’, an ‘incalculable emergence rather than a describable structure’ (Badiou, 2009: 26,28).

Non-racialism was not something that could be ‘delivered’ from above, and outside political agency. It could only be achieved through political action; it is in this sense that it can be maintained that the concept of the nation during this period was purely political and not social, as it existed only in thought, in the ‘faith’ or ‘belief’ of the activists engaged in such politics. The replacement of ‘non-racialism’ by ‘multiracialism’ or the ‘rainbow nation’ in the 1990s suggested the end of such a political conception of the nation and its replacement by a social understanding now propagated by the new state. This new nation could now be ‘delivered’ or ‘built’. In other words delivery implies the de-politicisation of the nation and if you like of its ‘socialisation’ or ‘objectivisation’ which can now be empirically described, analysed and measured. Such a process was not unique to the South African experience but is a common characteristic of the transition from emancipatory to state politics or from politics properly conceived as thought to the social as the objective foundation of state politics (or from a universal politics to a politics founded on interest; Fanon shows this transition in the form of one from Pan-Africanism to chauvinism for example; it can also be understood as the transition from political principles to the politics of command, opportunism and corruption, what Badiou calls the general lesson of Thermidor).

The New South Africa must be understood as beginning in 1990 and not in 1994, because in that year not only is the ANC unbanned but it enters the state and no important government decision is taken without its knowledge and involvement. Elections by universal suffrage in 1994 only legitimate the status quo compromise established over the years 1990-94 and do not inaugurate a new state form as such. In any case the government established after 1994 was a government of national unity, which allowed for a ‘transition period’ of joint control of the state by outgoing and incoming state parties and elites. The main post-1990 state political sequences can be briefly outlined as follows:

1) From 1990 to 1996: This could be named ‘the celebratory, nationalist social democratic and human rights sequence’. Its proper name is Mandela (and his Madiba shirts); it lasts until 1996 and the systematic introduction of neo-liberal thought and the dragging of the country into globalised hegemonic neo-liberal economics and politics. Until that date there had been a contradiction between statist nationalism – a ‘natural’ outcome of the previous sequence of non-racialism dominated by the UDF within a cold war developmentalist discourse – and the growing dominance of economic neo-liberalism as the New RSA was born as Bush senior’s ‘new world order’ was being established. The RDP had been an expression of a kind of statist developmentalist Keynesianism, which the erstwhile nationalism of the ‘cold war’ period had encouraged for newly independent states; it found itself overtaken by the new global hegemonic discourse of the ‘Washington consensus’ and was largely still-born. However these changes did not just concern ‘economic policy’ but much more broadly, they signalled an adherence to the building of consensus around a neo-liberal state, which it was believed could be checked through ‘civil society’ interest representation (the organisational inheritors of the UDF political tradition which were no longer seen as political or universal but simply as interest-bearing expressions of social groupings) could perform a ‘watchdog’ role and that ‘civil society’ and especially but not exclusively the COSATU (Congress of South African Trade Unions) unions – could then provide a counter-pressure to government (this provided a justification for abandoning their erstwhile popular politics associated with the UDF in the 1980s and which constituted the main reason for liberation). In this manner a non-racial, non-sexist and for some ‘non-class’ democracy could be constructed. A number of corporatist structures (the most important of which was Nedlac in its final form) were set up and these simply integrated civil society organisations into state politics as civil society itself had wished. Broadly speaking, the organisations ‘of civil society’ which begin to operate during this sequence and the next (Anti-Privatisation Forum, Treatment Action Campaign etc) whether they be NGOs or social movements locate their politics within a framework in alignment with state politics and within a problematic of delivery as they tend to be dominated by professionals and intellectuals whose politics remain within the confines of classist conceptions (Keynesian or Marxist).

This sequence saw the final killing off of the remnants of an independent politics embodied previously in the UDF and approved by the ANC; the idea of non-racialism strongly rooted in BC (see Boesak, 2009) was gradually replaced by ‘the rainbow nation’ (‘of God’ according to Tutu’s original formulation) i.e. a form of ‘multi-culturalism’ of the liberal variety which eschewed a politics of national unification in favour of a simple ‘toleration’ or ‘recognition’ of existing cultural differences which of course remain untransformed (and thus essentialised) and hence obstacles to a national construction which implies unity in diversity – the state contributed to this in its gathering of statistics as apartheid racial categories were retained in a simplified form, viz. African, White, Coloured, Indian. Moreover these given unchanging ‘cultures’ can then provide the basis for nativism as well as for racism, so that apartheid divisions become even more entrenched. Concurrently the TRC process transforms the agents of the 1980s into supplicants for state help and ultimately pardons perpetrators more than it ‘empowers’ victims. Finally, democracy during this period becomes the name given to the new state (democracy is understood as a form of state from 1994 onwards according to a number of technical features), rather than to the form of politics which had been developing among the people especially from 1984 to1986; in other words democracy is no longer understood to refer to a form of politics but to a form of state.

By 1996, although frustrated by Mandela’s unilateral assertion without discussion that GEAR (Growth, Employment and Redistribution strategy) was fundamental ANC policy, civil society had fully agreed to form part of state political subjectivity. The nationalist grievances (for which the struggle had been fought including urban needs such as jobs and houses), were now to be addressed through the consensus of the state-civil society nexus. Convinced by the arguments of the IFIs and African-American businessmen, the dominant faction of the ANC leadership fell for the idea that the market rather than the state would be the basis of freedom in RSA, that state democracy rather than state nationalism would form the basis of both state and society.

2) From 1996 to 2008, this sequence could be called the ‘sequence of elite construction’ dominated by apparently a politically neutral expert/technical statism whose proper name is Mbeki and where the contradictions in state thought (especially between state nationalism and state democracy) are not always successfully papered over let alone resolved; when democracy and African state nationalism (more and more communitarian as indigeneity is stressed as opposed to democratic nationalism) are in central contradiction within state=ANC’s=Mbeki’s thought which dominates political discourse (e.g. Zimbabwe, the Press and racism, HIV/AIDS, Nepad and African Renaissance, Affirmative Action/BEE, Native Club, ‘ultra-leftism’, etc ) and when there is a growing denialism of growing communitarianism and xenophobia resulting precisely from an emphasis on indigeneity and other forms of identity politics developing more and more in this period as a result of state-sanctioned ‘nativism’ while the rest of the African continent is simply seen as a backward place to be led and acted upon, not to be a part of.

The new bourgeoisie is only interested in stressing its ‘Africanness’ in relation to whites in South Africa, not in relation to other Africans. There is a systematic state failure to unite the people behind a conception of a national community let alone behind a pan-African vision. The pathetic attempts to do so are treated with derision, and Ubuntu even though potentially a great unifying idea, finds no real root among the popular psyche and remains an empty slogan to be distorted by commercialism (with the notable exception of a small number of Constitutional Court judgements).

At the same time there is a growing rift within different statist politics represented by neo-liberal language, through which it is expected that the market will level economic differences (through ‘trickle down’) (with the help of Affirmative Action and a Black Economic Empowerment of a totally individualistic kind); while increasing evidence of corruption and speculative deals by those with state connections on the one hand and increasing poverty undercutting the power of civil society especially unions on the other become apparent. The tide of resistance within the ANC to what are seen as the pro-capital policies of Mbeki take-off with the sacking of Zuma from his position of deputy president as a court finds him tainted by corruption and imprisons his ‘financial advisor’ Shabir Shaik. It begins in 2005, builds up through various trials in 2006 and finally comes to power within the ANC at the end 2007 at Polokwane, when Mbeki is removed from power. Throughout his trials Zuma uses Zulu ethnic ‘culture’ as part of his defence and crowds are bussed outside the courts to support him and to chant derogatory slogans against his opponents (including crass sexist ones – the silence of the feminists within the upper echelons of the ANC was deafening and practically total apart from a very small number of lower ranking women in the party). The vision of a ‘non-racist’, non-sexist’ (and as some had optimistically mentioned ‘non-class’!) democratic society gradually disappears apart from in its crude formalistic sense. In fact all vision disappears under a cloak of petty corruption and scramble for resources while the judiciary is subjected to attacks of various sorts.

The emphasis on nativism to ensure BEE deals for the most ‘previously disadvantaged’=most ‘native’ and the tying of a nationalist project to accumulation by a chosen few, rather than to a popular conception wherein all the people could be brought together to engage in more communal schemes of a national character, not only provided the conditions for increased poverty but also for an impoverished communitarian nationalism which was regularly directed against non-nationals and which finally exploded massively in May 2008. This therefore constitutes the beginning of a new sequence. During this period the establishment of local ‘community’ power structures, some based on previous ones, (street committees) others founded on the distortion of originally democratic structures (e.g. Community Policing Forums, Ward Committees and Branch Electoral Committees which are often the same thing) lead to local social relations being dominated by local power brokers who require local ANC support and networks in order to ensure the reproduction of patron-client relations and power of both political and economic kinds. In other words elections, support, community organisations, and political parties at local level all combine to form (a standard for many countries) a process of power ‘clientelism’ at local level involving councillors, police, regional and sometimes national MPs (‘slumlords’ often in alliance with local politicians) which becomes a systematic threat to the democratic expression of grievances and to popular nationalism, but which it seems is seen as the only legitimate way of conducting local politics in the eyes of the state. Allan Boesak was rightfully indignant and disgusted at Mandela’s insistence on seeing only the ‘Coloured politics’ of ethnic opportunism and ‘wheeling and dealing’ in the Cape, rather than the democratic principled alternatives which the UDF had managed to construct (op.cit.:30).

Local politics then becomes run by local mafias so that serious attempts to develop a local politics founded on basic democratic norms, constantly butts against these repressive relations with which it comes into conflict. The most important of such politics is invented by AbM and a few others who discover the need to break from the politics of corruption associated with party politics. The revolt in the ANC, which removes Mbeki at Polokwane, does not alter this state of affairs; it merely changes the actors at a higher level but not the modus operandi at the base, which the top actors need for their survival and that of the ANC in power. Popular discontent with such politics, which enables both corruption and exclusion, becomes expressed more and more in communitarian forms as, in the absence of truly democratic alternatives as in AbM which are quite rare, no other avenue for the expression of popular grievances is left open. This frustration combined with identity politics of a non-religious kind finds its expression in communitarian forms of violence, most particularly in May 2008, where foreigners are killed and expelled ostensibly for ‘economic reasons’.

This sequence saw a failure in both state provisioning – quite predictable, given the failure to address national demands for jobs and housing in a neo-liberal context – and a failure of national politics and citizenship. This has been principally a failure of the state, and particularly, but not uniquely, a failure of the ANC as the main state party.

3) The current ‘communitarian sequence’ is inaugurated within the country in May 2008 (before the elections of 2009 which brought Zuma to power) with xenophobic pogroms of African foreigners and continues with ‘community protests’ – so-called ‘service delivery’ protests, which concern political but parochial concerns of communities. Initial research shows that while clearly these protests are not simply about increasing the speed of state ‘delivery’ and more about people in poor communities being systematically ignored by the state in terms of social provisioning and material resources, they are politically contradictory. On the one hand they assert the need to be taken seriously politically, on the other their ideology seems to be dominated by narrow interest politics at best, and by identity or communitarianism and xenophobic politics at worse. The absence of consistent democratic politics in these forms of protest is quite palpable. This sequence continues and is expressed in the ethnic mobilisation against AbM in September/October 2009.

AbM is unique in its development of non-state, non-party politics at a distance from all state modes of thought and founded on a universal conception of citizenship in which the statement of the Freedom Charter that South Africa belongs to all who live in it provides the basis of an alternative universal truly democratic politics in line with those of the UDF. The name of these politics is no longer ‘non-racialism’ but a ‘living politics’, but its foundation in subjectivity remains the same. The ‘living politics’ which they espouse is a purely subjective notion founded on belief and faith, and is not reducible to any social category other than ‘the poor’. Among all the organisations ‘of civil society’ which saw the light of day during the previous sequence, AbM is the only one to have developed such a politics of the universal and has thus positioned itself beyond the pale of civil society itself.

After its destruction in Kennedy Road, the state asserted that it was an illegitimate organisation, even though it had mass support in the community and that the ANC structures the state imposed by force were legitimate. Clearly this legitimacy refers to legitimacy in the eyes of the state and not in those of the people. This is precisely why AbM can be said to exist beyond civil society. The overall result is that the democratic politics of the AbM had become a threat to the patron-client relations on which local politics is founded as well as to the state-civil society consensus around which the politics of stakeholders are deployed. AbM has managed to provide a universal conception of citizenship and the nation where the state has proved itself singularly incapable of doing so. The vision of another world in the here and now (viz the ‘all here and now’ of Boesak’s speech at the launch of the UDF in 1983) proposed by AbM has succeeded in providing leadership where the state has failed and has been quite unable to provide such a vision for the country. Not surprisingly then, the state found AbM an ideological threat in Kwazulu-Natal.

The attack on AbM amounts to an attack on a universal democratic alternative of the kind which mobilised the politics of liberation of this country, and precisely on the popular democratic traditions of the UDF type and which had been in the past embraced by the ANC. The attack on AbM also shows how ethnic slogans today can be mobilised for reactionary and repressive ends justified often by chauvinistic slogans (the democratic nation and the citizen turning into their opposite, from a universal to a narrow social category).

The attack on AbM in Kennedy Road is bound to affect politics generally in a reactionary direction, not simply because it threatens the form of state which calls itself a democracy, but also because it does so in a way that legitimises authoritarian communitarianism. It must be stressed that it was not the police that initially broke up the Kennedy road organisation and its politics, but thugs chanting ethnic chauvinist slogans. Although AbM has always been a peaceful and non-violent organisation, the violent attack on Kennedy Road was initially successfully repelled by the community; the police then came in and arrested those that had organised the resistance thus allowing the attack to then succeed and the homes of all AbM leaders to be demolished.

Of course the police have been used as agents of the interests of local powerful figures and political ‘lords’ and came in later to ensure that ‘calm returned’ in a manner which excluded AbM from Kennedy Road: i.e. by allowing the ethnic thugs to continue their rampage unhindered. This attack denotes a failure of nationalism and citizenship and not only a failure of democracy. The outcomes of these changes are such as to suggest that, in this current sequence, some people have the right to rights and others do not. In this sense, the democratic practice of popular politics which has enabled in the case of AbM the formation of a politics based purely on the subjective belief that a better world is possible and that what South Africans fought for must be taken seriously, is simply sacrificed at the altar of an apparently democratic state whose modus operandi is light years removed from what South Africans did indeed fight and die for.

In this latest sequence in SA hegemonic politics, it seems more legitimate to deploy ethnic politics than to insist on universal conceptions of citizenship and the nation – this has been exacerbated by Zuma’s coming to power and his espousal of ethnic politics evident during his various trials, but it began independently of his rise.

At the same time, there is evidence of police engaging more and more in raiding poor communities (along with an emphasis on the militarisation of the police and ‘shoot to kill’ policies by the new government ostensibly to combat crime). The idea here is no longer ‘community policing’, itself heavily compromised by its xenophobia and its control by local power brokers, but conceiving of communities as enemy territory as under colonial forms of state.

The police raid usually for a short period and the intention seems to be to instil fear into a community. They knock down doors as if they are on enemy territory, beat people up (men and women), sometimes arrest people on trumped up charges – and often simply release them a few days later as no charges have been laid. A recent example of this is the Pemary Ridge Police attacks. There is no way this can be justified as crime-fighting. It is an expression of a particular form of state politics akin to the politics of colonialism and apartheid, where a certain section of the community is considered as the enemy. Who is the enemy in this case? Recall that for the apartheid state, the liberation struggle was simply criminal, to be dealt with by a policing action. Is the enemy the urban poor? Is it the organised urban poor? Is the idea to try to force people out of their areas before the Football World Cup? On whose orders are the police acting? The fact that this is probably on the orders of local and regional politicians suggests a disastrous move towards a form of politics similar to chiefly politics in the rural areas, hence with one more similarity to communitarianism, although the political signifiers need not always be evidently ethnic.

The politics of human rights has been gradually displaced by a politics of communitarianism and by the division of the South African population into two broad groups, in which those who have the right to rights are attempting to construct a consensus founded on a state politics of systematic plunder of collective resources and oppression of the poor who have to suffer, not only economically but also by being deprived of the right to rights, and being forced against their will into patronage relations necessary for the former elites to exercise their rights.

The situation is quite simply disastrous and a major catastrophe is simply waiting to happen, as citizenship rights have been systematically eroded and people lack the medium to express their grievances. In the words of Allan Boesak’s book on which reflection is urgently required: ‘this is precisely the tragic situation our country faces today. When one strays from the path of non-racialism, one inexorably moves into the camp of ethnic nationalism. Or one is pulled in… We then begin to fear when there is nothing to fear’ (Boesak, 1990: 398).

How can a way forward begin to be thought? This question has to be answered both at the level of the state and at that of society. At the level of the state, it seems that the country is crying out for a vision, an idea as to where it is going. The original idea of a non-racial, non-sexist democratic society has simply fizzled out and the state by its total monopoly of transformation has made it impossible to involve ordinary people in such a process even though they had been involved in the 1980s. It is this enforced exclusion by the state that arguably lies at the root of recent protests, as people were given the impression that things would be different when a new ‘left-leaning’ government was in power. At the level of the state, a national dialogue is required to develop/rekindle a vision and to assert just what is and what is not permissible in terms of political behaviour. The professionalisation of the police and its independence from local power elites is crucial for this process, which otherwise would not impact on people at the base.

At the level of society, what is required is not the creation of a ‘working class party’ – such a move would only take us backward as the issue is not one of ‘taking power’ – but perhaps an umbrella organisation of popular political organisations and the development of a mass non-party politics ‘at a distance’ from state subjectivities. The issue is not so much the ‘Zanufication’ of the ANC, as Jeremy Cronin had noted with regard to Mbeki’s ANC in 2005 – although his description of authoritarian trends in the party have been largely borne out – but the fact that all party politics is statist and corrupt within the period of globalisation, where the distinction between state and market has largely collapsed.

The ‘left-right’ dichotomy that had oriented our political thinking is itself no longer useful in a period of consensual politics among state parties. The point of politics should therefore not be aimed at controlling the state, but at developing a universal politics beyond the state. AbM has recognised this and was subject to attack simply because it was small and isolated within single communities such as Kennedy Road. A much more extensive network and larger organisation (within which affiliates can operate independently within criteria applicable to all which have to be established) is clearly necessary. Moreover, in order for there to be a counter to the politics of patronage at local level, more AbMs (not ATMs!) are necessary. The politicisation of communities in this fashion would also ensure eventually a gradual understanding of the common interests of the poor and of all the population in an open society. A moral community of active citizens could thus be constructed.

A democratic state worthy of the name can only be a state which provides conditions for the independent operation of popular organisations within mutually agreed limits to be established jointly at a national conference. Leadership can only be established in dialogue with these independent organisations and the way forward must be found jointly and not imposed by state institutions and power. In the absence of this kind of process, the country will remain in perennial crisis.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* Michael Neocosmos is honorary professor in global movements at Monash University, Australia and South Africa.
* The author is grateful to Richard Pithouse for encouragement and detailed comments and suggestions on earlier drafts. He is however solely responsible for all errors and oversights in this text.
* Please send comments to editor@pambazuka.org or comment online at Pambazuka News.

REFERENCES

AbM various documents and press releases to be found on www.abahlali.org
Badiou, A. 2009 ‘Thinking the Event’ in A. Badiou and S. Zizek Philosophy in the Present, Cambridge: Polity Press.
Boesak, A, 2009 Running with Horses: reflections of an accidental politician, Cape Town: Joho Press.
Gibson, N and Patel, R 2009 ‘Democracy’s everyday death: South Africa’s quiet coup’ Pambazuka News, Issue 451.

NOTES

[1] On the recent events at Kennnedy Road, see Nigel Gibson and Raj Patel ‘Democracy’s everyday death: South Africa’s quiet coup’, Pambazuka News, 2009-10-08, Issue 451

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A Report on AbM & the Kennedy Road Settlement

Click here to read an annotated version of this report in word.

Experiences of Abahlali baseMjondolo and the Kennedy Road Settlement, Durban, South Africa: A report for the Development Planning Unit of University College London

by Malavika Vartak

Introduction

South Africa’s apartheid past has had a deep and enduring impact on housing, more so in the case of poorer communities. Colonial and later the apartheid era laws including the infamous Group Areas Act of 1950 ensured that housing was strictly along racial lines and attempted to confine communities to race-based zones. Segregation laws and policies thus led to large-scale evictions in the urban areas pushing black African communities to poorly serviced townships on the peripheries of cities. African workers engaged in the growing manufacturing sector in cities were only allowed to live in barracks, hostels or servants’ quarters. Despite numerous efforts by the apartheid government, demands of industrialisation combined with acute poverty and unemployment in the rural areas led to increasing rural to urban migration and the creation of shack settlements. In the absence of a comprehensive social housing programme, shortage in housing stock continued to grow. At the end of the apartheid era in 1994, shortage in urban housing was estimated at 1.5 million, with an increase of 178 000 households per year.1 In an attempt to remedy this crisis situation successive governments from 1994 pronounced plans to undertake large-scale social housing construction programmes. Simultaneously the state also undertook legal reform recognising, among other human rights, the right to adequate housing and providing protection from arbitrary and forced eviction.

Sections 26 of the South African Constitution states that:
(1) Everyone has the right to have access to adequate housing;
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right;
(3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Additionally, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (PIE Act) was enacted to provide procedural safeguards to those living in informal settlements and therefore vulnerable to evictions. Protection provided by the PIE Act applies to all occupiers of land without ‘the express or tacit consent of the owner or the person in charge’ and requires that all such evictions are authorised by an order of the court and must include ‘written and effective notice’ of the eviction proceedings on the unlawful occupier and the local municipality not less than 14 days before a court hearing of the eviction proceedings. This notice must set out the grounds on which the eviction is being sought, as well as the date and time at which the eviction proceedings will be heard. It must also inform the unlawful occupier of her right to appear before the court, defend the case, or apply for legal aid. Further, as per the Act, the court must take into account the particular needs and rights of vulnerable groups of unlawful occupiers including the elderly, children, women headed-household and persons with disabilities.

In 2004 the South African cabinet approved “Breaking New Ground: A Comprehensive Plan for the Development of Sustainable Human Settlements” (BNG). The BNG policy seeks to address various problems associated with the previous social housing programme, which included a slow down in delivery, peripheral location of housing which conformed to apartheid segregation, and the absence of simultaneous development of transport and other infrastructure at relocation sites.2 To rectify these and many other shortcomings of the earlier programmes, BNG includes plans to integrate peripheral housing developments into cities as well as to ensure that future housing development occurs on well-located land. The policy also acknowledges that current inhabitants of areas undergoing urban renewal “are often excluded as a result of the construction of dwelling units that they cannot afford” and attempts to address this by encouraging the development of social housing (affordable rental housing), while also increasing affordability, or ‘effective demand,’ through new housing finance initiatives.3

As noted in BNG, “The acquisition of land to enhance the location of human settlements constitutes a fundamental and decisive intervention in the Apartheid human space economy.”4 It put in place a number of practical measures to achieve this. These included plans to achieve the integration of peripheral housing developments into cities, and plans to ensure that future housing developments were on well located land through the transfer of state land and provision for acquisition of land from private individuals at market value. It also sought to introduce policy mechanisms to promote the densification of urban areas.

Despite legal protection against forced evictions and progressive policy pronouncements, the urban and rural poor across South Africa continue to face forced eviction from their homes and lands. As pressure on land increases and municipal authorities strive to attain ‘world class’ status, several municipalities in South Africa have engaged in acts of illegal eviction without following due process. Mahendra Chetty, Director of the Durban Office of the Legal Resources Centre, noted in 2007 that he had not come across a single incident where the municipality had acted in accordance with the Constitution or provisions of the PIE Act while carrying out an eviction. “There is not one instance that we know of where the City has evicted with a court order. The City, as a matter of regular and consistent practice, acts in flagrant breach of the law… A recurrent theme with these evictions is the simple callousness with which they are carried out. They are carried out in an extremely authoritarian and high handed manner against the most vulnerable people in our society – poor black women, old people and the unemployed”.5

In such circumstances, Abahlali baseMjondolo (AbM), a shack dwellers’ movement in Durban has contributed tremendously to the protection of the right to adequate housing by mobilising shack dwellers to resist and challenge forced evictions and insist on in-situ upgrading of their areas as the only acceptable solution. While resisting evictions that are carried out through coercive measures and sometimes at gun-point, AbM activists have been at the receiving end of several violent attacks. The latest attack on AbM in Kennedy Road settlement in September 2009 is a cruel reminder of the politics of power and the ferocity of the establishment. At the same time, the value of movements like AbM is highlighted now more than ever before – especially if democracy is to be given a chance in South Africa.

Kennedy Road Informal Settlement, Durban

As the second largest city in the country, Durban in Kwazulu Natal province has attracted migrant labour from different parts of South Africa. Lacking adequate social housing strategies, by the 1980s Durban and the area around the city was home to hundreds of shack settlements. These settlements reflected a new mobility for many men and women from the countryside many of whom had migrated from the Eastern Cape, rural Kwazulu Natal, and the Natal Midlands. While some were fleeing racial violence others were attracted to these settlements by the promise of access to essential services and opportunities for improving living conditions.6 Today, Durban is home to almost 3.5 million people. According to S’bu Zikode, President of AbM, of these, almost 800,000 live in substandard and inadequate housing.7

In 2001 the newly established eThekwini Municipal Council for the Durban area launched its Slum Clearance Project. The project involved clearance of slums and relocation of shack dwellers to houses constructed in greenfield developments (developments on new sites invariably on the out skirts of the city) under the National Housing Subsidy Scheme. In-situ upgrading of informal settlements was to be undertaken only in a few cases.8 The eThekwini Municipal Council also declared that by 2010 (later pushed forward to 2014), Durban would be a ‘shack-free’ city. In this context, although the Slum Clearance Project has been promoted as an opportunity to fast-track subsidised housing construction for Durban’s shack dwellers, many shack dwellers are concerned that similar to slum clearance in the apartheid era, the slum clearance project too will result in pushing shack dwellers to the margins of the city, far away from basic services and job opportunities. Lindela Figlan, Vice President of Abahlali baseMjondolo points out, with an average income of R600 per month, if relocated to Verulam, one of the proposed relocation sites approximately 20 kilometers from the city centre, “most of the earnings would be spent on transport and people would bring hardly anything home.9

As COHRE’s 2008 report observes, the rhetoric of slum eradication has had at least four negative impacts on the lives of shack dwellers in Durban. Informal settlements are now increasingly perceived as essentially temporary and therefore there is no substantive investment in improving living conditions; any complaints from shack dwellers regarding living conditions are not dealt with seriousness as the shacks are soon to be eradicated; the rush to meet the 2014 deadline has meant that relocation is often conducted without regard for due process including consultations with affected persons; and slum clearance is increasingly understood as merely the removal of shacks rather than the realisation of the right to adequate housing.10 As a result, not only has there been a policy decision to stop all further electrification of informal settlements in Durban but also municipal authorities regularly demolish any new shacks or any extensions to old shacks without proper notice let alone a court order. Further, in-situ upgrading as it is often undertaken without adequately consulting people and taking into account their particular needs has also resulted in evictions and homelessness. In the words of S’bu Zikode, “The ambition to attain world class status has in fact encouraged City authorities to engage in illegal evictions.”11

The Kennedy Road Informal Settlement is one of the numerous shack settlements in and around Durban and is home to 10,000 people or 2600 working families.12 Most of Kennedy Road’s residents are engaged in the informal sector and work in shops, markets, building construction sites and as domestic labour. Others run shebeen (liquor) or spaza (small convenience) shops in the settlement. Kennedy Road settlement is located within Clare Estate, a predominantly Indian middle class area complete with shopping centres and high-rise buildings. As pointed out by AbM activists from Kennedy Road, the location of the settlement is central to the lives and livelihoods of its residents. Basic necessities like schools, clinics and a railway station essential for commuting to places of work, are a short walk from the settlement. Kennedy Road is close to sources of employment such as the Springfield Industrial Area. Additionally, middleclass homes in Clare Estates also provide employment to a large proportion of women from the settlement who work in these homes as domestic labour. In the words of Zodwa Nsibande General Secretary of the Abahlali baseMjondolo Youth League, “we rely on middleclass people for work. Although they don’t pay much, it at least helps us put food on the table”.13

Abahlali baseMjondolo: A brief background

Kennedy Road settlement has the distinction of being the birthplace of one of South Africa’s strongest and most vocal people’s movements. Abahlali baseMjondolo which could be translated from isiZulu to mean shack dwellers or residents of shacks was formed in 2005 in Kennedy Road as a result of rising frustration due to a series of broken promises by the local authorities.

At the time of formation, Kennedy Road residents, through their elected Kennedy Road Development Committee (KRDC) had been trying to draw the attention of various municipal authorities to their dismal living conditions and lack of adequate services. Kennedy Road like several other shack settlements across South Africa had poor living conditions with respect to overcrowding, water and sanitation. In February 2005 The KRDC had a successful meeting with the Director of Housing of eThekwini Municipality and the Ward Councilor. The municipality promised Kennedy Road residents a vacant piece of land in Elf Road within the Clare Estate area. However, a month later, residents noticed bulldozers on the land promised to them for housing and soon found out that the land was in fact given for the construction of a brick factory.14

Frustration at yet another false promise led to a spontaneous protest where over 700 people blocked the Umgeni road for four hours on 21st March 2005. Police used tear gas and rubber bullets to dispel the protestors and 14 protestors were arrested on charges of public violence.15 Following this, around 1200 people marched on the nearby Sydenham police station where the 14 were held. They demanded the release of the 14 or then asked to be arrested too. The march was met with increased violence, the use of tear gas and dogs. Ten days of prison and court appearances later, the Kennedy Road 14 were freed.16 Intense mobilisation followed, leading to the birth of Abahlali baseMjondolo.

As the AbM website documents, “The movement that began with the road blockade grew quickly and now includes tens of thousands of people from more than 30 settlements. In the last year and a half the movement has suffered more than a hundred arrests, regular police assault and ongoing death threats and other forms of intimidation from local party goons. It has developed a sustained voice for shack dwellers in subaltern and elite publics and occupied and marched on the offices of local councillors, police stations, municipal offices, newspaper offices and the City Hall in actions that have put thousands of people on the streets. The movement also organised a highly contentious but very successful boycott of the March 2006 local government elections under the slogan ‘No Land, No House, No Vote’. Amongst other victories the Abahlali have democratised the governance of many settlements, stopped evictions in a number of settlements, won acces to schools, stopped the industrial development of the land promised to Kennedy Road, forced numerous government officials, offices and projects to ‘come down to the people’ and mounted vigorous challenges to the uncritical assumption of a right to lead the local struggles of the poor in the name of a privileged access to the ‘global’ (i.e Northern donors, academics and NGOs) that remains typical of most of the NGO based left. The movement’s key demand is for ‘Land & Housing in the City’ but it has also successfully politicised and fought for an end to forced removals and for access to education and the provision of water, electricity, sanitation, health care and refuse removal as well as bottom up popular democracy. In some settlements the movement has also successfully set up projects like crèches, gardens, sewing collectives, support for people living with and orphaned by AIDS and so on. It has also organised a 16 team football league and quarterly all night multi genre music competitions.”17

Committed to democratic values and principles, AbM elects its leadership on a yearly basis through a process of secret ballot. This format applies not only to the movement as a whole but also its various components like the Women’s League, the Youth League and local AbM committees. Speaking of the organisation of AbM and decision making within the movement, Lindela Figlan says “We believe in real democracy and we do not discriminate against anyone. We believe that even our children can make meaningful inputs. Decisions to take a particular action are only made after the membership is given full information about the incident and asked for their inputs.”18 In situations where technical expertise maybe required, AbM invites supporters from academia and other sectors for their inputs. AbM membership, however, always make the final decision on the way forward.

AbM’s operates based on the understanding that many of the problems that they face in their day-to-day lives whether they are to do with housing, sanitation or shack fires are not necessarily technical but political. The movement’s approach is therefore to address the issues politically while remaining committed to working within the parameters of the law and the Constitution. While legal interventions are viewed as the last option, there is also an understanding that legal remedies need to be pursued in a conducive environment and therefore public education must go hand in hand with legal intervention. Thus as Zodwa Nsibande says, “in order to support our legal action we go to the streets and demonstrate and show the establishment that the power is with the people.”19

AbM remains wary of both political parties and NGOs who may have agendas different from those that the movement has espoused. Taking a clear stand of not affiliating with any political party, S’Bu Zikode says “political parties have a role to play but we should also be given a chance to play our role”. Similarly Lindela Figlan categorically states “we don’t work with NGOs who think that they can think and plan for us. As Abahlali we are free to say what we want.”20

Over the last four years since its inception, AbM has taken up several issues concerning including improved living conditions and freedom from fear of forced evictions. Their work has ensured that the poor can no longer be invisibilised by the rhetoric of development.

Living Conditions in Kennedy Road

Living conditions in Kennedy Road settlement, like those in several other informal settlements in Durban are poor to say the least. “Animals are better off”, says Lindela Figlan when describing the quality of life in informal settlements.21 Basic services like electricity, water and sanitation are found to be severely lacking in the settlement thus putting the health and lives of residents at serious risk.

For the 10,000 residents at Kennedy Road, there are five water standpipes providing potable water leading to long queues and many hours spent in collecting water. As the responsibility for ensuring the adequate availability of water for the family often rests with women, the lack of adequate sources of potable water is a huge burden on the women of the settlement. Sanitation is also severely lacking. Initially there were only 6 toilets for the entire settlement and it was only after Abahlali activists petitioned and fought for better services that more toilets were installed and the settlement now has 112 toilets. However, the toilets remain insufficient, and as Zodwa Nsibande points out “many are forced to go out into the bush and women and children are sometimes attacked and even raped.”22

Closely linked with water and sanitation is the issue of refuse collection and solid waste management. Although municipal authorities are required to collect garbage on a weekly basis, according to Kennedy Road residents, they rarely enter the settlement due to the lack of proper access roads. The absence of solid waste management not only results in increasing the incidence of disease in the settlement but has also led to the increase of rats. In 2008 three children were bitten by rats in the settlement and in January 2008 a four month old baby died due to rat bite. While the municipal authorities blamed this on the garbage dump in the vicinity, AbM activists pointed out that rats were a menace in all informal settlements and the problem arose because municipal authorities did not collect domestic garbage from shack settlements.23

Access to electricity is also severely lacking in the settlement. As electrification of shacks settlements was discontinued since the launch of the Slum Clearance Project in 2001, only about 40% of the Kennedy Road residents have access to electricity, many of these are ‘self-connections’ or informal connections. The lack of electricity in the settlements has forced many residents to use candles and paraffin lamps, leading to the regular occurrence of shack fires. Shack fires in Kennedy Road have claimed several lives including those of children and the elderly and have destroyed many more homes. The problem is made worse by the fact that emergency services are unable to reach the inner areas of the settlement due to the lack of proper access roads. In several settlements in Durban including Kennedy Road, shack fires and the destruction of homes has been used by the municipality to effect evictions by not allowing people to re-build their homes. In one case, Kennedy Road residents had just begun to clear the debris to rebuild their shacks when members of the Land Invasion Unit along with armed guards and bulldozers tore down their homes. The municipal authorities wanted to move the fire-affected residents to transit camps away from Kennedy Road, however, when the residents refused to move and insisted on re-building where their shacks once stood, the authorities finally conceded and provided them with building material.24 While the municipality seems to have accepted (due to pressure from Abahlali activists) that rebuilding on the original site is the best way forward for families affected by shack fires, it remains to be seen whether the same support will be extended to fire-affected families in other settlements.

In Zodwa Nsibande’s words, “living conditions are really bad – we are still living like we were in the apartheid era.”25

Combating Evictions

According to the Abahlali activists interviewed, Kennedy Road Settlement was established in the early 1980s on land given to 43 families by Mr. Jordan, a member of the Durban Municipal Corporation. The land was given free of charge with the advise to not sell it nor allow anyone to evict them from it. As S’bu Zikode points out, “it sounds like he [Mr. Jordan] knew that with the passing of time, a lot of people would want this land”. It is possibly for this very reason that despite almost 30 years since establishment, Kennedy Road residents lack security of tenure and therefore have faced several attempts at forced evictions by the local municipal authorities.

Despite proclamations by the government in 1994 to take steps to remedy human rights violations committed by the apartheid state, many South Africans continue to be subjected to human rights violations including violations of the right to adequate housing. Forced evictions systematically carried out by the apartheid governments continue even today. As Zodwa Nsibande recounts, “from 2004 there were many threats of evictions. The local elections were coming up in 2006 and the municipality was threatening to relocate us to far-off Verulam. This was also the time when Abahlali baseMjondolo was growing as a movement and 2005 had been declared as the Year of Action by the Kennedy Road Development Committee”.26

The Year of Action included various forms of protests and direct actions to resolve the issue of eviction and have the municipal authorities listen to the demands of the people. Some of the notable marches organised at this time included the blockading of a six lane free way that ran through the city on 19th March 2005 and a 5000 strong march against Councilor Yacoob Baig to demand an end to the threat of evictions, the provision of land, housing and toilets and the resignation of the Councilor.27 Doubtless these protest actions as well as others were met with a severe response including violence and arrests of several activists.

The pressure to ‘clear’ slums has often come from wealthier settlements in the surrounding areas as they fear that the presence of shack settlements in the area will bring down property prices. As Lindela Figlan says, “It is our neighbours who ask the municipality to evict us. They suspect us to be criminals. If there are shacks close to houses no one would want to buy the houses. That is why they put pressure on the municipality to evict us”28 However, the official reason given for the eviction is quite different. According to S’bu Zikode, the municipality has tried to carry out the eviction on the pretext of health and safety concerns. “Kennedy Road residents have been given a number of excuses on why they need to be relocated including that the land is prone to landslides, that there is gas emanating from the land and that the land is unstable. We found out later that these were all merely excuses to evict us.”29

After several protests, arrests, and incidence of violence on the part of the state authorities, in 2007 Abahlali baseMjondolo and the City began negotiations to upgrade Kennedy Road and other settlements in Durban with the help of Project Preparation Trust. So far, AbM activists had been treated like criminals, to bring the municipal authorities to the negotiating table was testament to the movement’s growing popularity.

Several intense rounds of negotiations later, on 9th February 2009 Abahlali baseMjondolo and the eThekwini municipality drew up a Memorandum of Understanding which agrees to in-situ upgrading for Kennedy Road along with two other settlements and the provision of basic services to 14 other settlements affiliated with the with movement. Also known as the Abhalali Settlement Plan, the agreement commits the municipality to carry out in-situ upgrading in adherence with the provisions and principles of the 2004 Breaking New Ground Policy. “It is not possible to accommodate all Kennedy Road residents in the new plan for upgrading the settlement” says S’bu Zikode. “As a result, priority has been given to the first 43 families or ‘senior citizens’ who settled in Kennedy Road in the early 1980s. The decision about who will stay and who will be relocated has been a collective one, based on the particular needs of the remaining families. Unlike previously, those relocated will be given houses in the nearby, mixed income development called Cornubia located adjacent o the wealthy suburb of Umhlanga. We are expecting construction to start by January 2010”30 S’bu Zikode also points out that the plan also commits municipal authorities to provide all interim basic services while the upgrade is ongoing. “People must not die from lack of services while waiting for houses”.31

The Abahlali Settlement Plan has been a high point in the journey that AbM activists embarked on in 2005. From being criminalised for raising their voices and demanding their rights they have successfully negotiated a deal with the municipality which essentially recognises their rights as South African citizens and accords them the life of dignity that they have been fighting for. AbM has been able to ensure that they will be consulted at every stage of the project. Pointing to lack of proper consultation as the key cause of failure of several projects, Lindela Figlan opines, “we have a mind and we have eyes and therefore we must be consulted. We need to see that the government is trying their best to find alternatives for us. If convinced, we will accept what the government proposes”.32

As Richard Pithouse, an Abahlali supporter and academic from Durban puts it, “If it is properly implemented this deal will mark considerable progress in Durban including a decisive break with the spatial logic of apartheid (the settlements to be upgraded are in the inner suburban core), an acknowledgment that settlements need services and that development is not an all or nothing once off event limited to ‘delivering housing opportunities’, a recognition that development can be a collaborative process between communities and the state and, also, a recognition that shack dwellers have the right to
organise outside of party structures.”33

Victory in the Constitutional Court

Abahlali baseMjondolo have recently also successfully challenged attempts by the Kwazulu Natal legislature to introduce some draconian and anti-poor measures through the Prevention and Re-emergence of Slums Act of 2007.

Abahlali baseMjondolo first critiqued the legislation when it was introduced as a bill in October 2006. Reminiscent of apartheid era legislation, the Act gave landowners the right to evict persons who were illegally occupying their land. According to Marie Huchzermeyer, “…the KwaZulu-Natal legislature has approved legislation that, while mentioning the progressive realisation of the right to housing in passing, introduces draconian measures to remove the phenomenon of informality from the urban landscape and to prevent it from re-emerging in any possible form. Owners of informally occupied land are mandated to institute evictions within a period stipulated by the municipality, and owners of vacant land are mandated to prevent informal occupation through measures such as fencing off areas and posting security guards.”34

The UN Special Rapporteur after his mission to South Africa in 2007 also raised several concerns regarding the Slums Act including that the Act did not obligate the authorities to look into the housing support available for evictees and that it did not provide for any requirement of consultation with the affected persons prior to eviction. Noting that there may have been a misunderstanding on the implementation of international commitments like the Millennium Development Goals leading to a focus on slum eradication rather than improving the lives of slum dwellers, the Special Rapporteur advised the authorities to re-examine the Slums Act in light of South Africa’s domestic and international human rights obligations.35

The complete ban on new shacks introduced by this Act not only ensured that a large number of the urban poor would have to remain homeless till the state caught up with the huge housing backlog but it also put the burden on those already living in cramped and over crowded spaces to accommodate those without homes. COHRE’s 2008 report records such situations as seen in the Siyathuthuka settlement, where 50 families made homeless by the implementation of the Slums Act were now living in their neighbour’s overcrowded shacks. The shack demolitions in this case had been carried out against persons who had been living in the area for 8 years, without due process or a court order.36

When the legislation was passed despite concerns from several different quarters, AbM with the help of the Johannesburg based Centre for Applied Legal Studies challenged the constitutionality of the Slums Act in the Durban High Court in 2008. The day after the movement announced that they would be challenging the Slums Act in court, Kennedy Road witnessed a mass disconnection drive by the of the municipal authorities. Municipal authorities, resorting to their usual strong-arm tactics arrived along with heavily armed members of the South African Police Service and a dog unit started disconnecting electricity from one end of the settlement without warning or explanation. Approximately 300 connections were removed in a single day.37

Judge President Vuka Tshabalala of the Durban High Court did not rule in favour of AbM. Declaring that he found the Act to be fair, the Judge President opined that the act would make things more orderly and should be given in chance.38 As S’bu Zikode announced soon after the Durban High Court hearings, AbM appealed against the verdict and the case was ultimately decided on 14 October 2009 in South Africa’s Constitutional Court.

The Court in a majority judgement decided that section 16 of the Prevention and Re-emergence of Slums Act of 2007, which authorized a Member of the Executive Council of the province to publish a notice in the provincial gazette determining a period within which an owner or person in charge of the land unlawfully occupied must institute proceedings to evict the occupiers under the PIE Act. If he fails to do so the municipality must bring proceedings to evict the occupier, was unconstitutional and therefore struck it down.

The Constitutional Court judgement not only confirmed concerns about the Act raised by AbM activists through their various petitions, marches and legal intervention but has strengthened protection from forced eviction for millions of South Africa’s shack dwellers. It has also once again shown that a movement comprised of and led by shack dwellers has the capacity to hold governments accountable by working within the parameters of the law.
Abahlali under Attack

The power of a shack dwellers movement to challenge not just their local authorities but also the provincial and national government has also led to efforts to de-legitimise and de-stabilise the movement including violent attacks on individual leaders. AbM activists have often been attacked individually and collectively and aspersions and accusations of being the ‘Third Force’ have often been leveled against the movement.39 In 2008 Mzonke Poni of AbM in the Western Cape and S’bu Zikode in Kwazulu Natal were violently attacked within days of each other by well-equipped groups of men. AbM activists do not believe that these attacks were isolated incidents or a mere coincidence but have been a part of the strategy adopted by political parties to undermine the movement.

Most recently on 26th September 2009, at 11:30 p.m. a group of about 40 men heavily armed with guns, bush knives and a sword attacked a meeting of the Kennedy Road Development Committee (KRDC) in the Kennedy Road community hall.The AbM Youth League was holding an all night camp for the Youth League nearby. The armed men intimidated and threatened people at the camp and went on to find specific AbM activists in the settlement. Lindela Figlan narrowly escaped death as he hid in his house, which had been padlocked from the outside. While recounting the horrors of the 26th nights Lindela Figlan said “they had planned it on the 24th. I was warned that someone was going to kill me but I thought it was a joke. Later one man and three girls also told me not be in the settlement. On the 26th night the attackers came to my door and started violently banging. I was inside the house but when they saw that it was padlocked from the outside they left saying that the Pondo is not here.”40

Many others like S’bu Zikode had to flee in order to save their lives and remain in hiding till today. Two people were killed in the attacks. The attackers, giving the impression of ethnic conflict were reportedly shouting that the AmaMpondo are taking over Kennedy Road Settlement and that the settlement was actually meant for the AmaZulu.41 However, the reality is that only the shacks of AbM office bearers were targeted and attacked. It was clear that behind the façade of a spontaneous ethnic conflict lay a plan to target AbM. When Kennedy Road residents called the near-by Sydenham police station for help, they were told that the police could not come right away as there were no vans available. According to AbM, when the police did arrive eventually, they collected a few statements from the attackers and arrested six members of the KRDC most of whom are AbM activists. The attackers continue to roam free.

In the opinion of those interviewed, it was clear that the police were acting upon the orders of their superiors and politicians. AbM activists believe that the attacks were instigated by local African National Congress (ANC) leadership who have been intent on de-stabilising the movement in order to reverse its numerous achievements and growing popularity among South Africa’s urban poor. S’bu Zikode when speaking of the attacks said “We are not surprised by the attacks. AbM has challenged the local, provincial and national governments; has exposed the ANC with regard to corruption and misallocation of housing. AbM has been able to protect our Constitution from invasion and this has made the ANC very angry. The ANC are trying to show that there is no local leadership in Kennedy Road and that the settlement is ungovernable. It also does not surprise us that two days after the attacks when two people were left dead, the local ANC leadership visited Kennedy Road and elected a new KRDC.”42

Although the violence has ended, the atmosphere remains tense. Many AbM leaders like S’bu Zikode and Lindela Figlan are in hiding, unable to return to a life of normalcy. As S’bu said, “Today I am a refugee in my own country, my own province, my own city and my own neighbourhood.”43

Conclusion

Despite the recent attacks and attempts by those in power to scatter the movement, Abahlali baseMjondolo remains a shining example of the power of the people when organised to challenge and hold accountable governments at various levels through democratic means. “People need to first identify and then organise themselves if they want to challenge those in power and protect their human rights” says S’bu Zikode.44

The movement, through a multi-pronged approach of public education, public protest, strategic use of the media and legal remedies has successfully given voice to South Africa’s shack dwellers. While discussing future plans AbM activists speak about organizing workshops for communities in differing circumstances on legal remedies and the on ways in which the Constitution can be used to protect human rights. Forging alliances through the Poor People’s Alliance a platform for a variety of people’s movements like the Western Cape Anti-Eviction Campaign, Landless People’s Movement, and the Rural Network (Abahlali baseplasini), AbM has ensured that their struggle is not limited to housing for shack dwellers alone but for respect and dignity for poor people in South Africa. As S’bu Zikode points out, “We have seen in certain cases in South Africa where governments have handed out houses simply to silence the poor. This is not acceptable to us. Abahalali’s struggle is beyond housing. We fight for respect and dignity. If houses are given to silence the poor then those houses are not acceptable to us”.45

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All We Want is Justice

Click here to read this statement in French.

30 November 2009
Abahlali baseMjondolo Press Statement

All We Want is Justice

The Kennedy Thirteen were back at court on Friday for their 6th attempt at requesting bail. After two months in detention all charges were dropped against one of the thirteen, six were given bail and the other five were remanded in custody to give the police one more chance to bring some evidence against them to the court. The next court date has been set for 11 December 2009. This will be the 7th opportunity given to the police to provide some evidence of guilt.

As usual Jackson Gumede and Yakoob Baig were at the court and openly advising the prosecution. Gumede is the chairperson of the Branch Executive Committee of the ANC in Ward 25 and the man who seized control of the Kennedy Road settlement on 27th September 2009. Baig is the ANC Councillor for Ward 25 who said that ‘harmony’ had been restored after the attack on AbM. He was also at the settlement on 27th September and they both stood by while the homes of the Kennedy Road Development Committee and well known Abahlali baseMjondolo members were systematically demolished. Since the ANC seized control of the settlement extreme intimidation has continued in the settlement, including death threats and threats to demolish more people’s homes. In fact another home was demolished yesterday, on Sunday 30 November. It is a crime to threaten to kill people if they are suspected of not supporting your political party. It is also a crime to demolish someone’s house if they are suspected of not supporting your political party. But these crimes are not investigated. No one is arrested. It is clear that these crimes are carried out with the full support of the local police and the local ANC. Baig and Gumede are, at the very least, complicit with the ongoing and criminal political intimidation in the Kennedy Road settlement. Yet they are able to advise the prosecution. It is clear that the police and the court are there for the ANC and not for the people.

The magistrate said that there would be an investigation as to whether there was an Abahlali meeting before the attack. She made it sound like holding a meeting would be a clear sign of guilt. But of course there was an Abahlali meeting! It was the Abahlali Youth League Camp that was attacked! Will all of us who were at that meeting now qualify to be arrested? Holding meetings is not a crime. It is attacking meetings that is a crime!

We held the Youth League Camp on 26th September to talk about our needs and our own struggle – nothing else. When the camp was attacked we didn’t know why we were being attacked. We didn’t know who was attacking us. The attack was a total surprise and a total shock. All that we knew was that the attackers were saying that they were going to drive the AmamPondo out of the settlement and that they were going to kill the Abahlali leaders.

The police did not come when we called them. When they did come we were so shocked to see that our own comrades were arrested and not the attackers. Then the ANC politicians came to the settlement. They celebrated the attack. They did nothing to stop the demolition of our member’s houses. Willies Mchunu said that ‘Kennedy Road’ had been liberated. It became very clear who our attackers were.

When we went to court to support our comrades there was no doubt as to who had attacked us. The ANC were there with their flag and in their t-shirts to demand that our comrades be denied bail. Everything was clear.

On that first bail hearing we went to court wearing our full Abahlali uniform. We were stopped at the gate. The securities said that they would only accept 10 people in red shirts to enter the court.

So we had a meeting and delegated ten comrades to go inside the court. When they went inside they found that the court was packed with ANC supporters in their t-shirts. When Councillor Yakoob Baig walked into the court he went straight to the state prosecutor. The prosecutor spoke to the police and then the police came straight to our ten comrades in their red shirts and said that the court was too crowded and that they must leave. That was when we realised that the ANC was not only attacking us with drunk men with guns and knives – they were also going to attack us with the court. Every time when we are going to court they are saying that we who are wearing red shirts can’t go inside but that those who are wearing ANC shirts can move freely.

We came with the strategy of not wearing red shirts but we found that the court was still not fair. Even while the court was in session the ANC supporters were shouting, chanting slogans and even swearing. When the Kennedy Thirteen were being brought in and out of the cells the ANC supporters were standing up insulting, intimidating and trying to assault them. Comrade Sam from Arnett Drive and Mama Ngongoma from Siyanda were physically assaulted in the court. The police did nothing. The magistrate said nothing. Everyone knows that you have to be silent in court. If you talk or your phone rings you are immediately made to leave. Those are the rules by which we must respect the court. But the ANC could do what they liked and no action was taken against them.

The ANC supporters would wait for us outside the court and insult, intimidate and threaten to attack us. The police would not defend us. Roland Vernon from Diakonia intervened to defend us despite insults, intimidation and threats to him. The ANC supporters openly say that the ANC instructed them to kill S’bu Zikode and that they will kill him. They have also threatened many other people with death at the court.

According to our understanding a court, any court, must be neutral. But this court is 100% ANC.

From our understanding everyone has the right to be charged within 48 hours if they are arrested but the Kennedy Thirteen spent two months in prison with no clear charge. Even the magistrate said that she only knew the charges on Friday, the 27th of November.

In fact the magistrate only found out who the Kennedy Thirteen really were on Friday. When the Kennedy Thirteen were arrested the ANC said that they were all members of the Safety & Security Committee (they called it ‘the forum’). At the last hearing even the magistrate was saying that most of our comrades are not coming from the Safety & Security. In fact it is only two who are coming from the Safety – the rest are all Abahlali members.

Yakoob Baig and Willies Mchunu submitted letters to the court asking for bail to be denied. S’bu Zikode wrote a letter in response saying that he knows the thirteen and their role in the community, that they are not dangerous and asking for bail to be granted. The prosecution said that Zikode’s letter must not count because he is no longer a leader. The magistrate repeated this saying that Zikode is no longer President of the Poor because he is no longer living in Kennedy Road. She said nothing about why he had to leave Kennedy Road, why his house was demolished or why he still can’t appear in public in Durban. We want to make it clear that we are poor people and that Zikode is our president.

We as organised shackdwellers want the remaining five comrades to be released. They have been to court six times and the police have failed to bring any evidence against them and to make any case against them. It is not right to detain people when there is no evidence against them.

The Kennedy Thirteen were not treated right in prison. Even their visitors were treated badly. The prison guards would make us wait for hours and hours to see them and then they would only let us see them for two minutes. There wasn’t even time to say Sawubona. You just had to throw the food in the cell and then go. We are worried about how the remaining five will be treated in prison. We are worried about their families.

We want a proper investigation – an investigation that is neutral, that only has the purpose of searching for the truth. We will reject any investigation that is an ANC investigation that only has the purpose of sending the organised poor back to the dark corners of our country – back to silence, back to weakness, back to rule by councillors, back to evictions, back to transit camps, back to rural areas, back to darkness, back to wasting our lives in water queues, back to fires, back to development organised through the barrel of a gun and not negotiation.

After another of our comrades had his home in Kennedy Road destroyed in bright sunlight yesterday we went to the police and we insisted that we must be allowed to lay a charge. For two months the police have not allowed us to lay charges in response to the Kennedy Road attacks and the destruction and looting of homes that followed the attack. But S’bu Zikode has now succeeded in opening a case into the destruction of his home. It is case number: 380/11/2009 Abahlali baseMjondolo has been very encouraged that an officer from the Inanda police station will be investigating this case and others who have lost their homes will be encouraged to also try to lay charges. We invite the media to monitor the investigation of this case. We all need to educate ourselves about the political realities of our country.

All we want is justice.

For further information and comment please contact:

Mama Mkhize 076 579 6198 (isiZulu)
Mazwi Nzimande 074 222 8601 (English/isiZulu)
Mama Nxumalo 076 333 9386 (isiZulu)

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Olwasemijondolo lungenelelwe yiBandla lamaSheshi

http://www.isolezwe.co.za/index.php?fArticleId=5266707

Olwasemijondolo lungenelelwe yiBandla lamaSheshi

November 30, 2009 Edition 1

CELANI SIKHAKHANE

ABEBANDLA lamaSheshi KwaZulu-Natal bathi bazosungula uphenyo oluzimele ngezigameko zokuhlaselwa kwabahlali basemijondolo yakuKennedy Road.

Leli bandla likusho lokhu ngemuva kokuzwakalisa ukunganeliseki ngendlela amaphoyisa aqhuba ngayo uphenyo ngokubulawa kwabantu okwenzeke ezinyangeni ezimbalwa kuleya mijondolo .

UMbhishobhi waleli bandla, uRuben Phillip, uthe ngenxa yokunganeliseki ngokuphenya kwamaphoyisa, sebethathe isinqumo sokuba bazisungulele bona uphenyo oluzimele noluzocacisa kabanzi ngokuhlukumezeka kwabantu kuleya mijondolo .

NgoLwesihlanu abebandla lamaSheshi namaWeseli bahlangane kule mijondolo ngenhloso yokuhambisa umkhuleko nokuyobheka isimo njengoba kube nezigameko zokuhlaselwa kwabantu.

“Okusiphatha kabi wukuthi amaphoyisa akhombisa ukuba ngasohlangothini lukahulumeni. Lokhu kwenza nabantu bagcine bengasawethembi ngoba akukho akwenzile ukubavikela yingakho nathi siyibandla sesithathe isinqumo sokusungula uphenyo oluzimele olungahlangani nalolu lukahulumeni,” kuchaza uPhillip.

Uthe ukuhlukumezeka kwabantu baku-Kennedy Road akuzange kuthinte abantu baKwaZulu-Natal kuphela kodwa ngisho izinhlangano zamazwe aphesheya kwezilwandle zikhombisa okukhu-lu ukuzwelana nabahlali bakuleya ndawo.

Kuwona lo mkhuleko abahlali baphinde bakhomba ngenjumbane amakhansela ngezigemegeme zakuleya mijondolo.

Abahlali basola amakhansela ngokuthi abahlanganyela namaphoyisa nokwenza bangabe besawathemba ngoba awakhombisi ukuba sohlangothini lwabo.

UMbhishobhi wamaWeseli eThekwini, uMichael Voster, uthe isenzo samaphoyisa ngabantu bakuKennedy Road sibuyisa isithombe esibi sangezikhathi zobandlulo lapho amaphoyisa ayeba ngasohlangothini lukahulumeni .

“Kusiphatha kabi ukuthi namanje amaphoyisa kusekhona izikhathi lapho ekhombisa ukuvikela umbuso esikhundleni sokuvikela abantu ababuthaka. Abantu bakule mijondolo bahlukumezeke kakhulu kusuka behlaselwa kubulawa nezihlobo zabo ngakho bekungalindelekile ukuthi bazithole sebecindezelwa ngisho nangamaphoyisa okuyiwona abathembele kuwo,” kubeka uVoster owangena ezicathulweni zikaBishop Purity Malinga.

Uthe nakuba uhulumeni wakwaZulu-Natal ekhombisa ukungayeseki inhlangano, Abahlali Basemjondolo, kodwa bona bengamabandla bazoyeseka kuze kube sekugcineni.

Phambilini abahlali baku-Kennedy bake bakhomba ngenjumbane i-ANC ngokuhlaselwa kwabo kodwa le nhlangano yaphumela obala yaziqhelelanisa nakho konke eyayimataniswa nakho okungalungile.

I-ANC yakubeka kwacaca ukuthi nayo iyingxenye yokuthola isixazululo sokukhulula abantu bakuleya mijondolo kanti yaphinde yanxusa uhulumeni nomasipala ukuba alusukumele udaba lwakamuva lokubulawa kwabantu bakule mijondolo.

Ubuholi namakhansela bayichithile imibiko yokuthi kukhona ukwenzelela ngophenyo oluqhubekayo olwenziwa ngamaphoyisa kule ndawo.

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‘Produce the evidence’, demands Bishop Rubin Phillip

28 November 2009
Diakonia Council of Churches

‘Produce the evidence’, demands Bishop Rubin Phillip

Anglican Bishop Rubin Phillip has demanded that the state provides evidence in the case against the Kennedy Road 13, or release the accused.

Bishop Rubin Phillip was addressing about fifty people, mostly church leaders and family members of the Kennedy 13, who had gathered for a prayer service organised by Diakonia Council of Churches, at the Durban Magistrates’ Courts.

In a moving speech Bishop Rubin said, “What we are demanding from the state is that they provide the evidence that these men did wrong. If they did indeed do anything wrong, then prosecute them. If there is no evidence, release them now.”

Bishop Rubin, who is known for his relentless defence of justice in KwaZulu-Natal, also announced the establishment of a commission of enquiry into the Kennedy Road events which, he
said, would comprise “high powered legal professionals” and notable citizens with impeccable track records, as well as distinguished international experts. The objective of the commission would be to establish the truth. “The name of Abahlali has been darkened and tarnished. Abahlali’s reputation must be vindicated”, he said.

Addressing the gathering, Revd Solomuzi Mabuza, Chairperson of the Church Land Programme, implored the church not to give up its prophetic role. “We believe in a God of justice. Let us not be afraid to speak the truth to power”, he said.

After the service, clergy and family members of the accused filled the court room for the bail hearing, sitting through the lengthy proceedings which were interrupted by a forty five minute adjournment. After the long and unjustified delay in bringing specific charges against the thirteen accused, charges were dropped against one, while the charge of murder against seven were also dropped. Five of the accused will appear again on 11 December, allowing the state time for further investigations, and bail was denied these five.

The service was followed by a time of prayer with families of the accused and members of Abahlali baseMjondolo who had attended the proceedings in solidarity with the accused. Prayers were led by Revd Phumzile Zondi-Mabizela, CEO of the KwaZulu-Natal Christian Council.

Diakonia urges all our friends and partners – who have shared the struggle for our hard-won democracy – to continue praying for the accused in their time of need.

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Solidarity March for Abahlali baseMjondolo in Johanesburg

 



Abahlali baseMjondolo Solidarity March, Jo'burg, 5 December 2009

 

SOLIDARITY MARCH WITH ABAHLALI BASEMJONDOLO!

On the 26th of September this year a gang of heavily armed men launched an attack on the shack-dwellers movement, Abahlali BaseMjondolo, and organisers of the Kennedy Road Development Committee in the Kennedy Road settlement outside Durban. Members of the community spontaneously organised themselves in self-defence, and two people were killed in the clash. Thousands have been forced out of the township. After police stepped in to stop the self defence, the attackers systematically demolished the homes of AbM and KRDC members – with the police and local ANC leaders present!

The political rivalry in KwaZulu Natal has exploited ethnic sentiment and tensions that emerged during the Jacob Zuma election campaign. There is a good case to suggest that African National Congress (ANC) in and around Kennedy Road is using ethnicity to mobilise local residents against popular social movements such as Abahlali.. The Kennedy Road attackers shouted slogans such as "The AmaMpondo are taking over Kennedy. Kennedy is for the AmaZulu." 13 people – all associated with Abahlali, and all Xhosa – have been arrested in connection with the murders, even though they were not the perpetrators of the attack, but its victims. They are facing false murder charges and have been held for two months without bail in the notorious Westville prison. Recently, a similar situation has arisen in Pemary Ridge, another settlement in the area, where key activists continue to receive death threats and remain in hiding after a police attack.

There is no doubt that ANC and government officials, as well as the police, were not merely compliant in the attacks, but responsible for its authorization. Nothing is more dangerous to the government and capitalist elite than the self-mobilized poor because it amounts to the loss of state control over the townships. This is why they repeatedly resort to the type of state-sponsored warlordism Abahlali has experienced, and try to divide the poor by building up ethnic tension. The attack must be seen for what it is: a purposeful and systematic act of murder and arson, and an attempt at the physical and ideological destruction of Abahlali!

The Kennedy road attack is one more act of violence in a long war by the parasitic South African elite on the poor (and specifically on autonomous working class organisations that challenge ANC hegemony and its anti-poor project) that we will not tolerate!
We, as social movements and activists based in Gauteng call on all people fighting for justice to join us in solidarity with Abahlali and the Kennedy 13 on the 5th December when we march from Protea Garden, Soweto to the Protea North Magistrate's Court. We will be assembling at 9am, and the march will depart at 10am sharp.

We call for:

FREE THE KENNEDY 13! DROP ALL CHARGES!
ANC THUGS OUT OF KENNEDY ROAD!
DEFEND THE MOVEMENTS OF THE POOR! AN ATTACK ON ABAHLALI IS AN ATTACK ON US ALL!

Issued by the Solidarity March Organising Committee, comprising members of the Anti-Privatisation Forum (APF), Democratic Socialist Movement (DSM), Landless People’s Movement (LPM) and the Zabalaza Anarchist Communist Front (ZACF).

A Zabalaza Anarchist Communist Front initiative.
For details contact Jonathan – 084 946-4240

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We Want the Full Loaf (not just a child support grant)

Presentation at the Development Action Group Workshop
Cape Town, 18 November 2009

by Mnikelo Ndabankulu

We Want the Full Loaf (not just a child support grant)

The Slums Act

The Slums Act first came to our ears as a Bill in 2006. The information about this Bill came to us indirectly through our sources.

It was clear that we needed to discuss this Bill as Abahlali. M’du Hlongwa and I both went to the Government Communications to ask a copy. We had two copies and we shared these copies and we analysed the Bill. We had a number of meetings where we read the Bill together going one line by one line.

Before we could get into the Bill the name of the Bill was already frustrating us as it talked about shack settlements as ‘Slums’. Yes our communities are under developed and they need development. That is obvious. But they are not ‘slums’. A slum is a place where there there is nothing good, where there is no survival. We immediately thought that it is wrong to call our communities ‘slums’. We immediately thought that the government must recognise that our settlements are communities – communities that are underdeveloped due to neglect by the government – and that they need to be developed by that same government. They need to be made formal – not to be eradicated.

When we got into the Bill we found that it contradicts with the Constitution. It was taking away the small rights that the shack dwellers have. PIE protects us against evictions. Section 26 of the Constitution protects us against evictions. Not all evictions can be stopped with PIE and Section 26 but most can be stopped because almost all evictions are illegal.

We were not impressed that while we were having little rights these little rights were now being taken away from us. This Bill was taking us from little to nothing.

This Bill was making it a criminal offence to resist evictions whereas the Constitution allows us to resist. This Bill would mandate five years in prison or a R20 000 fine for resisting an eviction. No shack dweller can afford R20 000. If you are arrested and jailed for raising your concern about your right to keep living where you are you are then you are not living in a democracy. Nobody in their sober senses would just fold their arms, clap their hands or ululate while their home is destroyed. Therefore this Bill would make all shack dwellers to be criminals.

We saw that the Bill would also be an attack on backyard dwellers, on those who have utilised unused formal houses. The Bill was putting too much pressures on the owners of unused land and vacant houses that had been occupied to get rid of people. It was forcing the land and house owners to evict people. One clause said that landowners must make sure that their land is protected by fences and security personnel. Not all landowners are happy that we have occupied their land but they were forced by the Constitution to accept our occupation.

At that time we were already being evicted by the Municipality but those evictions were illegal. We were having good success in stopping them by going to court. We saw that this Act would give the Municipality a stand to justify their evictions – to make what was illegal become legal.

At that time the Municipality was already taking people to transit camps. We had already discovered that they are very, very bad compared to the structures that we have built ourselves. They are very bad compared to the communities that we have made ourselves. The transit camps are built in a train style. There is one wall to separate you from your neighbour. If he is a drunkard you will suffer too. People are very badly affected.

The Bill wanted to make transit camps lawful and to force our eviction to these camps. It did not specify where the transit camps would be. You might be here in Sydenham but find that you are taken to Chatsworth, to a place that you don’t know. Forced removals destabilise workers, schoolers and congregants.

When we settled in these areas, when we chose these areas those areas that the government is planning to force us to were there too. But those areas were last on our list. In fact they were not even on our list. Chatsworth and Verulum were always there but we didn’t choose them for a reason, for a good reason. We will always reject any programme of reruralisation.

For all these reasons we nicknamed the Slums Bill as the South African Operation Murambatsvina.

We saw that our citizenship would expire as soon as this Bill was passed.

We decided to tell the government that on the analysis of the organised poor this Bill was anti-poor. We decided to tell the government that they must implement their Breaking New Ground policy because it is more pro-poor.

Our opposition to the Bill was widely known. The government had to have a public hearing and they decided to have it at Kennedy Road so that they could say that we had agreed to it. Lennox Mabaso [at the time the spokesperson for the then MEC for Housing in the Province, Mike Mabuyakhulu] sms’d [S’bu] Zikode to say that they were coming to Kennedy. The day of the hearing came. They first sent a police helicopter. It was flying very low over the settlement from early in the morning. Then they sent in many, many police. Then ANC and SANCO supporters came in Municipal buses. Then the the politicians came in a long line of big cars.

The ANC and SANCO supporters were told that they were being taken to register for houses. For this reason the government’s own supporters were very frustrated at being told one thing while in fact the agenda for the meeting was different.

Only Abahlali could contest the government officials because we were the only ones that had read the Bill. But the protocol was very strict. You were only allowed to speak if you could quote from a sub-section of the Bill first but they didn’t give copies of the Bill to anyone.

The reason why the Municipality could pass its electricity policy in 2001 that denies electricity to shack dwellers and condemns us to fire is that in those days there were no vocal organisations like Abahlali. Without Abahlali the Slums Act would have walked free.

We criticised the Bill very heavily that day despite their attempts to suppress us with protocol. One politician invited us to parliament to debate the Bill there. We went there, to Pietermaritzburg. When we got there we found Mabuyakhulu reading the Bill like a Pastor in church. There was no opportunity for questions. Then we were told to go out for lunch and that we could debate the Bill after lunch. But when we came back in they just said that the Act is passed and everyone clapped. The opposition parties were not interested and did not oppose the Bill. Immediately the media were phoning us and asking for comment. We were still waiting for the debate and were caught by surprise.

We walked out of the parliament and we told our comrades what had happened. It was decided to call our legal experts. We put our proposal on the table which was that they should take this Act to court because it was violating the Constitution. They listed to us and said that they would check if this was a winnable battle and then report back to us. They reported that the battle was winnable and we filed the papers.

At first it was proposed that Judge Nicholson would hear the case. But at the last minute Judge Vuka Tshabalala decided to take the case. We wondered about the independence of the judicial system. We know that he is a big comrade of the ruling party.

At the Durban High Court the lawyers of the government presented their side of the story. Vuka Tshabalala listened well and even encouraged them from time to time. When it come to the turn of our lawyers to speak Vuka Tshabalala would attack our lawyers. He wouldn’t listen and he wouldn’t let them speak. Sometimes he would sleep for 20 minutes. Once he took the last sip of water from his glass, fell asleep, then woke up and tried to drink the same water again. Even the man who says ‘Silence in the Court’ laughed. A man who had to take a serious decision on people’s lives slept in the court. We were not happy. That is why we called him Lala Tshabalala.

Once the decision came that we had lost the battle the government were too excited talking everywhere about a ‘landmark decision’. We told our members that they mustn’t worry. That they must wait and see who will have the last laugh. We told our people we had options – the court of appeal or the Constitutional Court. We decided to go to the Constitutional Court – straight to the Cup Final.

We filed our papers and we went to the Constitutional Court. We went to the court in two buses and a taxi. We travelled the whole night. When we arrived there the way that we were treated made us feel that we are still citizens of this nation. We were given water. There were video screens for those who could not fit into the court. Our own independent media were allowed into the court with their cameras. We were happy with the way that the judges attacked both legal teams. It was very fair. And our lawyers could respond very well to all the questions from the judges. The government lawyers could not respond to all the questions. They even moved out before the hearing was over. They were already surrendering because they could feel the heat. On the basis of our own assesment of the court proceedings we were confident that we would be enjoying a victory. Everybody was confident. The Mail & Guardian wrote an article called ‘Shack dwellers’ victory bus’.

We were told to wait for three months. Three months came and we heard nothing. We kept on discussing. We were concerned that Pius Langa was retiring. Personally I expected Dikgang Moseneke to take over as it was clear that he is the best judge. But Sandile Ngcobo was appointed. I was worried. I don’t call him a judge. I call him a comrade judge [a comrade of the ANC]. We were worried that comrade judges would not be ready to embarrass their comrades.

But when we were called back to the court Langa, Moseneke and Ngcobo were all there. The judgment was overdue but the result was great for Abahlali. We were not surprised. We expected victory because we knew that on this matter the Constitution was on our side. If we had lost we were going to just burn the constitution document outside the court.

Section 16 was found inconsistent with the Constitution. This was also our analysis at the very beginning. The government was told to pay all legal costs. The costs were around R250 000. I wished that the money could come from the salaries of Mabuyakhulu, Mabaso and [then Minister of Housing Lindiwe] Sisulu who all endorsed the Act and congratulated themselves so highly after Lala Tshabalala’s judgment.

The perpetrators should suffer – not the people who pay their taxes to the state. That money is the people’s money.

It was not just an Abahlali victory. It was a national victory as all provinces were planning similar Acts.

We will always appreciate those church leaders, academics, legal experts and activists that stood on our side during the darkness of this Act through to the brightness of our victory. We will always salute these people.

A few weeks after our court victory against the Slums Act we made a big celebration in the Richmond Farm transit camp where victims of the Act have been staying in a tin town. We buried these kinds of communities when we buried the Slums Act and so we had to celebrate our victory with the victims of this Act. We couldn’t take the Constitutional Court to the people but we could take the celebration to the people.

The Kennedy Road Attacks

The Kennedy Road attacks puts the faith of the democracy of the Republic of South Africa on a water bridge. We can’t guarantee the reality of the theoretical democracy that we are told that we are living in.

We do know for a fact that the attacks on the Abahlali office, the KRDC [Kennedy Road Development Committee] members and the Abahlali leaders living in Kennedy Road were planned by the ruling party.

It is a fact that since Abahlali commenced in 2005 the ruling party and the local ANC activists at ward level couldn’t get hold of the Kennedy Road community.

Many people, including ruling party members, had to dance to the Abahlali tune because it was meaningful to the people – even to them. Abahlali was speaking about their real concerns – about water, electricity, houses, land and the right to remain in the city. The political party resolutions are always too far from the people. Abahlali was of the people, by the people and for the people and therefore always very close to the people. The politics of land and housing is a living politics. It is a people’s politics and the people knew exactly what they were fighting for.

Councillor Baig was not happy with the success of Abahlali and the failure of his party’s reputation. In 2005 Obed Mlaba said ‘never mind about the mushrooming movement it will be nowhere to be found after the elections.’ Four years later we were much stronger. We were not a mushroom but a big river that gets stronger as it gets closer to the sea.

The government was forced to sit down with us and to make meaningful engagement. In the end we signed a Memorandum of Understanding to provide services to 14 settlements and to upgrade three where they were via Breaking New Ground. It was a historic breakthrough.

But then the Slums Act victory made some politicians to be very angry. We were the first community organisation in KZN to take the government to the Constitutional Court. Questions remained in the party: “Who do these people think they are?”. It was decided that: “They must be sorted out!”.

A strategy was made to make the people in Kennedy Road to fight each other. Most of the KRDC have lived in Kennedy Road for twenty years or longer. They were all elected. Everyone who is elected can be recalled if there is a problem by making an emergency AGM and holding new elections. But someone came and told some people that the elected committee, their neighbours, were now people that must be killed.

We feel very sorry for people who can be used in this way – people who don’t know who their real enemy is. The ANC were prepared to participate in any project to destroy Abahlali and to teach its leaders a lesson. In the end the project that they chose was a Pondo/Zulu tribal war.

Zulufication was inspired by Polokwane and the mobilisation for a 100% Zulu boy. Many people were happy with this. These people started to label those Zulus who didn’t support Zulufication as spies or sell outs. They prepared for a political war between COPE and the ANC. All targetted people were called COPE. All independent movements, like Abahlali, were labelled as COPE so that they could be attacked.

And the decision by the Safety & Security Committee to make ten o’clock the closing time on the shebeens – a decision take to reduce tribal tensions that are escalated by alcohol abuse, gave the ANC the opportunity to mobilise the shebeen owners against the KRDC. They were very strategic to make the shebeen owners to support their attack. The sheebeen owners fought against the community for their own interests. But the question of shebeen closing times was not the real issue.

The real politics is clearly revealed in the fact that Pres [S’bu Zikode] and Vice [Mashumi Figlan] have never been members of the Safety & Security Committee and they were also attacked.

And anyone who was not happy with the Safety & Security Committee could have requested a quick AGM to elect a new committee. There was no reason to kill the volunteers. Why didn’t they elect a new committee? It is because they were making a political attack.

The Drop-in-Centre served thousands of people with Aids and other sick people too. It is not operating any more. The crèche was operating on behalf of parents so that their children would be safe and educated while they were at work. It is not operating any more. The hall is not being looked after any more. There is long grass growing around it now. There could be snakes and other wild reptiles there. The library is gone.

After the attack the ANC said that it was not right that people had to go through the KRDC to get the hall for marriages and funerals. They were forgetting that the KRDC was elected every year and that they must maintain and clean and secure the hall. They must fix the broken windows, cut the grass, buy cleaning equipment and get paint and chairs. There is nothing wrong with asking people to make a small payment to use the hall for marriages and funerals. This is where the KRDC got the money to run the hall so that it was kept in a good condition for the whole community.

The really killers are left free and their victims are in jail. The Kennedy 13 are the same people whose houses were vandalised. The house of Zikode was demolished after the Kennedy Road 13 were arrested. The really perpetrators were never arrested.

As soon as Abahlali was chased out the ruling party moved in and launched its own committee. That fact shows clearly that the target was for the ruling party to take over Kennedy Road. That was the ultimate goal. They will regret what they have done when the truth comes out through the independent enquiry that we are calling for. We are confident that the truth will be revealed in this enquiry.

Now the police have attacked our people in Pemary Ridge. The police will always attack us when they think that we are weak. They will only respect us when they can see that we are strong. They take shack dwellers as nothing. We are their playground.

After the attacks in Kennedy Road there was solidarity from many organisations, NGOs and activists. They all condemned the attacks. But my evaluation shows that international solidarity is more than local solidarity. We are not forgetting the efforts of the the church leaders who have gone to court with us, the students that have picketed, the academics that have signed petitions. We really appreciate their support and we won’t forget it. But these efforts are still less than the international solidarity. Our international friends picketed South African embassies in England, in New Zealand and in America.

So we call on those people who claim to be pro-poor to act pro-poor. We call on local activists and organisations to take a stand. In a situation like the one that we are in now everyone must make their choice and stick with it. You are either on the side of the oppressed or you are on the side of the oppressors. You are either with the government or you are with the people. We do not like people who will not take a side. Everyone must take a side.

We appreciate solidarity and we would appreciate support to continue to us and to other oppressed organisations.

The Full Loaf

We have taken one victory and suffered one defeat. But we will keep going. No one ever said that struggle is easy.

We have always been clear about our struggle. Every person is a person and every person must count the same. This is obvious. But we do not count. Therefore we have to be out of the order that oppresses us. We have to rebel. Everyone must have the full loaf of bread that each person needs to live well. Service delivery is just trying to keep the people happy with one slice of bread when in fact a person needs the whole loaf. It is the same with human rights. Having the human right to a house is not the same as having a house. Of course if you don’t have any bread then you must struggle for that one slice. But our struggle does not stop there. After you have won one slice you struggle for the next slice up until you have the whole loaf. Only then can you relax. Our struggle is not only for service delivery or human rights. Our struggle is for the full loaf. It is important that this is clear to everybody.

Thank you.

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Protest in Cape Town Against State Repression

Abahlali baseMjondolo of the Western Cape
Press Statement, Friday 27 November 2009

Protest Against State Repression to be Held at at Macassar Village Tomorrow

We will be holding a protest against state repression at New Road, Maccassar Village, from 11:00 on Saturday 28 November 2009.

Our movement is under serious attack in Durban. Our comrades in Abahlali baseMjondolo in Durban have been attacked and had their homes destroyed by an armed ANC militia supported by the local police and politicians. They have also been arrested, denied bail, beaten while in custody and attacked and seriously beaten by the police while going about their ordinary activities in their communities. Many of our comrades are living under death threats and have been turned into refugees. Many of our comrades are no longer able to appear in public in Durban. There have been longstanding problems with democracy in Durban but it is now clear that there is no longer any democracy in Durban. Durban ceased to be a democratic city on 26 September 2009 when this wave of violent repression was launched against our movement.

This is the worst case of state repression in post-apartheid South Africa but it is far from the first case. Over the years all of the movements in The Poor People's Alliance have had their marches banned and been subject to arrest, assault and even torture at the hands of the police. We are all very familiar with rubber bullet, tear gas, holding cells and courts. We all confront regular illegal and violent evictions at the hands of the state. Here in Cape Town Abahlali baseMjondolo has recently confronted mysterious violent attacks, illegal and violent evictions from the state and arrests and police violence. Neither the criminalistion of the poor nor the criminalisation of dissent are new.

Our protest is in support of our comrades in Durban and we are demanding the immediate restoration of democracy in Durban. We also support the demand for an independent inquiry into all the attacks on our movement in Durban including those from both the militia and the police.

Our protest is also in defence of our own struggle here in the Western Cape. We also face repression here and it is clear that if we allow democracy to be done away with in Durban it will not be long before democracy is also done away with in Cape Town, in Johannesburg and across the country.

Silence is the speech of the defeated. We are not defeated and we will not be defeated. We are organised and we will remain organised. South Africa belongs to all who live in it and therefore we will continue to take our place in the cities and in all discussions affecting our communities and our lives. Our position is that each person's life and intelligence counts the same and no ward councillor, police officer or land invasions unit will succeed to make us deviate from this position.

For more information and comment please contact:

Mzonke Poni: 073 256 2036
Mthobeli Qona: 076 875 9533

http://www.khayelitshastruggles.com/
abmwesterncape[at]abahlali.org

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Illegal Evictions Happening at Gunpoint in Mpola Now

Click here to read the article in the Cape Times about Derek Dimba’s unlawful and criminal evictions that have left a hundred people homeless.

Abahlali baseMpola
Emergence Press Statement 11:38, 26 November 2009

Illegal Evictions Happening at Gunpoint in Mpola Now

The eThekwini Municipality is currently illegally evicting families at gunpoint in Mpola. Thirty people already have been left homeless. The community requests all press to rush to the scene and to witness the rampant criminality of the eThekwini Municipality for themselves.

Five cars from the municipality arrived at 10am, with Blue Ants armed with rifles and shotguns. The demolition team is now breaking down brick houses. according to the demolition team the evictions were ordered by the notorious local ward Councillor Derek Dimba.

The evictions, happening now, are illegal and criminal acts. There was no notice, no consultation, no court order, and no alternative accommodation provided.

Some families, whose homes already have been demolished, are at school and at work, and will return to find they have nowhere to sleep tonight. The eviction team demolished all the materials of the houses, including the roofs.

Some of the registration numbers demolition team’s cars are: NDM6904, NDM6902, NDM6903. The demolition team says the municipal official overseeing the eviction is Mr. Zulu (076 354 8921)

Contact:

Lindy 0789940700
Mbongeni 0738162837

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Churches want justice

http://www.witness.co.za/index.php?showcontent&global[_id]=31596

Churches want justice
25 Nov 2009
Jared Sacks

BISHOP Rubin Phillip, one of the most respected Christian leaders and anti-apartheid activists in South Africa, last week published a landmark statement calling the court proceedings of the Kennedy 13 “a moral and legal outrage that amounts to detention without trial by means of delay”. He has also used the words “kangaroo court”, “political agenda” and “a travesty of justice” to describe the legal process.

He, like many others, has called for the immediate release of the Kennedy 13 and for an independent inquiry into the attacks. The leaders of the Catholic, Anglican and Methodist churches in KwaZulu-Natal, along with 40 other clergy, were present at the Durban Magistrates’ Court on November 18. They have now all united in support of the Kennedy 13 and have decided to set up their own inquiry because of the government’s refusal to do so.

This is a watershed moment in South Africa. For the first time since apartheid, the church has united in support of justice for the oppressed.

But the attacks are spreading. Last week, another Abahlali baseMjondolo-affiliated settlement was attacked. They were not attacked this time by an African National Congress-affiliated mob like the one which attacked Kennedy Road. This time they were attacked by Sydenham South African Police Service members. Police arrested 13 residents who were released days later­ after no evidence was presented in court. They beat and shot at other residents with live ammunition, injuring at least 15 people.

There is documented proof, statements, gory photographs and bullet holes in people’s shacks attesting to severe police brutality at Pemary Ridge Informal Settlement. Still not a single mainstream newspaper bothered to investigate the attacks. Not a single government official questioned the motives of the police.

It seems Kader Asmal’s opposition to the militarisation of the police has come too late. Police have already declared war on South Afri­ca’s poor.

Has the ANC forgotten its persecuted past when its members were arrested, beaten and tortured? Why then has it framed the Kennedy 13 for their association with Abahlali baseMjondolo and then protested to have bail postponed now for the sixth time? In six bail appearances, the prosecutor still has not presented the presiding magistrate with any evidence linking the murders in September to the Kennedy 13.

Yet there is plenty of evidence that the mob currently controlling Kennedy Road settlement attacked the Abahlali youth camp on September?26 and then proceeded to purge Kennedy Road of Abahlali leaders. All this while the Sydenham SAPS reportedly cheered them on.

I did not want to speak out again. After my last article calling for an independent inquiry into the Kennedy Road attacks, some intimidating individual called me saying he was from the “South African Secret Service” and was investigating my gender and nationality because of my article criticising MEC Willies Mchunu’s role in framing the Kennedy 13.

Although it was clearly a lie (if he was really from an intelligence agency, he would already know that I am male and was born in Johannesburg), it was nonetheless a bit nerve-racking.

But the intimidation against me is nothing compared to the serious death threats that others have received.

People close to the violence are afraid to speak up for fear of being targeted. Community workers from the outed Clare Estate­ Drop-in Centre (a children’s organisation that operated in Kennedy Road until the attacks) are terrified to even mention that they carry­ Abahlali membership cards. Shack dwellers, activists and even some clergy still live with the day-to-day fear that they will be targeted for supporting the movement.

Recently, family members of the accused Kennedy 13 have had to resort to asking the clergy to mobilise­ and guarantee them safe passage from drunk and belli­gerent ANC protesters at the Durban­ Magistrates’ Court because the police refused to protect them.

What is freedom of speech when your voice brings with it threats to your safety? What is freedom of association when you have to watch your back because of it?

The Kennedy 13. The Pemary Ridge 13. When intimidation through arrest, corruption and police brutality are being met with silence from the national government, you know our democracy is being perverted. The provincial ANC has ignored these problems for years.

How many more Abahlali members are going to be attacked, beaten and arrested before we acknowledge that something is truly rotten in the police state of eThekwini?

• Jared Sacks is the executive director of the Children of South Africa.

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Diakonia Condemns the Ongoing Attack on Abahlali baseMjondolo

Diakonia Council of Churches Press Statement
21 November 2009

Diakonia Council of Churches condemns the ongoing attacks and targeting
of homes, property and lives of members of Abahlali baseMjondolo

Last night, the homes of members of Abahlali baseMjondolo (AbM), two of the
original Kennedy Six, were attacked and demolished by the same mob of
people who continuously and repeatedly perpetrate these deeds on known
members of the organisation.

Despite many phone calls to the Sydenham Police Station to intervene, not
one person has been arrested for the attacks.

Diakonia Council of Churches condemns these ongoing attacks in the
strongest possible terms. The Council furthermore condemns the inaction of
the police, and the silence from our government on this issue.

The Council, along with numerous church leaders, activists, academics, other
faith groups and partner organisations, and sympathetic voices around the
world, have repeatedly called for an independent judicial inquiry to be
established into the events around 26 September when members of AbM
were attacked and thousands displaced. This call has, to date, not been
heeded by government.

The Council now calls upon our elected leaders to immediately
intervene and to halt all further targeting of AbM; to immediately
establish a judicial inquiry comprising independent voices, including
representatives of the faith community and other civil organisations;
and to immediately commence with investigations and the prosecutions
of those who continue to harass, attack and threaten the lives and
property of members of AbM.

The Council notes with deepest dismay the silence and inaction of
government, of our city officials and of the local ANC leadership, and remain
unconvinced that the same are not complicit in the orchestration and
execution of the ongoing terrorisation, eviction and destruction which is being
perpetrated in our informal settlements, including Kennedy Road, Motala
Heights, Amaoti and Pemary Ridge, where AbM have established themselves
democratically.

The Council is committed to the preservation of our democracy, for the sake
of all South Africans.

Roland Vernon
COMMUNICATIONS COORDINATOR

DIAKONIA COUNCIL OF CHURCHES
Cell: 074 311 0000
Office: +27 31 310 3551
Fax: +27 31 310 3501

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Demolitions Continue in Kennedy Road

Abahlali baseMjondolo – Emergency Press Release
19:22 Friday 20 November 2009

Demolitions Continue in Kennedy Road

The same mob that attacked Abahlali baseMjondolo and the Kennedy Road Development Committee on 26th September; that trashed the Abahlali office and systematically destroyed the homes of Abahlali leaders while police and politicians looked on on 27 September; and that followed the violent purge of Abahlali from the settlement by installing an ANC committee is, right now, demolishing Mondli Mbiko’s home in the Kennedy Road settlement. A short while ago they demolished Mzwake Mdlalose’s home.

Mondile and Mzwake are both members of the KRDC, an elected structure, and long standing residents of the settlement. They were both members of the Kennedy Six. They fled the settlement under threat of death on the 26th but their homes survived the initial demolition. Numerous people have phoned the police to report the demolitions but, thus far, the police have made no attempt to intervene.

Mzwake Mdlalose 072 132 8458
Mondli Mbiko 073 1936 319

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Bishop Phillip Calls for the Release of the Kennedy Thirteen

Grave Concerns about the Detention without Trial of the Kennedy Thirteen:

This Travesty Must End

18 November 2009

After their 6th inconclusive bail hearing today, it is now abundantly clear that the legal process for the Kennedy 13 is a complete travesty of justice. They are scheduled to appear again on the 27th November. By that time, some of accused will have been in prison for 2 months without trial – two months in prison without any evidence being presented to a court and without a decision on bail. This is a moral and legal outrage that amounts to detention without trial by means of delay. In our view, it borders on unlawful detention. I am, tonight, issuing a call for their immediate release – justice has been delayed far beyond the point at which it was clear that it had been denied.

Ordinarily in a case with such serious charges as those put to the Kennedy 13, it is in fact extremely easy for bail to be denied. Usually all that is required is that the prosecution provide the court with some evidence showing that they have, at least, a prima facie case to make in the trial itself. That the prosecution has still not presented any such evidence, despite the magistrate’s repeated concessions to give them more time to do so, indicates to us that the police simply have no case to make. What is being pursued in our courts in this instance is a political agenda against Abahlali baseMjondolo.

The Kennedy Thirteen were arrested in the aftermath of the September attack on Abahlali baseMjondolo in the Kennedy Road settlement. Abahlali baseMjondolo is highly respected for its courageous commitment to the equality of all human beings irrespective of their origins or position in society. Their recognition of the spark of the divine in every human being has been a prophetic voice calling us to conscience and grace in the moral wilderness of a country that is losing its way.

In April 2007 I visited the Kennedy Six in Westville prison where they held to a hunger strike for 14 days before the murder charges that had been trumped up against them were dropped. In November that year I, along with other church leaders, witnessed and denounced shocking police violence against Abahlali baseMjondolo.

In 2007 I had to put aside some of my exuberant faith in our new democracy as I came to understand that the days of police violence, police lies and wrongful arrest were still being used to silence those with the temerity to speak truth to power. I realised, with a heavy heart, that the days of the political prisoner were not yet over in our country.

The attack on Abahlali baseMjondolo, and the response to the attack by the police and some figures in the eThekwini Municipality and the Provincial Government of KwaZulu-Natal, have been met with grave concern across South Africa and abroad. It is patently clear that there was a political dimension to the attack and that the response of the police has been to pursue that political agenda rather than justice.

I, along with many other church leaders, as well as academics and human rights organisations, have called for a genuinely independent and credible inquiry into the attack on Kennedy Road. That call has not been heeded. It has become abundantly clear that the state has taken a political position on the attack and that it has forfeited any claim to neutrality in this matter.

The Kennedy Thirteen have come to court on six occasions to ask for bail. On each occasion a group of people, sometimes wearing ANC colours, some drunk and some armed, have been at the court to demand that bail be denied. The behaviour of these people has been appalling. They have openly made all kinds of threats including death threats. Clergy are amongst those who have been threatened and the apparatus of justice has been allowed to degenerate into what looks to all intents and purposes like a kangaroo court.

On six separate occasions the magistrate has postponed the bail hearing to give the police another chance to gather some evidence that could link the Kennedy Thirteen to a crime. On each of those six occasions the police have failed to produce any evidence linking the Kennedy Thirteen to any crime. Today the bail hearing for the Kennedy Road Thirteen was postponed until the 27th of November.

There were between thirty and forty clergy present at court today, all of us deeply disturbed by this travesty. We are all committed to see this matter through.

I am, tonight, issuing a call for the immediate release of the Kennedy Thirteen from prison on the grounds that justice has been delayed far beyond the point at which it was clear that it had been denied.

In light of the fact that this is quite clearly a political trial in which the rules that govern the practice of justice are not being followed, I am now calling for people of conscience outside of the state to join us as we set up an independent inquiry into the attack on Kennedy Road on 26 September; the subsequent demolition of the houses of Abahlali baseMjondolo members, the ongoing threats to Abahlali baseMjondolo members, the role of the police, politicians and courts in this matter.

Remember those who are in prison, as though in prison with them, and those who are mistreated, since you also are in the body. (Hebrews 13:3)

The Lord will respond to the prayer of the destitute; he will not despise their plea. Let this be written for a future generation, that a people not yet created may praise the LORD: “The LORD looked down from his sanctuary on high, from heaven he viewed the earth, to hear the groans of the prisoners and release those condemned to death.” (Psalm 102: 16 – 20)

Bishop Rubin Phillip

Diocese of Natal, Anglican Church of Southern Africa
Chairperson, KwaZulu Natal Christian Council

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When the Mountain Meets its Shadow

Preview of the Dok-Werk Fikmkooperative documentary When the Mountain Meets Its Shadow which will be released in 2010.

Preview – Part 1

Preview – Part 2

Preview – Part 3

Preview – Part 4

When the Mountain meets its Shadow
Cape Town, South Africa

In hardly any other city of the world can poverty and wealth be found as close together. When the mountain meets its shadow tells the moving stories of Ashraf, Mne, Zoliswa and Arnold, who, each in their own way, fight for survival in the informal settlements around Cape Town. While Ashraf and his friend Mnce from the Anti Eviction Campaign fight against evictions, water- and electricity cut-offs in the townships, Zoliswa and Arnold put their trust in their ability to work. Zoliswa, a single mother, is looking for a new position as a cleaner and Arnold trains as an armed guard to work in the booming security industry. When the city council wants to clear entire informal settlements in preparation for the World Cup in 2010, Ashraf and his friend Mnce are confronted with their own, undigested experiences from the apartheid years …

75min, 60min, 52min / HD / Color / 2009

Directors:
A.Kleider and D.Michel
Camera:
Alexander Kleider
Sound:
Romin Khan
Editor:
Daniela Michel

Click here to visit the Dok-Werk website and here to download more information on this film in pdf.

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Someone Needs to Answer for the Police Attack on Pemary Ridge

16 November, 20:42
Abahlali basePemary Ridge Press Statement

All Charges Dropped Against the Pemary 13, But Someone Needs to Answer for Police Attacks

Abahlali basePemary Ridge is happy that all charges were dropped against 13 of our members, who were arrested in a brutal attack last Friday by the Sydenham police.

Abahlali has said, since 2005, “My lawyer is my neighbour.” In court today, the Pemary 13 were not represented by a lawyer, but by the Chairperson of Abahlali baseMotala Heights , Shamita Naidoo, who learned about justice through years of experience working in her community, and about the law seeing case after political case brought by police against shack-dwellers. Shamita spoke powerfully and with a lot of anger against the police violence so common in Abahlali communities, and in all shack settlements.

All the charges were dropped. But someone needs to answer for what happened last Friday night. If there was no case against us, why were we shot at, beaten, tortured, abused and detained over the whole weekend?

Why is it us, and not the ratepayers who live across the street, that almost every week are attacked by police? Is it because we are poor? Is it because we are black? Is it because we are not welcome in Reservoir Hills? Not welcome in our own city? Not welcome in our own country? Is it because our settlement has been strongly Abahlali baseMjondolo since 2005 and that, therefore, we refuse to accept that we do not count in this society?

Why were we arrested, when it was the police who were committing crimes in Pemary on Friday night? Why does no one take seriously the fact that if you are a poor person the police are some of the dangerous criminals that you will ever have to confront?

The police are abusing us, and they are abusing government resources. Budgets for bullets, for cars, for lawyers, all were spent just to beat, shoot at and arrest shack-dwellers that committed no crime. The resources used to shoot at, beat and arrest innocent people could have been used to protect us. We as the poor are also getting robbed, stabbed and shot dead by criminals. We cannot afford private security. We need to be safe and yet all the police do in our communities is to torture and arrest us. Being poor has been turned into a crime. Being a poor person who doesn’t know your place – who insists on your right to be political, to think and to speak for yourself – has been turned into an even bigger crime.

These cases take our communities’ resources too. These cases take energy, and poor people’s finances. The people, who were arrested, missed school and work. One of the arrested was supposed to write his Matric exam today. People who were injured have to pay for a doctor. Some of them could not go to work or school today. Those who come to court in solidarity must take off work and school, and pay for taxi fares. If you are beaten with your guitar and you are a person that loves to make music you will have to buy a new guitar. If your door is kicked in you will have to fix that door. All these resources are wasted just because of the police attacking us. A person can lose their job for missing even one day of work.

We all need to be safe and happy in this country, not just some of us, not just a part of us – all of us. This is our position and we will stick to it through all kinds of attacks. A person is a person whether they find themselves in a shack or in a big house with a fence and a burglar alarm and private security.

For more information and comment please contact

Shamita Naidoo 074 315 7962
Philani Zungu 072 96 29312

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Police Attack on Pemary Ridge – 13 arrested, at least 15 injured

Update, 16 November 11:45 – All charges against the Pemary Ridge 13 were dropped in the Pinetown Magistrate’s court this morning.

Update, 14 November 12:55 – The Sydenham Police continue to deny repeated explicit requests from the prisoners, and their families and comrades, for the injured detainees to receive medical attention.


This man was rushed to hospital after being beaten during the police attack on Pemary Ridge. Click here to see more pictures taken in the aftermath of the attack and here to read some brief notes on the attack.

Emergency Press Update from Abahlali basePemary Ridge
14 November 2009

Police Attack on Pemary Ridge – 13 arrested, at least 15 injured

The attack on Abahlali baseMjondolo continues.

The first van from the Sydenham Police Station arrived at the Pemary Ridge settlement at 8:00 p.m last night. The police officers went to a woman’s tuck shop and kicked down the door saying that they were looking for alcohol. At the time, a man was walking by, and the police assaulted him – they struck him, and swore at him. His sister, who saw the attack, screamed in terror. When members of the community gathered around to see what was happening, the police opened fire, and started shooting at people at random with live ammunition (we have the casings from the bullets that they shot at us). Some residents ran to the river to hide fearing a shoot to kill operation. Others assembled at the top of the road, and began burning tires in protest. More police arrived and they attacked the people protesting on the road opening fire several times. They then went from shack to shack kicking down the doors of residents’ homes and assaulting people in their homes. People were beaten bloody with fists and batons. Some were also pistol whipped. The police fired several live rounds into Philani Zungu‘s shack.

At least 15 people have been badly injured but we can’t give the final figure yet as many people scattered into the bush down by the river and some are too scared to return to the settlement.

15 people were arrested but two were released. The remaining 13 people and are being held without charge in the notorious Sydenham Police station where many Abahlali baseMjondolo members, and other poor African people, have been badly assaulted, and at times even tortured, over the years. Most recently the Kennedy Thirteen were severely assaulted in the Sydenham Police Station. Many of the people who have been arrested were visibly injured when they were arrested and community members saw them being beaten further as they were arrested and put in the vans. But the police are denying that they are injured and have denied them medical attention.

The Pemary Ridge Eleven will appear in the Pinetown’s Magistrate’s court on Monday. It is not yet clear what they will be charged with. Visiting hours at the Sydenham Police station today start at 12:00.

This is the third attack on the Pemary Ridge settlement by the Sydenham Police since the attack on Abahlali baseMjondolo in Kennedy Road. The last two times they came and arrested people for connecting themselves to electricity. This was an attack on the whole community. Before they left the police said “This is a lesson – tell the others.”

The total number of people arrested since the attack on Abahlali baseMjondolo began on 26 September 2009 is now 32.

There is no democracy for the poor in Durban.

In this city if you are a poor person the police are dangerous criminals and you must fear them.

The whole of this, and last month, is just reports of the police shooting. 2010 has arrived, and by by the time the tournament comes, the stadium will be full of bullets.

A full and detailed statement will be issued after the whole community has met to discuss the police attack and to plan our response.

eThekwini kukhala abangcwele.

S’bu 076 7438427
S’bongile 0797433572

The police also harassed AbM members in Motala Heights on Friday. At a mass meeting the next day, Saturday, 144 more people in Motala joined AbM. Contact Shamita Naidoo for more details on 074 315 7962

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Symbol of hope silenced

http://www.dailynews.co.za/index.php?fArticleId=5243863

Symbol of hope silenced
Abahlali community is not perfect. Nor does it pretend to be, writes Sarah Cooper-Knock.

November 13, 2009 Edition 1

In the wake of the violent attacks on Kennedy Road in September, Abahlali baseMjondolo has once more been carried into the media spotlight by a whirlwind of vitriolic criticism and impassioned defence.

The ferocity of this exchange exposes not only the base injustice of those attacks, but also a broader battle for the soul of South Africa. This battle is waged over conceptual and material issues: the political space for opposition; the role of citizens in a democracy and service delivery to the country’s poorest citizens.

In a country characterised by gross inequality, 3.6 million citizens live in informal settlements.

Often, these shack-dwellers are cut off from basic services of water, sanitation and electricity; unheeded in their call for ambulances or police help and exposed to the threats of floods and fire.

Fifteen years after the end of apartheid, many are left to wonder when their promised land – the new South Africa – will arrive. The range of rights embodied in SA’s constitution seem as distant as ever.

It is in this liminal space of citizenship that Abahlali baseMjondolo operates. Its diverse membership draws people who are disenfranchised from many of the services and promises the state has offered.

Abahlali members join to fight for dignified citizenship, claiming their constitutional right to sustainable housing. In doing so, they have pushed the state into a position of uncomfortable self-reflection, challenging the complacency (or complicity) of those who seek to live off the laurels of the anti-apartheid struggle without delivering the promises which 1994 held for the most disadvantaged South Africans.

Abahlali is not perfect. Nor does it pretend to be. It is as dignified, beautiful and flawed as the humanity from which it is drawn. But it is neurotically democratic, impressively diverse and steadfastly self-critical.

In the 10 weeks I spent with the group on fieldwork, debate and discussion was relentless, at all levels. Women’s camps, Youth camps, camps with the Poor People’s Alliance; community meetings, Fire Summits, AGMs, the list goes on … slipping out of one all-night meeting at 4am I cradled a chicken burger in Sydenham before dragging myself home to bed.

Fighting

Much of my time with the organisation was spent in Motala Heights, Joe Slovo and Kennedy Road, although I visited many other settlements. While Abahlali baseMjondolo is fighting for housing and the right to shape their future as dignified citizens, each individual settlement democratically deals with local issues.

The community at Motala lies on the far side of Pinetown, stretching between a largely Indian settlement of tin shacks and shacks for blacks, which cling to the side of a nearby hill.

Driven by courageous women like Shamita Naidoo and Louise Motha, the community has fought off evictions and attacks from the local capricious landlord. Most recently, a member of the Abahlali Youth League, Bongo Dlamini (who tragically died last month) built a much-needed creche for the children of Motala.

Joe Slovo lies just beneath Lamontville township. Just visible through the trees beyond the houses, the N2 flows into the city. Mama Kikine and Busisiwe Gule have seen the settlement change beyond recognition over the past few decades. The initial shacks were hidden among the foliage and tolerated by nearby houses, who offered shack dwellers ad hoc work. Numbers grew as locals came to escape the violence in the nearby township.

Most recently, the settlement was upgraded, as “matchbox” government housing replaced the original shacks. As with many projects, however, allocations were skewed by corruption and confusion.

Several residents still carry slips bearing the promise of their new houses, where others now live. Despite contesting the allocation in court, these residents are forced to remain in their shacks, under threat of eviction.

Many face the physical scars of living in shacks for so many years, unable to fully protect themselves against the rain and chill of winter. Some also bear the physical scars of protest.

Mama Kikine’s back is marked by the six rubber bullets fired while she ran away from police, who opened fire on a peaceful protest for housing.

Track the N2 into the city and you will find a much larger informal settlement, stretched between intersecting highways in central Durban. Now infamous, because of the recent attacks, Kennedy Road is home to around 7 000 residents.

The creche, community hall, and Abahlali head office were the beating heart of this community. Abahlali’s computer was often commissioned to write up CVs and job applications for the local community. In their library, books from political giants mixed with community poetry, writing and films.

The vast concrete community hall, built in the early 1990s, was packed out at least once a week by community meetings, with latecomers struggling to stand at the back or spilling out into the fenced banks outside.

Meetings tackled crucial but controversial topics, including settlement expansion, waste collection and shack fires. Contestation was fierce and long, decisions were made and unmade, ideas were tested.

Elections

Elections in Kennedy Road, for Abahlali baseMjondolo and the Kennedy Road Development Committee were similarly squeezed for space.

Myself and two others acting as independent monitors watched as the group nominated three candidates for each post, counting the votes that were subsequently cast.

Allegations have been flying in the recent furore that the KRDC or Abahlali are undemocratic bodies, that the leadership has been self-imposed (or at least self-sustaining) in these communities. That kind of mud is easy to sling but it will not stick on the organisations or individuals who I met.

The leaders of both organisations were tired. Their reluctance (or refusal) to stand for re-election was not born from any false modesty. It was the product of a weariness that stemmed from months (and sometimes years) of endless duties, keeping them from their families and their beds.

One such reluctant leader was Lindela Figlan; totally committed to his community and totally exhausted by the end of his year as head of the KRDC. During the celebrations at his re-election I shook his hand in congratulations … “ah yes, but Sarah” he said, exhausted, “how am I going to get through another year?”

Lindela’s words now appear depressingly prophetic, given the violence that has driven him and others from their homes. In my recent M Phil thesis, I had written of the increasingly co-operative, constructive relationship that was being built between Abahlali, the KRDC and key members of the municipality.

The nascent dialogue being established was a symbol of hope; a sign of what a new South Africa, with all its complexities, could be.

The eruption of fear and the fracturing of lives that has followed the attacks in September are a stark reminder of the past from which we hoped we had escaped.

# Cooper-Knock is a PhD student at Oxford University who spent nearly three months in Durban studying relations between informal settlements and the municipality.

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Celebrating Our Court Victory – Reflecting on our Struggle

Landless People’s Movement (LPM)

Celebrating Our Court Victory – Reflecting on our Struggle

All are welcome to join us this Sunday 15 November at 10am in Soweto, Protea South, Peace Makers Ground. We will be celebrating and reflecting on the meaning of our court victory.

Background: In 2004 we, the LPM, began a relentless battle to defend ourselves from evictions in Protea South, an informal settlement in Soweto. We organised several marches and pickets over the past several years, and we submitted memorandums to the Premier and MEC of Housing but these officials refused to address our demands. We were ignored by our local council and, in some instances, the police resorted to repressive tactics, and even torture, to undermine our struggle.

In 2008, we embarked on a legal route to assist in our struggle. On the 4th August 2009, we finally won a victory as the Johannesburg High Court stipulated that the government will not move us out of our land in Protea South against our will. We were promised water, VIP toilets, and street lights, and electricity in our shacks. This victory gives us faith that if we push forward, we will prevail. We cannot be pushed around by a local government that we view as being bribed through their salaries, merely to implement decisions made at another level. The councilor feels it has more power to do anything that they want, but we prevailed in the end.

On the one hand, our court victory testifies to our capacity to resist the imposition of the top-down development plans of the government. On the other, we have not been released from the fundamental oppressive systems of power. Indeed, we continue to be brutalised and discriminated against by the police. The willing-buyer willing-seller approach to land distribution by definition marginalises poor people and this approach has not been overturned in favour of a socialist approach that enables all people to access and make use of the land. Our victory must therefore also be used as a platform to reflect on our past struggles and the strategies we employ to improve our lives and the lives of all poor people across South Africa.

For more information or to provide solidarity or support, please contact:

Maureen, LPM Chairperson 082 337 4514
Or Maas, LPM Secretary 079 267 3203

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Hundreds protested yesterday in Mandela Park

Anti-Eviction Press Release
On behalf of Mandela Park
Thursday 12 November 2009

Hundreds protested yesterday in Mandela Park after assault by Chippa security guards. Demonstrations to continue…

Click here for some photos of last night’s mass protest.

Yesterday morning, two Mandela Park residents were assaulted by four Chippa security guards at the instruction of the local SANCO chairperson. The two residents along with 7 witnesses went to the police station to lay a charge against the guards. As retribution, the local SANCO chairperson laid a counter charge of intimidation against one of the residents who he ordered to be assaulted – backyarder Khaya Xintolo. Khaya was then arrested and kept in police custody for more than 11 hours even though the detective himself admitted that there was no case against Khaya.

Khaya was reluctantly allowed to leave after fellow backyarders demanded his immediate release. He will appear in Khayelitsha Magistrates Court at 9am this morning. Mandela Park residents will be present in numbers to support Khaya and to testify against the SANCO chairperson and the Chippa security guards.

Yesterday evening, more than 300 residents took to the street. We staged a strictly peaceful protest (but some residents warn that the patience of the community is running out). We roamed through most of Mandela Park for many hours singing and toyi-toying.

The protest was in part a response to the continued violence and intimidation against community activists by police, security guards and the SANCO affiliated leadership. But the protest was also to demonstrate our grievances and to let the government know that they must not ignore the residents of Mandela Park. There is still a serious housing crisis here in Mandela Park.

MEC Bonginkosi Madikizela has lied to us over and over. Yesterday he gave houses to people from Gugulethu but ignored promises made to our own community. Yesterday, our protest was to let Madikizela know that our patience is running thin and that he better start addressing our Constitutional right to housing. Mandela Park is a ticking time bomb and the MEC is making it tick even faster each time he lies to and misleads residents.

For more information, contact:

Sluja at 071 433 1101
Nosipho at 073 587 8980
Loyiso at 073 766 2078

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CSD Supports the AbM Call for an Inquiry into the Attack on AbM

STATEMENT FROM THE CENTRE FOR THE STUDY OF DEMOCRACY

CALL ON THE STATE PRESIDENT TO RESTORE THE CREDIBILITY OF OUR DEMOCRACY BY ESTABLISHING AN INDEPENDENT COMMISSION OF INQUIRY INTO VIOLENCE AGAINST SHACKDWELLERS IN DURBAN

THE credibility of our democracy will remain under a cloud unless an independent Commission of Inquiry into the recent violence at Durban’s Kennedy Road informal settlement is appointed. This was the unanimous view of participants at a meeting of citizens’ organisations and academics held in Johannesburg this week and convened by the Centre for the Study of Democracy at Rhodes University and the University of Johannesburg.

The Centre called the meeting out of a concern that the violence, directed at leaders and members of the Abahlali baseMjondolo (AbM) shackdwellers’ movement, was politically motivated and designed to drive the movement out of the informal settlement because it was seen as a rival to the African National Congress (ANC) in the area ,and because it had launched a Constitutional Court challenge to provincial legislation which gives the provincial government wide powers to force landowners and municipalities to evict informal occupiers. The Centre is particularly concerned that the attacks on an independent and peaceful citizens’ organisation have been effectively endorsed by the KwaZulu-Natal MEC for Community Safety, Mr Willies Mchunu, and by senior officials of the provincial government. This reinforces the impression that a provincial government is attempting to silence a critical voice in violation of core democratic values.

Discussion at the meeting heightened this concern. The president of AbM, Mr Sbu Zikode, and other leaders of the movement, described how they had been driven into hiding and were now forced to conduct their entirely lawful activities in Kennedy Road in secrecy. AbM leaders told the meeting that they were now forced to operate much as underground anti-apartheid activists had been forced to do before South Africa became a democracy. While our Constitution guarantees every citizen freedom of speech and association and the right to use the courts, AbM appears to have been denied the first and to have been punished for exercising the second. Further, AbM argued that those who have been arrested for their alleged involvement in the attacks and denied bail, are actually victims and are, in effect, political prisoners.

Academic analysts who delivered presentations pointed out that democracy is meant for all citizens, not simply for those who are well-heeled and well-connected. If basic democratic rights are denied to shackdwellers, they warned, South African democracy is in great danger. If citizens in the suburbs are allowed to speak their mind and criticise government actions and policies but those in the shack settlements are not, our country will, they suggested, lapse back into what it was pre-1994, a state in which some enjoy the right to speak but others do not. The allegations raised about the Kennedy Road violence are therefore extremely serious because they suggest that the democracy which so many fought so hard to achieve is now in danger because some political power-holders are not prepared to tolerate peaceful and legal citizen action if they feel threatened by it.

Participants were obviously aware that the allegations about events at Kennedy Road remain untested. But all agreed that, given their seriousness, they need urgently to be tested. They added that that the best way to ensure that this happened would be support AbM’s call for an independent and neutral inquiry into the events. At present, a Task Team comprising those who are alleged to be complicit in the attacks has been given the official mandate to investigate. This is obviously unacceptable. The inquiry must be entirely independent and its impartiality should be beyond reproach.

We therefore urge the State President to demonstrate his and government’s commitment to democracy and concern to protect the rights of citizens by urgently appointing such an inquiry.

Prof Steven Friedman
Director
Centre for the Study of Democracy
Rhodes University/University of Johannesburg

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Ruling in Abahlali case lays solid foundation to build on

http://www.businessday.co.za/articles/Content.aspx?id=85924

Ruling in Abahlali case lays solid foundation to build on
Marie Huchzermeyer
Published: 2009/11/04

ABAHLALI baseMjondolo hit the headlines recently. First, attacks on Durban’s Kennedy Road informal settlement drew a ground swell of newsworthy international condemnation, including a statement from US intellectual Noam Chomsky. A week later, media reported on the outcome of Abahlali’s Constitutional Court appeal on the KwaZulu-Natal slums act.

What is Abahlali? And was anything really noteworthy about the ruling?

Abahlali, a shack-dwellers movement that started in Durban in 2005, is a deeply democratic, nonpartisan political organisation. Its elected leadership makes itself accountable to its membership through regular consultations with its structures on its every move. Its central concern is to secure participatory informal settlement upgrading for its members.

Abahlali has built a sympathetic network of support among a small group of faith-based organisations, legal entities, nongovernmental organisations and academics. Its website keeps overseas sympathisers abreast. However, Abahlali remains independent, cautious that its struggle not be “gentrified” or utilised for the realisation of middle-class agendas. This has gained the movement enemies in the much romanticised realm of “civil society”.

Its other enemies are in the increasingly autocratic local structures of the African National Congress (ANC), which find it hard to distinguish themselves from the state.

Abahlali’s approach to engaging the state is to exhaust other democratic avenues, before resorting to legal action and, where appropriate, peaceful protest.

In the case of the KwaZulu-Natal Slum Elimination and Prevention of Re-emergence of Slums Act, Abahlali requested participation in the mandatory public hearings on the bill. The provincial legislature reluctantly conceded, but dismissed all of Abahlali’s submissions (and many others) and enacted the law irrespectively.

Immediately, Abahlali’s members felt more vulnerable, as section 16 of the act gave the housing MEC the powers to make it mandatory for landowners and municipalities to institute eviction proceedings. The act undermined tenure security for all informal settlement residents in the province.

Abahlali then sought legal representation. With legal support sourced within its sympathetic network, Abahlali challenged the act in the Durban High Court. An unsympathetic judge dismissed the case.

Abahlali’s appeal to the Constitutional Court raised only two questions. First, was the act concerned primarily with land tenure or housing? If land, the province had no power to enact it. Assuming that the act was about housing, the question then became whether its operative provision — section 16 — was constitutional.

The ruling handed down by Deputy Chief Justice Dikgang Moseneke last month found that the act was primarily concerned with housing, and therefore fell within the legislative power of the province.

More significant was the court’s ruling that section 16 of the act is unconstitutional. This section harked back to a provision in the 1951 Prevention of Illegal Squatting Act, which mandated landowners to evict illegal occupants irrespective of their desperation. It was a very worrying regression in law that needed to be challenged.

In our recent history, some landowners have been sympathetic to desperate households and have consented to informal occupation. In other cases, landowners (including municipalities) have unintentionally allowed informal settlements to emerge.

We have to accept that this is often how the desperately poor get access to land, in some cases well-located land. When this opportunity is closed by decree, then desperate people are even worse off.

This is not to condone conditions in informal settlements. No doubt, our legislation must evolve to regulate and improve the conditions of such occupation. In Brazil, the constitution provides that anyone occupying (a moderate portion of) privately owned land informally for an uncontested period of five years has the right to ownership.

SA needs to go further in ensuring not only legalisation but also servicing, infrastructural integration, access to social facilities and housing. In short: proper upgrading.

The focus of section 16 was not on upgrading informal settlements. Instead, it equated the elimination of slums with the eviction of people living in them and was intended to make this much more frequent and easily facilitated. Abahlali’s victory was to ensure section 16’s deletion from the statute books before it could do any real damage.

Of course shack dwellers’ struggles do not end here. Collectively, we need to find ways to ensure that relevant provisions in existing legislation and policy are consistently implemented, especially insofar as they promote upgrading. It is also important to propose policy and legislative changes that don’t take us back to an apartheid-era attitude to informal settlers, but take us forward.

Some argue that the ruling is insignificant because living conditions remain the same as before. But what is different since the judgment is that the fear of unfair eviction is removed for shack dwellers in the province.

But it is removed only in law. Expecting this judgment, the local ANC has unlawfully evicted Abahlali from its base in Kennedy Road. Since the judgment, this hatred has intensified and severe intimidation of Abahlali activists, including death threats and arrests, has spread to other settlements.

Abahlali activist Zodwa Nsibande, a part- time student at Wits University’s School of Public and Development Management, was publicly threatened for her comments on TV about the judgment.

A sympathetic commentator has suggested that the “Constitutional Court is just about the only place (Abahlali) are not being beaten up, criminalised, evicted and blamed for the state’s own failure to make good on its promises”. And that is the issue that South African society, including ANC leaders, must be concerned about.

Collectively, we must also note that the judgment goes beyond restoring the “dignified” legal framework (as the judgment calls it), which has been evoked successfully in defending many an unlawful eviction since 1994. It underlines — and for the first time cements into law — provisions of the much ignored Upgrading of Informal Settlements Programme, introduced into the national Housing Code in 2004. Moseneke states clearly that “the owner or municipality may only evict as a matter of last resort and after having taken all possible steps to upgrade areas in which homeless people live”.

Further, “eviction can take place only after reasonable engagement…. This of course means that no evictions should occur until the results of the proper engagement process are known. Proper engagement would include taking into proper consideration the wishes of the people who are to be evicted, whether the areas where they live may be upgraded in situ; and whether there will be alternative accommodation.”

The Constitutional Court has once again underscored that informal settlements need “proper” treatment. The ruling states unambiguously what this means. It is now up to all of us to ensure that this is realised in every informal settlement in SA.

There is no other way under South African law that informal settlements can be made a thing of the past.

* Huchzermeyer is from the School of Architecture and Planning at Wits University.

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Democracy is on the Brink of Catastrophe

Rhodes University, 30 October 2009

http://www.ru.ac.za/modules/blog_include/blog_content.php?blog_id=756

Democracy is on the Brink of Catastrophe

The road to real democracy has not been easy to those who are still searching for the truth in it. It is like the long road of Abahlali baseMjondolo to the Constitutional Court. Democracy means different things to different people. To some leaders democracy means that they are the only ones who must exercise authority upon others. For some government officials democracy means accepting anything that is said about ordinary men and women. With the attack on Abahlali baseMjondolo in Kennedy Road we have now seen that this technocratic thinking will be supported with violence when ordinary men and women insist on their right to speak and to be heard on the matters that concern their daily lives. On the one side there is a consultant with a laptop. On the other side there is a drunk young man with a bush knife or a gun. As much as they might look very different they serve the same system – a system in which ordinary men and women must be good boys and girls and know that their place is not to think and speak for themselves.

It must be remembered that we have no world without families, without neighbourhoods and without nations. If democracy is to be a living force it must be a reality in the real world of our lives. Therefore there is no democracy in settlements like Kennedy Road if residents are forced to take instruction from party politicians, while those who refuse to take such instructions are attacked and killed. The attack on Abahlali in Kennedy Road was an attack on our democracy.

We must be clear that our democracy is not perfect. It is a democracy of the few, for the few and by the few – a democracy for the rich and by the rich. It is a class democracy, a democracy that criminalises our believable movement and most movements of the poor and by the poor. It is a democracy that does not only protect the interests of its champions but leaves its ordinary members to rot in jondolo (shacks), substandard housing and the life threatening conditions that are found in places like the Kennedy Road settlement.

Our democracy has failed the poor. Therefore it is our responsibility to make it work for the poor – to turn it into a living force in the lives of the poor by building the power of the poor and reducing the power of the rich. We need to struggle to democratise all the places where we live, work, organise, study and pray. The solution to the fact that our democracy has failed the poor is not to attack democracy from above.

The attack on Abahlali members, its leaders and its offices in the Kennedy Road settlement on the 26th of September 2009 has been a wakening call that our democracy is on the brink of catastrophe. A catastrophe in which no man or woman may be able to rebuild or connect the spirit and soul of our humanity.

Abahlali have been attacked because it has organised the unorganised, it has educated the so called uneducated, it has given voice to the voiceless. Our movement has forced the senior officials to investigate their own employees on all allegations of misallocation, mismanagement and corruption in the delivery of housing and in tender issuing processes. Abahlali have stopped most evictions in the cities where we have members by protesting and taking some municipalities and some government departments to court. We have taken the provincial government of KwaZulu-Natal to the Constitutional Court.

Our attackers are very rich and are using the tax payer’s money to carry out the attack. They even remote the attack from a distance so that the poor can been seen to be fighting amongst themselves. We have seen in the past how the poor have been made to turn their anger against their fellow brothers and sisters without sound and able reasons. This is catastrophic and must be stopped now.

The poor must be allowed to seriously engage on the issues that make them poor. They must be supported in all efforts and methods by which they intend to liberate themselves. Everyone has a role to play, be they rich or poor, in shaping this country in to one that immediately begins to respect and look after its poor of the poorest as we move to an end to poverty. The land and all other resources must be shared equally; the laws must apply to everyone including those who make them. The concerns of the poor must be raised loud enough to be heard without fear or fever. The poor must be allowed to determine their own future without allowing party politic to mislead our generation.

The Constitutional Court ruling in favour of Abahlali means that a people’s democracy will not be undermined at every turn. It means that forced removal to transit camps can no longer be considered as the delivery of adequate and alternative housing as was a provision of the already buried Slums Act. Abahlali have always been open to free discussion and have always promised to return every meaningful engagement by the state with a meaningful contribution from below. Despite all the attacks on our movement and the long road to the Constitutional Court the ruling of the Constitutional Court in favour of Abahlali means that while party politic is trying to bring our democracy to the brink of catastrophe the Constitutional Court recognises our humanity and it recognises that the poor have the same right as everyone else to shape the future of the country. We encourage everyone who believes in real equality before the law and all democrats to refuse any form of attack on our democracy -a democracy fought very hard to be won. Let us do whatever it takes to protect our children, our nation and our world.

I take this opportunity to share with you how disturbing and difficult it is to be forced to exile in your own country. I and many leaders of our movement have been made refugees in our own country, in our own province, in our own city, in our own settlement. Our families, including our children, are going through a very difficult time. Some of them have been admitted in hospitals because they cannot cope with the trauma. The state has not responded with any relief for those whose homes were burnt down and who were made homeless by this attack. The state has not condemned our attackers. The state has not arrested anyone from our attackers but continues to threaten our members in the courts and outside the courts. We continue to receive death threats. We are even threatened with death in court whenever we attend the bail hearing for our members. On behalf of Abahlali I also take this opportunity to express my deepest gratitude to all of you who have supported our movement in this difficult time, through writing solidarity statements, through demonstrations, through the collection of donations etc. I thank all those of you who have made written submissions to oppose the already buried Slums Act. A celebration of our victory is starting on Sunday, 01 November 2009 by slaughtering of a cow. You are all invited to join us in our celebration of this important victory on the long road to land and freedom. You are all welcomed.

I thank you all.

S’bu Zikode

Shamita Naidoo and S’bu Zikode spoke to the topic of ‘Democracy is on the Brink of Catastrophe’ at a seminar held at Rhodes University by the Faculty of Humanities and the Women’s Academic Solidarity Association on Friday 30 October. Not everyone could be accomodated in the room and a number of people had to be turned away. S’bu’s talk is below. Shamita did not bring a written version of her contribution but a transcription was typed up and will be available shortly. Abahlali baseMjondolo were joined at the talk by the Unemployed People’s Movement from Grahamstown and spent Friday afternoon with the movement in the Vukani settlement where they saw the atrocious conditions there including pre-fabricated houses that have rotting floors after less than a year; RDP houses, also less than a year old, built (like in Durban) on a slab and without any foundation, with asbestos roofs (many of which have blown off in full or in part), walls with cracks so big that you can put your first in them, large gaps between walls and roofs, walls that have blown over the in the wind and walls that shake when you bump them. People will die in these houses in the winter and it is inevitable that people will also be killed when these houses collapse on to them. For comment on the situation in Vukani or the work of the Unemployed People’s Movement in Grahamstown contact Ayanda Kota on 07825 6462.

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Celebrating Our Victory Against the Slums Act

Abahlali baseMjondolo Press Statement
29 October 2009

Invitation to the Celebration of the Abahlali baseMjondolo Victory Against the Notorious and Now Buried Slums Act

On 14 October 2009 the Constitutional Court ruled against the KwaZulu-Natal provincial government and in favour of Abahlali baseMjondolo. The court found that Section 16 of the Slums Act was unconstitutional and invalid. The Slums Act now has been struck down.

Abahlali baseMjondolo will be holding a celebration of our victory against the Slums Act this Sunday, 1 November, at 9am. The celebration will take place the Richmond Farm Transit Camp. All progressive communities, journalists and members of the public are welcome.

Reasons for Choosing Richmond Farm Transit Camp as the Celebration Venue

The Richmond Farm Transit Camp has been chosen as the venue for the celebration because we are determined to ensure that this victory in the Constitutional Court against the Slums Act also marks an end to such transit camps (also knowns as amatins, TRAs and decant camps) which undermine our human dignity.

We have said, since the very first introduction of the Slums Act as a provincial bill, that transit camps are not temporary. Transit camps are being introduced to people as ‘temporary accommodation’, but on the ground people are staying in transit camps for much, much longer. People moved to transit camps are staying there for two years, ten years, or even longer. That shows the government does not know the meaning of temporary and that that the government cannot recognise our humanity. Transit camps are not a way to house the poor. They are a way for the government to expel the poor from the cities.

The people of Siyanda were forced to accept a legal eviction from their shacks to the Richmond Farm Transit Camp. They were not supposed to stay at the Richmond Farm Transit Camp for more than a year. This one year time limit is a negotiated, legally binding agreement made in court. In spite of this legally binding agreement, it is already the tenth month since the people of Siyanda have been living in the Richmond Farm Transit Camp. And, in spite of this court agreement, there is still no progress on when, where or how the people of Siyanda will be moved into houses. This is in spite of the fact that the eThekwini Municipality and the Department agreed, in court, to a one-year time limit. And yet the government has done nothing about their houses, and has said nothing about where their houses will be.

For all these ten months, the people at the Richmond Farm Transit Camp still do not have working toilets. They still do not have working taps for water. They still do not have security. In fact, people are being attacked everyday by criminals, especially when they are coming from work.

The eThekwini Municipality and the Department of Transport swore by an oath of the court that there would be adequate services and a time limit in the transit camp. But we can see that even when the government swears to a binding order of the court, and by the law of the land, they do not comply. And again it should be remembered that before the people of Siyanda were forced from their self-built homes, they had electricity, they had water, and there was no fear of being victims of crime as compared to the transit camp. Their shacks were also much bigger than the tiny accommodation in the transit camp. They had more privacy and they had space for small businessness, gardens and chickens.

It is for all these reasons that we are holding our celebration of the Slums Act victory at the Richmond Farm Transit Camp. We wish to bury the transit camps with the Slums Act and holding our celebration at at transit camp will remind us and show others what we are against and why. It will also show the people in this transit camp that although the government has forgotten them Abahlali baseMjondolo has not forgotten them.

Background of the Journey from the Shacks to Constitutional Court

1. Community Analysis

It has to be remembered that in 2007 Abahlali created a reading group and democratically elected a task team to analyse and discuss the content of the Slums Bill before it was passed as provincial legislation. Abahlali not only had a series of meetings at Kennedy Road to analyse the Act, but also held community meetings in each and every area to discuss it. This was so it could be further analysed and understood by each and every member who is living in a shack settlement. To see what the aim of the Bill was, and the feelings and analysis by the people, please see our first, original press statement.

During these discussions in all Abahlali areas, we felt that the aim of the Bill and the feelings of the people were in contradiction. This is because the feelings of the people were for their communities, the places where they stay, to be developed. The aim of the Bill, however, was to “eradicate” or “eliminate” their communities. People want development, not “eradication” or “elimination.” They do not want transit camps in faraway places. They do not want to be moved at the whim of the MEC, or municipality. The people who founded our settlements occupied land in the cities for good reasons. We are urbanites. We do not want to be ruralised in the name of ‘development’. We are resolved to defend our right to the cities.

2. The So-Called Public Participation Process

In 2007, soon after we held our own community discussions about the Bill, the KwaZulu-Natal legislature came to the shack settlements.

It was interesting to see the KwaZulu-Natal legislature coming to the shack settlements to hold public participation hearings about the Bill. A public hearing was held in Kennedy Road. When the legislature came to Kennedy Road, it was the first time we had seen them in the shacks. They came with heavily armed and intimidating police, even a police helicopter, and bussed in ANC members from other areas. It was like they were going to a war when in fact the were supposed to be coming for a discussion.

We mobilised at the Hall. We mobilised against the Slums Bill. But this mobilisation was used to justify that we had agreed on the content of the Bill! People were not allowed to raise their own feelings about the Bill, they were not allowed to use the microphone in the Hall, unless they could quote from the text of the Bill.

This was the so-called public participation process of the Slums Bill. But this was not a public participation process, with meaningful engagement. This was another lie of our democracy. The legislature that came to Kennedy Road were doing this just because the law requires them to vet the Bill in the communities, but the concerns and analysis of communities were not taken into consideration. Once again it was made clear that our role is to listen and not to think.

Abahlali made it clear that we were opposed to the Bill at the so-called public participation process. A week later, we were invited to Parliament, where the Bill was passed without the will of the people. The Bill was passed, in front of us, without us even having a chance to speak. So our invite was meant to justify the passing of the Bill. Our invite and so-called participation was meant to justify the passing of the Bill against the will of the people.

3. From Shack to The Durban High Court

It also has to be remembered that Abahlali opposed the Slums Act in the Durban High Court in 2008. When we went to the Durban High Court, ‘comrade’ Judge President Tshabalala found that the Act was consistent with the PIE Act and that, in fact, the province had taken a positive initiative in the making of this kind of law. He said the province should be applauded for the work it had done. The ‘comrade ‘Judge said that the province, through the Act, was dealing with the land and housing issues, and that the province had the power to pass such legislation. This is how the comradism of party politics works.

When Judge Tshabalala found in favour of the government, a decision which has since been overturned in its entirety, we had a number of debates on the radio and in the press. One of our young members were threatened by government officials after speaking on the TV news. They arrived in their 4X4s and promised to make sure that she lost her job.

Now that the High Court decision has been overturned, and Abahlali has won in the Constitutional Court, and Section 16 has been declared unconstitutional, and the Act has been scrapped, nothing is happening on the radio or in the press. So we call upon the very same radio stations and press who rushed to give the government space to discuss their victory to also provide us a space for public debate about the case.

After the Slums Bill was passed officially into legislation as the Slums Act, the municipality used the Act to justify evictions across the province. Evictions of communities such as KwaManciza (Ntuzuma), and other areas, were justified under the Slums Act.

And we believe that the municipality may still use it to justify evictions in areas that do not know about our victory over the Act. The municipality has always broken the law with regard to evictions, and we fear that they will continue despite the court ruling. Obviously our task as a movement is to inform communities about the outcome at the court and the meaning of this historic court ruling.

4. From the Shacks to the Constitutional Court

Abahlali were confident that this Act was unconstitutional, and so our appeal against the finding of the ‘comrade’ judge was taken straight to the Constitutional Court. The case was held before a full bench of Constitutional Court Judges. And they were able to find Section 16 unconstitutional. We were vindicated.

On the 14 of May 2009, Abahlali and our partners in the Poor People’s Alliance from across South Africa – the Western Cape Abahlali baseMjondolo, the Anti-Eviction Campaign, the Rural Network and the Landless People’s Movement – mobilised to go to the Constitutional Court to see and to witness the will of the people being brought forward in front of the highest Court in the land. Our partners in the Poor People’s Alliance mobilised not only in solidarity with comrades in KwaZulu-Natal, but also across the country, because the legislation was to be passed in every province in South Africa.

And on the 14 of October 2009, the cries and worries of poor communities across the country were considered. It was the first case of its kind where poor people at a grass-roots level were able to take the government to the highest court against legislation, and able to win the case.

Despite the fact that were told at the last hour on the previous day before the judgment was handed down, we as movement managed to mobilise to go to the Constitutional Court to listen and to witness the reading of the judgment.

Abahlali is facing violent attacks from the ANC. We know that the attacks on our movement were timed to coincide with our victory in the constitutional court. We know that the attackers want us to focus on the violence instead of focusing on celebrating the victory. We know that the attacks were planned to discredit the movement in the eyes of the media at the time of our victory. We know that this was done deliberately so that we would not be able to celebrate our victory at the Constitutional Court. We will claim our victory and we will ensure that there is wide discussion about its meaning and the way forward within our movement and within all the movements in the Poor People’s Alliance

5. The Constitutional Court Judgment

The reason we are having this celebration is that we should avoid misunderstandings of the judgment. The reason we are having this rally of celebration is so that the judgment can be read, discussed and analysed, and a way forward can be given as to the meaning and effect of it. We, there at the celebration, can collectively put together the thoughts and ideas of the people about the judgment and its meaning directly from people who are living in the shack settlements, as well as the rural areas, and provide a way forward, especially because we know that municipalities and private landowners will continue to break the law, or use the buried Slums Act. We will caution communities and think through a way forward.

We need to think and discuss what will happen to the transit camps or amatins because the amatin were a provision of the Slums Act. Now, after the judgment, the future of the amatins, the transit camps, the TRAs, the decant camps are in question.

And yet as we speak, after the attacks at Kennedy Road, the community at Kennedy Road has been threatened that they will now be moved to the notorious transit camps in Chatsworth.

Thanks and Further Invitation

We want to thank all the organisations and academics who made submissions on the Slums Bill, as well as CALS (The Centre for Applied Legal Studies) who represented Abahlali from the Durban High Court up until the Constitutional Court. We most especially want to acknowledge the shack intellectuals who analysed the Act, who compared it with their own living politics, and developed criticisms of the Act, which not only contributed to the case, but formed the whole basis of the case. The analysis and criticism from the High Court to the Constitutional Court is owning to them.

Abahlali will be slaughtering a cow as part of the victory celebration.

Again, progressive communities, journalists, and members of the public, please be invited.

Further Information and Comment

Please contact:

Mnikelo Ndabankulu: 079 745 0653
Zodwa Nsibande: 082 830 2707
Mazwi Nzimande: 074 222 8601

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Police shoot residents in peaceful AEC protest against Gugs Mall

Gugulethu AEC Press Alert
29 October 2009 at 15h30

Police shoot residents in peaceful AEC protest against Gugs Mall

The Gugulethu police interrupted a peaceful protest by the Gugulethu Anti-Eviction Campaign this afternoon. Without warning residents at all, they shot at us with rubber bullets injuring dozens and arresting many others.

The much of the crowd was made up of old women and there were a lot of children also present. A 17 year old lady was shot in the face by the police and is now seriously injured and at the hospital.

At the moment we are not sure how many people have been shot and arrested. We do know, however, that today the police attempted to illegally ban the public protest which has been going on since Monday. From Monday through Wednesday, the police behaved respectuflly and helped escort us when we marched towards the mall. Today, they would not let us march. So a delegation of AEC activists went today to the Civic Centre in Cape Town to get a permit but we were prevented by police from entering the Civic Centre.

Why this sudden shift today in the way the police are treating us?

What we do know is that business tycoon Mzoli Ngcawuzele and councillor Belinda Landingwe have deep political connections and close friends within the Gugulethu Police. They have oppressed our movement in the past and shot at us before. They have arrested members of our movement and even physically threatened them through the use of local ANC thugs.

We believe that the police banned our march and then attacked us because we to big of a thorn in Mzoli’s side. We believe that the police attack was orchestrated by Mzoli and Belinda to prevent us from exposing the truth about the corruption and nepotism at the Gugulethu Square Mall. We believe that the police were ordered to attack us because we refused to work with the ANC’s Gugulethu Development Forum which plays party politics with our lives.

We believe that the attack on our movement corresponds with a dangerous trend in South Africa where the police are being militarised and being given political sanction to attack outspoken critics of the goverment such as the Anti-Eviction Campaign and Abahlali baseMjondolo (see Kennedy Road attacks).

Contacts: Malibongwe at 074 639 9551 and Mncedisi at 078 580 8646

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Still No Bail for the Kennedy Road 13 as the Attack on our Movement Continues

Update: The Kennedy Road 13 have now appeared in court on 6 occasions since they were first arrested to request bail. On each occasion there has been a highly intimidatory and armed presence from the ANC, often making open threats of various sorts including death threats. On each occasion the prosecution have not been able to bring any evidence before the court indicating that the accused are guilty of the crimes with which they have been charged. On each occasion a ruling has been postponed while the police have been given more time to produce this evidence. On each occasion they have failed to do so. The next bail hearing will be on 18 November.

Abahlali baseMjondolo Press Statement
28 October 2009

Still No Bail for the Kennedy Road 13 as the Attack on our Movement Continues

The Kennedy Road 13 returned to the Durban Magistrate’s Court on Monday 26 October to hear the verdict on their application for bail. The Kennedy 13 were not given bail and remain in Westville Prison. The magistrate will take a final decision on their application for bail on Monday next week.

Once again the ANC mob had been bussed in and there was a further escalation of threats against us. New people were targeted and threatened with death. Even at the Durban Magistrate’s Court, in full public view, we are not safe and our basic democratic rights to speak and associate freely are being denied.

The threats of death and harm from the mouths and at the hands of self-proclaimed ANC members and officials, which started at the Kennedy Road settlement, has followed us into the Court. The violence and intimidation, which started at Kennedy Road, is not over. It is far from over. It continues. Our movement is still under attack, and our members – in Kennedy Road, and now also in other settlements, continue to be scattered by threats of violence. Even as we declare to ourselves and the world that we will not be silenced by the ANC we continue to live in fear that free speech, free movement and free association could get us killed.

The Secretary of our Youth League has now been forced into hiding after receiving public death threats. Armed young thugs followed her from the Court, to the street, to the taxis, to her home (which is not in the Kennedy Road settlement). This is in spite of the fact that the world is watching the ongoing attack on our movement. In spite of the world watching – in spite of protests at South African embassies, on university campuses, in spite of statements by respected church leaders, the former United Nations Special Rapporteur on Housing, and various human rights organisations, many of us cannot return to our homes, many of us remain in hiding and we must still must hold our meetings in secret. In spite of the the world watching, we cannot go to the court without facing young men threatening us with words or weapons. They bring knobkerries and bushknives to court, and openly boast that they are armed and will kill.

In spite of all this, we hear the ANC at top levels talking about militarizing the police, the same police who have already so often used their weapons against us. In spite of all of this, we hear the ANC at top levels talking about silencing “enemies of the ANC.” We know exactly what they mean as their self-proclaimed members have already tried to silence us. In spite of all this, the ANC at top levels have not condemned the violence and intimidation against our movement. There has not been one statement from the ANC about the fact that we were attacked that night, not one statement about the fact that our leaders have had their homes destroyed and been chased from their community, not one statement about the fact that freely elected community structures have been declared illegitimate because they are not ANC structures, not one statement about the fact that our movement has been banned from Kennedy Road, not one statement about the fact that our leaders, including those outside of Kennedy Road, continue to be targeted. We have not seen one statement from the ANC condemning Willies Mchunu for claiming to have ‘liberated’ Kennedy Road.

We are again calling on the honest and democratic members of the ANC not to be silenced, but to oppose those who corrupt their movement with lies, intimidation and oppression. Honest and democratic members of the ANC are the defenders of their movement, not its enemies. If the honest and democratic members of the ANC do not prevail at this time the organisation will become an enemy of our democracy. We are asking the honest and democratic members of the ANC to support our right to organise independently. We are asking them to defend democracy. We are asking them to defend us.

Yesterday at Court, the ANC again sent two hired buses with people to intimidate us. Most of the self-proclaimed ANC members on the buses were not from Kennedy Road.

Inside the Court yesterday, there was pushing, shouting and shoving – once again, Abahlali members were physically prevented from entering the courtroom.

Inside the Court yesterday, when the judge came in, those from the ANC buses held up signs on big flowchart paper with different colour slogans such as “Asikufuni Zikode Nababulali” (We don’t want [Abahlali President S’bu] Zikode and the killers).

Outside the Court, those from the ANC buses were toyi-toying outside a gate. When our members stood together quietly, far from the gate, to be briefed about the result of the bail hearing, a group from the ANC buses, mostly young men, moved toward us, shouting and threatening us. They came very close. We just stood quietly.

A Reverend from the Diakonia Council of Churches tried to calmly step between us and the young men. He asked them to please be calm and stand back. Some of the young men began shouting at him in English and isiZulu: “You are just an umlungu!”, “You are supporting the killers!” and “We can kill you!”

A woman, who identified herself to the Reverend as a local councilor, was leading the young men. She was dressed in ANC garb head-to-toe. She shouted at the Reverend, and told him it was not a matter of the ANC, but a matter of the community. But she is not Yacoob Baig, the local ANC councilor of Ward 25, where the community of Kennedy Road is located.

If this is ‘just a matter for the community’ what is an ANC councilor from another ward doing with bussed-in ANC members from outside of Kennedy Road and issuing death threats to respected church leaders at Court? What are Jackson Gumede, Yacoob Baig and other ANC officials doing at Court, watching, as men – visibly armed and wearing ANC t-shirts – openly threaten us, calling for the death of the Secretary of our Youth Leauge, our Women’s League Chairperson, and our other leaders? Why are AbM leaders from outside of Kennedy Road being threatened? Why is S’bu Zikode being targeted when he was not even in Durban on the night of the attack on our movement? It is completely obvious that the ANC is waging a political attack on our movement.

Mr. Mchunu we need an urgent and genuinely independent and credible investigation into this attack. Our demand is for openness and fairness. How can you deny this demand? If you continue to deny this demand how can you expect people to not conclude that you have something to hide? It is obvious that the ANC cannot investigate themselves. There has to be a genuinely independent and credible investigation into this attack. Mr. Mchunu, if you want to be the Minister for the Safety and Security of all people and not the Minister in charge of attacking the people who have embarrassed the ANC then we need you to start calling for an independent and credible investigation into this attack as soon as possible.

For further information please contact:

Reverend Mavuso: 072 279 2634
Shamita Naidoo: 074 315 7962
Mama Nxumalo: 076 333 9386

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In solidarity with Abahlalibase Mjondolo (AbM) 4

Click here to read Jacques Depelchin’s first three letters on the attack on Abahlali baseMjondolo.

Dearest Friends,

Like many people in South Africa and around the world, I am still stunned by what has been done to the people living at the Kennedy Road Settlement in Durban.

From 2005, AbM seems to have managed to overcome many obstacles, but, or so it seems, it has not been able (yet) to overcome the biggest one, namely appearing to be giving a lesson in emancipatory politics to the ANC.

Since assuming power, it seems that there are members of the ANC who seem to have forgotten the role played by ALL the people, but especially, the poorest of the poorest, in propelling the ANC to power. This forgetting could have lethal consequences, not just for the PoPs, but also for every citizen in South Africa and beyond. In the history of emancipatory politics, from slavery to today, the enslaved, the colonized, by definition, must never ever free themselves. Should they try and, worst of all, succeed, those in power shall quickly “put them back into their place”. In retribution, more often than not, this trespassing act, or so considered by those in power was followed by the most severe of punishments, preceded, if necessary, by torture. Since 2005, AbM has been giving lessons on emancipatory politics to a party in power which, directly or indirectly, claims to be the only one to know how to bring about emancipatory politics. Other historical examples are too numerous to list, but let us start with one of the most notorious:

Toussaint-L’Ouverture and the Africans of Santo Domingo of which AbM could claim to be a descendant since the poor of today are being treated like the slaves of the past. The sin of Toussaint and his comrade in arms was to succeed where the slave masters insisted they could not possibly do. For the slave masters, by definition, enslaved Africans could not possibly organize their own emancipation. For them, such a feat required the kind of intellect and organizational skills which the enslaved could simply not have, by virtue of being Africans and enslaved.

From the available information, it seems that the greatest sin of AbM has been to outsmart the ruling party in an area (politics) in which it considered itself unbeatable, unchallengeable. The behavior of the party clearly shows that some within the ANC felt that AbM had to be put back in its place. Ever since 2005, various methods have been tried and they have all failed. AbM and its leadership became more popular as some within the ANC became more agitated at not being able to outperform AbM in an arena the ANC considered to be its own turf. And to make matters worse, the AbM outdid the ANC using politics in a way the ANC has systematic failed to do, i.e. consult with the people all the time, not just at election time, and, all the time respond to the needs of the people, while treating them with the respect due to equals.

In Haiti, the success of the Africans was followed by withering punishment, individual and collective, and still unfolding to this day. It was crucial for the French state (and its allies) to do everything for Haiti never to be a functional state. As Peter Hallward showed in his book, the Africans were forced to pay compensation to those who lost their property (slaves and plantations). The payment took place from 1825 through 1946. When President Jean-Bertrand Aristide pointed out that that compensation money had to be restituted, France balked at paying back what had been calculated to amount to 20 billion Euros. Meanwhile, France had passed the Law Taubira, making slavery a Crime Against Humanity, but stipulating, at the same time, that such a recognition did not imply reparations. President Jean-Bertrand Aristide insisted that restitution was not reparation.

Those who have vowed to continue the fight started by the Africans more than 200 years ago are still being harassed and tortured as demonstrated by the current military occupation of Haiti by the UN, and the kidnapping of people like Lovinsky Pierre-Antoine simply because they keep calling for the return of President Jean-Bertrand Aristide. (Pierre-Antoine was “disappeared” in Port-Au-Prince in August 2007).

Other examples are the Native Americans in all of the Americas, but, in particular, in the US. For having resisted the occupation and then the stealing of their land, the Native Americans have paid, and continue to pay a price difficult to imagine for anyone who has not visited any of the Reservations to which they have been restricted.

For now, let me stop here and bring out more examples later on.

Again dear members of AbahlalibaseMjondolo we shall never thank you enough for standing up for those of us who do not have your courage. Thank you for spelling out patiently, non violently, persistently the principles of emancipatory politics. Thank you for your prescriptions on the South African State. Thank you for your fidelity to humanity.

In solidarity,

Jacques Depelchin
13-Oct-2009

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Street Vendor’s Support for Shack Dwellers

21st October, 2009: Durban – South Africa

STREET VENDORS’ SUPPORT FOR SHACK DWELLERS

StreetNet International, leader of the World Class Cities for All (WCCA) campaign for inclusive urban planning and preparations for the 2010 FIFA World Cup, congratulates WCCA Campaign Partner organisation, Abahlali baseMjondolo, on their successful Constitutional Court challenge to declare invalid Section 16 of the KwaZulu-Natal Elimination and Prevention of Slums Act.

Street vendors and shack dwellers have been seeing an increase in evictions from their homes and their workplaces, intensifying in the run-up to the 2010 FIFA World Cup. Participatory development plans are being scrapped at a rapid rate as the fever to make profits out of the 2010 FIFA World Cup takes hold of government (including local government) and the private sector.

StreetNet wishes to recognise the positive contributions made by Abahlali baseMjondolo, as a progressive civil society social movement, to improving the lives of the most marginalised people in South Africa. According to the Natal Mercury (15 October 2009) “the challenge to the act was brought by Abahlali baseMjondolo (shack dwellers’ movement) and was seen as a victory for all those living in shacks, as the KZN act was widely regarded as a blueprint for similar legislation in other provinces.”

Not many South Africans noticed in April 2008, when a wave of attacks broke out against foreign nationals in informal settlements in Johannesburg and Cape Town, members of Abahlali baseMjondolo went tirelessly about the informal settlements of Durban where they had members, addressing their members and urging them not to think of doing the same in their areas, pre-empting the possibility of widespread xenophobic attacks in these areas.

Abahlali baseMjondolo’s invaluable social contribution was greatly under-appreciated at the time, as attacks against foreign nationals were eventually far less widespread and on a smaller scale in Durban than Johannesburg and Cape Town.

It was with great distress that we received reports of attacks on shack dwellers in Kennedy Road in Durban on the 26th September 2009, resulting in the deaths of two, displacement of many shack dwellers, and death threats against Abahlali baseMjondolo leaders forcing them to go into hiding. Reports about the 20-hour battle which followed the first attacks were confused and contradictory, and many people tried to politicise the incident and its aftermath.

But what is clear is that it is not acceptable for leaders of a civil society organisation struggling to ensure that shack dwellers enjoy the constitutional rights to which they are entitled, making a major contribution to the peaceful co-existence of shack dwellers of South African and foreign nationalities, to be forced into hiding in a democratic country.

As Abahlali baseMjondolo (like StreetNet International) is a respected organisation in the international civil society movement, their international partners War on Want, Domestic Workers United, New York Poverty Initiative, and Picture the Homeless drew the attention of the world to the 26th September attack and its aftermath, and the fact that Abahlali baseMjondolo leaders are still in hiding. In addition to extensive internet publicity, which has become an effective weapon in all international working class solidarity campaigns, demonstrations were organised outside the South African Embassies in London and New York.

StreetNet International calls on all progressive working class and civil society organisations in South Africa to support the positive work being done by Abahlali baseMjondolo, and to make all efforts to ensure that the democratic rights of the Abahlali baseMjondolo leaders to live freely in their communities and afforded the necessary protection against death threats against themselves and their families.

Pat Horn

International Co-ordinator

Tel. 031 201 3528 (h)
076 706 5282 (cel)

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Party Politic Vs Living Politic in Kennedy Road

Click here to read the version of this lecture published in The Witness.

University of KwaZulu-Natal Forum Lecture
Thursday 22 October 2009

Party Politic Vs Living Politic in Kennedy Road

The Kennedy Road settlement, like all other Abahlali baseMjondolo settlements, has been embarking on a living politic.

This politic is a living politic because it talks about the realities of our democracy – a democracy that serves the interests of a minority while the majority our people continue to live and to die in inhuman conditions.

Our living politic talks about the fact that shack settlements have been denied life saving basic services such as water and sanitation. It talks about the fact that there is no road access, no refuse collection and no electricity. It talks about the fact that people’s lives need services like electricity.

It is a politic that talks about the fact that the intelligence of the majority has been denied while all decisions are taken by a minority.

It is a politic that says that everyone has been created in the image of God and that therefore we are all equal.

It is a politic that says that everyone in our society counts be they rich or poor and without regard to what language they speak or to where they or their ancestors were born.

It is a politic of truth that can be seen by anyone driving through Kennedy Road. Anyone can see that poverty, unemployment and hopelessness remain a challenge. It is a fact that cannot be denied that crime remains high and that ethnicity – the politic of some that is used to attack the politic of all – remains a challenge.

But the Kennedy Road Development Committee (KRDC) and Abahlali baseMjondolo have been working very hard to build a politic of all – a politic that does not divide the poor.

We have long opposed the criminalisation of all shack dwellers and demanded fair and supportive policing for shack dwellers. When the state stopped criminalising our movement and agreed to negotiate with us after the March on Mlaba in late 2007 we were able to begin negotiations with the Sydenham Police. We eventually developed a partnership to work against crime. This partnership was one of the fruits of our struggle.

All of these efforts of years have been turned into a party politic, a politic from the top down, a dirty politic, a politic full of fear, threats, arrests and death. Therefore what is happening in Kennedy Road is no longer a living politic that starts from the lives and thinking of ordinary people. Most people are confused and frightened. They cannot tell you who is the real enemy or why the poor must now fight the poor. It is a party politic.

The attack on our movement in Kennedy Road was planned at a very high political level. It was planned at a level that has the power to remote the South African Police Services. It was planned at a level that can send war lords to destroy our movement. It was planned at a level that has tax payers’ money to sponsor buses to bring our attackers to court to try and render our comrades accused of murder guilty before they go to trial – to demand that they must not be given bail and must be made to stay in Westville Prison even though no court has found them guilty of a crime.

The reasons for the attack on our movement are simple.

The politicians are trying to hide the simple truth of what has happened and what continues to happen. They are trying to blame those who were attacked by shifting the focus onto the KRDC, onto Abahlali and onto our offices.

The state itself does not talk about the dead people. It doesn’t talk anything about the people who have been displaced. It doesn’t talk anything about the people who have had their homes destroyed. It doesn’t talk anything about the whereabouts of our children, many of whom are schooling. It doesn’t talk anything about the people who threatened with death for speaking the truth about their lives.

The Disaster Management unit in the City has not responded to this crisis because it has been instructed not to respond.

Our struggle was criminalised from 2006 until the end of 2007. But we did not give up. We stood firm confident that our struggle was grounded in the truth of our lives. After 2007 our movement became a platform for poor people to engage the state. We developed some good relationships including with the head of the Human Settlements Department in the provincial government. At our last meeting with her on the 27th of August a task team was set up to investigate the evidence that we had brought forward of misallocation, mismanagement and corruption in housing. As a result of this some high level officials are being investigated as we speak.

By constant struggle in and outside of the courts Abahlali baseMjondolo has successfully stopped most illegal evictions in the City. We insist that good land must be used to house the poor. Others insist that that same land must be used for the rich to become richer. Every time that we stop an eviction we make powerful enemies.

Abahlali baseMjondolo has taken the Provincial Department of Housing to the highest court of our land – to the Constitutional Court to challenge the already buried KwaZulu-Natal Slums Act. We know that this has angered most high profile officials and politicians.

The attack on Abahlali baseMjondolo is aimed at destroying our movement, its leadership, its membership and its head quarters in Kennedy Road. The aim is to replace our elected structures with a ‘comrade KRDC’ that will take its instruction from the party and not from the people – from the top and not from below.

I want to take this opportunity to express some words of gratitude to all of you that have given a moments’ silence to Kennedy Road. I want to thank all of you that have contributed to our struggle from the date when we first made our submission against the Slums Bill up until today. It has been a long journey from the shacks to the Constitutional Court and we have not walked the distance alone.

We have returned home from the Constitutional Court to a war on our movement and on our democracy. I want to thank all of you who have been collecting food hampers, making donations, organising protests and sending statements of solidarity.

I want to thank the Students for Law and Social Justice and all the students and academics around the country that have rallied to support our movement and to defend our democracy.

If the attack on our movement is not resisted there will be new attacks on other movements and other people. When you stand with us you also take a stand for your own future.

S’bu Zikode

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Mercury: Time is perfect for rethink on housing policy

http://www.themercury.co.za/index.php?fArticleId=5210685

Time is perfect for rethink on housing policy

October 21, 2009 Edition 1

Imraan Buccus

THE Constitutional Court has ruled in favour of the application brought by Abahlali baseMjondolo (ABM) and declared a section of the KwaZulu-Natal Slums Act, introduced with much fanfare in 2007, to be unconstitutional.

The judgment means the Act will now not be reproduced in the other provinces, as mandated by the Polokwane resolutions. And, perhaps more importantly, the whole policy of eradicating slums by forcibly removing shack dwellers to peripheral transit camps lies in tatters.

In 2004 the government introduced the Breaking New Ground (BNG) housing policy in the wake of a widespread realisation that post-apartheid housing policy was replicating apartheid social planning.

The new policy allowed for shack settlements to be upgraded on site via participatory development techniques. It was a major break with the tendency to seek the eradication of shack settlements via forced removal to the urban periphery. The policy was welcomed across civil society as a major advance over the first decade of post-apartheid housing planning.

However, with the exception of the innovative deal signed between ABM and the eThekwini Municipality in early 2009, the new policy was never implemented.

The state ignored its progressive new policy and instead returned to the apartheid language of “slum eradication” and the apartheid strategy of forcibly removing shack dwellers to peripheral transit camps.

This was often undertaken with considerable violence on the part of the state.

Shack dwellers’ organisations across the country have opposed the return to apartheid-style urban planning and have often successfully appealed to the courts to stop evictions.

The KZN Slums Act was an attempt by the state to legalise its return to repressive urban planning practices.

The Constitutional Court has now ruled that the act is illegal and made it impossible for the state to legitimate its turn to repressive practices.

The government now has to rethink its housing policy. The obvious solution would be to actually implement the BNG policy.

The deal negotiated between the eThekwini Municipality and ABM between September, 2007 and February 2009 shows that it can be made to work if there is enough political will.

This deal provides for services to be provided to 14 settlements and for the upgrade of three, including the Kennedy Road settlement, via BNG.

ABM’s achievement in stopping the Slums Act in the Constitutional Court and, simultaneously, working out viable alternatives in negotiations with the eThekwini Municipality is a remarkable achievement.

The movement has, like the Treatment Action Campaign (TAC), achieved a fundamental challenge to bad policy and practice.

It has also, again like the TAC, found and perhaps even developed progressive forces within the state to realise its objectives.

Organisations such as the TAC and ABM are precious resources for our democracy. They are both, in different ways, able to speak and act with great effect for groups of people marginalised from mainstream society.

They have, justly, both been celebrated here and around the world for their contribution to human rights. We should all, therefore, be deeply concerned about those who think that the ABM had no right to question authority and to take the government to court.

As the many democrats within the ANC will certainly agree, the kind of engagement that ABM has engaged in is the very stuff of democracy and is the right of any citizen, organisation or movement.

Open debate and judicial overview of key decisions enrich our democracy and are always to be welcomed.

There was also a time when the TAC was under attack from the state. TAC protests were violently attacked by the police in Queenstown and here in Durban and all kinds of slander was circulated about the movement – including the bizarre allegation that a movement that began its work by campaigning against the drug companies was being funded by the same drug companies.

But there is now a broad recognition that the TAC’s challenge to the ANC has resulted in a deep improvement in the ANC’s response to the Aids pandemic.

As the government, hopefully in partnership with civil society, reconsiders its housing policy in the wake of the judgment against the Slums Act, there needs to be a similar recognition of the enormous social value of the work undertaken by ABM.

In recent weeks there has been an incredible outpouring of civil support for ABM across South Africa and around the world.

No doubt this support will step up in the wake of the organisation’s achievement in the Constitutional Court.

Democrats in the ANC need to affirm the right of civil society organisations to freely advance the interests of their members even when this brings them into disagreement with the government of the day.

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Intimidation Continues

This addendum to yesterday's press release was received late last night via cellphone text message from Reverend Mavuso Mbhekeseni. Please contact the Reverend for further details on the threats to the clergy, the chairperson of the AbM Women's League and others, at the court yesterday.

The ANC mob was swearing at us in court saying that we are corrupt church leaders who support criminals. They threatened to catch us and kill us in the city. They said that they would describe us to all their people by the clothes we were wearing. They also threatened the chairperson of the AbM women's league although she was not present at the court. They threatened her by name, shouted and swore at her name, and said that she is a "a thief who wears pants bought with the money from Kennedy Road people." The ANC mob was armed with sticks and other sharp objects. They were highly intimidating and it was clear that their threats were serious – they meant what they were saying.
Reverend Mavuso Mbhekeseni

We also need to note that some of the ANC mob threatened AbM people with knobkerries, that they also claimed to have bush knives in the bus and threatened to kill people leaving the court and that threatening sexual gestures were made against elderly AbM women. One of the mob also openly said that their plan, when they attacked the AbM Youth Camp at Kennedy Road, had been to kill S'bu Zikode. Also, it is clear that the mob confused the chairperson of the AbM Women's League with her daughter – they are threatening her because she spoke on TV after the victory in the constitutional court.

Abahlali baseMjondolo Press Update
Monday 19 October 2009

Kennedy Thirteen Bail Hearing Adjourned

The Kennedy Thirteen appeared in the Durban Magistrate's Court today for a bail hearing. Once again the ANC bussed in its supporters. Once again they were hostile and aggressive and openly threatened to kill the Kennedy Thirteen if they are given bail. The arguments were heard and the decision will be given on Monday 26 October. In the meantime the Kennedy Thirteen will be kept in the notorious Westville prison.

Our movement was vindicated in the case of the Kennedy Six – we will be vindicated in this case too.

For comment on today's bail hearing please contact:

Reverend Mavuso Mbhekeseni: 072 279 2634
Shamita Naidoo: 074 315 7962

Eight More Arrests in Two More Settlements

On Thursday last week there were another eight arrests. Four people were arrested in the Foreman Road settlement and another four in the Arnett Drive settlement. This has extended the current wave of repression against the movement to 3 settlements and brought the total number of arrests to 21.

The police first descended on the Foreman Road settlement where they kicked in doors and arrested 4 people for Operation Khanyisa (i.e. connecting themselves to electricity in a city where shack dwellers have been officially denied access to electricity since 2001). They then went to the Arnett Drive settlement where they also kicked in doors and arrested 4 people for 'drinking in public'. In the previous wave of repression – from 2005 till late 2007 – this charge was often used against the movement. The police act as if a shack is not a private space and then arrest people having a beer in their own homes. This is a very dirty trick aimed at making being poor a criminal offense.

The politics of the poor developed by our movement was criminalised from 2005 till late 2007. Our movement came out of that phrase of repression stronger than we were when it began. We did not give up our struggle. We kept going. And after the March on Mlaba the City realised that it had to negotiate with us. From late 2007 until last month things were much easier in Durban (although not elsewhere) – we were negotiating with the City and making all kinds of progress. But now a decision has been taken to return to repression. We survived the first attempt to criminalise our movement and we will survive this attempt. Every arrest makes the real nature of the state more clear to more people. Every arrest makes the real nature of our democracy more clear to more people. We have no choice but to keep going forward with our struggle. Without struggle there is no hope for us or our children. We cannot accept that. Therefore we will not be defeated.

For comment on the arrests in Foreman Road and Arnett Drive please contact:

Philani Dlamini: 078 583 5451
Mama Nxumalo: 076 579 6198

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The Underside of South African Democracy

The Underside of South African Democracy

Date posted: 13 October 2009
View this article online here: http://www.sacsis.org.za/site/article/368.1

Richard Pithouse

Abahlali baseMjondolo is a shackdwellers’ movement. It was formed by and for shack dwellers in Durban in 2005. Since then the movement has extended to cities like Pietermartizburg and Cape Town. It now has members in 54 settlements.

The movement has campaigned, with considerable success, against unlawful evictions by the state and private landowners. It has also campaigned, with significant although limited success, for access to basic services and for the upgrade of settlements where people live rather than forced removal to houses or ‘transit camps’ in peripheral ghettoes far from work, schools and health care.

The movement has also organised to ensure that poor children can access good schools and that poor people get fair access to policing services. As well as making demands on the state, it has built and run a number of crèches, developed vegetable gardens and set up various education projects and a well-stocked library.

All of this is easily understood in civil society through the languages of ‘service delivery’, ‘popular participation in development’ and ‘self-help’ or, even, ‘social entrepreneurship’. But these achievements are grounded in the sometimes dangerous political work of the movement and this fact has been much more difficult for civil society to grasp.

The movement’s political work is not to compete for electoral office. It specifically refuses electoral politics and aims, instead, to build the power of the poor against that of local elites in and out of the state. This is often dangerous work because in many places in our country democracy remains an aspiration rather than a reality. It is not unusual for poor people to live under the control of local elites who do not allow basic political freedoms.

These authoritarian local elites can be white famers, traditional leaders, gangsters (sometimes masquerading as ‘businessmen’) or party political elites. These various forms of local despotism are often able to exercise a significant degree of control over the local state and its development initiatives and in some cases they can brazenly direct the police as if they were a private militia rather than a public service.

Abahlali baseMjondolo has struggled against all of these modes of local despotism. In many cases the first struggle that the movement has taken up in an area has had to be for the simple right to exist. Although the movement has had important success in these struggles there are a number of areas in which the attempt to create a politics of the poor independent from control by local elites has been effectively contained from the outset or quickly defeated. When the right to an independent politics has been achieved it has often been a fragile opening.

When civil society does recognise that there are spaces of exception where basic democratic rights are not available to all it is often assumed that these spaces will be steadily drawn into the democratic mainstream as ‘democracy is consolidated’. But local forms of despotism are not always a fading hangover from the past. They are often essential and constitutive features of the present.

For instance there are shack settlements in Durban in which there is a long-standing and complete ban on non-ANC activity backed up with armed force. In these settlements any independent political activity is met with credible threats of violence and sometimes also expulsion via the demolition of one’s home. The ANC does not oppose this. On the contrary it relies on it to deliver votes, to contain dissent and to engineer the appearance of consent for highly unpopular ‘development’ strategies such as forced removals to the urban periphery. This reality compels us to recognise that the endemic political despotism at the bottom of society is not a temporary lag from the rest of society but part of its foundation.

Since 2005, the local Development Committee in Kennedy Road, an elected structure, has affiliated itself to Abahlali baseMjondolo and the movement built its office and library there. In recent days the movement has been under sustained attack in the Kennedy Road settlement. It started with an armed assault and the refusal of the police to come to the aid of people under attack. It was followed up by the patently political arrest of some of the local leadership on criminal charges and the hounding of the rest of the local leadership out of the settlement via death threats and the systematic demolition of their homes. After this, local ANC leaders from other settlements seized control of the settlement. The police have made no intervention, despite repeated requests, to defend the elected leadership in the settlement from a violent coup or to stop the ongoing purge of Abahlali baseMjondolo activists from the settlement.

In some respects what has happened in Kennedy Road is a restoration of the status quo rather than a new exception to it. For instance, Lindela Figlan, who was the elected chair of the Kennedy Road Development Committee and is now a political refugee, had to leave the Burnwood settlement in 2007 under threat of having his home demolished. His ‘crime’ was the same then as now – supporting an independent poor people’s movement in a settlement where a ban had been imposed on any political activity outside of the ANC.

Some of the local ANC leaders from nearby settlements that seized control of Kennedy Road in the first days after the attack have a long history of using threats of violence in the settlements that they control to prevent political activity independent of the ANC. One of these leaders has, in her own settlement, openly denied access to temporary housing provided after a fire to people who cannot produce ANC cards.

But there are two ways in which the coup and then the purge that followed it have been exceptional. The first is that, after many years of self-organisation, local activists have developed excellent networks outside of the settlement and so recent events have received considerable national and international attention. The silence that usually accompanies this sort of attack on independent grassroots politics has been decisively broken.

The second is that in the past the ANC has not acknowledged the local level despotisms on which it relies. When pushed, as in the case of an unrelated series of assassinations that followed an attempt to run an independent candidate against the ANC in Umlazi in the 2006 local government elections, it has dismissed that violence as criminal rather than political. But in this case there has been enthusiastic support for both the coup and the consequent and ongoing political purge in the settlement from senior ANC leaders in the eThekwini Municipality and the province. This is a clear attempt to normalise a long-standing reality of our democracy that has previously been repressed from open public discussion.

The open support for the attack on Abahlali baseMjondolo has often taken the form of declaring the movement, directly or by implication, to be ‘criminal’. The word ‘criminal’ risks becoming as dangerous in our society as the word ‘communist’ was in the hands of apartheid or the word ‘terrorist’ is in the hands of the American state. When the enthusiasm with which some people in the ANC have sought to criminalise popular politics outside of its control is linked, as it should be, to recent calls by ANC leaders for a ‘people’s war against crime’, a right for the police to ‘shoot to kill’ and the centralisation of intelligence and policing, not to mention the outright militarisation of the latter, it is clear that we have just cause for grave concern about the future of democracy in South Africa.

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M&G: Landmark judgment in favour of poor

http://www.mg.co.za/article/2009-10-18-landmark-judgment-in-favour-of-poor

Landmark judgment in favour of poor
NIREN TOLSI | DURBAN, SOUTH AFRICA – Oct 18 2009 06:00

In a major legal victory for poor people’s rights to housing and shelter, the Constitutional Court this week struck down the KwaZulu-Natal Slums Act. The court upheld shackdweller movement Abahlali base Mjondolo’s (ABM) application that the Act was unconstitutional.

The KwaZulu-Natal Slums Act empowered municipalities to evict illegal occupants from state land and derelict buildings, and to force private landowners to do likewise or face fines or imprisonment — all at the behest of the provincial housing minister.

The Act also empowered the minister to determine the time frames for all these actions and, via section 16, gave provincial housing ministers untrammelled powers to instigate eviction procedures against communities.

If ABM’s Constitutional Court bid had been unsuccessful, the Act was to be used as a blueprint around the country. ABM fought this legislation on two fronts. It argued in the Constitutional Court that the Act actually dealt with land and land tenure, and so was not within the ambit of the provincial legislature to implement.

And it contended that section 16 of the Act was in contravention of section 26 (2) of the Constitution, which requires the state to take “reasonable legislative and other measures … to achieve the progressive realisation of [the Constitutional] right” of every South African to access to adequate housing.

The social movement further contended that section 16 was inconsistent with national legislation and instruments such as the Prevention of Illegal Eviction Act, the National Housing Act and the National Housing Code.

The full Bench of the Constitutional Court unanimously found that, despite ABM’s argument, the Act did, in fact, deal with housing matters.

Nevertheless, the court struck down the legislation because of section 16. Only Justice Zak Yacoob dissented with Deputy Chief Justice Dikgang Moseneke’s majority judgment that “recognised the coercive import” of section 16 in the powers it gave to the housing minister.

Moseneke found that section 16 would lead “those in slums and informal settlements who wouldn’t face eviction to now do so”. He also found that the section “erodes and considerably undermines the protections against the arbitrary institution of eviction proceedings” safeguarded by national legislation such as the Prevention of Illegal Eviction Act.

Moseneke further found that section 16 “was silent” on the National Housing Code and the National Housing Act’s stipulations that unlawful occupiers must be ejected from their homes only as a last resort. The judgment also questioned whether the section permitted reasonable engagement between government and communities.

The deputy chief justice noted that while conflict between provincial and national legislation did not necessitate invalidation, the Act did not pass constitutional muster as set out by section 26 (2).

But it was parts of Yacoob’s dissenting judgment — when allied with the majority judgment’s emphasis on engagement and that evictions were “a last resort” — that broke new ground for the rights of illegal occupants of land when negotiating with government.

Yacoob noted that “all applications for eviction must comply with the requirements expressly stipulated in the Prevention of Illegal Eviction Act and the Constitution as well as with all other requirements that have been judicially stipulated”.

The Constitutional Court had previously found that government can only evict after meaningful engagement (the Olivia Road judgment) and if it provides adequate housing alternatives to those affected (the Grootboom judgment).

In the ABM case, Yacoob went further: “If it appears as a result of the process of engagement, for example, that the property concerned can be upgraded without the eviction of the unlawful occupiers, the municipality cannot institute eviction proceedings. This is because it would not be acting reasonably in the engagement process.”

The majority did not find cause to differ on this.

Declaring the Act unconstitutional, the court ordered all costs for both this and ABM’s high court application be carried by the KwaZulu-Natal government. Neither the province’s department of housing nor Premier Zweli Mkhize had responded to the Mail & Guardian’s requests for comment at the time of going to press.

ABM president Sbu Zikode said the judgment “had far-reaching consequences for all the poor people in the country and validated ABM’s role as protector of the Constitution, and a champion of the rights of the ordinary people of South Africa”.

He said: “Shackdwellers have been recognised as human by the Constitutional Court and its findings that there needs to be more engagement between government and the poor. Hopefully, this judgment will also see the end of forced removals to transit camps and temporary relocation areas.”

Still in hiding after attacks on his Kennedy Road home, Zikode, responded to recent claims by eThekwini municipality officials that ABM’s application to the Constitutional Court had stopped development in the settlement: “The judgment has proved that we are for development. We will now return to Kennedy Road with this message”.

He added that the movement expected “more attacks, though”.

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The Kennedy Eight are now the Kennedy Thirteen

Thursday, 15 October 2009
Abahlali baseMjondolo Press Statement

The Kennedy Eight are now the Kennedy Thirteen

There have been five more arrests. The Kennedy Eight are now the Kennedy Thirteen.

None of the people that launched the attack on us in the Kennedy Road settlement have been arrested.

None of the people that have systematically destroyed the houses of the entire Kennedy Road Development Committee and all of the Kennedy Road Abahlali baseMjondolo members who hold office in our movement have been arrested.

None of the people who have banned our movement from the Kennedy Road settlement on the pain of violent expulsion from the settlement or death have been arrested.

None of the people who have continued to burn and demolish the houses of our members when they refuse to denounce the movement and show support for the ANC have been arrested.

Democracy has not been restored to Kennedy Road.

The ANC leaders who supported the attack on our movement have not been brought to account by the party.

The ANC continues to create new structures in Kennedy Road which they say are now ‘legitimate structures’. How can the structures that were elected by the people and removed by violence and intimidation now be ‘illegitimate’? How can new structures, imposed by violence and intimidation, be ‘legitimate’?

There was a bail hearing today for the 5 new political prisoners who have now been joined with the Kennedy 8 to form the Kennedy 13. Once again the ANC mobilised its members to attend the court. They sponsored two buses for them to be there to demand the denial of bail.

The ANC denies that the violence in Kennedy Road was political. They say that it is ‘just a criminal matter’. If it is ‘just a criminal matter’ why do they mobilise politically against the Kennedy 13? If it is ‘just a criminal matter’ why do they mobilise politically against our movement? If it is ‘just a criminal matter’ why was Nigel Gumede at the previous court hearing? He is the head of housing in the Municipality, not the head of police.

At the court today we were insulted and we were threatened. An ANC member who lives in a flat in Sydenham Heights said that we are “the filthy shack people”. She said that “by 2014 you will all be gone. ANC members will get houses and Abahlali members will get jail.” She also said that if the Kennedy 13 were given bail then “they will all be killed.”

It was very tense. It was clear that the people that the ANC has bussed in were ready to use violence. They tried to physically prevent us from getting into the court.

All our comrades kept cool and calm. We behaved with dignity

We are looking for ways to support the families of those who are locked up.

Our movement remains under attack. We must clear about the reasons why we are under attack.

We are under attack because with have built a politics of the poor and for the poor outside of party politics.

We are under attack because we have refused to be silent in the face of our own oppression.

We are under attack because we have insisted that we are also people who count.

We are under attack because we have insisted that everyone must count.

We are under attack because we have rejected the idea that forcibly removing us to human dumping grounds outside the cities is ‘delivery’.

We are under attack because we defeated the notorious Slums Act in the battle of ideas and in the highest court in the country.

We are under attack because the deal that we negotiated with the City to provide some services for 14 settlements and to work on upgrades for 3 settlements has shown that the politics of building people’s power does more for the people than the politics of building politician’s power. That politics just gets you evicted. Everyone can see that now.

We are under attack because we have shown that we are serious about our lives and therefore about our movement. We have not given up. In fact our movement is growing.

We know that there are many members of the ANC who are honest and who are democrats. We are calling on the honest and democratic members of the ANC to oppose those who corrupt their movement with lies, intimidation and oppression. We are asking them to support our right to organise independently. We are asking them to defend democracy.

Today it is us who have had to face armed mobs and the police. Today it is us who have had to face violence, the destruction of our homes, expulsion from our community, the end of many of things that we have worked for and all kinds of lies. Tomorrow it could be you.

This danger needs to be thought about very seriously. It needs to be widely discussed.

For comment please contact:

Shamita Naidoo 074 315 7962
Mazwi Nzimande 074 222 8601

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VICTORY IN THE CONSTITUTIONAL COURT!

We have won the case against the Slums Act in the Constitutional Court and we have won it with costs.

For comment direct from the victory celebration outside the Constitutional Court contact:

Mnikelo Ndabankulu 079 745 0653
Zodwa Nsibande 082 830 2707
Mazwi Nzimande 074 222 8601
Bongo Dlamini 074 875 6234
Shamita Naidoo 074 315 7962
S’bu Zikode 083 547 0474
Stuart Wilson (The AbM lawyer) 072 265 8633

Statement by the Most Reverend Njongonkulu Ndungane, the former Anglican Archbishop of Cape Town:

“This indicates that what we need now is an engaged citizenry. What we’ve tended to do is to stand back and allow things to happen to us, even in our own name. What Abahlali baseMjondolo have shown us is ‘not in our name and not on our watch’.”

Extract from the judgment by deputy chief justice Dikgang Moseneke.

“I conclude that section 16 of the Slums Act is inconsistent with the Constitution and invalid.”

The Judgment

There is a summary of the judgment below and the full judgment can be accessed here.

CONSTITUTIONAL COURT OF SOUTH AFRICA

Abahlali baseMjondolo Movement of South Africa and Another v Premier of the Province of KwaZulu-Natal and Others

CCT 12/09
[2009] ZACC 31

Date of Judgment: 14 October 2009

MEDIA SUMMARY

The following media summary is provided to assist in reporting this case and is not binding on the Constitutional Court or any member of the Court.

Abahlali baseMjondolo Movement of South Africa, an organisation representing thousands of people who live in informal settlements, and its President, Mr Sibusiso Zikode, approached the KwaZulu-Natal High Court, Durban, challenging the constitutionality of the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act. The High Court dismissed the challenge.

The applicants made two contentions before this Court. They claimed first that the whole provincial Act was invalid because the KwaZulu-Natal legislature had no provincial power to make the law because it trespassed into land tenure a legislative competence reserved for the national legislature.

They also contended that section 16 of the Act was inconsistent with the Constitution and invalid. Section 16 gives the Member of the Executive Council of the province power to publish a notice in the provincial gazette determining a period within which an owner or person in charge of land or a building that is occupied by unlawful occupiers must institute proceedings to evict the occupiers under the PIE Act. If the owner or person fails to comply, the municipality must bring proceedings to evict the occupiers.

Yacoob J, writing for a unanimous Court on the legislative competence issue, found that the Act was within the power of the province to pass laws on housing. He pointed out that the Act is not concerned with evictions alone but with the elimination of slum conditions by upgrading and relocation. He also pointed out that the Act placed detailed responsibilities on municipalities as well as the Member of the Executive Council responsible for housing in the province. A slum is a home in which people live. An Act concerned mainly with improving the circumstances in which people lived is concerned with housing. The Court therefore rejected the first contention and held that the provincial legislature had the power to pass the provincial Act.

On the constitutional validity of section 16 of the Act, Moseneke DCJ, writing for the majority (with Langa CJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O’Regan J, Sachs J, Skweyiya J and Van der Westhuizen J concurring), held that section 16 of the Act is inconsistent with the Constitution and invalid.

Moseneke DCJ found that section 16 compels an owner of a building or land or the municipality within whose jurisdiction the building or land is located to institute eviction proceedings against unlawful occupiers even in circumstances where the requirements of the PIE Act, which protects unlawful occupiers against arbitrary evictions, may not be met.

Moseneke DCJ noted that section 16 of the Act will make residents of informal settlements, who are invariably unlawful occupiers, more vulnerable to evictions should an MEC decide to issue a notice under section 16.

Moseneke DCJ also concluded that the power given to the MEC to issue a notice is overbroad and irrational because it applies to any unlawful occupier on any land or in any building even if it is not a slum and is not properly related to the purpose of the Act, which is to eliminate or to prevent the re-emergence of slums.

Accordingly, the majority judgment granted an order declaring that section 16 of the Act is inconsistent with section 26 of the Constitution and invalid.

Yacoob J dissented on this second issue. He found that the contested provision could be read subject to all the safeguards provided by the Constitution and the PIE Act. He held that, on a proper construction of the Act, an owner or municipality had to comply with the PIE Act and all other relevant legislation before an eviction could be ordered. Neither the municipality nor the owner could evict unless the evidence at their disposal satisfied these requirements. The section was therefore consistent with the Constitution.

http://www.saflii.org/za/cases/ZACC/2009/31.html

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Cape Times: The Kennedy Road killings are akin to Stalinism and a threat to democracy

http://www.capetimes.co.za/index.php?fArticleId=5201423

The Kennedy Road killings are akin to Stalinism and a threat to democracy

October 14, 2009 Edition 1

Martin Legassick and Mzonke Poni

ON September 26 at 11.30pm, a group of 30 to 40 men wielding pangas, sticks and guns surrounded the community hall in Kennedy Road informal settlement in Durban.

Kennedy Road is the original home of Abahlali baseMjondolo (ABM), a social movement of shackdwellers which has active branches in 34 Durban settlements and 54 nationally, with about 20 000 members. ABM is respected internationally and throughout South Africa by civil society organisations for its participatory democratic and non-violent procedures.

Witnesses say the men shouted: “The AmaMpondo are taking over Kennedy, Kennedy is for the AmaZulu.” The men vandalised the community hall, but were spontaneously resisted by unarmed residents, later supported by some members of the local safety and security sub-committee armed with sticks.

The rampage continued for more than 24 hours. There were deaths on both sides and many were injured.

On the Sunday, in the presence of Sydenham police (who just stood by) and the ANC ward councillor, the shacks of 27 leaders of the Kennedy Road Development Committee (KRDC), affiliated to ABM, were destroyed and many more looted.

Hundreds fled. Many lost all their possessions. The ABM offices were abandoned. On the Sunday morning the police made arrests – not of any of the attackers, but of eight members of the KRDC safety and security sub-committee, some of whom had not even been present.

The police have said the attacking mob were vigilantes attacking (ABM) criminals. But ABM in Kennedy Road has been conducting a campaign to root out criminals, originally with police co-operation.

The truth is far more sinister. As the Mail & Guardian reported last week, “…eThekwini regional chairman John Mchunu, addressing the ANC’s regional general council, specifically condemned ABM for trying to divide the tripartite alliance”.

In fact, ANC leaders in the region hate ABM, which has contested evictions and struggled for service delivery. ABM supporters say the attackers were shebeen-owners and ANC members.

As ABM president S’bu Zikode has said: “We have forced the state to accept that they must negotiate our development with us. We have exposed the corruption of many senior officials. We have also exposed how ‘housing delivery’ is actually a form of oppression breaking up communities and forcing people into ghettos far outside the cities.

“We have done this most famously with our case in the Constitutional Court against the Slums Act (passed by the ANC government in KwaZulu-Natal).”

The endorsement of the attack by the ANC became clear when KZN Safety and Security MEC Willies Mchunu turned up at Kennedy Road with a huge police presence and denounced ABM as “criminals”.

A statement claimed: “The KZN provincial government has moved swiftly to liberate a Durban community (Kennedy Road) that had been placed on an illegal curfew. Matters came to head at the weekend when a group of men attacked and killed two people. Community members said that the forum (the safety and security sub-committee) had placed them under an illegal curfew.”

The committee did implement a very reasonable rule that shebeens should close at 10pm rather than running 24 hours a day.

The press statement added that community members “told the team of assaults, intimidation and how a community hall had been hijacked. They also alleged that the forum was responsible for the weekend attack… [It] apparently has links with the chairman of Abantu Basemjondolo (sic), Sbu Zikode”.

Thus the ANC, abetted by police one-sidedness, attempts to criminalise ABM. At the bail hearing of the eight sub-committee members arrested two buses of ANC supporters arrived, chanting “ABM are criminals”. But, as Zikode has said, “our crime is a simple one. We are guilty of giving the poor the courage to organise the poor”.

The press statement further announced that the “forum”, because it had “no official standing”, was disbanded. This means government is intervening in civil society to dissolve an elected committee. That is close to the methods of a one-party state like Stalinism. Local ANC leaders are enforcing a ban on ABM in the settlement and anyone not showing public support for the ANC risks having their home demolished, or worse.

Clearly the attack was condoned by the local ANC and endorsed by the regional ANC, using “ethnic cleansing” as the initial rationale for a political attack on the right of existence of ABM and its local committee. This has been a severe attack on the democratic rights of all South Africans by the KZN ANC. If they get away with, literally, murder, this will set a precedent for the future.

An independent inquiry is needed. The residents of Kennedy Road need to be assisted to return to the site, to rebuild their homes, to be compensated for their losses, and to exist in safety. They must have the right to re-elect representatives of their choice, free from intimidation by the ANC. ABM must have the right to reoccupy their offices without the sword of death hanging over them. Anything less will be a travesty of justice.

# Legassick is emeritus professor at the University of the Western Cape and a housing activist. Poni is chairman of Abahlali baseMjondolo in the Western Cape.

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Witness: ANC’s shameful cover-up

http://www.witness.co.za/index.php?showcontent&global[_id]=29358

ANC’s shameful cover-up
14 Oct 2009

Jared Sacks

I CAME to Durban from Cape Town a few days ago to meet up with the management of the Clare Estate Drop-in Centre (Cedic). The Cedic is a community-run organisation which operated in Kennedy Road by supporting hundreds of orphaned and other vulnerable children. However, after the recent attacks, the Cedic was ransacked, forced to close, and many of its staff members were run out of the community.

The Kennedy Road Development Committee, which is affiliated with the Abahlali baseMjondolo (AbM) movement, was instrumental in the Cedic’s success by making sure its staff were accountable to the community through mass democratic public meetings. However, this became a liability for the Cedic when, during the recent attacks, a militia forced about 1?000 Abahlali members to flee the community. Many people associated with the Cedic left after threats were made on their lives and the lives of their families.

My own research on the attacks

While in Durban, I spoke to a volunteer from the Cedic who had not yet fled Kennedy Road. She has told me that because she is a member of Abahlali, she has personally been threatened by the ANC members who were installed as leaders in the settlement immediately after the attacks. She claims these leaders are also members of the recent militia attacks. She is afraid that, like other Abahlali members, her home could be destroyed in the next few days.

But she told me that she is unable to leave Kennedy since she has no family in Durban and she has no one else to turn to.

When I spoke with another staff member from the Cedic, she recounted a similar story. But I had to meet her away from Kennedy Road because she was afraid of associating herself with an outsider and thereby endangering her family. She also blamed the new Kennedy leadership who she says is controlled by the local shebeen owners and an ANC branch strongman named Jackson Gumede.

The liberation of Kennedy

It is against this backdrop, which I find has parallels with the recent military coup in Honduras, that MEC Willies Mchunu has claimed to have “liberated” Kennedy Road. The provincial government of KwaZulu-Natal has been going all out trying to pin the blame for the Kennedy Road militia attacks on a “criminal forum” which it says is connected to AbM president Sbu Zikode. But, no such forum has ever existed at Kennedy Road. Neither has there ever been a curfew at Kennedy in which community members were forced to stop cooking or watching television at 7pm as a government press statement claims.

Instead of some elusive forum, the well-respected Kennedy Road Development Committee and the Safety and Security subcommittee have been mandated by the community with the support of the Sydenham Police to reduce crime. These committees have merely been carrying out decisions made by the vast majority of Kennedy Road’s residents who have demanded in recent mass community meetings that the illegal shebeens in the area close at 10pm rather than go on for 24 hours straight. These committees, in which there are fresh elections every year, were the target of recent attacks.

I know myself that no sinister forum exists because while working with the Cedic, I have lived in Kennedy Road, attended many of its mass meetings, and seen the commitment of Abahlali baseMjondolo to democracy. I too have been forced to listen to music blaring at 3am and have worried about night-time shack fires caused by drunk patrons.

But the community’s new liquor regulations have angered local shebeen owners who found common cause with powerful ANC branch members who resent the loss of the powerful Kennedy vote bank.

This is why the government immediately arrested eight members of Abahlali baseMjondolo a day or two after the attacks. This is why, this past weekend, they arrested another three members of the movement. This is why not a single shebeen owner or militia member has been arrested.

Mchunu is attempting to squash any chance that we will find out the truth. Despite refusing calls for an independent investigation into the attacks, he has set up a task team headed by ANC officials. So, while the provincial government has pulled all its strings, issued press statements and even has investigators to back it up, officials continue to attack Abahlali while holding “stakeholder” summits featuring the same ANC militia that was responsible for the attacks.

Based on all the evidence, I believe that the 11 arrested members of Abahlali are being framed.

Karma?

But the tide may be turning. The new leaders of Kennedy Road are extremely unpopular in the settlement — not least because they are recognised as dictators who perpetrated the recent attacks. It seems that things might crack once again. It first happened in 2005 when the community rose up against Jackson Gumede and the local ANC councillor Yacoob Baig.

The community is likely to rebel again in the weeks to come. And let’s hope that the pending reversal of September’s coup is a peaceful one.

• Jared Sacks is the executive director of Children of South Africa (Chosa)

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Kennedy Road Olive Branch a Sham

http://www.mg.co.za/article/2009-10-11-kennedy-olive-branch-a-sham

Kennedy olive branch a sham
NIREN TOLSI | DURBAN, SOUTH AFRICA – Oct 11 2009 06:00

The hatchet job on Durban’s Kennedy Road informal settlement continued this week with an alleged “healing process” by the KwaZulu-Natal government.

Its stated purpose was to effect reconciliation in Kennedy Road, home to about 7000 people, after last week’s violence that left two confirmed deaths, displaced several hundred and destroyed the homes of Abahlali baseMjondolo (ABM) president Sbu Zikode and other ABM members, who were forced into hiding.

On Sunday the KwaZulu-Natal department of safety and security held successive meetings for stakeholders, the community and religious leaders.

Most of the church group, such as Rubin Phillip, Anglican bishop of KwaZulu-Natal and chairperson of the province’s Christian Council, refused to attend in solidarity with ABM, which boycotted the event.

Fearing for their lives, and that the ANC would stage-manage the public meeting, Zikode and other ABM leaders kept well away from the venue, where, a week earlier, an armed mob threatened members of their youth league.

The ABM also protested that, as elected community leaders and victims of a purge, they could not be expected to sit side by side with attackers driven by hatred, lawlessness and political intolerance.

The Mail & Guardian conducted a survey of the 88 people who signed the attendance register at the “stakeholders” meeting. Nineteen were provincial government representatives, 12 from the municipality and eight from the police. After subtracting media and representatives of other community policing forums and clusters, the register reflected 14 ANC members, seven South African National Civic Organisation (Sanco) members and seven people claiming to be “residents” of Kennedy Road.

Telephone calls confirmed most of those claiming to be ordinary Kennedy Road residents or inhabitants with ANC affiliations were in fact from other areas, such as the Puntan’s Hill, Sydenham Heights and the Foreman Road settlement.

Many of the outsiders were given prime time at the community meeting.

One alleged that an award-winning Mfene (Pondo dance) group from Kennedy Road had instigated the attacks. Isabel Mbuyisa, a “resident/leader” according the register, but in reality an ANC member from Sydenham Heights, alleged that the dance group was a front for political mobilisation.

Mbuyisa also railed against alleged corruption in the ABM, whereas ordinary residents talked of unemployment, health concerns and crime.

The meeting was an exercise in speaking with forked tongues, with government leaders talking left and others rather using anti-democratic-tipped boots to kick heads in.

Provincial safety and security minister Willies Mchunu emphasised the need to “resolve the matter through non-violent means .. As government we are not against any person or organisation in the settlement. If they want to participate in any activity critical of government, we accept that.” Freedom of association, movement and thought were guaranteed at Kennedy Road because “that is what we fought for”.

eThekwini councillor and chairperson of the municipality’s housing committee Nigel Gumede said that Kennedy Road “should have been developed a long time ago” and blamed ABM for inhabitants still living in squalor.

He said the social movement had opposed government’s housing efforts and was anti-development, as continued deprivation guaranteed funding from academics and NGOs.

Gumede said “one of the many obstacles” that had stopped government delivering houses to residents was ABM’s Constitutional Court case against the KwaZulu-Natal Slums Act.

He added a dash of tribal hatred, saying that “in our [presumably Zulu] culture, this [Mfene] dance is associated with muthi” (witchcraft) and needed to be investigated.

It was obvious that local and provincial government officials, many in ANC colours, were there to extend the party’s influence in the settlement.

Contrary to the municipality’s policy, since 2002, of not electrifying shack settlements, Gumede promised electricity to Kennedy Road residents “within three weeks”.

New houses, especially in the long-mooted Cornubia development, have also been promised to residents and the provincial department of social development will be consulted about delivering food parcels to the area.

Meanwhile, ABM leaders remain in hiding under growing threat to themselves and their families. Their office at Kennedy Road was evacuated after warnings last week that it would be ransacked. The movement now holds meetings in secret.

ABM has called for the “immediate restoration of democracy in Kennedy Road”, “a genuinely independent and credible investigation” into the attacks and “genuine and safe negotiation on the way forward between the ANC and ABM”. It has also urged Zuma to visit the area and address the crisis.

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Statement in Support of Abahlali baseMjondolo

Statement in support of Abahlali baseMjondolo

9 October 2009

The South African shack-dwellers’ movement Abahlali baseMjondolo (AbM) is an egalitarian, democratic organisation dedicated to the self-empowerment and self-education of thousands of disadvantaged people. We the undersigned support the resolve of AbM activists to play a leading part in the determination of their own future, and to help make, rather than suffer, public decisions about housing, land, and development. We condemn all acts of violence and intimidation against AbM members and the residents of South Africa’s informal settlements. We condemn any participation or collusion of the government and police in the recent assault against AbM leaders and their families, and in the destruction of their homes and offices. We call on the government to do all that is required to repair the damage done in recent weeks, and to protect AbM activists and settlement residents from any future violence; we note in particular the repeated death threats against AbM President S’bu Zikode and Vice President Mashumi Figlan. We call on the ANC to respect and facilitate, rather than discourage, popular participation in the governing of South Africa.

Signed:

* Bruno Bosteels, Spanish Literature, Cornell University
* Noam Chomsky, Linguistics, MIT
* Jacques Depelchin, History, UFBA/CEAO Salvador, Brazil
* Nigel Gibson, Honors Program, Emerson College
* Greg Grandin, History, New York University
* Peter Hallward, Philosophy, Middlesex University
* Naomi Klein, writer and activist, Toronto
* Ernesto Laclau, Politics, University of Essex.
* Todd May, Philosophy, Clemson University
* Corey Robin, Political Science, Brooklyn College and the CUNY Graduate Center
* William I. Robinson, Sociology, University of California at Santa Barbara
* Alberto Toscano, Sociology, Goldsmiths, University of London
* Slavoj Zizek, Philosophy, University of Ljubljana.

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The ANC Attack on AbM Continues in Kennedy Road

Sunday 10:30 a.m. 11 October
Emergency Press Release

The ANC Attack on AbM Continues in Kennedy Road

The ANC is currently holding a meeting in the Kennedy Road Community Hall.

The meeting was called by Ma Mjoli who is from the Foreman Road settlement and is the secretary of the BEC of the ANC in Ward 25. There are also big men from the ANC there in their fancy cars.

A decision has been taken to demolish two more shacks after the meeting. These shacks both belong to AbM members – they are both women. The decision has been justified on the grounds that:

1. They are known AbM activists.
2. They failed to attend today’s meeting.
3. They failed to accept pressure to board the ANC buses to protest for denial of bail at the bail hearing for the Kennedy 8.

The meeting will shortly move on to hold an election for a new committee in Kennedy Road. Clearly an election held under these circumstance (i.e. in which the first order of business is to take a decision to demolish the shacks of AbM supporters) will be neither free nor fair.

The attack on AbM by the local ANC with the clear backing of the ANC higher up continues.

We cannot give the contact details for anyone in Kennedy Road for their own safety. But once they have been turned from shack dwellers into political refugees they will be penniless and homeless but free, again, to speak to the media.

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In Solidarity with Abahlali baseMjondolo

In solidarity with Abahlalibase Mjondolo (AbM) 1

Dear Friends, Foes and all those in between,

Before May 2008, we only knew of Abahlalibase Mjondolo. (AbM), then in May 2008, we met members of AbahalalibaseMjondolo, at the Kennedy Road Settlement. Each one spoke, expressing in various ways the meaning of emancipatory politics; and then, the next day, we met again with S’bu Zikode, the President of AbM.

After he described the situation in which they were living, we asked what was the way out. “Healing” he responded.

Given the coordinated attacks against the Kennedy Road Settlement of the AbM, given the silence from the authorities, given what the AbM have gone through before. Questions arise. These are questions, not affirmations, not speculation, not insinuations.

The questions are posed for those who have been silenced, arrested, killed. All in the name of an agenda which has deep roots in African history, spelled out over and over, like mantras:

Do not stand up against might
You might suffer irreparable damage
Justice is meant to sustain might
Ignoring this can lead to carnage
The poorest of the poorest have no rights
Other than paying homage
To the richest of the richest

Questions:

What is the point of having the best Constitution of the world if it is powerless against police abuse, against politically organized crime, against justice turned on its head?

What is the point of having heroes and heroines in the past who stood up against injustices if the same heroes and heroines, now, in power, now hand in hand with the richest of the richest (RoR), pretend not to have heard about the injustices because they have only listened to the media owned by the RoR.

Why is it so hard for the heroes and heroines of the past to listen to the voices of their conscience? Why is it so hard to admit that it is time to move from truth and reconciliation commissions to healing?

To the Foes:
Remember not so long ago, the powerful described those who fought for justice as terrorists, criminals. Some among you, it is certain, do hear a voice telling them that what they are doing against the AbM is criminal.

Questions:
You have been told the AbM are criminals. Think a bit, is it a crime to say, as the AbM keep saying: “we are poor, we deserve respect, we deserve to be treated with justice and dignity, we deserve access to electricity and water”?

Or is their biggest crime to have refused to go along with politics as defined by the party in power. Why should someone go a long with politics of self-annihilation?

Is it a crime to disagree with politics which state that you (the AbM) do not count, unless you submit to the dictates of the party in power. Else, you shall be hunted down till you submit.

(To be continued until the poorest of the poorest are treated with justice, respect and dignity)

Jacques Depelchin

In solidarity with Abahlalibase Mjondolo (AbM) 2

Dearest Friends,

Warmest greetings to all.

In times like these you must be like the person on a not well traveled road who has had a serious breakdown and is wondering when help will appear. Changes in the wind sound like some car/hope in the distance.

Your road is not well traveled, at least not by those who should be traveling it all the time. Who wants to be with the poor? Yet, listen to those who have spoken and not just people like S’bu Zikode, it is difficult not to ask oneself why, in a post-Apartheid country such creative thinking on something as urgent as eradicating poverty is not being tapped.

Of course AbahlalibaseMjondolo is not the name of a mineral to be mined regardless of what the mineral itself thinks. You do know you are a gem, but for people who have decided that only they know how to eradicate poverty, your persistent pursuit of emancipatory politics, at the minimum, makes them uncomfortable. At worse, it will lead those who are convinced that only they know to resort to the methods they have used over the years: harassment of all kinds and, now, killing so as to terrorize you into silence.

How should those of us who are far, but in solidarity with you, act in times like these? I keep searching for answers. The currently predominant system is so predatory that it shall feed on anyone on its path. Just look at how the US, the richest country on the Planet, is finding it impossible to provide its citizens with a decent health care system.

Your situation in South Africa, that of those without medical care insurance in the US may sound to any observer as very far apart. It is easier to see how close you are to other poorest of the poorest (PoP) in Haiti, Gaza, the Niger Delta, favellas in Rio de Janeiro, the Dallits in India, etc., but while many PoPs are born into poverty, it is also the result of a process which is intimately part of the predatory system and mindset. When McNamara went to the World Bank, he promised that he would wipe poverty in 10 years. How did someone who had just participated in almost reducing an entire country –Vietnam– to ashes, how did such a person think he could wipe out poverty? Unless the poor could be wiped out altogether. Ten years later McNamara had, just as he did for Vietnam, to concede defeat.

Questions

Given the centuries of slavery, colonization, apartheid, is it not becoming more and more obvious that the system which claims to bring happiness to all, be examined more seriously and be considered as the principal source of poverty?

Could it be that the global PoPs have become the new enslaved, colonized, to be dispensed with by any means necessary? Could it be that a few heads, in South Africa, have decided that the best way to deal with recalcitrant poor is to physically get rid of them?

The pertinence of these questions should be obvious to anyone who has read about how the poor have been treated at every major socio-economic transition in the history of human kind, but, in particular, in the history of Africa.

From slavery to post-slavery in the US, for example, especially in the Southern part of the country, laws were passed to ensure that the slaves did not think that they were free to do whatever they wanted to do. One of the results? The emergence of the prison industrial complex which, preferentially, incarcerates the African American population.

You have stated who you are and how you want to be treated, no differently to any other citizen in South Africa. The Richest of the Richest (RoR) do not like to be crossed. Especially if and when they are caught wrong footed, as has been the case in relation to your treatment.

Sooner or later, even the RoRs will thank you for having sounded the alarm. Can we all join in making this alarm louder and louder till your voices are heard and not distorted.

(To be continued)

Jacques Depelchin

In solidarity with Abahlalibase Mjondolo (AbM) 3

Dearest Friends,

I am still trying to understand the logic behind the destruction, the killings. One of the things which stands out is that what is happening in South Africa against the poorest of the poorest (PoPs) is also happening everywhere, not just in Africa. It is a new form of enslavement, updated, but still enslavement. No longer under a slave owner, but under an anonymous system. As under Atlantic, capitalist slavery, the slave (read the PoPs) must keep quiet, must not complain, must pretend that he/she is not a person, but a piece of property. Under capitalism, everyone is supposed to be free, but at a very high cost.

Under slavery, the French went out of their way (under Louis XIV) to actually pass a law, known as The Black Code. It functioned from 1685 through 1848. It had 60 articles which explained, in detail, how the slave must be treated. Article 43 read as follows: Call on our officers to sue criminally the masters or commanders who will have killed a slave under their power or their direct control, and to punish the murder according to the atrocity of the circumstances…. Louis Sala-Molins (the author of Le Code Noir ou le calvaire de Canaan) comments the article by pointing out how this article was completely ignored, and how the masters’ imagination for punishment could go to extremes. He provides detailed descriptions by the slave owners themselves who resorted to torture to death as a way of punishing the slaves, so as to terrorize the others into silent submission.

These details are usually not known by the public at large, but if every single African were to have Le Code Noir as a bed side book, maybe people might begin to understand that slavery was indeed a Crime Against Humanity. Maybe people will then begin to see the connections between the PoPs of today and the PoPs (slaves) of the past; and that from that past to this present, the most predatory system ever invented, has used all the weapons at its disposal to create a mindset which accepts it as the most effective (read profitable to very few) way of organizing human relations. If everyone were to read Le Code Noir as a sacred book, sacred because it contains information which, most of the time, is kept out of reach of the average person, and is distilled in certain environments by intellectual experts (priests).

Article 42 specifically prohibited the slave owners from torturing or mutilating the slaves… But the reality as Sala-Molins shows was different. The judicial liberalism toward masters who might have tortured their slaves, later evolved into the economic liberalism of today. In the process it generated poverty on an unimaginable scale; because the managers of the system under which slavery was born never saw any reason to change their ways along the path to globalization.

The masters of the PoPs are behaving today like the slave masters of the past. They want the poor to keep quiet and accept the way in which the masters are planning to cope with poverty and the PoPs. As with “discovery” so with the end of slavery: “abolition”. Things/people can only be discovered, and/or abolished by the Richest of the Richest (RoRs), according to their will and timing. The masters did not like what the Africans did in Santo Domingo, when for 13 years (1791-1804) they fought for an end of what the slaves knew to be a Crime Against Humanity. The descendants have been made to suffer the consequences of an emancipatory act which went way beyond the 1789 French Revolution. They went too far, so said the former slave masters of the narrative which must always be dominant.

As with slavery, so with poverty, eradication of poverty can only be carried out by those who know what it means to be poor. As in Santo Domingo/Haiti, so in Durban. Then the Africans said enough is enough. The PoPs of Durban are saying to poverty and those who get rich by its maintenance: enough is enough. Those who have considered themselves in charge of history have never liked it when the poor, the slaves, the colonized, the marginalized, the Wretched of the Earth, say and do away with what they see, know as the source of their unbearable suffering. The minimum one can do is to support them.

(To be continued)

Jacques Depelchin
6-Oct-2009

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Contribution to a Panel Discussion on John Dugard’s Legacy to Human Rights Activism and Litigation

CONTRIBUTION TO A PANEL DISCUSSION ON JOHN DUGARD’S
LEGACY TO HUMAN RIGHTS ACTIVISM AND LITIGATION

Stuart Wilson
Visiting Senior Research Fellow, Wits Law School

I would like to talk, in the time allotted to me, about Abahlali baseMjondolo, a movement of informal settlers in KwaZulu Natal I represented while I worked at CALS, which has recently been violently repressed by the state under the guise of a police operation to tackle vigilantism. John Dugard was the first to sign a statement condemning the repression for what it was – a remorseless attack on a peaceful and democratic community based organisation.

Abahlali is the shack dwellers’ movement of South Africa. It is run by people who live in shacks, for people who live in shacks. It is committed to improving conditions for people living in the settlements affiliated to it, and to campaigning for the better integration of the poor into the urban fabric. Abahlali’s core message is that shack dwellers should not sit back and wait for what is often blithely called “service delivery”, but rather take responsibility for actively campaigning for better housing, sanitation, healthcare and education, to be provided on terms favourable to its members. In simple terms, as its President, Sbu Zikode often says, Abahlali’s message is “Nothing for us, without us”.

Its central campaign is concerned with housing. Instead of mass relocations to matchbox housing settlements on the urban periphery – which tend to deepen poverty, destroy social networks and increase unemployment – it seeks the upgrading of informal settlements in situ, in line with national government policy and international best practice. At a time when many poor and understandably frustrated communities across South Africa are blockading roads, setting fire to cars and destroying government property, Abahlali is mobilising informal settlers to find solutions to their problems through coming to grips with the nature of their exclusion, rejecting the stigma which is often attached to them and forming progressive alliances with housing technicians, lawyers and other civil society organisations to campaign for their objectives. Abahlali fosters a dialogical, iterative and reflective relationship with and between its members, as well as with those outside its membership who support its objectives.

During the xenophobic violence which rocked South Africa in 2008, it was observed that few attacks took place in settlements in which Abahlali had a presence. This is because Abahlali’s membership comprises of citizens and non-citizens, and the movement responded to the violence by bringing them together in forums where the grievances of both could be discussed openly. The result was that most people were able to reflect and realise that the causes of the frustrations leading to the violence were rooted in poverty and inequality that made little meaningful distinction of nationality – at least in informal settlements.

Abahlali was first met with violent repression (its marches and meetings were illegally broken up; its leaders were arrested and beaten; its members or people living in settlements in which it had a presence were evicted at gun point without a court order by the City’s land invasions unit). However, Abahlali’s patient engagements with the Durban municipality have lead to limited undertakings on behalf of the state to consider the viability of upgrading settlements in which Abahlali has a presence and the beginnings of a meaningful dialogue with the movement. Abahlali has also successfully campaigned for the installation of more water points and better sanitation in its members’ settlements.

Abahlali’s turn to the law has facilitated some of this. Abahlali began, with the aid of public interest lawyers at CALS, the Legal Resources Centre and private attorneys acting pro bono, to challenge and successfully resist some of the unlawful evictions to which its members were subjected. Abahlali’s members were defended on and successfully resisted spurious charges of public violence brought against them. Faced with a movement over which it could not simply ride roughshod with police harassment and unlawful eviction, the state began to talk.

Most recently, Abahlali, with CALS’ assistance, has taken a case to the Constitutional Court. That case challenges the constitutionality of the Slums Act, a piece of provincial legislation which equates the elimination of Slums with the eviction of people living in them and is intended to make that a much more frequent and easily facilitated occurrence. Judgment in that case is pending.

Abahlali’s message and its modest, incremental successes in improving the lives of its members have been popular. Abahlali now has a presence in well over thirty settlements in Durban and many more in Cape Town and Pietermaritzburg. However, although Abahlali has never sought political office, or power for its own sake, its success has be interpreted as a threat by some local politicians and property owners. This is because much of the land on which Abahlali’s settlements stand is valuable suburban property. It is worth far more to some if were developed commercially, rather than upgraded for low-cost housing. A powerful, assertive organisation of shack dwellers who know their rights represents a real threat to the commercial agenda.

Last Saturday and Sunday nights, a gang of thugs entered the Kennedy Road informal settlement in Durban. Kennedy Road is the founding settlement of Abahlali, where its office is based and in which its membership is strongest. The gang sought out and destroyed the shacks of around 30 leading members of the movement and stole their possessions. The police were present and did nothing to stop the pillage. They only intervened to arrest members of Abahlali who resisted the gang. Many other families associated with the movement fled in fear of their lives. On Monday morning, the local ANC councillor Yacoob Baig and the MEC for Community Safety, Willas Mchunu, arrived at the settlement, congratulated the community on having removed what they called a criminal element and declared that the community could now live in peace and harmony. Abahlali’s office was ransacked.

At first, the state painted the violence either as xenophobia or vigilantism. Later on, it released a statement claiming that the violence was directed by a shady community-based organisation, which it referred to as “The Forum” (which it said had links with Abahlali) and that the police had intervened to “free” the Kennedy Road informal settlement from its clutches. In later statements, representatives of the state and members of the ANC have simply stated that the police operation was directed at Abahlali, which is a criminal organisation.

The criminalisation of the poor is nothing new. I have often seen crime prevention operations in the inner city of Johannesburg which quickly and seamlessly metamorphose into unlawful evictions. The residents of the Olivia Road properties had to resist three such crime prevention operations on their way to the Constitutional Court hearing which ultimately resulted in their voluntary relocation to state-funded housing in the inner city. But these incidents have mostly been the result of fairly low level corruption – a property owner who can’t be bothered to get an eviction order, or wait for the state to do it for him, will slip a middle ranking police officer a few hundred rand to arrest some unlawful occupiers for trespass, or to stand by and ensure that there is no resistance while a security company carries out an eviction at 3am.

What is happening to Abahlali represents something more profound. It is a closing down of political space; it is a warning that the poor should not be too organised, critical or demanding – at least not outside the spaces in which the state can control and marginalise dissent. One of the most chilling aspects of the MEC’s statement in the aftermath of the violence at Kennedy Road was that after Abahlali is disbanded “challenges community shall be addressed through dialogue within properly constituted community structures”. One is left to wonder, uneasily, what that means. When an ANC councillor declared the next day that Abahlali’s office, by then ransacked, would become a new branch office of the ANC itself, the answer seemed menacingly clear.

CALS has been one of the spaces in which the jurisprudence of the Constitutional Court on socio-economic rights has been the most used, praised and criticised. Whatever the contours of that debate, the Court is indisputably correct about one thing: at their most fundamental, socio-economic rights prohibit exclusion, and guarantee the space to engage with and shape the terms on which the benefits they guarantee are provided to the poor. One such space has been violently wrested from Abahlali’s members this week.

When John set CALS up, he might have been forgiven for thinking that in 30 years’ time we’d be dealing with a different kind law in a different kind of society. And, in many ways, we are. We have a government legitimated by truly free and fair elections. We have much less hostile judiciary. Most importantly, we have a Constitution which, at least formally, guarantees the inclusion of all in the political community. But democracy must also fill the spaces between elections. The freedoms guaranteed by the Constitution must be practiced – and permitted to be practiced – by the citizenry. The attack on Abahlali is an attempt to stamp out that vital practice of democracy. Abahlali, fighting on behalf of an excluded underclass in the teeth of a paranoid state, an aggressive propertied class and a corrupt police force, is now becoming painfully aware of the lessons John learnt and taught thirty years ago.

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The Weekender: State turns against shack dwellers

http://www.theweekender.co.za/Articles/Content.aspx?id=83638

State turns against shack dwellers

by Jeanne Hromnik

Published: 2009/10/10 09:03:17 AM

THE appellants in the Joe Slovo shack dwellers’ case against Thubelisha Homes might be forgiven for thinking the law is an idiot and an ass (and a bachelor, no doubt) after a recent ruling of the Constitutional Court.

Five Constitutional Court judges unanimously upheld last year’s high court ruling by Judge President John Hlophe that the 20000-strong community be evicted and relocated from the Joe Slovo informal settlement adjoining Langa, Cape Town’s oldest township, to Delft, 34km away.

Last month, a full bench of Constitutional Court judges suspended the court’s order indefinitely following an application by Housing Minister Tokyo Sexwale that expressed “grave concerns” about the “practical, social, financial and legal consequences” of the relocation.

In the context of the lengthy, ongoing struggle of Joe Slovo’s residents against the infamous N2 Gateway Housing Project for which they were to be relocated, it is difficult to see how the earlier decision overlooked such consequences.

It has become commonplace to compare the government’s relocation of shack dwellers with the forced removal policies of the apartheid government . The difference, however, is the recourse to law that the post-apartheid government has facilitated — which organisations such as the shack dwellers’ movement, Abahlali baseMjondolo, have been using.

One of the movement’s targets is KwaZulu-Natal’s Elimination and Prevention of Re-Emergence of Slums Act of 2007. It allows for a person resisting eviction to be imprisoned for up to 10 years .

In November last year, Abahlali baseMjondolo challenged the act in the Durban High Court. After Judge President Vuka Tshabalala rejected their attempt to have the slums act declared unconstitutional, they took the case to the Constitutional Court.

At the Constitutional Court hearing in May , Adv Wim Trengove, acting for Abahlali baseMjondolo, argued that the slums act seemed to be in conflict with the 1997 National Housing Act, national housing policy and provisions of the 1998 Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

This landmark piece of legislation, known as the PIE Act, gives effect to Section 26 (3) of the constitution which states: “No one may be evicted from their home or have their home demolished without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”

The circumstances the act considers are how occupiers came onto the land; how long they have lived there; the needs of its elderly, disabled, children and female- headed households; and the availability of suitable alternative accommodation.

The Constitutional Court judges in the recently reversed Joe Slovo judgment made three humane provisions in line with these circumstances . The state should provide 70% of the low-cost housing to be built in the N2 Gateway Project to former or current Joe Slovo residents who applied and qualified for housing. The residents were to be allowed to take part in a phased process of removal ; and the court ruled that they be relocated to sturdy temporary residential units serviced with tarred roads and communal ablution facilities at Delft or another suitable location.

As the housing minister’s application suggests, these provisions appear less than humane when viewed against the history of the N2 Gateway Project.

Phase 1 of the project was completed in mid-2006, with 705 rental flats. Very few of the 1000 families who were moved from Joe Slovo to Delft to make way for this were accommodated .

Phase 2, the building of bonded houses in the Joe Slovo area and Delft, is out of the financial reach of most of the shack dwellers .

Thubelisha Homes, the now defunct section 21 company appointed in 2006 to implement and manage the N2 Gateway Project, has moved people out of the slum-like conditions at the temporary camp into permanent houses at Delft at a rate of 10 families a year.

In March this year, Abahlali baseMjondolo won a victory in the Durban High Court, which granted eight orders that provided for judicial oversight of the Richmond Farm transit camp to which residents of Siyanda in Durban were being relocated.

They had been promised houses in the Khalula development, but when this fell through as a result of corruption, Bheki Cele, the transport MEC at the time, sought their forced removal to the Richmond Farm transit camp.

Residents were offered no guarantees about conditions in the camp, the duration of their stay and where, if anywhere, they would be sent next.

They approached the Durban High Court for protection.

The court ordered that the families moved to the transit camp be given permanent, decent housing within a year.

It asked for a report on the corrupt allocation of houses in Siyanda and, where necessary, that restitution be made to the victims of the corruption.

Then in August, the South Gauteng High Court ruled there could be no evictions at the South Protea settlement in Johannesburg until the possibilities of upgrading the site and relocation to a nearby site had been investigated. It gave the City of Joburg a month to report on the provision of water, sanitation, refuse removal and lighting at Protea South and ordered that “meaningful engagement” be undertaken with the Landless Peoples Movement .

Residents of Protea South had since 2003 been resisting eviction to Doornkop, which they describe as a “human dumping ground” distant from their places of work and their children’s schools .

Despite the importance of residential location to the livelihoods and family structures of slum dwellers, the Joe Slovo ruling stated : “The right (to housing) is a right to adequate housing and not the right to remain in the locality of their choice, namely Joe Slovo.”

In the landmark 2007 Olivia Road case in which more than 400 occupiers of two buildings in the Johannesburg central business district appealed against eviction, the Constitutional Court stated that engagement is a two-way process in which the city and those facing eviction should talk to each other meaningfully.

The Constitutional Court judges in the Joe Slovo case also ordered that residents be allowed full participation in their removal .

However, when eviction is fiercely resisted, and where there has been no evidence of “structured, consistent and careful engagement” in the past, this might seem at worst mischievous and, at best, legal naivety.

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Police lies exposed in court

Click here to read Mzonke Poni's essay on his arrest and the meaning of 'public violence' in contemporary South Africa

‘Police lies exposed in court’

Mzonke Poni, leader of Abahlali base Mjondolo in the Western Cape, and accused on a charge of ‘public violence’ had his case discharged in court on Tuesday 29 September for ‘lack of reliable evidence’. Mzonke conducted his own defence and he did so brilliantly. He led the three witnesses, one from the Metro Police and two from Cape Town’s anti-land-invasion unit, into contradicting themselves and each other.

In reality Mzonke was scapegoated for his political leadership of Abahlali baseMjondolo. The organization supported an occupation of municipal land in Macassar, outlying suburb of Cape Town, in May by backyard dwellers. The city’s anti-land-invasion unit spearheaded the illegal destruction of dwellings that had been erected on the land – illegal because once dwellings are occupied, under the PIE act they cannot be demolished without an order of court. An interdict was obtained in court declaring the illegality, but was overtaken by an interdict procured by the city prohibiting erection of structures on the land. In these ways the poor are denied justice by those with the resources.

However this case resulted in a bit of a comeback for the masses. Under Poni’s questioning, the three law enforcement witnesses could not even agree what he had done to warrant a charge of “public violence’. The first said that Poni was a leader (“voorbok”) but could not really say why. The second claimed that he had been policing the demonstration which was “rustig” (quiet) and then Poni arrived and spoke to the people and then there was “chaos” – stones thrown, fires lit, tyres burnt, etc. The third claimed that he had seen Poni lighting a fire (and though it was elicited that he was a few steps away could not recall whether it was lit with petrol or paraffin). In reality, neither of these witnesses (nor any police) had been there when the fires were lit, and only arrived later on to put them out and clear the road of tyres and stones!

Mzonke stated that he had merely observed the demonstration and had taken photos of it, including when law enforcement arrived late to try to clear the road. The first witness admitted that he had approached Mzonke twice while he was taking photos, to tell him to stop. He however denied Mzonke’s claim that he had said to him “Motherfucker, we are going to motherfucking arrest you.” He said that with women and children present he would never have used such language. Mzonke said he had responded to the officer by saying “then arrest me”. The magistrate asked the officer why, if he had told Mzonke to stop taking photos, he had not confiscated his cellphone camera, or arrested him then. The witness could not reply to this.

The police witnesses were equally unclear about the circumstances of Mzonke’s arrest. In reality Mzonke was arrested after he left the area of the demonstration in order to go home. He was standing next to a road at least 500 metres from the demonstration talking to two people when police cars arrived. The other two fled, but Mzonke stood his ground. “Arrest me if you like” he claimed that he said. He stated that the police then fired pepper gas at him, dragged him into a law enforcement private car, and drove him around Macassar, beating and abusing him, before transferring him into a regular police car and taking him to the police station.

The officer who arrested him admitted that this had taken place away from the scene of the disturbance. He claimed, as did the second witness, that “minimum force” had been used. But neither of these witnesses, when asked by Mzonke, was very clear on what actual force had been used in this case.

The third witness claimed initially that Mzonke had been arrested on the scene of the disturbance surrounded by people who were singing freedom songs (while Mzonke was not singing). He could not respond adequately when Mzonke asked him why the people singing had not been arrested with him. Later Mzonke asked him whether he had seen him (Mzonke) running away when there was the attempt to arrest him. “Yes” the witness replied. “Did you chase me?” asked Mzonke. “Yes” replied the witness. “But earlier you said I was standing with people singing when you arrested me” Mzonke said. “Yes, we chased you round the block and you ended up back in the demonstration” was the implausible reply.

The magistrate had closely questioned the first witness on elements of his testimony to try to get a clear picture of events and resolve the contradictions in his evidence. She was particularly concerned as to why, if Poni had been so much an instigator, they had waited so long to arrest him. By the time the third witness was on the stand, however, the magistrate and even the prosecutor were dissolving into fits of laughter at the evidence! The comedy was better than the Keystone Cops. Dryly, the magistrate told the third witness before dismissing him “What you just said contradicts the testimony of the previous witness.”

Without any pause, she immediately declared that due to lack of reliable evidence, Mzonke was discharged and was free to go. Mzonke and I celebrated outside the courtroom with high fives. It was a small victory in the fight for justice and homes for all.

Professor Martin Legassick

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Solidarity Protest Today at the South African Consulate in New York City

Click here to see some pictures from this protest and here to see video footage of the protest.

http://picturethehomeless.org/blog/southafricarally

Picture the Homeless, the Poverty Initiative, and Domestic Workers United invite you to rally to Support Abahlali basemjondolo, the Shack Dwellers Movement under Attack in Durban, South Africa

Friday, October 9 2009

12:00pm-1:30pm

outside the South African consulate

333 E 38th St, btwn 1st & 2nd Aves

(near 4/5/6 trains at 42nd St)

Members of Picture the Homeless, the Poverty Initiative, and Domestic Workers United, three NYC grassroots organizations, met with representatives from the South African Shack Dwellers Movement Abahlali baseMjondolo (AbM) in NYC in August. As AbM faces attack and repression in Durban, poor and struggling people and our allies in NYC make common-cause & stand with our friends in South Africa!

For more information, contact Tej Nagaraja at cell:(646) 752-6451, tej@picturethehomeless.org or http://picturethehomeless.org/blog and Picture the Homeless at 646-314-6423 or brandon@picturethehomeless.org

More information about what’s going on in South Africa: http://abahlali.org

***

Abahlali baseMjondolo is making the following suggestions, in terms of folks doing actions in solidarity with their movement:

1. Affirm our right to exist and our right to be critical of the government.

2. Organize in support of our demands.

3. Support those of us who have lost their homes and all their possessions with material support.

4. Support those of us who are traumatized, including the children, with counseling and spiritual support.

5. Organize serious discussions about the nature of democracy in our country – and include delegates from poor people’s organizations in those discussions on the basis of equality.

You can also take action NOW by calling or e-mailing the South African Consulate and supporting the demands of the Shack Dwellers!

Call: 212-213-4880 or e-mail: consulate.ny@foreign.gov.za

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Democracy’s everyday death: South Africa’s quiet coup

http://www.pambazuka.org/en/category/features/59322

Democracy’s everyday death: South Africa’s quiet coup
Nigel Gibson and Raj Patel
2009-10-08, Issue 451

You don’t need presidential palaces, or generals riding in tanks, or even the CIA to make a coup happen. Democracy can be overthrown with far less pomp, fewer props and smaller bursts of state violence. But these quieter coups are no less deadly for democracy.

At the end of September, just such a coup took place in South Africa. It wasn’t the kind involving parliament or the inept and corrupt head of the ANC (African National Congress), Jacob Zuma. Quite the opposite. It involved a genuinely democratic and respected social movement, the freely elected governing committee of the shack settlement at Kennedy Road in Durban. And this peaceful democracy was overthrown by the South African government.

First, some background. As South Africa prepares to host the 2010 World Cup, the poorest South Africans are still waiting for the end of apartheid’s predations. The country is spending US$1.1 billion just to build new stadiums, while those who fought apartheid wait in shack settlements for running water and electricity. Levels of human development are now lower than in 1994, and South Africa has overtaken Brazil as the country with the widest gap between rich and poor.

But not everyone is waiting patiently, hands outstretched, for the government to drop something into their palms. Some people, particularly those living in shack communities, have organised to bring the dividends of housing, water, education, healthcare, employment and food to their communities. When some communities organised to protest against their government, using the freedoms enshrined in one of the most open and supportive constitutions to be found in any modern democracy, the government responded by initiating its bloody coup.

In the middle of the night on Saturday 26 September, men armed with guns, knives and even a sword, descended on Kennedy Road, and into a shack settlement housing about 7,000 people. These men chanted slogans of ethnic cleansing, pitting Zulu against Pondo. With these words, they summoned an ethnic politics that was unthinkable even in apartheid’s darkest days. Even the 1980s battles between the Inkatha Freedom Party and the ANC were political rather than ethnic clashes. But under Jacob Zuma’s South Africa, the Zulu nationalism that was once anathema to the ANC has now become its standard operating procedure.

Four people were killed. The violence continued under the eyes of the police and local ANC officials. Once it was over, the democratic leaders of the Kennedy Road Development Committee were arrested (even though many weren’t in the settlement at the time of the attacks). Thousands of shack dwellers have now fled the settlement and many shacks have been destroyed.

It has now become clear that the thugs were backed by the local branch of the ANC and their leaders. Jackson Gumede, the chairperson of the Branch Executive Committee of the ANC in the electoral ward containing Kennedy Road, has now taken over the settlement where those remaining live in a state of fear. The ANC provincial government has also become a willing partner.

It has also become clear that the target of the attacks is the autonomous and grassroots democratic shackdweller organisation – Abahlali baseMjondolo – which has grown over the past four years into the largest poor people’s movement in South Africa. Abahlali has become a significant thorn in the side of the ANC provincial government in KwaZulu-Natal.

What particularly irks the ANC is Abahlali’s refusal to let the shackdwellers continue to be a vote bank for the ANC at election time. Rather than supporting any political party, Abahlali has promoted a ‘No house, no land, no vote’ policy. As well as rejecting the legitimacy of the local ANC councillor, Yacoob Baig, Abahlali has taken the provincial government to court over the constitutionality of the government’s Elimination of Slums Act and spoken out against the forced relocation of shackdwellers to transit or temporary camps outside the urban areas.

Abahlali have also had successes, which have annoyed local politicians. Through their activism, they forced the Durban municipality to agree to upgrade some of their settlements. Controls over the settlement means control over the disbursement of funds. This is the prize that Yakoob Baig and Jackson Gumede covet.

The ANC’s decision to destroy a grassroots poor people’s movement has been condemned around the world. The South Africa Council of Churches (SACC) has called the incident ‘an attack on democracy’ and has issued a statement of alarm at how community leaders are being criminalised. Bishop Rubin Phillip, the chairperson of the KwaZulu-Natal Christian Council and Anglican Bishop of Natal, who had visited Kennedy road, was ‘torn with anguish’ by the attack and spoke of the real social hope that Abahlali was creating. Around the world and in South Africa statements of solidarity and outrage continue to pour in and while these pressures may give the ANC pause in their actions against Abahlali, it is also clear that the ANC are not in control of the violence that they have unleashed.

At the settlement anyone associated with Abahlali has been threatened with violence and forced to leave. Already 2000 people have been left homeless. S’bu Zikode, the elected chair of Abahlali, is now in hiding after receiving a number of death threats. Writing on 29 September, Zikode understood that the attack was an attack on the voice of ordinary poor people: ‘This attack is an attempt to terrorise that voice back into the dark corners. It is an attempt to turn the frustration and anger of the poor onto the poor so that we will miss the real enemy.’ He ends by not only calling for solidarity but asking ‘for close and careful scrutiny into the nature of democracy in South Africa’.

Zikode is right, of course. This is why he has been targeted by the militia, and why his safety must be guaranteed. And the attack augurs ill for South Africa’s future. The demons of ethnic hatred had no harbour in South Africa. But once unleashed, they could very well tear the Rainbow Nation apart. Without swift and transparent justice to right this grave wrong, the future looks grim. History makes one thing very clear: small coups beget bigger ones.

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KwaZulu Natal Christian Council Leaders visit the 8 Leaders of Abahlali BaseMjondolo in Sydenham Police Station

KwaZulu Natal Christian Council Leaders visit the 8 Leaders of Abahlali BaseMjondolo in Sydenham Police Station

Bishop Rubin Phillip, the Chairperson of the KwaZulu-Natal Christian Council and Rev Phumzile Zondi-Mabizela, the Chief Executive Officer, visited the 8 Abahlali baseMjondolo leaders that were arrested on Sunday 27 September 2009. The visit took place yesterday afternoon, Monday 4 October at Sydenham Police Station. They were accompanied by delegates from the Church Land Programme, as well as the group’s Advocate and Attorney.

The Sydenham Police Station was receptive to our visit, and we were able to visit with the leaders at the two cells in which they are being held. They appeared to be in good health and their spirits still strong. They are anxious for their families as, together with other leaders of Abahlali, their homes have been destroyed in the attacks. Furthermore, as day labourers they are not earning any money to support their families whilst being held by the police.

We conveyed to the 8 leaders the statements, petitions, messages and practical contributions of solidarity that have flowed in from local and international movements, individuals, organisations and churches. The extent of support was a real encouragement to them, and they expressed their real sense of hope in these growing acts of solidarity.

At the end of the visit we were all able to join hands through the prison bars and pray together for strength as in solidarity we committed ourselves to ensuring justice is done, and that the truth of the Kennedy Road attacks will overcome the lies and slander being spread so shamelessly. Being part of that chain of solidarity we were challenged again by Jesus’ words: “whatever you did to the least of these my brothers and sisters, you did to me”.

We would like to urge you all – individually and in your gatherings – to pray for the 8 leaders and their families. We mention their names below so that you can remember them daily, particularly as they face a court hearing this Thursday: Khaliphile Jali, Simvumile Limaphi, Thokozani Mtwana, Situtu Koyi, Sithelo Mambi, Thobuxolo Mazeka, Zandisile Mgutyana, Sibulelo Mambi.

Their case will be heard on Thursday 8 October in Durban. We invite civil society, church and religious leaders to join with us as we attend the court hearing to show again our support for these members of Abahlali.

We urge members of society and churches to continue pledging their support for the displaced families from Kennedy road by depositing their contributions into the Anglican Church’s Trust Fund. The details of the fund are as follows:

Diocese of Natal – Trust Account

First national bank

Account number: 509 3118 7386

Branch code: 257 355

Branch: Midlands Mall, Pietermaritzburg.

South Africa

Issued by Bishop Rubin Phillip

Anglican Bishop of Natal (KZN) and

Chairman of the Kwa Zulu Christian Council

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Business Day: Acid Test for ANC’s Commitment to Democracy

Business Day

STEVEN FRIEDMAN
Published: 2009/10/07 06:37:16 AM

WHILE those who shape the national debate avert their eyes, the government’s commitment to democracy is being tested in a Durban shack settlement. And it is failing.

Ten days ago, armed men descended on the Kennedy Road shack settlement. They reportedly killed several people and drove hundreds out. The raid was aimed at activists of the Abahlali baseMjondolo (AbM) shack- dwellers’ movement, whose leaders fled the settlement after being warned they would be killed. AbM has repeatedly challenged the local African National Congress (ANC) leadership; it has urged members not to vote and has launched a Constitutional Court action against the government.

Activists say the armed men are associated with the local ANC, which researchers say vowed to turn the AbM office in the area into an ANC office. Police reportedly did nothing to stop the attacks, but later arrested people associated with AbM. On the Monday after the violence, police arrived in numbers with the local ANC councillor and provincial safety and security MEC Willies Mchunu, who held a public meeting at which they reportedly endorsed AbM’s forced expulsion from the settlement.

A statement by Mchunu and the office of provincial police commissioner Hamilton Ngidi claimed that the provincial government “moved swiftly to liberate … (Kennedy Road) that had been placed on an illegal curfew, wherein residents had been forced to stop watching television, walking or cooking after seven at night”.

Local activists insist that the only curfew imposed on the area closed shebeens at 10pm, and was negotiated with police.

Claims that police were protecting residents would be more plausible had there not been a history of tension between AbM and the local ANC in which police have been accused of acting against AbM. It would also be more credible if a press report had not quoted an ANC source saying that there was “a battle for the hearts and minds of the people of Kennedy Road …. There is a political twist to this thing.” Nor does the province’s statement say why, if a crime was committed, the initial action against AbM activists was taken not by police acting within the law, but by a mob shouting slogans hostile to Mpondo residents of the settlement.

The context and the evidence suggest that what was really happening was an attempt to cripple an organisation that the local ANC dislikes. AbM’s president, Sbu Zikode, insists that “the ANC has invaded Kennedy Road. We have been arrested, beaten, killed, jailed and made homeless by their armed wing.” So far, neither the province nor the ANC has produced plausible evidence to contradict this claim.

This is not the first time police and ANC branches have worked together against social movements that are independent and sometimes highly critical of the ANC. Local ANC leaders in other areas, used to a monopoly, are threatened by independent activists, and seek to drive them away. In some cases, police have been accused of helping them.

While political freedom has been respected at the national level, at the grassroots level the constitution’s promise of the right to act within the law to influence decisions has often been rendered meaningless by local power- brokers protecting their turf.

This latest incident suggests, in two ways, an escalation of the attacks on independent activists, which greatly increases the threat to democracy.

First, until now there was no evidence that provincial or national politicians supported these attempts to muzzle ANC critics — it seemed likely that senior ANC figures were unaware of what local party bosses were doing. Now, an apparent attempt to close down ANC critics is endorsed by an MEC. This suggests that the provincial ANC in President Jacob Zuma ’s home province is supporting a campaign to eliminate an organisation that the local ANC sees as a threat.

Second, the claim that the mob that descended on Kennedy Road was mobilising ethnic prejudices is particularly disturbing. Activists claim that Zuma’s rise to the presidency has sparked a resurgence of ethnic prejudice in KwaZulu-Natal. The attack on AbM does nothing to contradict them.

It is no exaggeration to insist that democracy’s immediate future is at stake in Kennedy Road and wherever the rights of grassroots citizens to organise is denied. If we ignore events there, and the apparent complicity of senior politicians in attacks on citizens’ organisations that displease the ANC, we open the door to the erosion of the freedoms of everyone, including the commentators and middle-class citizens groups who seem to show no interest in the rights and freedoms of shack dwellers.

Democracy means that all citizens are allowed to express themselves. If people at the grassroots do not enjoy that right, democracy is not operating for most of our people. And it may then be only a matter of time before power-holders decide that the rest of us need to be curbed.

The shack dwellers of AbM and other grassroots activists threatened by local power are the front line in the fight to keep us democratic.

We need to make their right to a voice a priority — and to force provincial and national politicians to account for their role in suppressing, or failing to protect, that right.

Friedman is director of the Centre for the Study of Democracy, an initiative of Rhodes University and the University of Johannesburg.

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Our Movement is under Attack

Tuesday, 06 October 2009
Press Statement by the Kennedy Road Development Committee, Abahlali baseMjondolo and the Poor People’s Alliance

Our Movement is under Attack

We are under attack. We have been attacked physically with all kinds of weapons – guns and knives, even a sword. We have been driven from our homes and our community. The police did nothing to stop the attacks on us despite our calls for help. The attacks, which began on the night of Saturday 26 September, were carried out by local ANC members together with shebeen owners from the Kennedy Road settlement. They were saying that our movement was ‘selling them’ to the AmaMpondo. It is a fact that our movement, at the local branch level and at the movement level, has no concern for where people were born or where their ancestors were born. We are a movement of the poor and that means that we do not make divisions between the poor. We have always been clear about this. This is our politics and we will stick to it.

We have been told that earlier in the day the local ANC branch had a meeting. We are told that there they decided to take up a new operation – Siyabangena (we are entering). We are told that there they decided to kill Mashumi Figlan, Chairperson of the Kennedy Road Development Committee (KRDC) and Deputy Chairperson of our movement. We are told that they decided to cut off his head and leave it in the community hall so that everyone would see that he was dead and not missing.

Some in the community resisted the attacks spontaneously. In the end four people were killed. Every life counts and every death is regretted. There is a long and terrible history in our country of the poor being made to fight each other so that they do not see who the real enemy is. Once again people have died and killed without really knowing what they have died and killed for.

When the police did arrive they only came with one car and one van. They only took statements from our attackers and they arrested eight people linked to the KRDC. They took no statements from us and to this day none of our attackers have been arrested. Some of the people that they arrested had in fact been performing the imfene dance at a public performance in Claremont on Saturday night. The arrests were clearly political and aimed at destabilising the movement in Kennedy Road. This is not the first time that most of the Kennedy Road leadership have been arrested for clearly political reasons. In 2007 the Kennedy Six, five of whom were elected members of the KRDC, were arrested on false charges and only released on bail after a hunger strike. All charges against them were later dropped because the state had no evidence.

On the morning after the attack ANC officials arrived in the settlement. There were no police to protect us while we were being attacked but many, many police came with them. While the police and the officials were there the same people who had attacked us the night before demolished our homes and looted them. At least 27 houses were destroyed and many more were looted. They all belonged to people elected to positions in the KRDC or AbM. The police did nothing to stop the destruction of houses and the looting from houses. Supt Glen Nayager and Ward Councillor Yakoob Baig were personally at Kennedy while our homes were destroyed. Baig said, on record, that ‘harmony’ has been restored now that the ‘Abahlali criminals’ were gone.

After the politicians and the police departed from Kennedy Road the settlement was left in the hands of the local ANC – armed young men patrolled and made it clear, via death threats, that Abahlali baseMjondolo was now banned from Kennedy Road. They also made it clear that independent media were also banned. Looting and various kinds of intimidation continued. The eviction of some of our leaders and the arrest of others was followed by the destruction of our office leaving us without access to email and telephone. When our members arrived from other settlements to try and save our records and banners in the office they were threatened with death.

To this day none of our attackers have been arrested. The ANC has installed them in to authority in Kennedy Road (without holding any elections) and is presenting them to the media as ‘the community’ or as ‘community representatives’. Many of the ANC leaders who have spoken in the community or to the media have attacked us and lied about us while not condemning our attackers. On 28 September Bhekisisa Stalin Mncube, spokesperson for the Provincial MEC for Safety & Security Willies Mchunu, sent out a press release on behalf of Mchunu and the Provincial Police Commissioner Hamilton Ngidi saying that “the provincial government has moved swiftly to liberate a Durban community (Kennedy Road)”. Mncube added a note to his email threatening that S’bu Zikode may soon be arrested. In this statement it is quite clear that at least some people in the police and the provincial ANC have enthusiastically endorsed the violent attack on our movement.

Following the attacks on our movement Nigel Gumde, head of housing in the eThekwini Municipality, has said, on record, that the government “have a plan to eradicate shacks”, that “anyone coming into informal settlements must accept that plan” and that it will be necessary to “jail people to get development going.” He is clearly trying to criminalise debate about government policy. How can debate about government policy be banned in a democracy? He has also said that the imfene dance is part of the problem and must be investigated. How can the cultural expression of a group of people be considered a problem in this way?

Since then there have been all kinds of other attacks on our movements – we have been lied about, slandered and defamed by various people within the ANC. We consider these lies to be a way of trying to justify what was done to us and to our movement. We consider these lies to be a way of trying to make the victims of a terrible attack look as if they are themselves the problem. We consider these lies to be a way to encourage further attacks.

What happened in Kennedy Road was a coup – a violent replacement of a democratically elected community organisation. The ANC have taken over everything that we built in Kennedy Road.

We always allowed free political activity in Kennedy and all settlements in which AbM candidates have been elected to leadership. Now we are banned.

We do not use violence to build support. We use open discussion. Now we are violently banned.

Our members continue to receive death threats in and outside of Kennedy Road. Everyone knows that if you speak for Zikode or AbM in Kennedy Road you will be attacked. And S’bu has received a number of death threats and threats to his family, including his children, via anonymous calls since he was evicted from the settlement by the ANC and shebeen owner’s mob. Last night five men in a white car arrived at his sister’s place looking for S’bu and his family. They asked where S’bu and his wife and children are staying now. We don’t know who they were but they were clearly hostile.

The ANC continue to attack Zikode by all means. They say that he doesn’t follow the ANC code of conduct, that he is stopping development, that he has a big house in Umhlanga. The first one is true – that is his right. That is the right of all of us. We make no apology for this. The rest is just wild defamation.

On Sunday Willies Mchunu, Nigel Gumde and others held a big meeting in the Kennedy Road Hall. Our attackers were all sitting there. People from the ANC in Sydenham Heights and the Foreman Road settlement were sitting there pretending to be from Kennedy Road. All kinds of lies were told.

The Kennedy 8 are currently being held in the Sydenham Police station and will appear in court again on Thursday. We are told that the ANC is organising across all wards to get their members to the court to demand that the Kennedy 8 do not receive bail. This is not the behaviour of an organisation committed to truth and justice. They should, instead, be asking for a fair and credible investigation into all the acts of violence, theft, destruction and intimidation that have occurred. This is our demand. They should make it their demand too.

At a time when the Kennedy Road settlement is being targeted all the settlements affiliated to our movement across the country say ‘we are all Kennedy Road – if Kennedy Road has committed the crime of organising independently from the ANC and speaking out for justice then we are all criminals’.

At a time when Abahlali baseMjondolo is under attack all the movements that we work with in the Poor People’s Alliance, and others too, say ‘we are all Abahlali baseMjondolo – if Abahlali baseMjondolo has committed the crime of allowing the poor to organise the poor for justice then we are all criminals.’

At a time when threats are being made on the life of S’bu Zikode, and his family (including his children) and when the ANC are waging campaign of slander and vilification against him we say ‘we are all S’bu Zikode – if S’bu Zikode has committed the crime of telling the truth about the lives of the poor and the realities of democracy in South Africa then we are all criminals.’

We want to make some comments about the ongoing and all out attacks on S’bu Zikode from the ANC.

We elected S’bu to represent us. He did not want to be our leader. He never calls himself a leader – people call him a leader. He doesn’t live in a fancy house and drive a fancy car to talk about the poor on stages and in hotels. He lives in a shack and works in the community with the community to give us courage to speak for ourselves. Last year he wanted to step down from the Presidency of the movement. We mobilised for two weeks to persuade him to remain as the President.

We know that two weeks before the attack Jackson Gumede, chairperson of the Branch Executive Committee of the ANC in Ward 25, had said that the Abahlali baseMjondolo (AbM) office would soon be an ANC office. We know that at the same time John Mchunu, chairperson of the ANC in eThekwini accused us of trying to destabilize the country.

We are not a political party. We have never been a political party. We are a poor people’s movement – we are looking for justice, not political power. We have never stood in elections. We don’t even vote because we don’t care about that kind of power. We care about building the power of the community to reduce the gap between ordinary people on the one side and the rich and the politicians on the other side. But the politicians are ignorant. They don’t know what a social movement is. They don’t understand that there can be a politics outside of party politics. In eShowe the IFP recently attacked us for being ANC. When we first started our movement in Durban in 2005 the ANC attacked us for being IFP. Now the ANC are claiming that we are COPE. The ANC have seen the huge support that we have and they fear that S’bu will stand in the local government elections.

They also fear us because we have exposed so much corruption in places like Foreman Road, Motala Heights, Mpola, Siyanda, eShowe and Howick.

They also fear us because we have stood with many other communities who are opposing injustice, such as people in Umlazi and in eMacambini.

They are embarrassed that shack dwellers, ordinary people like us, took them to the constitutional court. And the judgment is coming this week. The sad thing is that if we find that we have won we will have no place to slaughter a cow.

They see the good relationship that we have developed with city officials during our long negotiations from late 2007 as a threat. They see our good relationship with the provincial HOD for housing as a threat.

We are wondering if democracy still exists.

This is not the first time that we have asked ourselves this question. We asked this question when our march was illegally banned and we were attacked in Foreman Road in 2005. We asked ourselves this question when people who challenged the ANC in local government elections in E-Section of Umlazi were assassinated in 2006. We asked this question in 2006 when S’bu Zikode and Philani Zungu were arrested, beaten and tortured while trying to attend a radio interview. We were still asking ourselves this question when our peaceful march was shot at by the police in 2007.

The ANC is about comradism. It is about order and protocol. You must follow the mandate and the mandate always comes from above. AbM can just say ‘No!’. The new ANC committee that have been put in place in Kennedy will find that they are just expected to be puppets. They will find that they are just expected to take orders from above. Zikode had the strength to take the side of the people. They will not have that strength. Even they will realise the value of the river when drought comes.

Our movement is growing. When the time is right we will go back to Kennedy Road. We are prepared to go toe to toe with the ANC but we will not use violence. We will use open and free discussion on the realities of our country. We will counter lies with truth. We will counter a living politics with politician’s politics.

People who belong to prisons must go to prisons. People who belong to Kennedy must go to Kennedy.

Accusations against the Movement

At a time when we are being attacked our attackers, and those who support them, should be subject to intense public scrutiny. However the politicians are doing everything in their power to make us, the victims of this attack, subject to very critical public scrutiny. The most incredible lies are being told about us and our movement. At the same time our attackers are being installed in power in Kennedy Road and introduced to the media as ‘the community’.

Many accusations have been made against the movement by the ANC in recent days. Each day new accusations are made. We will address the main accusations here but we request all journalists to please check with us before reporting any accusation made by the police or the ANC (or people presented by the ANC and the police as ‘community representatives’ – these people may well be the ones that attacked us) as if it were a fact. We can answer any other questions at the press conference tomorrow.

1. The Safety and Security Committee. It has been said that this is an illegitimate structure that has no right to exist. The truth is that this Committee was set up in partnership with the police at the time when the state stopped criminalising our movement and we were successfully negotiating with the state on a whole range of demands. One of our long standing demands has been for equal and fair access to policing. In the past we were denied this and we were all treated as criminals. However when the state began to negotiate with us, a process that began in late 2007, we were able to negotiate with the local police too. The Committee came out of those talks. The Committee is a Sub-Committee of the KRDC which is an elected structure. The police were present at the launch of the Committee. Supt. Glen Nayager was there personally, and they attended its meetings. Representatives from nearby settlements that are affiliated to the ANC also attended its meetings such as Majozi from Quarry Road and Simphiwe from Palmiet. This is all detailed in our minutes of those meetings, and it can also be attested to by many witnesses. It was also covered in the local press – for instance there was an article in The Weekly Gazette of Overport with a picture of the committee and Supt. Nayager. There is nothing unusual about an elected community organisation setting up an anti-crime committee with the police. The government has asked all communities to do this. In fact on the same day that we were attacked Willies Mchunu called for a ‘people’s war against crime’. The day after we were attacked he called the Committee an illegitimate and criminal structure. This was a lie.

2. The so-called ‘curfew’. It has been said that the Safety & Security Committee imposed a curfew on the settlement which meant that people could not watch TV or cook after 7 at night. This is also a lie. The truth is that the Committee did impose a closing time on shebeens. They had previously been running 24 hours a day. There had been complaints about the noise for years and some of the women comrades in our movement had also argued that alcohol abuse is linked to domestic violence. Also, in a situation where there are so many fires, alcohol abuse can put the safety of the whole community at risk. But the main reason for instituting closing times was that since the national election campaign there have been ethnic tensions in Kennedy Road, and in other nearby settlements too. There have been fights and even murders. These fights were all alcohol related and so for the safety of the community we thought that it was necessary to put limits on shebeen hours. The police were present at the meeting where this decision was taken. They suggested that the closing time should be 8 p.m. We suggested that it should be 10 p.m. and in the end it was set at 10 p.m. It is true that the shebeen owners did not like this. But anyone who did not like it could elect new people with different views on to the KRDC in the next election in November, or call for an urgent general meeting and see if there was support to recall the people on the committee and have a new election or take up the issue with the police. Some of the ANC leaders have spoken as if setting closing times for shebeens is some sort of terrible human rights violation that justified the attacks on us. They speak as though the shebeen owners rather than the people who have been attacked and driven from their homes are the real victims. They speak as through the right to drink all night is more important than basic political freedoms and basic safety.

3. AbM is stopping development. Our movement was formed to struggle for development. We struggle for development everyday. But development is not a neutral thing. Some kinds of development are in the interests of the rich and against the interests of the poor. Therefore our movement is specifically committed to struggling for development that is in the interests of the poor. This means that we will oppose a forced removal from a well located shack close to schools, work, health care and so on to a ‘transit camp’ (which is really just a government shack) in the middle of nowhere. This does not make us unique. Poor people’s organisations across South Africa, like the Western Cape Anti-Eviction Campaign in Cape Town and the Landless People’s Movement in Johannesburg take exactly the same position. Poor people’s movements around the world take the same position. Academics and NGOs around the world take the same position. Our achievements in the struggle for pro poor development are a matter of record. In late 2007 the government stopped criminalising our movement and began to negotiate with us. After more than a year of negotiations we signed a memorandum of understating with the eThekwini Municipality in February 2009. That MOU commits the city to provide services to 14 settlements affiliated to the movement and to explore the upgrading of three settlements where they currently are in terms of the government’s 2004 Breaking New Ground (BNG) policy. This MOU is not a secret – it has been covered in the media and we can make it available. The MOU is a major break through for pro-poor development in Kennedy Road, in Durban and in South Africa. It is a major break through for Kennedy Road because in the late 1980s and early 1990s the Urban Foundation had agreed to upgrade the settlement where it was and even started the work – this is when the hall was built. But in 1995 the then Durban City Council cancelled the upgrade and the plan for Kennedy Road was changed to forced removal to a human dumping ground. We won the right to the city for the residents of Kennedy Road. The MOU is also a major break through for Durban because is commits the City to developing settlements in the city instead of forcing people out to rural human dumping grounds. It is a major breakthrough for the country because if followed up it would be the first time that the BNG policy would actually have been implemented. Negotiations on implementing this deal were continuing right up to the attacks and in fact have continued after the attacks. We have also been negotiating for people who cannot be included in the upgrade to be voluntarily relocated to Cornubia which, because it is near Umhlanga Rocks, will have good access to work, schools, clinics etc. We have worked incredibly hard to achieve all these victories for the development of the people of Kennedy Road. The KRDC and AbM signed that MOU. The victory is ours. It came from our blood (when we were being repressed) and our sweat (when we were negotiating).

4. AbM has taken the government to court. This is true. We have often taken the government to court. We have taken the government to court to protect our basic political freedoms such as the right to march, we have taken the government to court to prevent them from illegally evicting us and we have also taken the government to court to have the Slums Act declared unconstitutional. It is being said that this is an attempt to stop development. When the Slums Bill came out we read it together, line by line, and we developed a clear critique of it. We are not alone in our critique of the Slums Act. The Act has been widely criticised as anti-poor, even by the United Nations Special Rapporteur on Housing and our actions against it have been widely supported. We have the same right as everyone else to form opinions about government policy and legislation and to take our views before the courts for their consideration. Taking the government to court is a basic democratic right. It is not a crime – but killing people, chasing people from their homes and their community, destroying their homes and looting their goods and using death threats to ban a democratic political organisation from an area are all crimes.

5. We have travelled overseas. We do not hide anything about these discussions. We have gone overseas recently. We have been invited by churches to visit England and America. We go there to speak the truth. That is our right.

6. We have international support. It is true that we have supporters in other countries. Most of these people are the same people that supported the struggle against apartheid. They are supporting our struggle because our struggle is clearly just. There are also some young people who see that there is injustice in our world, see that we are standing up for justice and want to work with us. Some have come to live in our settlements for a while to see how we make our homemade politics.

7. We Have Money. When we started our movement we had no money. We had nothing but our will. In recent years we have got a little support, mostly from churches. We have always refused money when we have felt that people were trying to buy over movement. We have never been paid to struggle. We are elected to positions and we serve as volunteers. We still have to work for a living. Our movement is not professionalised. The money that we have got in recent years is very small – before the attack we had an office but the phone was often cut off because we couldn’t pay the bill. All our records were kept in the office. Anyone could see them at any time. We also have a list of all the people who have supported us materially on our website. We note that unlike us the ANC refuses to be open about its funders.

8. We did not Attend the Meeting at Kennedy on Sunday. Of course we didn’t attend the meeting at Kennedy on Sunday. We received no proper invitation to it. And who in their right mind would attend a meeting after receiving death threats from the same people that would be at the meeting? Who in their right mind would attend a meeting where the people who had just destroyed their home would be presented as ‘the community’? Who in their right mind would attend a meeting where their supporters would be too scared to attend with them and too scared to speak if they were there. That meeting was like an ANC rally and it would have been used as a kangaroo court if we had gone there. There were people there from Sydenham Heights and Foreman Road who were speaking as if they were from Kennedy! At this meeting the ANC announced all the victories that we have struggled for, and worked for over so many years, as if they were theirs! The ANC has a long history of hi-jacking people’s struggles and claiming them as their own.

Our Demands

1. There needs to be an immediate restoration of democracy in Kennedy Road. This includes:
• The right of everyone who was chased out of the settlement or displaced by the violence to return to the settlement and to be safe in the settlement.
• The right of Abahlali baseMjondolo to work in the settlement without fear of attack or intimidation or slander.
• The restoration of our office to us and a guarantee that the office will be safe.
• The disbanding of the unelected structures that the ANC has instituted in the settlement and the return to authority of the democratically elected organisation that was running the settlement before the attacks or the holding of genuinely free and fair and safe elections in the settlement. If the democratically elected organisation (the KRDC) that was displaced in the coup is returned to its rightful place the next election will be in November.

2. There needs to be a genuinely independent and credible investigation into the attacks at Kennedy Road (including the demolition of people’s houses, the looting, the banning of AbM from the settlement and the ongoing threats to AbM members in and out of the settlement) that includes an examination of the role played by everyone including the police, the local ANC and the comments and actions of senior ANC people in the Municipality and the Province after the attacks. It must include fairness and justice for the Kennedy 8.

3. There must be compensation and support for those who have been injured and traumatised, those who have had to flee the settlement, those whose homes and businesses have been destroyed and those who have lost everything that they own.

4. There must be a crystal clear commitment from the ANC, from the top to the bottom, to the right of all people to organise independently of the ANC, to protest against the ANC, to challenge the ANC’s understanding of development and to take the ANC government to court.

5. The ANC must make a public commitment backed up with real action to ensure the safety of S’bu Zikode and all other AbM leaders.

6. There must be genuine and safe negotiation on the way forward between the ANC and AbM. These negotiations should be mediated by someone that we all trust. We know that there are many democrats in the ANC and we hope that they will prevail over those who have cast us as enemies to be attacked and eradicated by all means. Kangaroo courts are not places for real negotiations.

7. In yesterday’s Isolezwe the Housing MEC said that she will provide housing for those who have been displaced. We welcome this announcement but we demand that those who have had their homes destroyed and all their things stolen should be at the top of the list. This includes S’bu Zikode, Mashumi Figlan and the KRDC.

Solidarity Actions

Many people have contacted us asking what they can do to support us. We want to thank all those who are supporting us – especially the church leaders and all those comrades who organised protests in London and in iRhini. We are making the following suggestions:

1. Affirm our right to exist and our right to be critical of the government.
2. Organise in support of our demands.
3. Support those of us who have lost their homes and all their possessions with material support.
4. Support those of us who are traumatised, including the children, with counselling and spiritual support.
5. Organise serious discussions about the nature of democracy in our country – and include delegates from poor people’s organisations in those discussions on the basis of equality.

Contact Details for Further Information and Comment

The Kennedy Road Development Committee

Mzwake Mdlalose: 072 132 8454
Anton Zamisa: 079 380 1759
Bheki Simelane: 078 598 9491
Nokutula Manyawo: 083 949 1379

Abahlali baseMjondolo Leaders from Other Settlements in Durban

Alson Mkhize: 082 760 8429
Shamita Naidoo: 074 315 7962
Mnikelo Ndabankulu: 079 745 0653
Zodwa Nsibande: 082 830 2707
Mazwi Nzimande: 074 222 8601
Ma Shezi: 076 333 9386

The Poor People’s Alliance

Abahlali baseMjondolo of the Western Cape – Mzonke Poni: 073 256 2036
The Landless People’s Movement (Gauteng) – Maureen Mnisi: 082 337 4514
The Rural Network (KZN) – Reverend Mavuso: 072 279 2634
The Western Cape Anti-Eviction Campaign – Ashraf Cassiem: 076 186 1408

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Sowetan: How a poor people’s movement was crushed

http://www.sowetan.co.za/News/Article.aspx?id=1074845

How a poor people’s movement was crushed
06 October 2008
BOLEKAJA! – Andile Mngxitama

“THE ANC has invaded Kennedy Road. We have been arrested, beaten, killed, jailed and made homeless by their armed wing.”

These are the distressing words of Sbu Zikode, now in hiding. He is president of the squatter movement Abahlali baseMjondolo (AbM).

The AbM was formed in 2005 in Durban’s Kennedy Road squatter camp. The people were tired of the empty promises from politicians. They started to demand and to organise – and now they are being punished.

Last month the youth wing of the AbM was holding a meeting when about 40 armed men attacked them, reportedly shouting “amaMpondo are taking over Kennedy. Kennedy is for the amaZulu”.

The attack on the poor has now become a tribal one as we wait for the whirlwind brought about by our “democracy”. The poor will increasingly be set against each other in the drive for political office and wealth.

The Kennedy attack left at least four people dead and thousands were forced to flee the settlement. The local ANC then apparently installed itself as the “sole authentic authority” in Kennedy.

The provincial government and the police appear to be in cahoots with this violent ANC militia. How else do we explain that those arrested were AbM members, the very people who have been attacked, their houses and businesses burnt down?

It is reported that when the police arrived on the scene the marauding mobs continued their mayhem – without any police intervention.

Clearly, the AbM has become a nuisance. It questions, it exposes and it’s cheeky. In the last elections they even had the gall to say: “No land, no houses, no water – no vote!”

The politicians are not going to rest until they have destroyed the voices of the poor who speak up and speak back.

Real democracy is under attack and we seem to be sleeping through it all. We can already see the heavy- handed responses of the police against service delivery protests.

It’s as if our beloved Msholozi is giving his children rubber bullets instead of the promised land of milk and honey.

The attack on the AbM moved Bishop Rubin Phillip, a friend of the late Steve Biko and now the Anglican Bishop of KwaZulu-Natal, to say: ‘I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement.

“In recent years I have spent many hours in the Kennedy Road settlement. I’ve attended meetings, memorials, mass ecumenical prayers and marches.

“I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people. I have seen the best of our democracy here. I have tasted the joy of real social hope here.”

It is this democracy of the ordinary people that is being murdered by local politicians, with the active support of the ANC and government.

The excuses by the local police used to justify the ANC takeover are laughable. They say the violence was caused by the AbM through the community safety initiatives they undertook, including the curfew on shebeens to stop trading after 10pm.

The truth is the police were first informed about these initiatives to curb violence exacerbated by alcohol abuse.

The truth is the poor have to take up their own initiatives after being abandoned by their government.

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Statement by the South African Council of Churches

http://www.sacc.org.za/news09/kennedy.html

SACC APPALLED BY VIOLENT ATTACKS AGAINST DEMOCRACY

The SACC is appalled by the violent attacks against defenceless and poor members of the community of Kennedy Road, Durban – known as Abahlali baseMjondolo. We are shocked at the savage attacks on their leadership. The sin of members of this community is resisting relocation and fighting for a place to call home. In May 2009 they took their plight to the Constitutional Court. Such actions amplify the commitment of this destitute community to seek redress through democratic and constitutional means.

On Saturday night (27 September 2009) armed bandits – apparently masquerading as a registered security company – launched savage attacks against the leadership of the Abahlali baseMjondolo and wider community of Kennedy Road. Police were alerted to the attacks and called to intervene, but inexplicably failed to provide protection and to quell the violence and destruction that lasted for twenty-four hours. Several people were killed and scores of people were left homeless and had to flee with only the clothes on their backs.

One victim claimed that “the only sin we committed was to engage in peaceful and democratic actions to secure a place for our children and loved ones”.

Bishop Rubin Phillip who is the chairperson of the SACCs provincial structure, the KwaZulu-Natal Christian Council, and Anglican Bishop of Natal stated that “I was torn with anguish when I first heard of the unspeakable brutality that has raged down on the Kennedy Road shack settlement”. He has in recent years spent many hours in the settlement and continues to provide pastoral support to this community. The Anglican Archbishop of Cape Town, Thabo Makgoba, endorses the condemnation of the Kennedy Road attacks.

“This horrific attack can only be construed as an attack on democracy”, Eddie Makue of the SACC asserts. “We are alarmed by the way in which legitimate community struggles are being criminalised. Community members who are asserting their rights can not be treated as criminals. The Abahlali baseMjondolo has been seeking redress in a responsible and democratic manner”.

Those who launched the attacks on the Kennedy Road community have not been apprehended. Instead, community leaders have been imprisoned. Therefore the SACC supports Bishop Rubin in calling for “a credible and independent force to be deployed as a matter of urgency”. The Sydenham Police failed to provide the security that the people of Kennedy Road deserve.

Prof Maluleke, the SACC President, expressed his condolences with those who lost their relatives during these attacks. “It is unjust enough to be poor and destitute, but to be attacked and killed for struggling against poverty and destitution is worse. We shall approach political authorities to ensure that the people’s hopes in democracy are not destroyed. We appeal on the provincial government to do everything within their power to put an end to the senseless violence”, said Maluleke. “We call on all who believe in and support democracy to demonstrate support for the people of Kennedy Road by contributing towards the relief fund started by Bishop Rubin”.

Donations can be made to: Diocese of Natal Trust Account, First National Bank, Account number: 509 3118 7386, Midlands Mall Branch, Pietermaritzburg, South Africa.

For more information, contact: Mr. Eddie Makue, General Secretary (082 853 8781)

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Living Learning

Click here to download the Living Learning booklet in pdf.

Living Learning

Just two days before Abahlali baseMjondolo was violently attacked in Kennedy Road, the movement was in celebratory mood as hundreds of shackdwellers crowded into the eMmause Community Hall on Heritage Day, 24th September, for the launch of a new booklet, Living Learning.

Living Learning is the collected notes from an extraordinary series of discussions between militants of two key movements in contemporary South Africa, Abahlali baseMjondolo and the Rural Network. When, in late 2008, they made the decision to publish them, these authors explained that “this Living Learning is a living testimony and a record of how we made reflections and distinctions about what we face in life and in our learning. Living Learning is part of a living politics”.

Living Learning captures some of the best of the life, thought and struggle of these two key South African movements. That the ANC and the police launched a violent coup against Abahlali baseMjondolo in its best known base in Kennedy Road is of course reprehensible and must be exposed and resisted – but it is also perfectly understandable, even anticipated, in the analysis that emerges in Living Learning. In the booklet, movement militants describe this lifelong 'living learning' as:

“a learning that helps us become questioning people – to the powerful, we become suspicious, we become trouble-makers and they do not want us to continue this kind of lifelong learning”.

The movement militants said that this 'living learning' is “is not about heavy things to be learned by us 'fools' from 'smarter' people. Publishing a booklet out of our Living Learning could also be there for those 'smarter' people to learn from the 'fools'.”

The 'fools' had been mandated by their movements to attend a participatory development course at the University of KwaZulu-Natal, and the Living Learning discussions ran parallel to that course as a movement-directed space for critical reflection. The content and the curriculum is nothing other than the militants' own identification and analysis of the connections between life and struggle; between the universities of movements and of academia. It's publication is a decisive demonstration of the reality and value of the deep intellectual work that informs and shapes the praxis of these movements.

Within the overarching commitment to a movement praxis of “Living Politics”, this deep intellectualism is a popular project not, as is more normal, an elite one that reinforces inequality. The authors themselves note that “there is this assumption… that when you go to the academic university you don't think about what you are learning daily in life, but you are just theorising and talking about the people. Education can sometimes destroy our struggle – when education makes leaders think of the people that they came from as the 'uneducated' ones, those who 'do not understand', those that we move away from. But if this publication comes, it will show that it can be different; that the people and daily life are included by us in our Living Learning, and that the work continues. And this is part of the thinking about bringing the two universities together. Perhaps we can talk of achieving the 'Universal University' – invading the academic one in order for it to benefit the people”.

The Living Learners gave their notes to academics Nigel Gibson, Anne Harley and Richard Pithouse, and asked them to collaborate and write some thoughts about what they read. The resulting piece, “Out of Order: A Living Learning for a Living Politics”, is also featured in the booklet. In their conclusion, Gibson, Harley and Pithouse say they “thank the comrades … who were part of the Living Learning project … for the honour of their invitation to write a piece for their booklet. … The movements and their alliance face all kinds of challenges and the future is not, at all, certain. But Living Learning, along with various other records of the intellectual work done in the movements – press releases, films, essays, songs, speeches, interviews and files and files of meeting minutes, and so on – makes it is very clear that the movements have laid an excellent intellectual foundation for the next phase of struggle. If, as the radical French philosopher Alain Badiou argues, “a struggle prevails when its principles are clear” then the movements are in with a fighting chance. We salute them. Qina!”

For the movement-based authors, the booklet is “an invitation to the world to “take your time and read it”, you can learn from it, it is living – not in the distant past. It can generate and provoke debate and discussion, even critique”.

Under the current circumstances, inviting the rest of world to share in the project of 'living learning' is a matter of urgency and practical politics connected with the imperatives of a living politics. The violent take-over of Kennedy Road perfectly illustrates the morbid and stultifying regime of death that passes for 'politics' in South Africa:

“Our country is caught in a politics that often prevents us to search for real truth. We don't say that we in the movements are perfect, but at least we are trying, we are opening these gates; at least we are on a right path to search for the truth. We have a deep responsibility to make sure that no-one can shut these gates”.

Mark Butler
2 October 2009.

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The Archbishop of Cape Town Speaks Out

Click here to see the Archbishop’s letter to Bishop Phillip.

The Archbishop of Cape Town Endorses the Bishop of Natal’s Condemnation of the Kennedy Road Attacks in Durban

Press Statement, 1 October 2009

The Anglican Archbishop of Cape Town has lent his weight to the Bishop of Natal’s condemnation of recent brutality in the Kennedy Road shack settlement of Durban. ‘I share Bishop Rubin Phillip’s view that it is a profound disgrace to democracy, that militia have been allowed to drive out the leaders of the Abahlahi baseMjondolo movement, and many hundreds of families with them’ said Archbishop Thabo Makgoba.

‘When we remember how much we suffered, and how hard we struggled, in order to ensure that an armed minority could no longer exert oppression and deny freedom of speech, of opinions and of dissent, it is completely unacceptable that such intolerance should rear its head again in a different political guise’ the Archbishop said, strongly endorsing the statement issued by the Bishop of Natal, who also chairs the Kwa Zulu-Natal Christian Council. ‘I too shall be making political representations’ he added, inviting others to take up Bishop Rubin’s proposals for supporting the displaced, whether through political action, through material support, or through prayer for all those injured or bereaved. ‘The people of our country deserve better than this’ he said. ‘Political leaders and the police must ensure that democracy and the rule of law are upheld.’

Issued by the Office of the Anglican Archbishop of Cape Town

Inquiries: Cynthia Michaels on 021-763-1320 (office hours)

The full text of Bishop Rubin’s Statement is carried below.

More details of Abahlahi baseMjondolo are available at http://www.abahlali.org/

Democracy Under Attack in Kennedy Road, Durban

I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement. In recent years I have spent many hours in the Kennedy Road settlement. I’ve attended meetings, memorials, mass ecumenical prayers and marches. I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people. I have seen the best of our democracy here. I have tasted the joy of real social hope here.

The achievement of our hard won democracy was a great moment of shared grace. The militia that have driven the Abahlali baseMjondolo leaders and hundreds of families out of the settlement is a profound disgrace to our democracy. The fact that the police have systematically failed to act against this militia while instead arresting the victims of their violence and destruction is cause for the gravest concern. There are credible claims that this militia has acted with the support of the local ANC structures. This, also, is cause for the most profound concern.

I have shuddered to the core as my thoughts have, with those of many others, turned to the attacks on democratic politics unleashed by apartheid and its allies in the 1980s. Once again people have been beaten, had their homes destroyed, been driven from their community and killed for their political views and practices. Once again an armed minority have used violence to implement a ban on a democratic organisation favoured by a majority. Once again there is just cause for deep concern about the role of the police. Once again we in the churches are looking for safe houses for activists, accommodation for political refugees who have fled with nothing more than the clothes on their backs, doctors for the injured and lawyers for the jailed. Horrors that we all believed to have been buried in our past now stalk the present. This is unacceptable. There can be no compromise on this score. I will take my anger and my fear for the future of our democracy to the highest levels of leadership in our country and to our sister churches around the world. I encourage others to do the same.

In 2007 I was part of a group of church leaders that issued a statement testifying to the brutality and political intolerance that the Sydenham Police had unleashed against Abahlali baseMjondolo in our presence. It is clear that the Sydenham Police should not be allowed to police Kennedy Road or to investigate the crimes that have been committed in recent days. A credible and independent force needs to be deployed as a matter of urgency.

It is equally essential that all of our political leaders take immediate steps to distance themselves from the actions of the militia that have seized control of the settlement, that they call party members who have been complicit with this militia to account, and that we all affirm that Kennedy Road and its residents have the same right to democratic practices as everywhere else and everyone else in South Africa. This includes the right to dissent.

Of course my condolences go out to all those have lost people whom they love and on whom they depend. It seems that some among the militia that launched the attack on the elected leadership of the settlement may also be among the dead. If, as may well be the case, the militia has been exploited by local elites determined to roll back the development of a vibrant popular democracy then we will pray for their own healing and for a turn away from violence and lies and towards life and truth.

Many people are asking what they can do. I would like to make three suggestions:

1. It is essential that the attack on democracy in Kennedy Road is widely publicised so that we can all confront what has happened and ensure that it never happens again. We need to give platforms to the victims of these attacks where ever we can.

2. It is also essential that we convey our concerns to our political leaders with urgency and clarity. I will be writing to President Zuma and encourage others to do the same.

3. Many people have fled their homes with nothing but what they could carry. They need urgent financial assistance. I have agreed to co-ordinate a relief fund and donations can be made to: Diocese of Natal Trust Account, First National Bank

Account number: 509 3118 7386; Branch code: 257 355, Midlands Mall Branch, Pietermaritzburg, South Africa

A democracy that is not for everyone is a democracy in name only.

29 September 2009

Bishop Rubin Phillip

Anglican Bishop of Natal (KZN) and Chairman of the Kwa Zulu-Natal Christian Council

Email: bishop@dionatal.org.za

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Solidarity Statement from Movement for Justice in El Barrio

STATEMENT OF SUPPORT TO THE SHACK DWELLERS MOVEMENT OF SOUTH AFRICA FROM MOVEMENT FOR JUSTICE IN EL BARRIO IN NEW YORK CITY.

To our sisters and brothers in Abahlali baseMjondolo [AbM] (Shack Dwellers Movement), the Kennedy Road Settlement in Durban, South Africa:

Greetings in solidarity on behalf of Movement for Justice in El Barrio. We want you to know that we, the simple and humble people of East Harlem, New York, are filled with rage for everything that is happening to you, our sisters and brothers, in your country of South Africa. It pains us to hear that 3 members of your community have been pronounced dead and there may be more, many are missing, and even more are seriously injured. This repression that began on the evening of Saturday September 26th, and has yet to cease, in the form of invasion and violent raids in your community are a blatant attack on democracy and the movement for the power of poor people.

It is obvious that not only are the local police behind what is happening in the Kennedy Road shack settlement, but local politicians, that are members of the state party, the ANC, as well. We know that when the Sydenham police were called, they did not respond, and that police dressed in plain clothes that were present during the attacks did nothing to stop the destruction. In addition, we know that of the arrests that have been made so far, none of the people who are part of the militia that launched this completely unprovoked attack on Saturday evening have been arrested, and that most of the Kennedy Road Democratic Committee (KRDC) is behind bars at the Sydenham Police station (including those that were not even present during the attacks because they were attending a public event nearby!).

It is obvious that the police knew about these attacks and that they support this militia that clearly wants to destroy everything the Kennedy Road shack settlement has created and stands for. And, of course, the police can do this because they know they can get away with it as they have the support of powerful local politicians who want to destroy the Abahlali baseMjondolo (Shack Dwellers Movement) and KRDC because they are in the way of their political and economic control.

As we stated to you when you visited us, we stand with you sisters and brothers because we too are fighting the same system that uses vicious and aggressive strategies of displacement to remove us from our homes, only we are in different places. But no matter, we know that in all parts of the world the capitalist system and its political class from above impose these practices against the simple & humble people.

Which is why we are sharing these words from across the oceans and continents to let you know, from here in East Harlem, New York, that we are going to support you and we will do everything necessary so that this ends in favor of the South African community, so that one day in the future we all will be able to achieve our liberation.

Sisters and brothers you are not alone, we are with you and unite in one cry of dignified rebellion and rage.

Long live the dignified struggle of the Abahlali baseMjondolo!

Sincerely,

Movement for Justice in El Barrio

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Abahlali on DemocracyNow!

Full background at DemocracyNow

JUAN GONZALEZ: We end today with a look at South Africa, which is poised to host the World Cup, the premier international football competition, next year. While Durban completes the finishing touches on its new stadium, thousands of the city’s poor who live in sprawling informal settlements are threatened with eviction by the ruling African National Congress’s, or ANC’s, slum clearance policies.

Late this Saturday night, an armed gang of some forty men attacked an informal settlement on [Durban’s] Kennedy Road killing at least two people and destroying thirty shacks. A thousand people have reportedly been driven out of the settlement. Eyewitnesses say the attackers acted with the support of the local ANC structures. Members of the Durban Shack Dwellers Movement, which brings together tens of thousands of shack dwellers to demand their right to fair housing in the city, were holding a youth camp when they were attacked.

AMY GOODMAN: Well, last month we interviewed a young leader from the Shack Dwellers Movement, eighteen-year-old Mazwi Nzimande. He is president of the movement’s youth league. He has been displaced by this latest attack. He’s currently in hiding. We also spoke with Reverend Mavuso Mbhekiseni from the Rural Network in South Africa. They were in the US speaking out against the anti-poor policies in post-apartheid South Africa.

I began by asking Mazwi to explain the Shack Dwellers Movement.

MAZWI NZIMANDE: The Shack Dwellers Movement is a movement that was made by the poor people, the people who were waiting for housing since 1994. It’s the movement that is made out of poor people only, because the poor people are feeling betrayed, so they decided to join hands together and approach the government and make the government to be aware. They say there are still poor people in South Africa, because they feel that they are the forgotten citizens of the country. The only thing that is being remembered is to build stadiums for the 2010 World Cup. They don’t talk about the poor people anymore. They’re only talking about promoting the country, so the poor people decided to join hands together and approach the government and say, “Hey, we are still existing in the country, so we are still waiting for those houses.”

JUAN GONZALEZ: What is the [Slums] Act? When was it passed? And what has been the impact of it on the poor communities of South Africa?

MAZWI NZIMANDE: The Slums Act was first a bill in 2006, when the Shack Dwellers Movement was invited at the provincial parliament in Pietermaritzburg, when it was still a bill, you know. So we were invited to come and observe while they were introducing the Slums Act. And it has not been good for the shack dwellers, because the Slums Act says you should not resist eviction. If you resist evictions, you might be fined 20,000 rand or being sentenced at five years. So, most of us cannot afford that, because we want to be in our shacks, we want to be close in the city. I mean, that’s what we want. We want the government to provide houses where the people are, close to our working place, close to our schools, close to the hospital. Plus, we have a right to be close to the city.

AMY GOODMAN: Isn’t South Africa unusual in that it has housing as a human right written into the Constitution?

MAZWI NZIMANDE: It does, yes. But now, it seems like it’s working for certain individuals, not for the poor people, because you will be surprised and shocked when you go to South Africa and see thousands and thousands of informal settlements. And then we just don’t understand, because, I mean, since 1994, these people are still on the waiting list. Each informal settlement has about 7,000 people. And in our movement in Durban only, we have fourteen settlements, and each of those have about 7,000, 5,000. And you will just find it so hard to understand why at this time of the year.

AMY GOODMAN: Mazwi mentioned the World Cup. It’s almost the only way we talk about South Africa today in the United States. But what exactly is happening to people as a result of the World Cup, which is watched by over a billion people and is going to be in South Africa for the first time?

REV. MAVUSO MBHEKISENI: Our government is concerned about developing spaces, not population development. So, as they develop spaces, they move away people. They say people should move away, so to pave way for the development, to help it. So, by building these stadia, they are moving people away from the cities and away from their original places, even in rural areas, because they want to build malls, big malls. They want to build freeways, so that, to us, this World Cup is a mass eviction of poor people. So that’s what is happening in South Africa. We are not going to live and stay in the stadia. We are not going to sleep there. So they are destroying our houses or our homes. Because we can afford those homes, so they say—they call them slums, and so we are evicted. So we are saying this World Cup is accompanied by evictions and destruction of our own—and demolishing of our own homes.

JUAN GONZALEZ: And when you say they are moved out, does the government—where are they being moved to? Is the government providing them adequate housing where they’re being moved to?

REV. MAVUSO MBHEKISENI: Government is promising them that they are going to have houses about fifty kilometers away from the cities, only to find that there are no houses. You will be moved to transitional relocation camps, where they say you have to wait for some—it’s ten years before you get housing.

AMY GOODMAN: Give us a historical perspective. Reverend Mavuso, you were there before the first democratically elected government of Nelson Mandela. You were there under apartheid. Compare that to today.

REV. MAVUSO MBHEKISENI: There is now a widening gap between the rich and the poor. During apartheid, it was the whites and blacks. So, now that is the type of apartheid that we see now, that people are getting more richer, and people are getting more poor.

AMY GOODMAN: Did you ever get a chance to meet Nelson Mandela? You’re eighteen years old, but President Mandela is still alive.

MAZWI NZIMANDE: I mean, I didn’t get a chance to see the days of Nelson Mandela, but, I mean, I’m hearing things that he’s such a wonderful man, he’s such a good man. You know, he has that powerful voice. But I don’t believe, because he is still alive, but there are informal—there are shack dwellers in South Africa, but he hasn’t said anything. There is that huge gap. Mandela is up there, and the people are down there, so it’s very hard to, like, get a chance to meet with Nelson Mandela. Even the current president, I haven’t met him, you know, because those people are high up. The only time they come to the communities is when the elections are going to take place. And they come with bodyguards. So, for me, it’s hard to understand why does a man that we must elect as a president come to our community, has bodyguard. That means he fear us, you know. So how can we access the man who comes with bodyguard in our communities? I don’t understand.

JUAN GONZALEZ: And if it’s true, as you say, that there’s been so many problems in terms of the widening gap in the country, why is the ANC leadership still receiving such huge support at the polls?

REV. MAVUSO MBHEKISENI: People were educated, through what we call domestication, that they should love one party, because that party gave them—will give them freedom. This is a majority party of—and it is a black government, so they say if we vote for another party, then it means it will not be democracy. They think democracy comes with the ANC. So they think ANC is democracy.

AMY GOODMAN: Rev. Mavuso of the Rural Network in South Africa and eighteen-year-old Mazwi Nzimande, president of the Shack Dwellers Movement’s youth league. We only have fifteen seconds, but he is now in hiding after a major attack on their shacks this weekend, Saturday night.

Mazwi, what happened? Very quickly, who did this? Who attacked people, killed two and hurt the shacks?

MAZWI NZIMANDE: Thank you. Firstly, we were not there, but on Sunday during the day, we went back to Kennedy Road to check on how things were, how the conditions were. I mean, it became clear when we saw the ANC guys who were there, you know, enjoying themselves, having that gathering. Even the [inaudible]—

AMY GOODMAN: We have five seconds. We have five seconds.

MAZWI NZIMANDE: Even, I mean, so clear, it’s the ANC, because they have mentioned it, that they want the whole informal settlement to be known to the ANC [inaudible]—

AMY GOODMAN: Mazwi Nzimande, we have to leave it there.

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Update from Kennedy Road

Friends and comrades

The movement is still under attack in Kennedy Road and the police are still failing to protect us. The settlement is now run by the chairperson of the local ANC branch, Jackson Gumede, and his armed mob. Gumede is asking people to show ANC cards. Senior people in the ANC and the police continue to offer open and public support for the attacks. None of the people that attacked us and destroyed our homes have been arrested. Many of us are still sleeping in the bush and in the streets. There has been another death in hospital.

Our members from across 34 settlements in Durban, and some from other settlements as far away as Cape Town, will soon meet in a secret location. We will formulate a plan of action and draft and issue a full and official press statement.

Right now, in this emergency statement, some things must be cleared up:

1. Willies Mchunu and Hamiliton Ngidi are claiming that Safety Committee set up in Kennedy Road is some sort of illegitmate and sinister ‘forum’. In fact it was set up in partnership with the local police – they were at the launch and attended its meetings. We have the minutes of all these meetings.
2. Willies Mchunu and Hamiliton Ngidi are claiming that the Safety Committee implemented a curfew in the settlement and are implying that this justifies the violence against us, the destruction of our homes and the banning of our movement from the settlement on the pain of death. In fact the Committee decided, together with the local police, to set closing times on the shebeens. They had previously been open 24 hours a day. A decision was taken that they must close at 10 in the evening. There were a number of reasons for this decision – problems with noise, requests from the women’s movement within our movement to reduce shebeen hours due to the link with violence against women, the danger of fires when people are drunk etc. But the main reason was that since Jacob Zuma’s campaign ethnic tensions have been rising in the settlements. There have been fights, even murders. These fights are usually linked to alcohol therefore it was neccessary, in order for the safety of the community, to reduce alcohol abuse. This decision was taken by a sub-committee of an elected body and the police were at the meeting were it was taken. This decision was not a rights violation. Those people who didn’t like it (i.e. the shebeen owners) could have nominated their own candidates with their own mandate for election to the KRDC in November (when the next election was scheduled)
3. The ANC is telling people in the settlement that Abahlali is Cope. This is another lie. We took a No Vote position in the election because all the parties are for the rich and against the poor. Our politics has always been a non-party politics. This is all a matter of public record. But the point is that even if we were COPE (which we arecertainly not) in a democracy you have the right to choose what ever politics you want – irrespective of whether you live in a shack or a house.

We thank everyone for the solidarity rushing to us, and in support for democracy, from around the world.

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Eyewitness Video Testimony

New video has been put together from the scene at Kennedy Road. Eyewitnesses to the menacing mob on Saturday night directly contradict both the official ANC story that ‘Abahlali-connected people’ perpetrated the attack and the ridiculous comment by Ward Councilor Yakoob Baig that the community is ‘terrified of Abahlali’. The slightest scrutiny reveals that in fact Abahlali was the target of the vicious 36 hours plus of deadly mob violence. In the 3 days since at least 4 people have been killed, many injured and over 1,000 have been displaced from the settlement under threats of violence. Their safe return has no secure guarantee and has not even been addressed by the ANC or police. The ANC’s persistent support and connection to the actual attackers proves that the government is at a minimum complicit in the violence. At the moment no member of the armed mob these witnesses were threatened by has been arrested while 8 unarmed members of the Kennedy Road safety committee, which was protecting Abahlali members that night, are in police custody facing possible murder charges. Abahlali President S’bu Zikode and Vice President Lindela Figlan remain refugees, unable to return to their homes at Kennedy Road while the armed mob holding death threats over their heads roams free to terrorize the remaining residents at the settlement. In fact anyone with even the most cursory connection to Abahlali, for example the ladies who cook for children in the crèche near the Abahlali office are being threatened and forced to leave. Please watch this video as it is an important counter to the blatant lies being peddled by the ANC and swallowed whole by much of the South African media. You can watch on YouTube here.

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Protest at the South African Embassy in London on Wednesday 30 September

PICKET TOMORROW IN PROTEST AT VIOLENT ATTACKS ON ABAHLALI BASEMJONDOLO


The London Coalition Against Poverty Picket the South African Embassy in London. Click here to see video footage of the protest.

*6pm* *Wednesday 30th September*

*South African High Commission*
South Africa House
Trafalgar Square
London WC2N 5DP

Abahlali baseMjondolo, the shack dwellers’ movement in South Africa who sent representatives to the UK a couple of weeks ago, is under violent attack and fighting desperately to save their homes and their organisation from ANC supported “development” (ie demolition)- physical and political annihilation.

Is this what the shack dweller kids of Soweto brought apartheid to its knees for?

On Saturday night a group of about 40 men, heavily armed with guns, bush knives and even a sword, attacked a meeting of the Kennedy Road Development Committee (KRDC). The attacks have continued, causing 1000 people to flee the area.

The attacks are a concerted effort by the local ANC in collaboration with land-owners and ethnic fascists to shut the movement down. Key activists have been arrested or are in hiding under death threats.

More details of the attack:

Kennedy Road Development Committee Attacked – People Have Been Killed

and on the Abahlali baseMjondolo website: http://abahlali.org

Called by members of the London Coalition Against Poverty
www.lcap.org.uk

Update
Footage of protest here

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The ANC Has Invaded Kennedy Road

The ANC Has Invaded Kennedy Road

zikode's house
S’bu Zikode’s house destroyed by the ANC militia – along with all the houses of AbM leaders in the settlement.

The ANC has invaded Kennedy Road. We have been arrested, beaten, killed, jailed and made homeless by their armed wing. This is what it took for Yakoob Baig and Jackson Gumede to finally take back the settlement.

This was a very well organised crime. It is not just an attack on the KRDC. It is not just an attack on AbM. It is an attack on our politic.

This attack is an attempt to suppress the voice that has emerged from the dark corners of our country. That voice is the voice of ordinary poor people. This attack is an attempt to terrorise that voice back into the dark corners. It is an attempt to turn the frustration and anger of the poor onto the poor so that we will miss the real enemy.

Yakoob Baig says that ‘harmony’ has been restored. For the ANC harmony means their power and our silence. For us our silence means evictions, shack fires, children dying of diarrhoea and the organised contempt that we face day after day. Therefore we have to speak. We have to break the ‘harmony’ that is our silence in the face of our oppression.

Our movement has won many victories. We have forced the state to accept that there will be nothing for us without us. We have forced the state to accept that they must negotiate our development with us. Our politics is a common politics. We have, in many places, raised the common politics above the politicians’ politics. For this some politicians hate us.

And we must not forget that we have exposed the corruption of many senior officials – most recently in Siyanda, eShowe, Mpola and Howick. We have also exposed how ‘housing delivery’ is actually a form of oppression breaking up communities and forcing people into ghettos far outside the cities. We have done this most famously with our case in the Constitutional Court against the Slums Act. That judgment will be coming out very soon.

For all these reasons the strength of the movement, the strength of those who are supposed to be weak and silent and powerless, is taken as a threat.

Our crime is a simple one. We are guilty of giving the poor the courage to organise the poor. We are guilty of trying to give ourselves human values. We are guilty of expressing our views.

Those in power are determined not to take instruction form the poor. They are determined that the people shall not govern.

What prospects are there for the rest of the country if the invasion of Kennedy Road is overlooked?

In this time when we are scattered between the Sydenham jail, hospitals, the homes of relatives and comrades, or even sleeping in the bushes in the rain, we are asking for solidarity. In this time when we do not know if the state will allow us to continue to exist we are asking for solidarity. In this time when we do not know if we will also be attacked in Motala Heights or Siyanda or anywhere else we are asking for solidarity.

Our message to the movements, the academics, the churches and the human rights groups is this:

We are calling for close and careful scrutiny into the nature of democracy in South Africa.

Sibusiso Innocent Zikode
President of Abahlali baseMjondolo (and, consequently, political refugee)
083 547 0474

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Democracy Under Attack – A Statement by Bishop Rubin Phillip

Democracy Under Attack in Kennedy Road

I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement. In recent years I have spent many hours in the Kennedy Road settlement. I’ve attended meetings, memorials, mass ecumenical prayers and marches. I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people. I have seen the best of our democracy here. I have tasted the joy of real social hope here.

The achievement of our hard won democracy was a great moment of shared grace. The militia that have driven the Abahlali baseMjondolo leaders and hundreds of families out of the settlement is a profound disgrace to our democracy. The fact that the police have systematically failed to act against this militia while instead arresting the victims of their violence and destruction is cause for the gravest concern. There are credible claims that this milita has acted with the support of the local ANC structures. This, also, is cause for the most profound concern.

I have shuddered to the core as my thoughts have, with those of many others, turned to the the attacks on democratic politics unleashed by apartheid and its allies in the 1980s. Once again people have been beaten, had their homes destroyed, been driven from their community and killed for their political views and practices. Once again an armed minority have used violence to implement a ban on a democratic organisation favoured by a majority. Once again there is just cause for deep concern about the role of the police. Once again we in the churches are looking for safe houses for activists, accommodation for political refugees who have fled with nothing more than the clothes on their backs, doctors for the injured and lawyers for the jailed. Horrors that we all believed to have been buried in our past now stalk the present. This is unacceptable. There can be no compromise on this score. I will take my anger and my fear for the future of our democracy to the highest levels of leadership in our country and to our sister churches around the world. I encourage others to do the same.

In 2007 I was part of a group of church leaders that issued a statement testifying to the brutality and political intolerance that the Sydenham Police had unleashed against Abahlali baseMjondolo in our presence. It is clear that the Sydenham Police should not be allowed to police Kennedy Road or to investigate the crimes that have been committed in recent days. A credible and independent force needs to be deployed as a matter of urgency.

It is equally essential that all of our political leaders take immediate steps to distance themselves from the actions of the milita that have seized control of the settlement, that they call party members who have been complicit with this militia to account, and that we all affirm that Kennedy Road and its residents have the same right to democratic practices as everywhere else and everyone else in South Africa. This includes the right to dissent.

Of course my condolences go out to all those have lost people whom they love and on whom they depend. It seems that some among the militia that launched the attack on the elected leadership of the settlement may also be among the dead. If, as may well be the case, the militia has been exploited by local elites determined to roll back the development of a vibrant popular democracy then we will pray for their own healing and for a turn away from violence and lies and towards life and truth.

Many people are asking what they can do. I would like to make three suggestions:

1. It is essential that the attack on democracy in Kennedy Road is widely publicised so that we can all confront what has happened and ensure that it never happens again. We need to give platforms to the victims of these attacks where ever we can.

2. It is also essential that we convey our concerns to our political leaders with urgency and clarity. I will be writing to President Zuma and encourage others to do the same.

3. Many people have fled their homes with nothing but what they could carry. They need urgent financial assistance. I have agreed to co-ordinate a relief fund and donations can be made to :

Diocese of Natal- Trust Account
First national bank
Account number: 509 3118 7386
Branch code: 257 355
Midlands mall branch, Pietermaritzburg

A democracy that is not for everyone is a democracy in name only.

Bishop Rubin Phillip
Anglican Bishop of Natal (KZN) and
Chairman of the Kwa Zulu-Natal Christian Council
Email: bishop@dionatal.org.za

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Testimony from Brother Filippo Mondini

Brother Mondini’s testimony was also published in the Mercury on 30 September 2009 as Abahlali baseMjondolo Is Not A Criminal Movement and, on the same day, in the Daily News as Government is persecuting Abahlali

Testimony from Brother Filippo Mondini

I spent 4 years working with Abahlali. It was a wonderful and deep experience. I had occasion of meeting wonderful people, courageous and committed comrades. I have never met criminals during our democratic meetings. On the contrary I met and listened to men and women which had the courage to say: enough!

These man and women showed to me the meaning of dignity. They are poor, they live in shacks, they have nothing, but they are rich in dignity.

Abahlali is a great gift to humanity. But it seems it’s a hard one to listen to because Abahlali is like a mirror of what we could be.

I spent 4 years working with Ababhlali and this is not the first time that they are under attack. We stood together during the Kennedy Six trial, we stood together during various demonstrations and marches. We have been beaten by police during a prayer, we marched together on Nyager when we said to him: “You have vandalized our humanity…”.

During my time in South Africa I have witnessed police repression, political violence and intimidations towards the movement. I spent most of my time working in a particular settlement where local ANC members threatened and oppressed people. In that context it was a very courageous act to participate to Abahlali meetings. Yes I witnessed violence, but it was always state violence. It was the state who sent armed police, it was the state and its councilor who intimidate people…

The attack of these days is another evidence that the state cannot hear the truth especially because now poor people are screaming this truth. Today, again and again, we understand that the state and its police is afraid of Abahlali. They are trying to destroy it but they only obtain the opposite effect.

I want to say thanks to all you comrades for your commitment, because you are making this world a better place to leave in. I want to give thanks especially to our leader S’bu Zikode. His commitment as Abahlali leader had been really costly for him. He is a wonderful person, gentle and good, always available to listen to everyone. He is not a criminal, he is an hero. Professional politicians should take example from him.

Let us stand together. The world knows that Abahlali is not a bunch of criminals but a prophetical movement who stands for the truth. The world is watching now…

Brother Filippo Mondini
(filomondi@gmail.com)

Comboni Missionary (Catholic Church) Italy, Castelvolturno

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In Solidarity of Abahlali Leaders at Durban Kennedy Road

In Solidarity of Abahlali Leaders at Durban Kennedy Road

These kinds of attacks to our comrades are completely unacceptable, we know this is not the first time for our comrades to be attacked, as much as previously they were attacked by group of unknown people but the current attacks at Kennedy road clarifies that the ANC had been behind these attacks with a view to push our strong comrades out of mobilized communities so that they can reclaim the leadership of those communities.

This is clear that people who attacked me last year September 2008 and took my valuable belongings including my laptop which I was using to store the movements confidential information were also sent by the ANC to attack me.

Sbu Zikode the president of Abahlali DBN was also attacked last year by unknown people as a results of that at last year’s annual general meeting of ABM DBN he declined the nomination as the president of the movement for the 4th time and he was forced to the position by people of Kennedy because of his leadership style and democratic practices which the ANC government failed to do and instead of the ANC to learn from the movement on how to lead the poor they are doing all of their best to ensure that they kill the movement whatever they can.

I salute comrade Sbu ZIkode and Lindela for their courage in leading the poor, these two comrades after they were attacked last year they refused to leave the settlement, even if their attackers were passing a strong message of future attacks if they don’t leave the settlement.

And I condemned the current incident at Kennedy Road by ANC members to demolish the structures of these two comrades, these kind of behavior is completely unacceptable and this means that our comrades does not have a right to freedom of expression and affiliation.
I also condemn the failure from the police to act immediately, because if they had handled the attack of the ABM youth league camp seriously they would have been able to prevent the situation and arrest the culprits at scene.

I call upon to arrogant ANC members to allow people of Kennedy their right to choose freely their political affiliation without a fear of intimidation or being attacked or killed by the ANC.

The ANC must not think that they will win our settlement by intimidating the strong leaders of our movement; we will make sure that the movement does not collapse and it continues to grow throughout the country.

Qina Qabane Sbu Zikode and Lindela, I know to lose your houses guys its not a small thing but let us be glad that you are still alive, as you have survived bullets early Sunday 27 September 2009.

By: Mzonke Poni
The Chairperson of Abahlali Western Cape
073 2562 036/ mzonkep@gmail.com or abmwesterncape@abahlali.org

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Joint Statement on the attacks on the Kennedy Road Informal Settlement in Durban

Joint Statement on the attacks on the Kennedy Road Informal Settlement in Durban

We note with concern the reports of the violent attacks on members of the Abahlali baseMjondolo Movement (ABM) in the Kennedy Road informal settlement community in Durban. The attacks were reportedly carried out by persons associated with the local branch of the African National Congress, and were actively supported by officers of the South African Police Service.

We note reports that around 30 ABM members’ houses were demolished by men wielding guns and bush knives, and that their families were rendered homeless. At least three people are reported dead. That total may rise. Hundreds of men women and children are now taking refuge in surrounding undergrowth, under bridges and in neighbours’ homes.

We note, finally, reports that the officers of the Sydenham Police Station were complicit in these attacks, were present at the scene, and did nothing to stop them. It is reported that the police instead detained the victims of the attacks without any lawful cause.

These reports represent a shocking and vicious attack on ABM’s right to exist. ABM is a peaceful, non-racial, ethnically inclusive and internationally respected community-based organisation which works to improve the living conditions of the shack dwellers it represents. ABM rejects violence. It seeks to secure shack dwellers’ rights to participate in government decisions about the delivery of housing and basic services in their local communities. It seems, regrettably, that ABM’s peaceful efforts to organise and mobilise communities for change and to resist the forced removals from the Kennedy Road settlement threaten powerful local property and political interests. Because of this, it seems, they have been met with violent repression reminiscent of apartheid.

We are particularly shocked by the allegations of police complicity in these attacks.

We call for an immediate halt to the violence. We demand that those members of ABM who have lost their homes be compensated for their loss and be allowed to return peacefully to their land. We demand that the police take action against its perpetrators. We further demand an investigation into the alleged complicity of the Sydenham Police Station and local African National Congress structures in the violence. We express our solidarity with ABM and all those committed to peaceful, democratic and inclusive community action to improve the living conditions and fulfil the constitutionally enshrined socio-economic rights of South Africa’s poor.

Signed:

Professor John Dugard SC
Visiting Professor, University of Pretoria; Former UN Special Rapporteur for Palestine

Professor Sandy Liebenberg
HF Oppenheimer Chair in Human Rights, University of Stellenbosch

Professor Peter Vale
Nelson Mandela Chair in Politics, Rhodes University

Professor Martin Legassick
Emeritus Professor, University of the Western Cape

Professor Jonathan Klaaren
Professor of Law, University of the Witwatersand

Professor Michael Neocosmos
Honorary Professor in Global Movements, Monash University, Australia and South Africa

Professor Marie Huchzermeyer
Associate Professor, School of Architecture and Planning, University of the Witwatersrand

Professor Danwood Chirwa
Associate Professor of Law and Head of the Department of Public Law, University of Cape Town

Dr. Jackie Dugard
Senior Researcher, Centre for Applied Legal Studies, University of the Witwatersrand

Dr. Steven Friedman
Director, Centre for Democracy, University of Johannesburg

Dr. Dale McKinley
Anti-Privatisation Forum

Tshepo Madlingozi
University of Pretoria

Toussaint Losier
University of Chicago, United States of America

Adv. Kirsty Mclean
Visiting Senior Fellow, Centre for Applied Legal Studies, University of the Witwatersrand
Member of the Johannesburg Bar

Adv. Stuart Wilson
Visiting Senior Research Fellow, University of the Witwatersrand Law School

Deeksha Bhana
Senior Lecturer in Law, University of the Witwatersrand

Muriel Mushariwa
Lecturer in Law, University of the Witwatersrand

Kate Tissington
Researcher, Centre for Applied Legal Studies, University of the Witwatersrand

Shereen Mills
Researcher, Centre for Applied Legal Studies, University of the Witwatersrand

Julia Grey
Researcher, Centre for Applied Legal Studies, University of the Witwatersrand

Stephen Greenberg
Independent Researcher

Lauren Royston
Development Works, Johannesburg

Dr. Pedro Tabensky
Department of Philosphy, Rhodes University

Richard Kuper
Friends of Workers’ Education in South Africa, London

Sally Matthews
Grahamstown

Jenny Morgan
London, United Kingdom

Kalinca Copello
University of Sussex

Clio Pauly
Bristol, United Kingdom

David Hemson
Research Director, Human Sciences Research Council, Durban (in his private capacity)

Simona Sawhney
University of Minnesota, United States of America

Dr. Henrike Donner
London School of Economics and Political Science

Wendy Willems
International Programmes Research Officer
War on Want

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The Attacks Continue in the Presence of the Police and Senior ANC Leaders

Emergency Abahlali baseMjondolo Press Statement
Sunday 27 September 2009, 22:40

There are now senior ANC leaders in the Kennedy Road Community Hall. In their presence the homes of the elected Kennedy Road leadership continue to be demolished and burnt by the same small group of well armed people who have been carrying out attacks with impunity for 23 straight hours. None of the people that launched the surprise, unprovoked and heavily armed attack on the KRDC last night have been arrested and yet most of the KRDC is locked up in the Sydenham Police station (including those who were publicly performing the imfene dance in Claremont at the time of the attack).

The police are currently on the scene and are doing nothing to stop the destruction. These are the same police who have, over the years, attacked a number of peaceful and legal marches with swift, shocking (and very effective) brutality. They are very well equipped and armed. They can get the riot police to support them in just a few minutes. They can get water cannons and helicopters in a few minutes. They can call in the army if they need to. It would be supremely easy for them to stop these attacks if they wished too. The police complicity in these attacks is now entirely beyond question. It is a matter of clear and obvious and undeniable fact.

We have just heard that S’bu Zikode’s house has been demolished and his goods have been stolen. He personally requested support from the police but received none. Should we be surprised given that these are the same police that tortured him in 2007 for the crime of trying to attend a radio interview? Mashumi Figlan’s house has been burnt.

Thousands of people have fled the settlement. They are, of course, political refugees.

There is no democracy for the poor in South Africa. Abahlali have been saying this for years. Now it must be obvious to everyone. It is time that we all stopped pretending that everything is ok in our country.

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Kennedy Road Development Committee Attacked – People Have Been Killed

Kennedy Road Development Committee (KRDC)
Emergency Press Release, Sunday 27 September 2009

Kennedy Road Development Committee Attacked – People Have Been Killed

Last night at about 11:30 a group of about 40 men heavily armed with guns, bush knives and even a sword attacked a meeting of the Kennedy Road Development Committee (KRDC) in the Kennedy Road community hall. There was no warning and the attack was a complete surprise. The Abahlali baseMjondolo Youth League was holding an all night camp for the Youth League nearby. The camp was not attacked but the people at the camp were intimidated and threatened. An international film crew at the camp witnessed the attack.

The men who attacked were shouting: ‘The AmaMpondo are taking over Kennedy. Kennedy is for the AmaZulu.” The KRDC and other community members who rushed to their aid were unarmed but tried to defend themselves as best they could. Some people were killed. We can’t yet say exactly how many.

The attackers broke everything that they could including the windows in the hall. It was later discovered that they had destroyed 15 houses belonging to people on or connected to the KRDC before launching their attack. They were knocking on each door shouting ‘All the amaZulu must come out’ and then destroying the shacks. Some are saying that three people are dead. Some are saying that five people are dead. Many people are also very seriously injured. As far as we know two of the attackers were killed when people managed to take their bush knives off them. This was self defense.

The Sydenham police were called but they did not come. They said that they had no vans available but they didn’t radio their vans to come. This has led some people to conclude that this was a carefully planned attack on the movement and that the police knew in advance that it had been planned and stayed away on purpose. Why else would the police refuse to come when they are being called while people are being openly murdered? When the attack happened one officer from Crime Intelligence was there in plain clothes.

This morning the police arrived under the authority of Glen Nayager and made eight arrests. As far as we can tell only members of the Kennedy Road Development Committee (KRDC) have been arrested and not one of the perpetrators has been arrested. If this is true it indicates clearly that the police are part of this attack on the KRDC. It also seems that the police are only taking statements from the people that attacked us! Some of the people that they have arrested were not even at Kennedy Road when we were attacked. They were in Claremont for an imfene dance. These arrests feel to us like the Kennedy Six scandal all over again but this time with an ethnic side to it because all the people who are arrested are amaMpondo.

We believe that this attack has been planned and organised by Gumede, from the Lacy Road settlement, who is the head of the Branch Executive Committee of the local ANC. He is a former MK soldier and is armed. There has never been political freedom in Lacy Road. Since 2005 we have been told that anyone wearing the red shirt of Abahlali baseMjondolo in Lacy Road will be killed. In 2006 Gumede personally threatened Abahlali baseMjondolo member and Lacy Road resident M’du Hlongwa with death for wearing a read shirt in the settlement. But anyone can wear any shirt of any politics that they like in our settlements. You will see ANC, COPE, IFP and SACP shirts in kennedy Road and inall Abahlali settlements. We are democrats. Our politics is a politics of open and free discussion – not violence and intimidation.

This is not the first time that our movement has been attacked. Last year both Mzonke Poni, head of AbM in the Western Cape, and S’bu Zikode, head of AbM in KwaZulu-Natal, were attacked and seriously beaten by mysterious groups of well organised and equipped young men. These attacks happened a few days apart although one was in Durban and the other in Cape Town. The men who attacked Zikode said that he was selling Kennedy to the AmaMpondo. Some time after the attacks on Mzonke and S’bu Mashumi Figland, Deputy President of Abahlali baseMjondolo who was then also the elected Chairperson of the Kennedy Road Development Committee, was also attacked and seriously beaten. Again the attack was very well organised and carried out by a mysterious group of young men who suddenly arrived out of nowhere in a bakkie. During the attack Mashumi, who is Xhosa, was told that the AmaMpondo must leave Durban and go back to the Eastern Cape.

The ethnic politics in the local ANC started with Jacob Zuma’s election campaign. Before then it was unknown in the local ANC and unknown in our settlement. People in the local ANC started to say ‘now is the time for the amaZulu’. They started to tell their (few) people in Kennedy Road that they ‘must take the settlement back from the amaMpondo’. This ethnic politics started with Zuma’s election campaign and so it his responsibility to take this politics out of the ANC and out of our settlement. We expect him to immediately condemn it and to immediately act against it.

Gumede, head of the local BEC of the ANC, has been trying by all means to undermine the KRDC and Abahlali baseMjondolo for many years. He has always failed. The membership of the movement continues to grow (we reached 10 000 paid up members at the AGM in November last year). Every year we have open elections by secret ballot in Kennedy Road and every year people vote for who they want to represent them on the KRDC. The ANC is free to nominate candidates for these elections and to test their popularity against the will of the people.

We believe that Gumede, with the support of ward councillor Yakoob Baig, has tried to build a coalition against the KRDC in order to attack it violently. Gumede has recently said publicly that he will turn the Abahlali baseMjondolo office into an ANC office. His coalition is still small but it is dangerous because it is now a militia. They have found 4 types of people that want to attack the KRDC:

1. People who want to follow an ethnic politics: The movement accepts all shack dwellers on an equal basis. We do not care where a person was born or what language they speak. This has caused those who want an ethnic politics to oppose us. We stood with the people born in other countries last year – now we are being attacked in the same way that they were attacked.

2. Criminals: We have a Safety & Security committee and we have been working to get the criminals out of our settlement. In recent months we have been working very well with the local police to get criminals arrested. We have also put a time limit on the shebeens saying that they must close at 10:00 p.m. so that people can sleep properly and that there is no violence, especially violence against women, when people get too drunk. The criminals and some shebeen owners do not like what the KRDC is doing to make the settlement safe for everybody.

3. People who want Gumede’s patronage: Every time the movement wins a small victory, like getting toilets built or even just cleaned, Gumede tries to ensure that the jobs go only to his people – to ANC supporters. We are opposed to development becoming misused for party politics and we are opposed to corruption. The movement oppose this in all the settlements where we have members. The people in Kennedy Road who want to get Gumede’s jobs are also unhappy with what we are doing. We also think that now that the Abahlali baseMjondolo has won the struggle against the eviction and eradication of Kennedy Road, and for the up grade of the settlement where it is, these people want to use violence to take over the settlement so that they can get the contacts and the power to allocate houses that they think will come with the upgrade won for the community by Abahlali baseMjondolo. We suspect that Gumede has promised them these contracts and the power to allocate houses. This is how local party politics works across Durban.

4. People who are making money from electricity: Operation Khanyisa, in which we connect people to electricity, is for free. People who were charging to connect people to electricity see it as a threat to the business that they have made out of the Municipality’s denial of electricity to shack dwellers.

The next Kennedy Road AGM is coming very soon soon. Once again the people of Kennedy Road can vote by secret ballot counted by an outsider for who ever they want to represent them. The people who attacked us last night do not want democracy. If they felt that they had support in the community they could just have waited for the AGM and put up candidates. We strongly believe that they attacked us before the AGM because they know that they will not succeed at the AGM.

What Gumede, and Baig are doing is not just an attack on the KRDC. It is also an attack on Abahlali baseMjondolo. And it is also an attack on democracy in South Africa. They have now set set up a militia to destroy the KRDC and attack the movement. We have no armed wing. We have never attacked anyone. Our politics is a politics of open meetings and popular democracy. It is a politics of debating and discussing and working things out together. The politics that is being used to attack us is a politics of war. Gumede was always a shack lord in Lacy Road. He has now become a war lord too. Abahlali baseMjondolo will mobilise its members across the city, the province and the country against Gumede and anyone and everyone who supports or tolerates his warlordism. We will also mobilise our supporters internationally against Gumede and his warlordism.

We see no difference between what is being done to us and what the apartheid regime did with the Witdoeke in the shack settlements in Cape Town in the 1980s.

After what has happened many people are saying to us that they do not trust the police. They are asking for the army to be sent in as the army might be neutral. Certainly no one trusts the Sydenham police to be neutral.

As we write the attacks and threats continue. We are still under attack. A member of the Saftey & Security committee, affiliated to the KRDC, was stabbed and killed this morning. He was not there last night. He was doing the imfene dance in Claremont. After he was stabbed the attackers tried to chase the ambulance away.

Gumede and his militia are not just a threat to us and our community. They are a threat to democracy in South Africa. It is very clear that democracy is under attack.

As we are sending this statement a helicopter and many more police officers are arriving. We hope that they will be neutral and follow the law – not Gumede’s politics of war. But as far as we can tell the police that are here are just looking for statements against the KRDC – those who were ambushed in the night! The violence is continuing. Gumede’s people are saying that if Mashumi Figlan returns to Kennedy he will be killed. We do not have confidence that he and others will be protected by the police. None of the perpetrators of the attacks last night have been arrested. We are not armed. People are very scared that there will be more attacks. They are packing their bags and fleeing the settlement. Hundreds, maybe even thousands have already fled. Some of us came to this settlement in the 80s and 90s as refugees from political violence. Now we are being made refugees again for the crime of taking democracy seriously and believing that we could choose our own politics.

Things are still confused. This statement was prepared in this confusion. We couldn’t even get all the contact people together at the same time. If there are any errors or important things left out of this statement we will correct them or add them when we can talk to everyone safely and send out a more detailed statement. Right now our main task is to make sure that people are safe – including those locked in the Sydenham Police station. We will work on that first. Once everyone is safe we will have careful discussions with everyone and issue a more full and detailed statement.

For more information and breaking news please contact the following members of the Kennedy Road Development Committee:

Mzwakhe Mdlalose: 072 132 8458
Anton Zamisa: 079 380 1759
Bheki Simelane: 078 598 9491
Nokutula Manyawo: 083 949 1379

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Public Violence

Some good news in dark times – Mzonke represented himself at his trial and won, decisively. The police officers were exposed as liars under cross examination by Mzonke and all charges were dropped.

Mzonke Poni, Chairperson of Abahlali baseMjondolo of the Western Cape, is scheduled to stand trial on the charge of public violence on Tuesday 29 September 2009. The charge relates to a protest organised in opposition to state criminality against the Macassar Village Land Occupation. He has written this essay on 'public violence' in response to the charges levelled against him.

Public Violence

by Mzonke Poni, Chairperson of Abahlali baseMjondolo of the Western Cape

What exactly is public violence? Who really counts as the public? What really counts as violence? These are important questions that require clear arguments.

I have seen many comrades in our movements arrested and charged with public violence for engaging in legal and peaceful protests. I have also seen the state engaging in illegal and violent actions, such as evictions and assaults on comrades, without anyone being arrested.

I have now also become a victim of the long standing and widespread tendency to arrest activists in poor people’s movements on the charge of public violence. In 2005 I was leading a protest at Khayelitsha where we barricaded the N2 for about 2 hours with burning tyres and stones. There were heavy armed police officers on the scene and they instructed us to clear the N2. We refused. During the course of the action one police officer come to me and asked to speak to me in private. At that time I was busy addressing people but I paid attention to him. He told me that he wanted to question me at the police station and immediately put me at the back of police vehicle. At the police station I was immediately charged with public violence.

I went to court and the state prosecutor proposed a R500 bail. My lawyer rejected that. She said that “All the cases must be treated equally according to schedule 1 of the criminal procedure.  My client does not have any cases pending, has never been arrested before, had provided the court with fixed address and he is committed to the struggle.’’ I was released on a warning to appear to court, and during my second appearance my case was postponed for further investigation. On my third appearance my lawyer argued that ‘’what seems funny to me is, in the box of a match we have only one accused while it is a group of people who commit public violence.’’ The state prosecutor was forced to postpone the case again for further investigation and during this process of further investigation the state was still waiting for more arrests from the police.

On my fourth appearance still there were no further arrests and the state was forced to withdraw the charges against myself.

The background to the barricade of the N2 is the lack of service. Early this year I participated in a community based initiative to house homeless people at Macassar Village by building shacks on a vacant piece of public land which has not been used since 1994. This was public land and the people who occupied it where the public. The people who were building shacks on this piece of land were people that were coming from Macassar Village.  Some of them had waited for many years for the state to build houses for them as they were on the housing waiting list.

On day one of this action we managed to occupy the land by building and occupy eights structures. These eight structures were then demolished by the municipality’s anti-land invasion unit without a court order and people’s building materials were confiscated. These evictions were therefore criminal acts perpetrated against the public by the state. However no state official was arrested on the charge of demolishing a shack without a court order or stealing people’s building materials.

During the course of our action at Macassar Village we managed to obtain legal assistance from the Church Land Program (Church leaders). With their support we managed to obtain a court interdict against the City of Cape Town. That interdict was forcing them to obey the law. It forced them to:

1. Return the stolen building materials.
2. Cease the illegal demolition of our structures.

We understand very well that our exclusion from the city is a political strategy by the rich which will only be defeated by the strength of the politics of the poor. But when the rich and their government are armed and willing to act against us as if we are not people who are protected by the law then going to court can be an important action to defend our politics against state criminality. We went to court to secure the structures that we have to build to shelter ourselves and our belongings and, also, to protect our building materials against theft by the state.

The City of Cape Town just ignored the court interdict. They came back to the Macassar Village occupation and demolished the four structures that we had been able to rebuild from the remaining building material after obtaining the interdict against them on the Friday night. When I tried to stop them from demolishing the structures and tried to show them the interdict so that they could see that their actions were illegal I was threatened by arrest and rubber bullets and the demolition went ahead without them having a court order and in violation of the court interdict. This time their actions were in contempt of court as well as criminal.

On Monday the municipality went to court and obtained an interdict against us. We were interdicted from erecting structures on the land. They argued in court that people had invaded the land but that there were currently no structures on the piece of land and they failed to disclose to the court that the reason why there were no structures was because of their illegal demolitions and their undermining the interdict which was issued by the High Court.

After their court interdict was served to the people at Macassar Village, everyone was upset because they had undermined our interdict and now they wanted us to be banded by their interdict. As a result of that people started to protest, barricading the New road with burning tyres and stones. Immediately the guys from law enforcement responded and moved people off the road and cleared the road. As they were busy clearing the road one of their officers come to me and insulted me in front of everyone. He told me that I am the one who is fucking them around and he threatened to arrest me. I told him instead of threatening me he must go ahead and arrest me. He was called by one of his colleagues to stay away from me. More law enforcement officers and members of SAPS were arriving on the scene but I decided to leave the scene as it was getting late for me to catch the taxi to Khayelitsha (15km away from Macassar Village).

So, while I was standing at another street with two comrades of mine waiting to catch the taxi two law enforcement vehicles come next to us speeding. My comrades ran away but I decided to stand where I was standing because I couldn’t get it why they were running away. Immediately guys from law enforcement stop next to me and the guy who threatened to arrest me before come out and started assaulting me. He sprayed me in my eyes with a spray gun and clapped me in the face, then threw me in a private vehicle, drove around the Village with me while beating me with hand cuffs on my right hand shoulder and making fun out of me. I guess they enjoyed that moment.

After they had finished assaulting me I was taken back to the scene and from there to Macassar Village police station, where I was charged with public violence.

Here is the first question that I want to raise:  What exactly is public violence? Is it doing something in public which is against the will of the public? Or is to commit an act that affects the public? Or is it an act in public that is against the law? Or is it a public act of violence by an unruly mob? The last definition is based on the English dictionary which confirms to me that it is a bunch of people who commit public violence.

We do not deny that we occupied the land at Macassar Village. We do not deny that we built shacks on that land. We do not deny that occupying land is trespass. We do not deny that building without permission is also, like trespass, a minor civil offence. We do not deny that we barricaded the road. This is an act of civil disobedience. It might not be lawful but it is not violent and it is not criminal.

However the police and the Anti-Land Invasions Unit committed various criminal acts and they committed them in public. They include illegally destroying shacks, contempt of court, theft, damage to property and assault. They even shot a twelve year old child with their rubber coated steel bullets. They were acting in groups. It is clear to anyone who looks at the situation honestly that the police and the Anti-Land Invasions Unit are free to engage in criminal behaviour against the poor.

We justify our minor infractions of the law, our civil disobedience, on the grounds that the law is for the rich. The law says that you must buy or rent a house or that you must be given a house by the state. But as the poor we cannot afford to buy or rent a house and the state is failing to give us houses. Therefore we have to occupy land and build our own houses. The fact that this is against the law (even though it is not criminal) just shows that the law does not fit with the reality of the people. For as long as the law does not fit with the realities of the people the people will break it daily because they have no other choice if they are to survive. Often this breaking of the law actually helps to force the state to bring the law closer to the lives of the people. Often our actions help to break the hold of the rich over the land – something that the government has failed to do. Therefore we say that it is clear that our actions are democratising society from below. They are for the good of society.

Anyone should be able to recognise this. The fact that this is not recognised shows us that we as the poor are not considered to be the public. The fact that our minor and non-criminal offences are treated as criminality – as public violence – shows that in reality we are not included in the definition of the public. The law might say that all of us with papers are citizens but the police and the Anti-Land Invasions Unit and the politicians act as if only the rich are citizens. We can never accept that. Therefore we have to rebel just to count as part of the public.

But the courts are supposed to uphold the law fairly. Why is it that when it is the state that commits criminal and violent actions in public is it not brought to justice?

The fact that the state is free to commit criminal and violent acts against the people questions the independence of the justice system in South Africa.

We have questions about the independence of certain judges. For instance after we got the interdict against the state to force the state to obey the law and then the state went ahead and broke the law and violated the interdict we went back to court to report this. If the judge was fair he would have ordered the arrest of the officials who ordered these criminal acts. But the judge, Mr. Van Zyl who is an acting judge and also an SC, dismissed our application. Later the same judge awarded an interdict to the Municipality! He clearly puts the right of the rich to control the land over the laws of the country. This confirms that in the eyes of the law we as the poor are not equal: there are those who are better off than others.

We have learnt another important lesson from this incident: the judiciary system is not accessible to all, is it only accessible to those with money. On day one of demolition of our structures I personally went to the LRC, the Law Society and the Legal Aid Board with a view to seek legal representation to lodge an urgent application to interdict the state from demolishing the structures. I went from one corner to the other seeking for urgent help but all these organisations told me that they don’t have the capacity to help us. 

It was clear that private representation was the solution. But private representation costs money and this therefore confirms that the law is not accessible to the poor but only to the rich. Is this not a form of public violence? The answer is clear. As long as the rich have easy access to the law and the poor are denied access to the law the law will be an instrument that the rich use against the poor. It will be a tool of oppression. It will be used to justify and protect all kinds of violence against the poor. Until access to the law is free the legal system will be a form of institutionalised public violence. We must face this reality.

The state has failed to provide people with basic or essential services such as adequate toilets, clean water and electricity. Is this not a form of public violence? Children die of diarrhoea because they don’t have clean water, women are raped because they have no safe place to do the toilet, people die in shack fires because they have no electricity. We are being killed by the violence of the poverty caused by the state’s failure to treat us as human beings. But we don’t see the mayor being arrested because the people still have no toilets.

The state evicts people from where they have established themselves for years and where they perform their daily economic activities. This form of development is carried out without meaningful engagement with affected people. Mostly it is enforced by the police and private security. But the state still argues that their actions, that they have to carry out violently, are ‘development’ and that they are ‘in the public interest’. Is this kind of development again not a public violence? The answer is clear. Evictions are clearly a case of public violence. But we never see the evictors in court.

When the state fails to manage the housing crisis and to deliver services to the poor, why do they always want the courts to manage their own crisis? Is this not because they know that they can afford good lawyers and can manoeuvre very well within the legal system? It is not in the public interest for the state to take its failures to the courts instead of too the people. Is this reliance on the courts rather than negotiations with the people not also a form of public violence?

When the state is being threatened by community leaders who encourage communities to remain mobilized in pressurizing the state to realize its obligations to the public it targets those leaders. They are arrested, they are assaulted, they are accused of being the ‘third force’. Is this intimidation not a form of public violence? When protests are attacked is this not a form of pubic violence?

When the state/politicians/ministers/mayors/councillors fail to attend to peoples’ demands why are they not being brought in front of the law to answer to the people? When the people who had enough of them take to the streets they are being brought in front of the law and accused of public violence. Who is the public? Are we not the public? When we protest which violence do we really commit? Is the right to protest not a freedom of expression?

When the state prosecutor and the magistrate want to prosecute individuals who are accused of public violence when they know clearly that in terms of law those charges are invalid but they still want to go ahead with prosecution, what is that called? Is this not a public violence? These charges are a way for the legal system to rob the public of the minimum resources they have because each time we appear in court the community always demonstrates outside the court and we have to appoint good criminal lawyers. All these resources that are wasted in this regard are the resources that were supposed to be used at capacitating our community led structures but the state is robbing them. Is this not a public violence?

Just to defend our structures at Macassar Village which were demolished by the state without a court order, just to obtain a court interdict, the law firm who took our case against the municipality robbed us almost R130 00 which was paid to them by church leaders (Church Land Program). Is this also not a public violence? After the case the City announced that they would no longer give any work to this law firm. They clearly want to punish any law firm that takes instruction from the poor. Is this also not a public violence?

I am facing charges of public violence at Somerset West Court and my case goes on trial on the 29th September  2009. This case had been postponed many times due to my failure to secure legal representation. I have consulted with many law firms and individuals attorneys. All of them refused to do my case, some lawyers told me that this case will cost me lot of money, some told me that they don’t do criminal cases and some did not want to have anything to do with a case against the City of  Cape Town.

One lawyer who once represented me on my previous case of  public violence, accepted my case and money was transferred to her account number three weeks before my court date but during the day of my trial she did not pitch at court and did not even want to pick up my calls. Why? I don’t know. Maybe she is also receiving instructions from the city, you will never know.

I had to appear four times in front of that magistrate as she was applying a pressure to me, the failure from my attorney to pitch was translated to my fault by the magistrate as she was forcing me to bring my attorney to the court irrespective of the explanation that I gave to the court.

This case has affected the progress of the movement (Abahlali baseMjondolo WC) as it is difficult now to engage the state actively while having this case which is pending in the court of law and this cause set backs in communities that work with the movement. This case is in violation of the rights of the movement and its constituencies to organize freely. I therefore declared my arrest as a public violence which is being committed by the state and it’s judiciary system because that magistrate and the state prosecutor were supposed to throw this case outside their court roll as they had real cases to deal with. Shame I understand them –  maybe they are also looking for ways to defend themselves as well , so that in the eyes of their bosses can be seen as good officers of the court, because if they were independent they would have used their discretion as they are doing with other cases that they are throwing out of the court roll.

We are fighting for a society in which we are all the public. We will keep on with this fight. If we are taken to prison we will be political prisoners and not criminals.

Down with state repression! Down with a legal system that is for the rich and by the rich!

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The ‘Mandela Park 23′ to appear in Khayelitsha Magistrate’s court tomorrow at 9am

Update:The magistrate threw out all the charges against the Mandela Park 23.

Anti-Eviction Campaign Press Statement on behalf of the community of Mandela Park
Update: 23h00 on 20 September 2009

The ‘Mandela Park 23′ to appear in Khayelitsha Magistrate’s court tomorrow at 9am

What we know now:

*23 residents of Mandela Park were arrested by police today
*All 23 activists will appear in Khayelitsha Magistrates Court at 09h00 tomorrow morning (21 September).
*Residents will protest outside the court until their neighbours are freed
*The senior prosecutor and the commissioner of Harare Police Station refused to let any of the 23 residents out on police bail even though they all agreed there was no risk in doing so.

What happened:

This morning 23 Mandela Park activists were arrested on their way to speak at a local radio station after Helen Zille refused to address their anger at Housing MEC Bonginkosi Madikizela for lying to residents (see previous press statement for details).

Police arrested residents and proceeded to fabricate a lengthly lie that all 23 residents were caught vandalising the empty government houses. We assume that police did this because they were pressured into arresting someone for yesterday’s civil disobedience protest. Since they couldn’t find the perpetrators, the just picked off the 23 activists who, walking in a group, were an easy target.

Pressure from protesting residents helps those arrested:

At about noon, almost 100 residents of Mandela Park converged on Harare Police Station to pressure them into throwing out the case. Residents were joined in solidarity by members of the Anti-Eviction Campaign and Abahlali baseMjondolo. Eventually, the pressure proved fruitful and activists were able to meet with Station Commissioner Tobias. During the first meeting, he was curt and somewhat rude to community leaders. However, after continued pressure and toyi-toying by residents, during the second and third meetings Tobias was more friendly and placed the blame on the Senior Prosecutor Mr Isaacs who, he said, denied them bail that day and required that they be in court the next day at 9am.

It is clear that the mass protest outside Harare Police Station helped make sure that residents were not stuck in jail until Tuesday or even Wednesday. In a change of tack, Commissioner Tobias mentioned how he “feels for residents of Mandela Park who live in a hokkie [shack] and see nice houses being built right in front of them only to see those houses go to someone else”. He said of the 23 activists: “these people is not criminals who stay in there” and that he wants them out so that he can focus on the real criminals.

Despite such corroborative language, Tobias continued to blame the Senior Prosecutor for refusing to let out the 23 protesters. When residents again complained about the serious health issues of some of those arrested and the fact that some of the women had 3-6 month old children, Tobias again said he’d love to let all of them out but that the Prosecutor would not allow him to do so.

A short history of Mandela Park protests:

Even though we are merely fighting for our right to housing that has already been promised to us, we are the ones criminalised again and again by the corrupt cops of Harare Police Station.

It began when we first rose up as a community in 2003 where many of our leaders were arrested, beaten and sent to Pollsmoor. In 2003, we also held mass rallies supporting our fellow residents who had been wrongfully arrested. For a full history, see this report written by Professor Martin Legassick.

Police abuse of Mandela Park residents has continued since then. Recently, just over a week ago, 53 residents were arrested in Mandela Park for protesting the new Khayelitsha Hospital. Says one resident: “there are hundreds of thousands of unemployed people in Khayelitsha but the people from the community are not getting employed” by this hospital.

Again, today, Mandela Park residents have been arrested on false charges. But when will corrupt cops be brought to the book for their lies? Why do the poorest of the poor always get arrested when they protest injustice while the people committing the actual crimes against us go free?

As a community, we will appear en-mass tomorrow at 9am outside Khayelitsh Magistrates Court to protest the wrongful arrest of our neighbours.

For more information, contact Mabhuti at 082-997-8475 or Sluja 071-433-1101
You can also try Loyiso who is among the 23 residents arrested at 083-270-2000 or 073-766-2078

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Councillor and eThekwini Municipality Illegally Demolish Homes in Mpola

Abahlali baseMpola
15 September 2009

Councillor and eThekwini Municipality Illegally Demolish Homes in Mpola; More Families Left Homeless

Six more families were left homeless early this morning in Mpola, Marianhill, when a demolition crew took pangas to their homes. The demolition crew said they had been authorized by the notorious Ward 15 councillor, Derek Dimba. Backing the crew was 11 eThekwini Municipality security officers, all armed with guns.

The crew and security went door-to-door instructing people to remove their belongings and leave their homes immediately. Some of those targeted were shack-dwellers; others were living in stone-and-mortar houses.

An elderly woman was praying inside her shack, when the crew banged on the door. They said that the councillor previously gave her orders to report to him about any new shacks that were being built in Mpola. They said she was not following orders, and that is why her shack would be demolished. They took pangas to her home. Now, she and the 8-year old child living with her are homeless in the bush. They have nowhere else to go.

Some families were already at school or at work when the demolition crew arrived at 9am. The crew broke the locks, removed some of the belongings, and demolished their homes. These families will return from school or work to find their belongings aside piles of rubble. They will return to find that they no longer have shelter for the night.

The crew also destroyed their building materials – tin sheets were systematically slashed with holes, so that rebuilding would be impossible.

Three other families were left homeless in demolitions that took place last week in Mpola, and the illegal evictions are expected to continue with impunity. Demolitions there have been ongoing for months.

The demolition crew and the security officers, the councillor and the municipality, are breaking the law. These evictions are criminal acts. They took place without notice or consultation, without a court order, and without providing alternative accommodation.

The community of Mpola held a mass march last month on 28 August 2009, to air their grievances and submitted a memorandum to Mayor Mlaba. They were told although the march was well organized and peaceful, but that the city would not respond because the person who read the memorandum and submitted it was not an ANC member.

The community of Mpola wishes to state that they demand an end to illegal demolitions, and want an interdict from the court. They also demand clarification about the reasons the demolitions are taking place, and why people are being left homeless.

Contact:
Lindy 078 994 0700
Nkanyiso 084 875 2923

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Morning Star: Relocation, relocation, demonstration

http://www.morningstaronline.co.uk/index.php/news/features/Relocation-relocation-demonstration

Wednesday 09 September 2009
Simon Saunders

Many activists in South Africa’s largest shack dwellers’ movement Abahlali baseMjondolo (AbM) have been fighting over the issue of housing rights for 15 years now.

After the fall of apartheid in 1994, the new ANC government wrote into the constitution that the shack dwellers, living four or five to a room in hovels at the centre of South Africa’s wealthiest cities, should have homes.

But as time has gone on, successive administrations in the great conurbations, particularly the east coast port of Durban, have continued what many saw as one of the great injustices of white rule – the attempted removal of shack dwellers from prime real estate in the city centres.

Instead of building houses where the shack dwellers already are, they build in the suburbs, a reinvention of 19th century urban planning models which force working-class people away from the opportunities, amenities and beauties of central living.

AbM founder member Mnikelo Ndabankulu, tired though he is from several days of touring round London to promote the movement, has fire in his eyes as he talks about a forthcoming demonstration against this process.

“In Britain, if people need houses in London, and the government build the houses in Manchester, what good is that?

“You are taking people out of the frying pan and throwing them into the fire. We want the government to upgrade where we are, not just relocate us.

“Our next protest is timed specifically well after the elections to show we will keep fighting for our constitutional rights – the politicians often think we will stop after the elections are over. At the moment they deliver on the constitution, but in a way we don’t want.”

AbM was founded across 30 of Durban’s 55 major shack dweller sites in 2005 after a particularly cruel case of this phenomenon.

After years of lobbying to get new homes built at the Kennedy Road site, residents were faced with bulldozers threatening to tear down their houses – to build a brick-making factory.

It was a major turning point. In the blockade of the road, demonstrations and police brutality which followed, a new voice was found for hundreds of thousands of shack dwellers.

Zodwa Nsibande was at the early meetings which founded AbM and witnessed the establishment of a new form of organising in the city which rejected interference from administrators, party politicking and many of the NGOs which permeate Durban.

She says: “Before AbM began every settlement was on their own, having meetings in different places. There was no stopping the mayor’s office from doing what they wanted.

“Then there was the blockade of Kennedy Road.

“First the media tried to define who we were. Most of the community there which was part of the blockade was disgusted with what was being written and said we needed to define ourselves by who we are and how we live because it’s more relevant to our struggles and lives.

“There was a five-hour-long community meeting to decide it.

“Now when we have to make a decision it depends on a mass vote. There’s lots of different opinions within the community and we needed to come up with some new ideas.

“We have a rule that there are no stupid ideas. People are not allowed to laugh at others – you have to respect everyone or it will put them off speaking again.

“We believe in mass meetings because with delegate systems we can get into creating new empires for the individual.

“So when we talk to the high-ups we will first negotiate how many people will be there, say 10, we will then elect people to go there and then they will take the options back to the community so the decisions can be taken on the ground.”

This bottom-up approach has won AbM few friends in the city administration.

“The mayor and officials were not willing to negotiate because they were aware our agenda was different from theirs,” Nsibande says.

“So they tried to ignore us but that didn’t work because we brought too much public pressure to bear. So then they talked, but didn’t offer us anything. They are still talking.”

But what’s been going on behind the scenes while talks carry on has been far more dangerous for AbM than simple delaying tactics. In 2007 KwaZulu-Natal’s housing department, of all things, issued a new Act for the entire region – the Elimination and Prevention of Re-Emergence of Slums Act.

It overturned legal gains at the end of apartheid, “the rights that people had said that if someone wanted to evict you they needed to go through the courts and alternatives to eviction had to be considered first,” says Ndabankulu.

“The 2007 Act doesn’t state how evictions should happen or how it works with the earlier Acts. We campaigned against it as it was giving a lot of powers to the landlords and government and made resisting eviction an offence with 10 years’ imprisonment.

“You can’t resist your own home being evicted, but if you and your family are being thrown out how do you just fold your arms and accept it?

“It pressures land owners. If they don’t protect their land they are fined. It’s shifting responsibility onto them so the government doesn’t have to carry out the evictions. It encourages landowners to evict people.

“They didn’t listen to us, so we are taking them to court in Durban. We lost our first hearing, so now we are on appeals and we are hopeful we can win this one.

“We think that the state court will say that the housing department has no right to make up land acts – it’s not their mandate.

“The national government has already admitted that relocation has failed.

“They have instead been offering funds to build on shack dweller land with but the municipal government don’t want to use them because they want to move us out of the city. We don’t want to move out, all the chances for a better life, jobs and education are here.”

Regardless of the court case, however, what has become clear is that if it was meant to provide the legal framework to break AbM, the Act has already failed, with enforcement being notably absent from the urban sites.

“It hasn’t affected us in the urban areas so much but further out of Durban people only find out about it when they are evicted – and rural people respect the authorities more so it happens more. In the urban areas people are vocal about it so they can’t implement it,” Ndabankulu adds.

It is this refusal to go quietly which has won significant improvements for many of the shack dweller sites, which have campaigned hard for water, sanitation, electrification and land rights despite repeated attempts by Durban council bosses to withhold or even remove such amenities from them.

And AbM, part of the wider Poor People’s Movement incorporating similar groups across South Africa, is adamant that it shall continue to be a fighting organisation, not just for Durban but in solidarity with the rest of the world.

Ndabankulu looks at me long and hard when I ask what people in Britain could do to help. “We advise people to find out more about us through our website (www.abahlali.org) and if possible listen to our daily programmes – what our opponents really want is to silence us. Some people, when we are facing this can send emails and messages of support or demonstrate at the South African embassies.

“But what people must not forget is that we are not like an orphanage or something else forever needing support, we are comrades and we will offer our help to others as well. We support anyone who fights for the same cause as us. We are capable allies.”

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Los que viven en chabolas toman la palabra

http://www.eitb.com/noticias/internacional/detalle/240016/los-viven-chabolas-toman-palabra/

Los que viven en chabolas toman la palabra
A.F. – publicado Hace 5 horas | EITB |
Las miles de personas que viven en las chabolas de Sudáfrica han creado una vía para denunciar la discriminación y la segregación racista que sufren: Abahlali baseMjondolo.

En Sudáfrica miles de personas viven entre paredes de hojalata, rodeados de basura y sin opción a salir de tal situación. No tienen ni luz eléctrica ni agua corriente y los servicios médicos y las escuelas se encuentran a kilómetros de distancia. El gobierno desaloja a los que viven en las chabolas, pero por su bien? Según el movimiento Abahlali baseMjondolo, que significa los que viven en chabolas en zulú, el gobierno sólo pretende alejar una realidad de las miradas de turistas y blancos.

Hasta el año 2005 los habitantes de las chabolas eran esclavos de las decisiones del gobierno sudafricano, pero se han organizado, han unido sus fuerzas y tienen qué decir en el desarrollo de su país.

Difícil acceso a la propiedad de tierras

Las Naciones Unidas considera un mismo problema la falta de tierras y la falta de acceso a una vivienda digna, en el que se ve claramente la herencia de la era del apartheid que tuvo lugar entre 1948 y 1994. Durante la segregación implantada por los colonizadores holandeses, el 75% de la población vivía en el 13% de la tierra, y desde el final de esa era hasta el año 2006 sólo el 3% de las tierras fueron redistribuidas, a las que muy pocos negros pudieron acceder por la sobrevaloración causada por los empresarios blancos.

Ante una situación así, son miles las personas que se ven obligadas a vivir en chabolas a las afueras de ciudades sudafricanas. Por ello, el acceso a un sistema público de viviendas se ha convertido en la primera demanda del movimiento Abahlali baseMjondolo. La mayoría de los realojos que se han llevado a cabo se han reducido al cambio de una chabola en las afueras de las ciudades por barracones también en las afueras, lo que según el movimiento de los que viven en chabolas, impide la integración de los pobres en el desarrollo del país y las ciudades.

Esta segregación sólo asegura la perpetuación del fenómeno de las chabolas y el aumento de los asentamientos chabolistas en los suburbios de las grandes ciudades. La falta de propiedad de tierras en las zonas rurales, la competencia por parte de las grandes empresas y la falta de comunicaciones en el país hace la vida rural insostenible, lo que supone un aumento de la emigración de las áreas rurales, aumentando así el número de personas que viven en chabolas.

Asentamientos chabolistas

Las condiciones de vida en los asentamientos chabolistas, según los propios habitantes de las chabolas son miserables: no disponen de asistencia médica ni acceso a educación; carecen de acceso a la red eléctrica y a agua corriente lo que les obliga a robarla. Una media de diez chabolas al día son pasto de las llamas y una persona muere cada dos días como consecuencia de esos incendios.

La situación en las campos de realojo creados por el gobierno no es mucho mejor, ya que no disponen de servicio de recogida de basura ni de sistemas efectivos de canalización de aguas residuales , con las consecuencias higiénicas que eso supone. El agua corriente y la luz eléctrica sufren continuos cortes y la seguridad en esos barrios es mínima. El movimientoAbahlali baseMjondolo denuncia la corrupción del gobierno sudafricano y pide que el reparto de esos barracones de realojo no sea hecho a dedo.

Desalojos

La ley sudafricana alienta a los propietarios de tierras a desalojar los asentamientos ilegales. Por otro lado, la ley también prohíbe el desalojo cuando tenga como consecuencia la indigencia. Sin embargo, las leyes de desalojo no apoyan el realojo de las personas desahuciadas. La ONU, a través de la visita de un informador al país africano, muestra su preocupación ante esta incongruencia, ya que, afirma, deja a las personas sin alternativa.

El gobierno sudafricano, por su parte, afirma verse inmerso en un proceso de sustitución de los asentamientos ilegales por viviendas dignas. Las apreciaciones del gobierno no parecen convencer al observador de la ONU. Este cree que debe estar produciéndose un malentendido a la hora de cumplir las responsabilidades internacionales y muestra su preocupación ante esa política ya que debilita la protección de los desalojados, y podría derivar en la criminalización de las personas.

El movimiento Abahlali baseMjondolo define la política de desalojos como un cambio entre sus chabolas de hojalata por otras del gobierno, aun más alejadas del centro urbano, y denuncia la forma que utiliza el gobierno para referirse a ello, ya que definen esos asentamientos como ?suburbios?, término utilizado durante el apartheid, y que de esa forma sólo refuerzan el racismo existente en la sociedad y remarcan la segregación entre personas.

El movimiento, dice Sbu Zikode, presidente de Abahlali baseMjondolo, no está de acuerdo con el chabolismo: “nosotros sólo queremos poder llevar una vida digna y que nuestras necesidades básicas sean cubiertas y no ser realojados por la fuerza, sin previo aviso, perdiendo las pocas pertenecías que poseemos y sin mantener nuestras estructuras sociales”.

Conciencia de grupo

Casi el 50% de los sudafricanos vive por debajo de la línea de pobreza nacional, la mayoría de ellos concentrados en asentamientos ilegales. En una comunidad como esa la unión es la base de la subsistencia, por lo que los realojos forzosos sin respetar esas conexiones sociales sólo empeora considerablemente la situación de pobreza de las personas.

La unión en un movimiento como el de Abahlali baseMjondolo ha supuesto un cambio considerable, tal y como afirman vecinos de esos asentamientos chabolistas. Antes de formar la asociación, el gobierno podía actuar impunemente, pero ahora, se apoyan unos a otros para poder reclamar sus derechos. Ellos reclaman una democracia de la gente, por y para la gente con el objetivo de lograr un desarrollo participativo donde todas las personas sean tratadas con justicia e integridad. Y, por otro lado, denuncian la postura del estado, los intelectuales y las ONGs: ?creen que si vives en una chabola, si eres pobre, no eres capaz de pensar por tí mismo y contratan a un tercero para que lo haga por tí, te represente y decida por tí. Sólo alcanzaremos la solución cuando se nos de espacio, cuando se nos considere parte de la solución?.

Abahlali baseMjondolo

El movimiento de los que viven en chabolas ( Abahlali baseMjondolo en zulú) rechaza cualquier ideología política. Se describe a si mismo como la política de los pobres que se basa en la unión de los pobres para reclamar su dignidad y sus derechos básicos, en la lucha por el fin de la discriminación y la segregación racista.

Abahlali baseMjondolo reclama ser considerado como un movimiento integrado en la realidad social sudafricana y no como meros alborotadores y, sobre todo, reclaman ser considerados parte de la solución del problema de las chabolas, ya que ellos son las primeras víctimas de la marginación que esos asentamientos suponen.

Abahlali baseMjondolo se formó en 2005 a raíz de un bloqueo organizado en la ciudad de Durban y ha logrado estar presente en otras ciudades como Cape Town o Pietermaritzburg. El movimiento ha logrado llevar la voz de los marginados hasta el Tribunal Supremo sudafricano y ha logrado dar voz a los que nunca la habían tenido.

Abahlali baseMjondolo en ETB

ETB emitirá esta semana un documental sobre el movimiento Abahlali baseMjondolo realizado por un equipo de Rutas de Solidaridad. El documental se emitirá el martes en ETB-3 a partir de las 22:30, el sábado en ETB-1 a partir de las 13:00 y el domingo en ETB-2 a partir de las 09:00.

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Pambazuka: Accountability and keeping promises (text & audio)

http://www.pambazuka.org/en/category/features/58602

Accountability and keeping promises
An interview with Abahlali baseMjondolo
Abahlali baseMjondolo with Sokari Ekine
2009-09-10, Issue 447

Sokari Ekine recently met in London with two members of the South African shackdwellers’ movement Abahlali baseMjondolo, Mnikelo Ndabankulu, a founding member and spokesperson, and Zodwa Nsibande, the general secretary of the Abahlali Youth League. In their interview they were joined by David Ntseng of the Church Land Programme, an NGO based in KwaZulu-Natal province which works on land rights issues. They discuss a range of issues from movement building and successes and the 2008 ‘Slums Act’, to the decision not to vote in national elections and combating xenophobia in South Africa.

In 2005 Durban’s shackdwellers started to build the Abahlali baseMjondolo (people living in shacks) movement, which in just four years has become the largest organisation of the militant poor, not only in South Africa but across the whole continent.

The broad aims of Abahlali are to prevent illegal evictions and the demolition of shacks; to demand improved service delivery such as clean water, electricity and proper sanitation; to challenge anti-poor legislation such as the 2008 ‘Slums Act’; to provide training and education to develop the skills of its members; and to build alliances with other land rights and poor movements in South Africa and across the globe.

Click here to listen to the interview in MP.3

Full Transcription of the Internview

http://www.pambazuka.org/en/category/features/58979

PAMBAZUKA NEWS: Thank you both, the two of you for coming and meeting with me today. Mnikelo and Zodwa can you tell me a little bit about your backgrounds, and how you came to live in the settlements?

ZODWA NSIBANDE: For me, I came to live in the settlement, it was 2003 because I had finished my studies, I had to come to Durban and my mother was already staying in the informal settlement so I had to stay with her.

MNIKELO NDABANKULU: I came to this city after I was over 18 years of age, usually in South Africa when moving from childhood to adulthood, you have to look for employment in order sustain or start your own family. That requires someone to move from rural areas to urban areas, because the urban areas have more job opportunities then the rural areas.

PAMBAZUKA NEWS: So that’s how you came to stay on Kennedy road is it?

MNIKELO NDABANKULU: Actually I am staying in another area called Foreman Road Informal Settlement.

PAMBAZUKA NEWS: Mnikelo, you were one of the founding members of Abahlali. And as I understand, the decision to form the movement was taken in October 2005, following the march on Quarry Road. What was the vision you had at that time, and what were your goals during those initial months?

MNIKELO NDABANKULU: Well, actually there was not an official conference or any gathering which was called where the people said, we must form an organization. It was not like the way NGOs [non-governmental organisations] are formed whereby people meet or have courses and decide to form a non-governmental organisation. The organisation was formed because of frustration and the loss of patience by the shackdwellers to the non-fulfilment of the promises, particularly the land and housing delivery promises to the people who live in the informal settlements.

PAMBAZUKA NEWS: What in particularly happened during the Quarry Road march that kind of spurred on the idea of the movement?

MNIKELO NDABANKULU: Actually the organisation was formed before even that march, the first protest march that the organisation staged was before it was officially called by the name of the organisation. It was when the Branch (which is one of the first branches to form the organisation) was promised a certain piece of land close to where they were staying. It started when they saw some Caterpillars clearing their land, people said: ‘Oh God at last, since 1994 we have been promised houses, here is the construction to start building houses.’ Then people started to approach the Caterpillar driver to ask: ‘What is really happening here?’ The Caterpillar driver said ‘no’, he is working for a private company that is going to build a big industrial plant next to the informal settlement. People were so frustrated and said: ‘No no no no, you cannot do such things, this is our land we have been promised it by the country, in no way can you come in and make business out of the land that was earmarked for housing, for us!’ The people started to mobilise one another and blockaded the road by burning tires, and around 40 people were arrested. They appeared in court and were set free; nobody is behind bars now. We then started to mobilise more communities, because we found out that there is a lot in common between the settlements, we started to organise to read the constitution and follow the protocol about what do you do before you stage a protest, and then the movement moved forward to today.

PAMBAZUKA NEWS: What was your vision, what were you thinking at that time, what was the long-term goal that you had in mind? In terms of your demands, but also in terms of the bonding of the movement itself?

MNIKELO NDABANKULU: The thing that unites us is the non-fulfilment of the promises that were made to us. In the near future we need the shackdwellers to be respected in dignity, to be consulted about the things that involve them. Talk to us and not about us. We don’t want the government to sit in the parliament and decide that we will do this for the people. We want to be consulted from the beginning of the process because if we people have never been consulted, then they might not know what people think is good about them. Because the people are not pro any party, they are human beings, they have their own ideas, so they need to have an input in something that involves their lives.

PAMBAZUKA NEWS: Abahlali has been described by its elected president S’bu Zikode as a living movement, a kind of ‘living politics’. What do you understand by that term – living movement, living politics?

ZODWA NSIBANDE: The reason why it has been described as ‘living politics’ is because this politics that we are standing for is the politics that is made by the people, through the people. It is also the politics that can be understood even by an old granny, without having to go and learn about politics. It’s a politics that everyone has a say in, for this reason the term ‘living politics’.

PAMBAZUKA NEWS: Zodwa, you are the general secretary of the Abahlali Youth League. Why was there a decision taken to form a separate branch of the movement for youth?

ZODWA NSIBANDE: As we have seen, the movement has been growing and growing, and although this is the case, as it is growing, the main founders are growing in age. The people are getting poorer so we will continue to grow. While still in action the young have to be trained because we believe that this struggle will still continue.

PAMBAZUKA NEWS: What sort of work do you do with the Youth League?

ZODWA NSIBANDE: We normally encourage the youth to participate in the development issues, because most of the youth think development issues have nothing to do with them, it’s for people that are old. We also encourage the youth to learn; especially in the settlements you don’t see the youth learning. Although you are living in a settlement, there is a life there and so you must sustain yourself.

PAMBAZUKA NEWS: As a woman and as the general secretary of the youth league and as a living member of Abahlali, you have multiple roles. How do these three roles integrate with each other? Also, could tell me a bit more about the participation and contribution from women comrades in the movement?

ZODWA NSIBANDE: As a woman of the movement – as well as the youngest woman of the movement – we respect the views of each and everyone. As I’m the youngest woman of the movement but have been part of its formation, it gives hope to other women: ‘No matter how old or young you are you can still participate in the making of the change’. It is not important whether you are a woman or a man. It’s not only men that can make a change, it is also women that can make a change. With this African culture, we believe that it’s only men that can make a change and the only place for a woman is in the kitchen – outside the kitchen, you don’t have to do anything. We as women have to be an example to other women and give them the chance to participate.

PAMBAZUKA NEWS: One of the problems in South Africa today is violence against women and as a movement that campaigns for equality and respects everybody, how has the Abahlali movement managed deal with the issue of violence against women? Is this something you have had to address within your own communities? I am talking about domestic violence, rape, harassment, and so on.

ZODWA NSIBANDE: South Africa has a high rate of domestic violence but within the settlements, what we are encouraging is to form what are called citizen security communities that are able to encourage security. It is because it is easier for a person within a settlement to report a crime to someone they know and trust. Furthermore the members of the security communities lead as a good example. The security communities work hand in hand with the local police stations so that the crimes can be handled in a rightful manner.

PAMBAZUKA NEWS: Recently Abahlali has chosen to form an alliance with other land rights movements in South Africa. Could you tell us a bit more about why you decided to do this and how that works?

MNIKELO NDABANKULU: While we were addressing the shackdweller’s concerns we found out that everyone in his own corner is facing the same problem so we felt the need to unite our struggles. We amalgamated our struggle with the Rural Network which is an organisation standing for the land rights and the farm workers rights. As well as the Anti-eviction Campaign from the Western Cape, which stands for the rights of people not to be evicted from their houses. As well as the Landless People’s Movement (LPM), which stands for the rights of the landless people. It worked for us – for instance when Abahlali took the government to court, we only had enough resources to organise one bus to take us there. However, as we are allied with the LPM, the comrades came to the court in a show of solidarity. The media, the government and the judges can see that this is somebody’s bother, and can see that we are upstanding for the rights of the people by crowding the corridors of court houses with lively people that are standing up.

PAMBAZUKA NEWS: David, you are from the Church Land Programme, could you give us a little background about how that organisation started? And also why you chose, as an organisation to build the alliance with the other land rights movements?

DAVID NTSENG: The Church Land Programme was formed in 1997 by two key NGOs in Pietermaritzburg, Kwazulu-Natal in South Africa. One being the Association for Rural Advancement and the other one being Pietermaritzburg Association for Christian Social Awareness, for the reasons: To look at land issues, land struggles and how rights of communities are secured on farms, especially on mission farms owned by the Catholic, Lutheran and other missionary churches.

Later in the year, having worked a great deal in the land reform sector, we continued to look at how these rights are protected to an extent that we realised, nothing much is moving in so far as the realisation of the dream to have a home, dream to have land to call your own without insecurity of tenure. Nothing was moving around that and as an organisation we started raising questions: Why does it take so long?

Part of the findings in asking that question was that its not about the pace of the land reform but the direction that the land reform is taking. The direction being that it is serving the neoliberal agenda. For land reform to take place, there has to be the willingness of the farmer to sell the land, or the willingness of the church to sell or donate the land. If there is not that, there is not much movement.

Secondly, when land is dealt with there has to be a convincing business plan by communities wanting land to produce or develop some entrepreneurship once they get the land. Now that underlines two things: One, people want land because it is part of their history, people want land because its part of restoring their dignity, people want land because it is who they are whether you want to proceed to entrepreneurship and become a commercial farmer or a small scale farmer. But this is people’s history, this is people’s lives. This is the extent of the mismatch as far as the land reform is concerned.

When discovering that, we said ok, Church Land Programme not only defines itself as an organisation working on land issues – we work with the people, we work with the land, and we work with the church. Because there is so much mismatch, it has to be talked about. It has to be raised in all corridors were we make presentations or we dialogue with people.

Now Abahlali formed in 2005, which is eight years after our existence as an organisation, and we only managed to draw links with them towards the beginning of 2006. Since then our relationship, when we work around it as an organisation, is that we have to employ a different kind of politics in relating to people’s formations. It has to be based on how they want that relationship to be, they being the movement, not how we as an organisation/NGO want it to be. So in a lot of instances we support them with resources and with presence of organisational personnel. But ensuring in whatever way that it appeals to what the movement is looking and asking for. There are spaces where we are asked to share an opinion on specific issues that the movement is faced with.

PAMBAZUKA NEWS: Although you are an NGO, an organisation, what do you think of the connections historically and also in the present between rural land rights and the urban shackdwellers’ movement?

DAVID NTSENG: There are very strong connections, one of them is based on the fact that both people affected in these areas are not given space to express their demands and both people in these areas are represented or over-represented either by what the state believes they want or what some of us as NGOs believe they want.

In doing that representation we are silencing their voice and in addition to silencing their voice, we are hitting them. This happens in both areas, in rural areas and in urban areas. In both instances they are neglected in a sense that they are first to live in conditions that do not allow their dignity to prevail and their humanity to prevail.

In both instances, what they are forced to go through is dehumanising and as an organisation we see the need to be part of the imagined politics in both these contexts. Where in rural areas people are saying we cannot allow ourselves to be subjected to the injustices that some farmers are putting us through but also what the government is putting us through by being insensitive to our issues. In the urban areas there are instances were even city officials demonstrate, openly the unwillingness to pay attention to the demands of people represented within Abahlali baseMjondolo.

This for us is immoral as an organisation that is uncalled for. We then try to draw the attention of the church leaders to this fact that we cannot fold arms when people are tortured in this way and in a so-called democratic society. Where is our conscience? What do we say about their humanity? What do we say about their right to reclaim their position as citizens of the country of South Africa?

PAMBAZUKA NEWS: There has been quite a bit of discussion amongst academics and activists on the nature of Abahlali’s demands. Whether these demands are simply about service delivery? Whether your vision is actually far more complex then that and much broader then simply the delivery of services? For example: You went to court regarding the Slum Elimination Bill, which is much deeper then just talking about service delivery. Could you expand on that?

ZODWA NSIBANDE: It is not about the service delivery as the media puts it, it is the way of the community of reminding the those in power, this is what you promised the people, so do it, when are you going to do it? And then the media says that it is just a service delivery protest. It is not about service delivery, it is also about human dignity of the community. It is the community saying, what you promised us, bring it back to us. You have to listen to us, you are accountable to us, you don’t only have to give services but human self-respect, dignity and life.
Power.

PAMBAZUKA NEWS: Why do you feel so strongly about the Slum Elimination Bill?

MNIKELO NDABANKULU: It is because this act is bringing back one of those apartheid ideas, which take anybody’s rights in the nation. For instance, the constitution of South Africa states that no one may be evicted from their house without an order of a court. But this act talks about evicting people, but it does not clarify under what criteria, it does not show that it is going to follow a protocol.

This act is going to make it and offence and a crime to resist evictions, which is not something that can happen in a democratic society. Resisting eviction in South Africa is a democratic right for every citizen, to say no to something they don’t like. This act says that if you resist eviction you might be fined for ZAR20,000 or you might spend 10 years in prison. The act was passed by a department that is not even a relevant department because it is a housing department; their job is to house. They don’t have the power to pass land rights, that’s the Department of Land Affairs and even they could not pass the bill if it was not hand in hand with the constitution because we will not allow that.

PAMBAZUKA NEWS: Abahlali also chose to boycott the elections, not to vote. Why was that decision made and what did you hope to achieve?

MNIKELO NDABANKULU: We are too patriotic about our country and we respect the heroes and heroines, which died for the liberation of South Africa, which gave every citizen a right to vote. Everyone was happy to vote, especially in 1994 for the first time. We voted, with the big hope that South Africa would change for the better.

The people’s government said that it would do one, two, three, and four for the citizens when it came in to power. After 14 years of patience we never got what had been promised by the people in government when they get into power. That frustrated us because we were voting because we hoped that something might happen after voting. Then when they don’t do the things that they promised us before elections, after the elections, it frustrated us.

We said to the government: ‘government, this time around we have voted more then once, with the one promise of housing and land for the slum dwellers, and you have never delivered onto that promise. This time around we will boycott our vote to show that we are no longer going to participate in something that does not work out for us.’

When we are saying, ‘no land, no house, no vote’ its not that we did not have the willingness to vote, its just that we wanted our government to be accountable to us and wanted our government to show respect to us. Because we said, ‘we do know that you cannot build houses within a short period of time’, but what did the government do to help?

Maybe they should conceive a memorandum of understanding our argument, to the people and the government, that in two years’ time, or one year’s time or five years’ time, we will build houses for you because this thereby promises that they build free houses for all. Nobody is accountable for these promises that are made on radio and through the media, there are no records in black and white that make someone accountable if the promise is never delivered.

PAMBAZUKA NEWS: So what do you think are the real motives behind the government’s forced removals and the fact that they want to move you to the outskirts of the city?

DAVID NTSENG: It’s multiple issues but the most important one is that in every instance where there is a threat of eviction or an ongoing eviction, there is a development in terms of infrastructure, be it roads and whatever – big, big multimillion projects coming or going on.

PAMBAZUKA NEWS: So are you saying there is a relationship between the government’s eviction policy and development of other projects in the area?

DAVID NTSENG: Very much so in terms of practice and what we have observed. In one area around Durban, a community of about 500 people was evacuated and forced off their land to make way for a highway. As we speak there is a big debate of about another threat of eviction pending for a community of about 10,000 families in northern Zululand, because there is a big development of a pipeline supported by a big company coming from Dubai to establish a mega shopping, entertainment centre that has never been seen on the continent of Africa, which will take in the region of ZAR55 billion to put up.

Now, that is not just evictions for the sake of evictions, it is evictions because there is a big mega million project coming. Varying in scale, ya? In some instances, in rural areas in particular, when these evictions take place it’s because farmers want to set up game farms and amalgamate their smaller farm plots. This is relatively speaking, when I say small. When they are put together they just fence their whole land off and introduce some game farming. Those who may have seen that a continuum of commercial farming is not taking them anywhere, they change land use from live stock or cash crop farming to game farming because they know northerners, and other people are still fascinated to see some wild life roaming around Africa.

PAMBAZUKA NEWS: Remember the huge out-spring of xenophobia in South Africa? Abahlali, unlike the government, chose to actually intervene by speaking out and opposing the xenophobic attacks. Why did you feel as shackdwellers, that it was important for you to intervene in those xenophobic attacks?

ZODWA NSIBANDE: As the movement, we feel that our brothers and sisters from other countries are becoming the victims because of the government. They were the nearest targets to the locals but the end frustration was directed to the government because of the slow pace of service delivery, and because of the not fulfilling the promises to the community.

PAMBAZUKA NEWS: To end up, what I would like to ask all of you – I know this is quite a difficult question – what do you think is the most transformational achievement or success that you have had as a movement, and David, as an organisation, over, say, the past three/four years?

MNIKELO NDABANKULU: A long time before Abahlali were born, everybody thought that people from the informal settlements, also have informal minds. We showed them that we can be poor in life, but God does not automatically make us poor in mind.

Before Abahlali was born there was nothing on the news about the shackdwellers, even the media did not pay any attention, it was a forgotten society. It was only important during elections, for politicians to go into the settlements to catch their votes, and then forget about them. But now there is a lot of on coming news from the shackdwellers.

Before Abahlali, I never thought that an ordinary shackdweller can stand and say; ‘government you are wrong!’ and take the government to court. Although we are still waiting for the results of the Slums Act to see whether we are winning or not, we have 99.9 per cent hope that we are going to win because we know that the constitution is on our side. We have won numerous cases of evictions when the municipalities just went and demolished and evicted in the settlement without an order of court. We took them to court with our lawyers, and have won 10 out of 10 of these cases against the government!

Also when the government tried to ban our protest march we took them to court and we won! We never had the situation of losing a case against the government because in most cases, the poor people are honest and are victims of the violation of their right. They have never done anything, which is outside of the law of the country. This is a big achievement because in the history of South Africa, never have ordinary people taken the government to court and enjoyed a victory over it, a victory like we are hoping to enjoy when the results of the Slums Act case come out.

DAVID NTSENG: I will quote the words of Abahlali baseMjondolo Movement’s president S’bu Zikode. Three words come to mind: ‘Reclaiming, humanity, action’. That’s how he describes the work of Abahlali baseMjondolo Movement and that reflects the project to transform the society. When the movement starts off, as Mnikelo says, forgotten citizens, that concientise people about who they are, what they are about.

I also quote our catholic brother, Philipo Mondini who is back in Italy, when he said in one of the gatherings: ‘When I see people from the shacks, I see God, because not only are they made in the image of God but in them lives God. Whoever smashes their homes, smashes God’s homes, whoever puts them in prison, is putting God in prison.’ This talks about a bigger thing, that addresses who our society is? When you ask who our society is, what does the movement see as the responsibility of those that our leading our society? Now, if anything sounds, proves to be inhumane and dehumanising, this organisation stands it’s ground to reclaim humanity in action.

ZODWA NSIBANDE: We have achieved a lot because the main idea, was to reclaim the dignity of the people that are living in the informal settlements. This has been a success and the dignity of the people in the settlements has been reclaimed their voices have been brought back.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* Mnikelo Ndabankulu is a founding member and spokesperson for Abahlali baseMjondolo.
* Zodwa Nsibande is the general secretary of the Abahlali Youth League.
* David Ntseng is with the Church Land Programme, an NGO based in KwaZulu-Natal province.
* Sokari Ekine conducted this interview for Pambazuka News.
* This interview was transcribed by Steffen Fischer, who is an intern with Fahamu.

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COHRE Report on the N2 Gateway Project

COHRE, the UN affiliated human rights NGO based in Switzerland, has just released a scathing report on the N2 Gateway project. Click here for an archive of entries on Joe Slovo and here and here for an archive of entries on the Symphony Way occupation.

For comment on how the N2 Gateway has effected the lives of poor people in Cape Town, contact:

Ashraf Cassiem at 076 186 1408 (Western Cape Anti-Eviction Campaign)
Kareemah Linneveldt 078 492 0943 (Symphony Way Anti-Eviction Campaign)
Evelyn Mokoena at 0763317624 (Symphony Way Anti-Eviction Campaign)
Mzwanele Zulu (Joe Slovo Task Team)
Luthando Ndabamba (Joe Slov N2 Gateway Phase 1 Flats)

COHRE RELEASES N2 GATEWAY PROJECT REPORT
FRIDAY, 11 SEPTEMBER 2009

The Centre on Housing Rights and Evictions (COHRE) today released a report on housing rights violations in the context of the N2 Gateway development project in South Africa. The report is based on research conducted by COHRE during a fact finding mission to South Africa in 2008 and its amicus curiae (‘friend of the court’) submission to the South African Constitutional Court in the recently decided "Joe Slovo" case (Residents of Joe Slovo Community, Western Cape v Thubelisha Homes & Others, CCT 22/08[2009] ZACC 16). The report –N2 Gateway Project: Housing Rights Violations as ‘Development’ in South Africa — is available at http://www.cohre.org

*** CLICK HERE TO DOWNLOAD THE COHRE REPORT ***

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AVCC: Police Brutally Assault Peaceful Service Delivery Protestors in Alexandra: Call for Solidarity and Advice

Press Statement from the Alexandra Vukuzenzele Crisis Committee

Police Brutally Assault Peaceful Service Delivery Protestors in Alexandra: Call for Solidarity and Advice

We, the Alexandra Vukuzenzele Crisis Committee (AVCC), have been fighting for our right to move from our shacks to houses since 2002. We have engaged the Alexandra Renewal Project (ARP) and local ANC councilors, but they have failed to respond to our grievances. To push forward the struggle of the poor for our right to housing, we have been non-violently occupying empty RDP houses in extension 7. The government and the police have responded by brutally assaulting us in order to stop us from applying this method of non-violent direct action – the only method we have to force the government to heed to our demands for housing.

On the 7th August 2009, we moved from our shacks to the RDP houses and stayed overnight. The following morning, the police arrived on the scene, led by inspector Mathebula and Ndemanda, and Superintendent Morten, while we were busy calling our comrades together to allocate the empty houses. They asked us if we had documents to move in, and we replied “no, we have our c-forms that say we need houses”. They then handed us a court order from extension 9, dated the 22nd April 2008, which said that we needed to evacuate the premises. We called our advocate by cell phone, who then told the superintendent over the phone that the court order is faulty and that the people are not moving out and should be left alone. Superintendent Ndemanda refused to listen and threatened to shoot us if we did not disperse in five minutes. One of our leaders, Daphne Sehota, responded by asking our comrades to sit down peacefully and they did.

Superintendent Ndmanda then gave the order to the police to shoot rubber bullets at us, including elderly women, and they proceeded to shoot at us while we were seated. Our blood spilled onto the streets as nearly 30 people were injured by the bullets. 26 were arrested on charges of trespassing. We obtained J88’s for many of the victims of the police brutality and reported the incident to the police, as they must be held responsible for their actions, but our claims have been completely ignored. The 26 who were arrested spent four days in jail and have now also been released without ever appearing in court.

This is not the first time we have been assaulted by the police for fighting for our rights. 15 years into our so-called democracy, the government is using the same repressive tactics as the apartheid government used by arresting our leaders and brutally assaulting us. But, the response by the police will not stop us from fighting for our basic human rights. Not only are we being denied the houses that were promised to us by the government, but we are also being suppressed and brutalised by the police when we protest for these rights peacefully. We are calling for advice and support from any organisation or individual who feels we should be able to express ourselves freely without the fear of being attacked.

For more information or to assist, please contact:
Dephne – 078 520 5685
Or, Louis – 071 121 8120

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The 2009 Wave of Local Rebellions (June to August)

For an archive of news articles on the rebellions click here.There is also a new piece in the New York Times here and a report in the Mercury on a study by the Centre for Sociological Research here.

Press Statements

  • Athlone AEC Sunday Protest, Western Cape Anti-Eviction Campaign, 8 June 2009
  • Symphony Way march to High Court tomorrow joined by Joe Slovo, Macassar, Gugulethu and Valhalla Park, Western Cape Anti-Eviction Campaign, 8 June 2009
  • Our Struggle for Liberation Remains…Poor Peoples’ Alliance to Re-enact June 1976 Soweto Uprising March, The Landless People’s Movement, 14 June 2009
  • 14 Protesters Shot With Rubber Bullets: An urgent update on AbM Western Cape Protest, by Abahlali baseMjondolo of the Western Cape, 14 July 2009
  • 15 Settlements to March in Support of the Macassar Village Land Occupation, by Abahlali baseMjondolo of the Western Cape, 14 July 2009
  • June 16th Commemoration to be Held at the Macassar Village Occupation, by Abahlali baseMjondolo of the Western Cape, 15 July 2009
  • Memorandum of Demands Presented to Dan Plato by AbM Western Cape, by Abahlali baseMjondolo of the Western Cape, 21 July 2009
  • A week of radical actions including a march on Parliament, Sikhula Sonke, 27 July 2009

    Links to Information by and on Relevant Organisations

  • Abahlali baseMjondolo of the Western Cape
  • The Landless People’s Movement
  • The Macassar Village Land Occupation
  • Sikhula Sonke
  • South African Unemployed People’s Movement
  • Western Cape Anti-Eviction Campaign

    Op-Ed Pieces

  • Burning message to the state in the fire of poor’s rebellion, by Richard Pithouse, Business Day, 23 July 2009
  • ANC Plays Fiddle as Our Country Burns, by Max Du Preez, Cape Argus, 23 July 2009
  • It’s not xenophobia, by Peter Alexander and Peter Pfaffe The Sowetan, 29 July 2009
  • People are demanding public service, not service delivery, by Steven Friedman, Business Day, 29 July 2009
  • A Cry for Deep Structural Change, by Imraan Buccus, The Mercury, 29 July 2009
  • Will Zuma administration open its ears to the streets?, by Jane Duncan, Business Day, 4 August 2009
  • What Communism?, by Blessing Karumbidza, The Witness, 4 August 2009
  • The Elite and Community Protests in South Africa, by Shawn Hattingh, Mostly Water, 5 August 2009
  • What the State’s Response to the Anger of Protesting Communities Is Not Telling Us, by Ibrahim Steyn, South African Civil Society Information Service, 6 August 2009
  • Revolt a symptom of historical pain, by Josette Cole, Cape Argus, 8 August 2009
  • Politics is about service, not plundering the state purse, by Imraan Buccus, The Mercury, 12 August 2009
  • Hard Choices Ahead, by Richard Pithouse South African Civil Society Information Service, 13 August 2009

    Speeches & Other Responses

  • On the Arrest and Assault of Mzonke Poni, by Mark Butler, 2 June 2009
  • Fanonian Practices and the politics of space in postapartheid South Africa: The Challenge of the Shack Dwellers Movement, by Nigel Gibson, Frantz Fanon Colloque, Algiers, 7 July 2009
  • Meaningful Engagement, by S’bu Zikode, 27 July 2009
  • Featured post

    The Will of the People: Notes Towards a Dialectical Voluntarism

    http://stefandav.blogspot.com/2009/09/peter-hallward-will-of-people-notes.html

    The Will of the People: Notes Towards a Dialectical Voluntarism

    by Peter Hallward

    By ‘will of the people’ I mean a deliberate, emancipatory and inclusive process of collective selfdetermination. Like any kind of will, its exercise is voluntary and autonomous, a matter of practical freedom; like any form of collective action, it involves assembly and organization. Recent examples of the sort of popular will that I have in mind include the determination, assembled by South Africa’s United Democratic Front, to overthrow an apartheid based on culture and race, or the mobilization of Haiti’s Lavalas to confront an apartheid based on privilege and class. Conditioned by the specific strategic constraints that structure a particular situation, such mobilizations test the truth expressed in the old cliché, ‘where there’s a will there’s a way’. Or, to adapt Antonio Machado’s less prosaic phrase, taken up as a motto by Paulo Freire, they assume that ‘there is no way, we make the way by walking it.’[1]

    To say that we make the way by walking it is to resist the power of the historical, cultural or socioeconomic terrain to determine our way. It is to insist that in an emancipatory political sequence what is ‘determinant in the first instance’ is the will of the people to prescribe, through the terrain that confronts them, the course of their own history. It is to privilege, over the complexity of the terrain and the forms of knowledge and authority that govern behaviour ‘adapted’ to it, the purposeful will of the people to take and retain their place as the ‘authors and actors of their own drama’.[2]

    To say that we make our way by walking it is not to pretend, however, that we invent the ground we traverse. It is not to suppose that a will creates itself and the conditions of its exercise abruptly or ex nihilo. It is not to assume that the ‘real movement which abolishes the existing state of things’ proceeds through empty or indeterminate space. It is not to disregard the obstacles or opportunities that characterize a particular terrain, or to deny their ability to influence the forging of a way. Instead it is to remember, after Sartre, that obstacles appear as such in the light of a project to climb past them. It is to remember, after Marx, that we make our own history, without choosing the conditions of its making. It is to conceive of terrain and way through a dialectic which, connecting both objective and subjective forms of determination, is oriented by the primacy of the latter.

    Affirmation of such relational primacy informs what might be called a ‘dialectical voluntarism’. A dialectical voluntarist assumes that collective self-determination – more than an assessment of what seems feasible or appropriate – is the animating principle of political action. Dialectical voluntarists have confidence in the will of the people to the degree that they think each term through the other: ‘will’ in terms of assembly, deliberation and determination, and ‘people’ in terms of an exercise of collective volition.

    I

    The arrival of the will of the people as an actor on the political stage over the course of the eighteenth century was itself a revolutionary development, and it was experienced as such by the people themselves. To assert the rational and collective will of the people as the source of political authority and power was to reject alternative conceptions of politics premissed on either the mutual exclusion of society and will (a politics determined by natural, historical or economic necessity), or the primacy of another sort of will (the will of God, of God’s representative on earth, or of his semi-secular equivalent: the will of an elite entitled to govern on account of their accumulated privileges and qualifications).

    If the French and Haitian revolutions of the late eighteenth century remain two of the most decisive political events of modern times it’s not because they affirmed the liberal freedoms that are so easily (because unevenly) commemorated today. What was and remains revolutionary about France 1789–94 and Haiti 1791–1803 is the direct mobilization of the people to claim these universal rights and freedoms, in direct confrontation with the most powerful vested interests of the day.[3] The taking of the Bastille, the march upon Versailles, the invasion of the Tuileries, the September Massacres, the expulsion of the Girondins, the innumerable confrontations with ‘enemies of the people’ up and down the country: these are the deliberate interventions that defined both the course of the French Revolution, and the immense, unending counter-revolution that it provoked. The Haitian revolutionaries went one step further and forced, for the first time, immediate and unconditional application of the principle that inspired the whole of the radical enlightenment: affirmation of the natural, inalienable rights of all human beings.[4] The campaign to re-pacify the people has been running, in different ways in different places, ever since.

    The events of 1789–94, and the popular mobilization that enabled them, continue to frame our most basic political choice – between empowerment or disempowerment of the will of the people. In Robespierre’s France ‘there are only two parties: the people and its enemies’, and ‘whoever is not for the people is against the people.’ Despite the well-known limits of his own populism, Thomas Jefferson found a similar distinction at work in every political configuration: there are ‘those who fear and distrust the people, and wish to draw all powers from them into the hands of the higher classes’, and there are ‘those who identify themselves with the people, have confidence in them’ and consider them the ‘safest depository of their own rights’.[5] In spite of all that has changed over the past two hundred years, the alternative remains much the same: either an insistence on the primacy of popular self-determination, or a presumption that the people are too crude, barbaric or childlike to be capable of exercising a rational and deliberate will.

    Different versions of this choice have come to the fore every time there is an opportunity to confront the system of domination that structures a specific situation. The will, as Badiou notes, is an essentially ‘combative’ process.[6] Haiti, Bolivia, Palestine and Ecuador are some of the places where in recent years the people have managed, in the face of considerable opposition, to formulate and to some extent impose their will to transform the situation that oppresses them. Responses to such imposition have tended to follow the Thermidorian model. The mix of old and new counter-revolutionary strategies for criminalizing, dividing, and then dissolving the will of the people – for restoring the people to their ‘normal’ condition as a dispersed and passive flock – is likely to define the terrain of emancipatory struggle for the foreseeable future.

    II

    In a European context, philosophical expression of a confidence in the will of the people dates back to Rousseau, and develops in different directions via Kant, Fichte, Hegel and Marx.[7] Over the course of this trajectory the category of the people expands from the anachronistic idealization of a small homogeneous community towards an anticipation of humanity as a whole. The more it approaches a global universality the more difficult it becomes, of course, to conceive of the people in terms of a naively immediate or self-actualizing conception of will. Kant’s abstract universalization makes too sharp a distinction between determination of the will and its realization; Hegel goes too far in the other direction.

    I will assume here that the most fruitful way to begin thinking a dialectical voluntarism that might eventually draw on aspects of both Kant and Hegel is to start with a return to Rousseau and his Jacobin followers, notably Robespierre and Saint-Just, supplemented by reference to more recent interventions that might be described in roughly neo-Jacobin terms. Rousseau’s conception of a general will remains the single most important contribution to the logic at work in a dialectical voluntarism. Unlike Rousseau or Hegel, however, my concern here is not with a people conceived as a socially or ethically integrated unit, one that finds its natural horizon in the nation-state, so much as with the people who participate in the active willing of a general will as such. Such a will is at work in the mobilization of any emancipatory collective force – a national liberation struggle, a movement for social justice, an empowering political or economic association, and so on. ‘The people’ at issue here are simply those who, in any given situation, formulate, assert and sustain a fully common (and thus fully inclusive and egalitarian) interest, over and above any divisive or exclusive interest.

    The gulf that separates Marxist from Jacobin conceptions of political action is obvious enough, and in the first instance a dialectical voluntarism has more to learn from the latter than the former. Nevertheless, what is most fundamental in Marx is not the ‘inevitable’ or involuntary process whereby capitalism might seem to dig its own grave, but rather the way in which it prepares the ground upon which the determined diggers might appear. ‘The emancipation of the working classes’, stipulates the wellknown opening sentence of the rules Marx drafted for the First International, ‘must be conquered by the working classes themselves’.[8] Even Marx’s most non-voluntarist work is best described as an effort to show ‘how the will to change capitalism can develop into successful transformative (revolutionary) activity’, or as an effort ‘not only to make History but to get a grip on it, practically and theoretically’.[9] (A similar argument, as Adrian Johnston, Tracy McNulty and several others point out, might be made in relation to Freud and Lacan.[10]) The concentration of capital and the intensification of exploitation and misery which accompanies it lead not to the automatic collapse of capitalism but to a growth in the size, frequency and intensity of ‘the revolt of the working-class’. It is this class which, as anticipated by the Paris Communards, will carry out the deliberate work of ‘expropriating the expropriators’.[11] Once victorious, this same class will preside over the establishment of a mode of production marked above all by the predominance of autonomy, mastery and freedom. The newly ‘associated producers [will] regulate their interchange with nature rationally and bring it under their common control, instead of being ruled by it as by some blind power.’ They will thereby enable affirmation of human creativity and ‘energy [as] an end in itself’.[12] Understood as the real movement which abolishes the existing state of things, communism, we might say, forces the conversion of work into will.

    The optimism that characterizes such an approach is still emphatic in Gramsci (who seeks ‘to put the “will”, which in the last analysis equals practical or political activity, at the base of philosophy’[13]) and in the early writings of Lukács (for whom ‘decision’, ‘subjective will’ and ‘free action’ have strategic precedence over the apparent ‘facts’ of a situation [14]). Comparable priorities also orient the political writings of a few more recent philosophers, like Sartre, Beauvoir and Badiou. Obvious differences aside, what these thinkers have in common is an emphasis on the practical primacy of self-determination and self-emancipation. However constrained your situation you are always free, as Sartre liked to say, ‘to make something of what is made of you’.[15]

    Overall, however, it is difficult to think of a canonical notion more roundly condemned, in recent ‘Western’ philosophy, than the notion of will, to say nothing of that general will so widely condemned as a precursor of tyranny and totalitarian terror. In philosophical circles voluntarism has become little more than a term of abuse, and an impressively versatile one at that: depending on the context, it can evoke idealism, obscurantism, vitalism, infantile leftism, fascism, petty-bourgeois narcissism, neocon aggression, folk-psychological delusion … Of all the faculties or capacities of that human subject who was displaced from the centre of post-Sartrean concerns, none was more firmly proscribed than its conscious volition. Structuralist and post-structuralist thinkers, by and large, relegated volition and intention to the domain of deluded, imaginary or humanist-ideological miscognition. Rather than explore the ways in which political determination might depend on a collective subject’s self-determination, recent philosophy and cultural theory have tended to privilege various forms of either indetermination (the interstitial, the hybrid, the ambivalent, the simulated, the undecidable, the chaotic…) or hyper-determination (‘infinite’ ethical obligation, divine transcendence, unconscious drive, traumatic repression, machinic automation…). The allegedly obsolete notion of a pueblo unido has been displaced by a more differentiated and more deferential plurality of actors – flexible identities, negotiable histories, improvised organizations, dispersed networks, ‘vital’ multitudes, polyvalent assemblages, and so on. Even the most cursory overview of recent European philosophy is enough to evoke its general tendency to distrust, suspend or overcome the will – a tendency anticipated, in an extreme form, by Schopenhauer. Consider a few names from a list that could be easily expanded. Nietzsche’s whole project presumes that ‘there is no such thing as will’ in the usual (voluntary, deliberate, purposeful…) sense of the word.[16] Heidegger, over the course of his own lectures on Nietzsche, comes to condemn the will as a force of subjective domination and nihilist closure, before urging his readers ‘willingly to renounce willing’.[17] Arendt finds, in the affirmation of a popular political will (‘the most dangerous of modern concepts and misconceptions’), the temptation that turns modern revolutionaries into tyrants.[18] For Adorno, rational will is an aspect of that Enlightenment pursuit of mastery and control which has left the earth ‘radiant with triumphant calamity’. Althusser devalues the will as an aspect of ideology, in favour of the scientific analysis of historical processes that proceed without a subject. Negri and Virno associate a will of the people with authoritarian state power. After Nietzsche, Deleuze privileges transformative sequences that require the suspension, shattering or paralysis of voluntary action. After Heidegger, Derrida associates the will with selfpresence and self-coincidence, a forever futile effort to appropriate the inappropriable (the unpresentable, the equivocal, the undecidable, the differential, the deferred, the discordant, the transcendent, the other). After these and others, Agamben summarizes much recent European thinking on political will when he effectively equates it with fascism pure and simple. [

    Even those thinkers who, against the grain of the times, have insisted on the primacy of selfdetermination and self-emancipation have tended to do so in ways that devalue political will. Take Foucault, Sartre and Badiou. Much of Foucault’s work might be read as an extended analysis, after Canguilhem, of the ways in which people are ‘de-voluntarized’ by the ‘permanent coercions’ at work in disciplinary power, coercions designed to establish ‘not the general will but automatic docility’.[19] Foucault never compromised on his affirmation of ‘voluntary insubordination’ in the face of newly stifling forms of government and power, and in crucial lectures from the early 1970s he demonstrated how the development of modern psychiatric and carceral power, in the immediate wake of the French Revolution, was designed first and foremost to ‘over-power’ and break the will of people who had the folly literally to ‘take themselves for a king’;[20] nevertheless, in his published work Foucault tends to see the will as complicit in forms of self-supervision, self-regulation and self-subjection. Sartre probably did more than any other philosopher of his generation to emphasize the ways in which an emancipatory project or group depends upon the determination of a ‘concrete will’, but his philosophy offers a problematic basis for any sort of voluntarism. He accepts as ‘irreducible’ the ‘intention’ and goals which orient an individual’s fundamental project, but makes a sharp distinction between such intention and merely ‘voluntary deliberation’ or motivation: since for Sartre the latter is always secondary and ‘deceptive’, the result is to render the primary intention opaque and beyond ‘interpretation’.[21] Sartre’s later work subsequently fails to conceive of a collective will in other than exceptionalist and ephemeral terms. Badiou’s powerful revival of a militant theory of the subject is more easily reconciled with a voluntarist agenda (or at least with what Badiou calls a volonté impure[22]), but suffers from some similar limitations. It’s no accident that, like Agamben and Žižek, when Badiou looks to the Christian tradition for a point of anticipation he turns not to Matthew (with his prescriptions of how to act in the world: spurn the rich, affirm the poor, ‘sell all thou hast’…) but to Paul (with his contempt for the weakness of human will and his valorization of the abrupt and infinite transcendence of grace).

    Pending a more robust philosophical defence, contemporary critical theorists tend to dismiss the notion of will as a matter of delusion or deviation. But since it amounts to little more than a perverse appropriation of more fundamental forms of revolutionary determination, there is no reason to accept fascist exaltation of an ‘awakening’ or ‘triumph of the will’ as the last word on the subject. The true innovators in the modern development of a voluntarist philosophy are Rousseau, Kant and Hegel, and the general principles of such a philosophy are most easily recognized in the praxis of people like Robespierre, John Brown, Fanon, Che Guevara… It is to such people that we need to turn in order to remember or reconceive the true meaning of popular political will.

    III

    On this basis we might enumerate, along broadly neo- Jacobin lines, some of the characteristic features of a will of the people:

    1. The will of the people commands, by definition, voluntary and autonomous action. Unlike involuntary or reflex-like responses, if it exists then will initiates action through free, rational deliberation. As Rousseau puts it, the fundamental ‘principle of any action lies in the will of a free being; there is no higher or deeper source …. Without will there is no freedom, no selfdetermination, no “moral causality”.’[23] Robespierre soon drew the most basic political implication when he realized that when people will or ‘want to be free they will be’. Sieyès anticipated the point, on the eve of 1789: ‘every man has an inherent right to deliberate and will for himself’, and ‘either one wills freely or one is forced to will, there cannot be any middle position’. Outside voluntary self-legislation ‘there cannot be anything other than the empire of the strong over the weak and its odious consequences.’[24] An intentional freedom is not reducible to the mere faculty of free choice or liberum arbitrium.[25] If we are to speak of the ‘will of the people’ we cannot restrict it (as Machiavelli and his successors do) to the passive expression of approval or consent.[26] It is the process of actively willing or choosing that renders a particular course of action preferable to another. ‘Always engaged’, argues Sartre, freedom never ‘pre-exists its choice: we shall never apprehend ourselves except as a choice in the making.’[27] Augustine and then Duns Scotus already understood that ‘our will would not be will unless it were in our power.’[28] Descartes likewise recognized that ‘voluntary and free are the same thing’, and finds in the ‘indivisible’ and immeasurable freedom of the will our most fundamental resemblance to divinity.[29] Kant (followed by Fichte) then radicalizes this voluntarist approach when he defines the activity of willing as ‘causality through reason’ or ‘causality through freedom’.[30] Will achieves the practical liberation of reason from the constraints of experience and objective knowledge. As Kant understood more clearly than anyone before him, mere familiarity with what is or has been the case, when it comes to ethics and politics, is ‘the mother of illusion’.[31] It is the active willing which determines what is possible and what is right, and makes it so. As the French Revolution will confirm, it is as willing or practical beings that ‘people have the quality or power of being the cause and … author of their own improvement’.[32]

    From a voluntarist perspective, the prescription of ends and principles precedes the calculation, according to the established criteria that serve to evaluate action within a situation, of what is possible, feasible, or legitimate. To affirm the primacy of a prescriptive will is to insist that in politics all external (natural, sociological, historical, unconscious, technical…) forms of determination, however significant, are nonetheless secondary, as are all forms of regulation and representation. ‘To will’, as Badiou puts it, is ‘to force a point of impossibility, so as to make it possible.’[33] The guiding strategic maxim here, adopted in situations ranging from Lenin’s Russia in 1917 to Aristide’s Haiti in 1990, was most succinctly stated by Napoleon: on s’engage puis on voit. Those sceptical of political will, by contrast, assume that apparently voluntary commitments mask a more profound ignorance or devaluation of appetite (Hobbes), causality (Spinoza), context (Montesquieu), habit (Hume), tradition (Burke), history (Tocqueville), power (Nietzsche), the unconscious (Freud), convention (Wittgenstein), writing (Derrida), desire (Deleuze), drive (Žižek)…

    2. The will of the people involves collective action and direct participation. A democratic political will depends on the power and practice of inclusive assembly, the power to sustain a common commitment. As many of his readers have pointed out, what distinguishes Rousseau from other thinkers who (like Plato or Montesquieu) likewise privilege the general over the particular is his insistence that only active willing can enable an inclusive association, an association with an actively ‘common interest’.[34] What ‘generalises the public will is not the quantity of voters but the common interest which unites them’,[35] and what sustains this interest is the common will to identify and accomplish it. The assertion of a general will, needless to say, is a matter of collective volition at every stage of its development. The inaugural ‘association is the most voluntary act in the world’, and to remain an active participant of the association ‘is to will what is in the common or general interest’. In so far (and only in so far) as they pursue this interest, each person ‘puts his person and all his power in common under the supreme control of the general will’.[36] Rousseau’s analogy is familiar: ‘As nature gives each man an absolute power over his limbs, the social pact gives the body politic an absolute power over all of its members; and it is this same power which, when directed by the general will, bears the name of sovereignty.’ Defined in this way, ‘the general will is always on the side most favourable to the public interest, that is to say, the most equitable, so that it is necessary merely to be just to be assured of following the general will.’[37]

    As a matter of course, such a will can only remain sovereign in so far as its willing remains general, rather than particular. The general interest will prevail only if the will to pursue it is stronger than the distraction of particular interests; reflection on how best to strengthen it, how best to ‘carry the self into the common unity’, is Rousseau’s most obsessive concern. The legislator who aspires to assist the ‘founding of a people … must, in a word, take away man’s own forces in order to give him new ones which are alien to him, and which he cannot use without the help of others’.[38]

    To say that a general will is ‘strong’ doesn’t mean that it stifles dissent or imposes uniformity. It means that in the process of negotiating differences between particular wills, the willing of the general interest eventually finds a way to prevail. There is an inclusive general will in so far as those who initially oppose it correct their mistake and realize that ‘if my private opinion had prevailed I would have done something other than what I had willed’ – that is, something inconsistent with my ongoing participation in the general will.[39] So long as it lasts, participation in a general will, be it that of a national movement, a political organization, a social or economic association, a trade union, and so on, always involves a resolve to abide by its eventual judgement, not as an immediate arbiter of right and wrong but as the process of collectively deliberating and willing what is right. Participation in a general will involves acceptance of the risk of finding yourself being, at any given moment, ‘wrong with the people rather than right without them.’[40] By the same token, it’s precisely in so far as it remains actively capable of seeking and willing the collective right that we can agree with Rousseau and Sieyès when they insist that, in the long run, a general will can neither err nor betray. The ‘sovereign, by the mere fact that it exists, is always what it ought to be’.[41] The most pressing question, as the Jacobins would discover in 1792–94, is less that of a general will’s legitimacy than that of its continued existence. Without ‘unity of will’, Sieyès understood, a nation cannot exist as an ‘acting whole’; ‘however a nation may will, it is enough for it to will, [and] for its will to be made known for all positive law to fall silent in its presence, because it is the source and supreme master of all positive law.’[42] After Robespierre, Saint-Just summarizes the whole Jacobin political project when he rejects ‘purely speculative’ or ‘intellectual’ conceptions of justice, as if ‘laws were the expression of taste rather than of the general will’. The only legitimate definition of the general will is ‘the material will of the people, its simultaneous will; its goal is to consecrate the active and not the passive interest of the greatest number of people.’[43]

    Mobilization of the general will of the people must not be confused, then, with a merely putschist vanguardism. An abrupt appropriation of the instruments of government by a few ‘alchemists of revolution’ is no substitute for the deployment of popular power.[44] In spite of obvious strategic differences, Lenin is no more tempted than Luxemburg to substitute a Blanquist conspiracy for ‘the people’s struggle for power’, via mobilization of the ‘vast masses of the proletariat’.[45] It’s not a matter of imposing an external will or awareness upon an inert people, but of people working to clarify, concentrate and organize their own will. Fanon makes much the same point, when he equates a national liberation movement with the inclusive and deliberate work of ‘the whole of the people’.[46] Such work serves to distinguish political will from any merely passive opinion or preference, however preponderant. The actively general will distinguishes itself from the mere ‘will of all’ (which is ‘nothing but a sum of particular wills’) on account of its mediation through the collective mobilization of the people.[47] The people who sustain the ‘will of the people’ are not defined by a particular social status or place, but by their active identification of and with the emergent general interest. Sovereignty is an attribute of such action. Conceived in these terms as a general willing, the power of the people transcends the powers of privilege or government, and entitles the people to overpower the powers that oppose or neglect them. If such powers resist, the Jacobins argue, the only solution is to ‘arm the people’, in whatever way is required to overcome this resistance.

    3. The will of the people is thus a matter of material power and active empowerment, before it is a matter of representation, authority or legitimacy. What divides society is its response to popular self-empowerment. Jefferson goes so far as to privilege insurgency even when it might seem misguided or deluded: ‘the people cannot be all, and always, well-informed’, he concedes with reference to Shays’ Rebellion, but they are entitled if not obliged to ‘preserve the spirit of resistance’ in the face of all obstacles.[48] This is as much a Marxist as it is a Jacobin insight. Any social ‘transformation can only come about as the product of the – free – action of the proletariat’, notes Lukács, and ‘only the practical class consciousness of the proletariat possesses this ability to transform things.’ Such a praxis-oriented philosophy did not die out after the political setbacks of the 1920s. Sartre took up the same theme in the early 1950s (before Badiou in the 1970s): as far as politics is concerned a ‘class is never separable from the concrete will which animates it nor from the ends it pursues. The proletariat forms itself by its day-to-day action. It exists only by action. It is action. If it ceases to act, it decomposes.’[49]

    Of all the concerns that link Rousseau and Marx, few run as deep as the critique of conventional parli23 amentary representation. Since ‘a will cannot be represented’, so then ‘sovereignty, being nothing more than the exercise of the general will, can never be alienated [and] can only be represented by itself; power can indeed be transferred but not will.’ The people can (and must) delegate ‘agents’ to execute their will, but they cannot delegate their willing as such.[50] Marx follows Rousseau, against Hobbes, when he criticizes modern bourgeois politics as essentially representative – that is, as an expropriation of popular power by the state.[51] The bourgeois ‘state enmeshes, controls, regulates, superintends and tutors civil society from its most comprehensive manifestations of life down to its most insignificant stirrings’. Popular emancipation will require the interruption of such a state, and its replacement, through ‘the struggle of the producing against the appropriating class’, of a political form capable of overseeing ‘the economic emancipation of labour’.[52] In the wake of Marx’s critique of the Commune, Lenin’s State and Revolution takes this argument to its logical conclusion.

    Will commands the initiation of action, not representation. An exercise in political will involves taking power, not receiving it, on the assumption that (as a matter of ‘reason’ or ‘natural right’) the people are always already entitled to take it. ‘The oppressed cannot enter the struggle as objects’, Freire notes, ‘in order later to become human beings.’[53] It makes no sense, as John Brown argued during his trial in 1859, to treat the imperatives of justice merely as recommendations that must bide their time: ‘I am yet too young’, Brown said on the eve of his execution, ‘to understand that God is any respecter of persons.’[54] A similar impatience informs the strategic voluntarism of Che Guevara, who knew that it is pointless to wait ‘with folded arms’ for objective conditions to mature. Whoever waits for ‘power to fall into the people’s hands like a ripe fruit’ will never stop waiting.[55] As one of today’s more eloquent proponents of a ‘living communism’ suggests, an inclusive popular politics must start with an unconditional assertion of the ‘humanity of every human being’. Our politics, says S’bu Zikode, chairperson of the Durban shack dwellers’ movement Abahlali baseMjondolo, is rooted in the ‘places that we have taken’ and kept: We will no longer quietly wait for our humanity to be finally recognized one day. We have already taken our place on the land in the cities and we have held that ground. We have also decided to take our place in all [political] discussions and to take it right now. We take our place humbly, but firmly. We do not allow the state to keep us quiet in the name of a future revolution that does not come. We do not allow the NGOs to keep us quiet in the name of a future socialism that they can’t build. We take our place as people who count the same as everyone else.[56]

    Those who lack confidence in the people, by contrast, recommend the virtues of patience. Such lack of confidence takes the general form of an insistence on socially mediated time, the time of ongoing ‘development’. The people are in too much of a rush; it is too soon for them to prescribe demands of their own.[57] It is always too early, from this perspective, for equality and participation. Only when they ‘grow up’ or ‘progress’ might today’s people become worthy of the rights that a prudent society withholds. Between confidence in the people and confidence in historical progress, as Rousseau anticipated, there is a stark choice.

    4. Like any form of free or voluntary action, the will of the people is grounded in the practical sufficiency of its exercise. Will is no more a ‘substance’ or object of knowledge than the cogito variously reworked and affirmed by Kant, Fichte and Sartre. A ‘fundamental freedom’ or ‘practical exercise of reason’ proves itself through what it does and makes, rather than through what it is, has or knows. Freedom demonstrates and justifies itself through willing and acting, or else not at all.58 We are free, writes Beauvoir, but freedom ‘is only by making itself be’. We are free in so far as ‘we will ourselves free’,[59] and we will ourselves free by crossing the threshold that separates passivity and ‘minority’ from volition and activity. We will ourselves free across the distance that our freedom puts between itself and a previous unfreedom. We are free as self-freeing.

    In order to rouse themselves from the nightmare of history, the people thus need to anticipate the power of their will. The people are condemned, Robespierre accepts, to ‘raise the temple of liberty with hands still scarred by the chains of despotism’. A will, individual or collective, cannot begin in full possession of its purpose or power; it precisely wills rather than receives its clarification.[60] A voluntarist prescription must anticipate effects which enable their cause. Rousseau recognizes this necessity: ‘In order for a nascent people to appreciate sound political maxims and follow the fundamental rules of statecraft, the effect would have to become the cause …; before the creation of the laws, people would have to be what they should become by means of those same laws.’61 The pressure of events would push Robespierre and Saint-Just to similar conclusions. Marx gave much the same problem its most productive formulation when he framed it in terms of the process that might educate the educators.[62]

    The process of transition from submission to participation, notes Michael Hardt with reference to both Lenin and Jefferson, always involves a ‘self-training in the capacities of self-rule.… People only learn democracy by doing it.’ Much of Jacques Rancière’s work is organized around a parallel question: given the social differentiation of rulers and ruled, or teachers and taught, how can initially passive, subordinate or ‘brutalized’ people come to emancipate themselves in an anticipation of equality, an assertion whose verification will retrospectively invalidate any basis for the initial differentiation of functions or intelligences?63 By contrast the already-educated tend to worry that, if left unchecked, popular self-education will lead only to the forever-imminent tyranny of the majority. ‘Since the beginning of society’, notes Draper, ‘there has been no end of theories “proving” that tyranny is inevitable and that freedom-in-democracy is impossible; there is no more convenient ideology for a ruling class and its intellectual flunkies’, and ‘the only way of proving them false is in the struggle itself’.[64]

    5. If it is to persist, a political association must be disciplined and ‘indivisible’ as a matter of course.[65] Internal difference and debate within an organized association is one thing, factional divisions or schisms are another. Popular freedom persists as long as the people assert it. ‘In order that the social pact may not be an empty formula,’ as Rousseau’s notorious argument runs, ‘it tacitly includes the commitment, which alone can give force to the others, that anyone who refuses to obey the general will shall be compelled to do so by the entire body; this means nothing else than that he will be forced to be free.’ Preservation of public freedom, in Robespierre’s arresting phrase, requires acknowledgement of the ‘despotism of truth’. Collective freedom will endure, in short, only so long as the people can defend themselves against division and deception. ‘The general will is always in the right and always tends toward the public utility, but it does not follow that the decisions of the people are always equally correct.… The people is never corrupted but it is often deceived, and it is only then that it appears to will what is bad.’[66] ‘Virtue’ is the name that Rousseau and the Jacobins gave to the practices required to defend a general will against deception and division. To practise virtue is to privilege collective over particular interests, and to ensure that society is governed ‘solely on the basis of the common interest.… Each person is virtuous when his private will conforms totally to the general will.’ If then ‘we wish the general will to be accomplished’ we need simply to ‘make all the private wills agree with it, or in other words …: make virtue reign.’[67]

    The French revolutionaries took Rousseau’s advice to heart. If Robespierre prevailed over the course of 1793 it’s because he understood most clearly why (as he put it in a private notebook) ‘we need a single will, ONE will [une volonté UNE]’. If this will is to be republican rather than royalist then ‘we need republican Ministers, republican newspapers, republican deputies, a republican constitution.’ And since domestic resistance to such republicanization of the public space ‘comes from the bourgeois’ so then ‘TO DEFEAT THE BOURGEOIS we must RALLY THE PEOPLE.’[68] Across the distance that links and separates Marx from Robespierre we move from popular insurgency to the ‘dictatorship of the proletariat’. But what does recourse to such dictatorship imply, other than ‘the truism that a cohesive popular will would be overwhelming in a truly democratic state’?[69] The basic strategic principle was once again anticipated at the limits of Jacobin practice. The ‘first and crucial step’ towards a more equal distribution of resources and opportunities, Babeuf knew, was ‘the achievement of a truly effective democracy through which the people’s will could be expressed.’ Having witnessed the fate of Robespierre and Saint-Just, however, in the autumn of 1794 Babeuf takes the initial steps down a path that Communist militants would explore for the next century and a half. Since ‘the undifferentiated mass of the people’ could not be relied upon on its own to sustain the revolution in the face of their enemies, so then the partisans who seek to continue the revolution must first consolidate, through the mediation of popular societies and associations, more disciplined and coherent forms of political organization.[70]

    6. The practical exercise of will only proceeds, as a matter of course, in the face of resistance. To will is always to continue to will, in the face of difficulty or constraint. To continue or not to continue – this is the essential choice at stake in any militant ethics.[71] Either you will and do something, or you do not. Even as it discovers the variety of ways of doing or not-doing, these are the alternatives a political will must confront: yes or no, for or against, continue or stop, where ‘to stop before the end is to perish’.[72] A (temporary) survivor of Thermidor, Babeuf knew all too well that ‘the organization of real equality will not at first please everyone.’ In so far as ‘the aim of the Revolution is to destroy inequality and re-establish the common welfare’, so then ‘the Revolution is not finished’ so long as the rich dominate the poor.[73] Then as now, the revolution divides those who seek to terminate it from those who resolve to continue it.

    As usual, Sieyès anticipates the essential logic of the antagonism that would inform the Jacobin political sequence: ‘a privileged class is harmful … simply because it exists.’[74] And, as usual, Robespierre ups the ante: since the rich and the tyrants who protect them are by nature ‘the lash of the people’, so then the people who dare to overthrow tyranny ‘have only one way to escape the vengeance of kings: victory. Vanquish them or perish; these are your only choices.’ In the speeches that decided the fate of his own king, Saint-Just relied on the same logic. The king qua king is an ‘enemy stranger in our midst’, who ‘must reign or die’; if the ‘king is innocent the people are guilty’.[75] If for the Jacobins of 1793 ‘terror’ comes to figure as the complement to ‘virtue’, it is above all as a consequence of their determination to overcome the resistance of kings and the rich. ‘One leads the people by reason’, as Robespierre explained in February 1794, and the enemies of the people by terror…. If the mainspring of popular government in peacetime is virtue, the mainspring of popular government during a revolution is both virtue and terror; virtue, without which terror is baneful; terror, without which virtue is powerless. Terror is nothing more than speedy, severe, and inflexible justice; it is thus an emanation of virtue; it is less a principle in itself than a consequence of the general principle of democracy, applied to the most pressing needs of the patrie.[76] The reasons why the Jacobin terror continues to terrify our political establishment, in a way that the far more bloody repression of the 1871 Commune does not, has nothing to do with the actual amount of violence involved. From the perspective of what is already established, notes Saint-Just, ‘that which produces the general good is always terrible’. Terror in the Jacobin (as opposed to Thermidorian) sense is the deployment of whatever force is required to overcome those particular interests that seek to undermine or disempower the collective interest. The Jacobin terror was more defensive than aggressive, more a matter of restraining than of unleashing popular violence. ‘Let us be terrible’, Danton said, ‘so that the people need not be.’[77] The need for more limited but no less resilient forms of self-defence has been experienced more recently, in different ways but with similar outcomes, by political militants in the shanty towns of Port-au-Prince and Johannesburg, in the villages of the Altiplano, and in the refugee camps of Gaza and Lebanon.

    7. By the same token, the practical exercise of will distinguishes itself from mere wish or fantasy through its capacity to initiate a process of genuine ‘realization’. [78] ‘The will always wills to do something’, notes Arendt, and ‘thus holds in contempt sheer thinking, whose whole activity depends on “doing nothing.”’[79] As the polysemy of its English usage suggests, a will orients itself in line with the future it pursues. Even Kant could see that in so far as we will its achievement, the ‘mere yet practical idea’ of a moral world ‘really can and should have its influence on the sensible world, in order to make it agree as far as possible with this idea’.[80] Kant’s Jacobin contemporaries anticipated, in their own practice, the implication that post-Kantian philosophy would soon develop in theory. Only suitable republican institutions and educational practices, wrote Saint-Just, can serve to ‘guarantee public liberty’ and enhance public virtue. ‘We have turned into imposing realities’, Robespierre proudly declared, ‘the laws of eternal justice that were contemptuously called the dreams of humanitarians. Morality was once confined to the books of philosophers; we have put it into the government of nations.’[81]

    Political will persists, then, to the degree that it perseveres in its material realization or actualization. After Fichte, Hegel complements the voluntarist trajectory initiated by Rousseau and Kant, and opens the door to Marx, when he identifies a free collective will – a will that wills and realizes its own emancipation – as the animating principle of a concrete political association. Thus conceived, the will is nothing other than ‘thinking translating itself into existence…. The activity of the will consists in cancelling and over coming [aufzuheben] the contradiction between subjectivity and objectivity and in translating its ends from their subjective determination into an objective one.’[82] After Hegel, Marx will expand the material dimension of such concrete determination, without ever abandoning the idea that what is ultimately determinant is not given economic or historical constraints but free human action – the ability of ‘each single individual’ to prescribe their own ends and make their own history.[83] Along the same lines, after Lenin and Gramsci, the partisans of ‘dual power’ seek to build, step by step, the grassroots institutions of ‘a social framework responsive to the actual will of the people’.[84]

    8. Realization of the will of (the) people is oriented towards the universalization of its consequences. As Beauvoir understood better than Sartre, I can only will my own freedom by willing the freedom of all; the only subject that can sustain the work of unending self-emancipation is the people as such, humanity as a whole. Kant, Hegel and Marx take some of the steps required to move from Rousseau’s parochial conception of a people to its universal affirmation, but the outcome was again anticipated by Jacobin practice: ‘the country of a free people is open to all the people on earth’, and the only ‘legitimate sovereign of the earth is the human race.… The interest, the will of the people, is that of humanity.’[85]

    9. The will of the people, however, is not an absolute. The process of ‘thinking translating itself into existence’ cannot be understood in a literally Fichtean or Hegelian sense. To absolutize the will is also to ‘de-voluntarize’ it. Self-determination operates within the constraints of its situation, and the freeing that is a free will is a relative and relational process.[86] To move in this context from thought to existence is simply to determine, step by step, the consequences of a popular will. Participation in the process which empowers a collective capacity is a practical and political rather than an ontological process. It prescribes what people may choose to do, not what they are.

    10. A final consequence follows from this insistence on the primacy of political will: voluntary servitude, from this perspective, is more damaging than external domination. If the will is ‘determinant in the first instance’ then the most far-reaching forms of oppression involve the collusion of the oppressed. This is the point anticipated by Etienne La Boétie, and then radicalized in different ways by DuBois, Fanon and Aristide (and also Foucault, Deleuze and Žižek): in the end it is the people who empower their oppressors, who can harm them ‘only to the extent to which they are willing to put up with them’.p[87] It wouldn’t be hard to write a history of the twentieth century, of course, in such a way as to illustrate the apparent futility of political will. The failure of German communism in the 1920s, the failure of ‘Soviet man’ in the 1930s, the failure of anti-colonial liberation movements in the 1950s and 1960s, the failure of Maoism, the failure of 1968, the failure of anti-war and anti-globalization protests – all these seeming failures might seem to demonstrate one and the same basic point: the diffuse, systemic and hence insurmountable nature of contemporary capitalism, and of the forms of state and disciplinary power which accompany it.

    Such a distorted history, in my opinion, would amount to little more than a rationalization of the defeats suffered in the last quarter of the twentieth century. In the late 1940s Beauvoir already bemoaned our tendency to ‘think that we are not the master of our destiny; we no longer hope to help make history, we are resigned to submitting to it.’[88] By the late 1970s such complaint, revalorized as celebration, had become the stuff of a growing consensus. This consensus has now been dominant, in both politics and philosophy, for more than thirty disastrous years. It’s time to leave it behind.

    Notes

    This article is a preliminary overview of an ongoing project. Fragments of the material presented here were first discussed in lectures at the universities of York (October 2006), Nottingham (February 2007), Cornell (April 2007), California at Irvine (November 2007), Kent (March 2008) and London (March 2009). I am grateful, for detailed comments on a rough draft, to Bruno Bosteels, Alberto Toscano, Adrian Johnston, Peter Kapos, Christian Kerslake, Nathan Brown, Tracy McNulty, Frank Ruda, Alex Williams and Richard Pithouse.

    Notes

    This article is a preliminary overview of an ongoing project. Fragments of the material presented here were first discussed in lectures at the universities of York (October 2006), Nottingham (February 2007), Cornell (April 2007), California at Irvine (November 2007), Kent (March 2008) and London (March 2009). I am grateful, for detailed comments on a rough draft, to Bruno Bosteels, Alberto Toscano, Adrian Johnston, Peter Kapos, Christian Kerslake, Nathan Brown, Tracy McNulty, Frank Ruda, Alex Williams and Richard Pithouse.

    1. Antonio Machado, ‘Proverbios y Cantares – XXIX’, 1912, in Selected Poems of Antonio Machado, trans. Betty Jean Craige, Louisiana State University Press, Baton Rouge, 1978.

    2. Karl Marx, The Poverty of Philosophy (1847), Foreign Languages Press, Beijing, 1966, p. 109; cf. Peter Hallward, ‘What’s the Point: First Notes Towards a Philosophy of Determination’, in Rachel Moffat and Eugene de Klerk, eds, Material Worlds, Cambridge Scholars Publishing, Cambridge, 2007, pp. 148–58.

    3. See in particular Sophie Wahnich, La Liberté ou la mort: Essai sur la terreur et le terrorisme, La Fabrique, Paris, 2003; Wahnich, La Longue Patience du peuple: 1792, la naissance de la République, Payot, Paris, 2008; Florence Gauthier, ‘The French Revolution: Revolution and the Rights of Man and the Citizen’, in 27 Michael Haynes and Jim Wolfreys, eds, History and Revolution: Refuting Revisionism, Verso, London, 2007. As for the American revolution, Robespierre was quick to see that it was ‘founded on the aristocracy of riches’ (Maximilien Robespierre, OEuvres complètes, ed. Eugène Déprez et al., Société des Études Robespierristes, Paris, 1910–1967, V, p. 17).

    4. Cf. Nick Nesbitt, Universal Emancipation: The Haitian Revolution and the Radical Enlightenment, University of Virginia Press, Charlottesville, 2008; Peter Hallward, ‘Haitian Inspiration: Notes on the Bicentenary of Independence’, Radical Philosophy 123, January 2004, pp. 2–7.

    5. Robespierre, OEuvres, IX, pp. 487–8; Thomas Jefferson, letter to Henry Lee 1824, in The Writings of Thomas Jefferson, ed. Andrew Lipscomb and Albert Bergh, Thomas Jefferson Memorial Association, Washington DC, 1903–04, XVI, p. 73; Jefferson, letter to John Taylor 1816, ibid., XV, p. 23.

    6. ‘There can be no pacified conception of the voluntary act’ (Badiou, ‘La Volonté: Cours d’agrégation’, 17 October 2002, notes taken by François Nicolas, www. entretemps.asso.fr/Badiou/02–03.2.htm; I’m grateful to Adrian Johnston for drawing my attention to these lecture notes).

    7. More substantial studies which cover some of this ground include Patrick Riley, Will and Political Legitimacy, Harvard University Press, Cambridge MA, 1982; Patrick Riley, The General Will before Rousseau, Princeton University Press, Princeton NJ, 1986; Andrew Levine, The General Will, Cambridge University Press, Cambridge, 1993; John H. Smith, Dialectics of the Will, Detroit, Wayne State University Press, 2000.

    8. Marx, ‘Rules and Administrative Regulations of the International Workingmen’s Association’ (1867), in Collected Works of Marx and Engels, Lawrence & Wishart, London, 1975–2005, XX, p. 441; cf. Hal Draper, ‘The Two Souls of Socialism’, 1966, §1, www.marxists.org/ archive/draper/1966/twosouls/index.htm; Draper, ‘The Principle of Self-Emancipation in Marx and Engels’, 1971, www.marxists.org/archive/draper/1971/xx/emancipation. html.

    9. Ben Fine and Alfredo Saad-Filho, Marx’s Capital, Pluto, London, pp. 11–12; Jean-Paul Sartre, Search for a Method, trans. Hazel Barnes, Vintage, New York, 1968, p. 89.

    10. Adrian Johnston, Tracy McNulty, Alenka Zupan?i?, Ken Reinhard, letters to the author, 2007–09; Slavoj Žižek, ‘To Begin from the Beginning Over and Over Again’, paper delivered at ‘The Idea of Communism’ conference, Birkbeck, University of London, 15 March 2009; cf. Johnston, Žižek’s Ontology, Northwestern University Press, Evanston IL, 2008, p. 102.

    11. Karl Marx, Capital Volume I, trans. David Fernbach, Penguin, London, 1976, p. 929; cf. Karl Marx, Civil War in France, Foreign Languages Press, Beijing, 1977, pp. 75–6.

    12. Marx, Capital Volume III, ch. 48, www.marxists.org/ archive/marx/works/1894–c3/ch48.htm; cf. Karl Marx, Grundrisse, trans. Martin Nicolaus, Penguin, London, 1973, pp. 611, 705–6.

    13. Antonio Gramsci, ‘Study of Philosophy’, Selections from the Prison Notebooks, ed. and trans. Quintin Hoare and Geoffrey Nowell Smith, Lawrence & Wishart, London, 1971, p. 345; cf. Gramsci, ‘The Modern Prince’, in Selections from Prison Notebooks, pp. 125–33, 171–2.

    14. Georg Lukács, ‘What is Orthodox Marxism?’, Political Writings 1919–1929, ed. Rodney Livingstone, trans. Michael McColgan, NLB, London, 1972, pp. 26–7; cf. Lukács, History and Class Consciousness, trans. Rodney Livingstone, Merlin Press, London, 1971, pp. 23, 145, 181.

    15. Sartre, Search for a Method, p. 91; Sartre, ‘Itinerary of a Thought’, New Left Review 58, November 1969, p. 45.

    16. Friedrich Nietzsche, The Will to Power, ed. Walter Kaufmann, Vintage, New York, 1968, §488, cf. §666; cf. Nietzsche, Genealogy of Morals I §13, in Basic Writings of Nietzsche, ed. Walter Kaufmann, Modern Library, New York, 2000, p. 481; Twilight of the Idols, trans. R.J. Hollingdale, Penguin, London, 1968, p. 53.

    17. Martin Heidegger, Discourse on Thinking, Harper & Row, New York, 1969, p. 59; cf. John Caputo, The Mystical Element in Heidegger’s Thought, New York, Fordham University Press, 1986, p. 177; Bret Davis, Heidegger and the Will: On the Way to Gelassenheit, Northwestern University Press, Chicago, 2007.

    18. Hannah Arendt, On Revolution, Penguin, London, 1990, p. 225; cf. pp. 156–157, 291 n24.

    19. Michel Foucault, Discipline and Punish, trans. Alan Sheridan, Pantheon Books, New York, 1977, p. 169.

    20. Michel Foucault, ‘What is Critique?’, in The Politics of Truth, ed. Sylvère Lotringer and Lysa Hochroth, Semiotext(e), New York, 1997, p. 32; Foucault, Michel Foucault, Psychiatric Power, trans. Graham Burchell, Palgrave, New York, 2006, pp. 11, 27–8, 339; cf. Foucault, Abnormal, trans. Graham Burchell, New York, Picador, 2003, pp. 120, 157–8; Foucault, ‘Truth and Juridical Forms’, Essential Works III: Power, ed. James D. Faubion, New York, New Press, 2000, p. 25.

    21. Jean-Paul Sartre, Being and Nothingness (1943), trans. Hazel Barnes, Routledge Classics, London, 2003, pp. 585–6; pp. 472, 479.

    22. Alain Badiou, ‘La Volonté’, 13 March 2003.

    23. Jean-Jacques Rousseau, Émile, ou De l’éducation, Institute for Learning Technologies online edition, http:// projects.ilt.columbia.edu/pedagogies/rousseau/contents2. html, §1008; Rousseau, Première version du Contrat social, in Political Writings, ed. Charles Vaughan, Wiley, New York, 1962, I, p. 499.

    24. Robespierre, OEuvres, IX, p. 310; Emmanuel Joseph Sieyès, Views of the Executive Means Available to the Representatives of France in 1789 [1789], in Sieyès, Political Writings, ed. and trans. Michael Sonenscher, Hackett, Indianapolis, 2003, p. 10.

    25. Cf. Hannah Arendt, Willing, in The Life of the Mind, Harcourt, New York, 1978, II, pp. 6–7.

    26. Niccolò Machiavelli, Discourses, trans. Harvey C. Mansfield and Nathan Tarcov, Penguin, London, 1983, 2:24, 3:5; cf. 1:16, 1:32; Niccolò Machiavelli, The Prince, trans. George Bull, Penguin, London, 2004, ch. 9.

    27. Sartre, Being and Nothingness, p. 501.

    28. Augustine, On Free Choice of the Will, trans. Thomas Williams, Hackett, Indianapolis, 1993, pp. 76–7; cf. Duns Scotus, ‘The Existence of God’, in Philosophical Writings, trans. Allan Wolter, Hackett, Indianapolis, 1987, 54–6.

    29. René Descartes, Letter to Père Mesland, 9 February 1645, in John Cottingham et al., eds, Philosophical Writings of Descartes, Cambridge University Press, Cambridge, 1984, III, 246; Descartes, Meditations IV, ibid., II, 39–40; Sixth Set of Replies, ibid., II, 291; Principles of Philosophy, ibid., I, §35, §37. 28

    30. Immanuel Kant, Groundwork of the Metaphysics of Morals, in his Practical Philosophy, ed. and trans. Mary Mc- Gregor, Cambridge, Cambridge University Press, 1996 (references to Kant use the standard German pagination), pp. 4:461, 4:446; cf. Kant, Critique of Practical Reason, in Practical Philosophy, p. 5:15; Kant, Metaphysics of Morals, in Practical Philosophy, p. 6:392. In his 1930 lectures on Kant’s practical philosophy, Heidegger emphasizes this point – ‘to give this priority in everything, to will the ought of pure willing’ (Heidegger, Essence of Human Freedom, trans. Ted Sadler, Continuum, London, 2002, p. 201).

    31. Immanuel Kant, Critique of Pure Reason, ed. and trans. Paul Guyer and Allen Wood, Cambridge University Press, Cambridge, 1997, pp. A318–9/B375.

    32. Immanuel Kant, ‘The Contest of the Faculties’, in Kant’s Political Writings, ed. Hans Reiss, Cambridge University Press, Cambridge, 1970, p. 181; cf. Kant, ‘Toward Perpetual Peace’, in Practical Philosophy, p. 8:351.

    33. Alan Badiou, ‘La Volonté’, bilan de septembre 2003.

    34. Cf. Patrick Riley, ‘Rousseau’s General Will’, in Riley, ed., Cambridge Companion to Rousseau, Cambridge University Press, Cambridge, 2001, pp. 124, 127; Judith Shklar, Men and Citizens, Cambridge University Press, Cambridge, 1969, p. 184.

    35. Jean-Jacques Rousseau, Première Version, in Political Writings, ed. Vaughan, I, p. 472.

    36. Rousseau, Social Contract 4:2, 1:6. In Sartre’s Critique of Dialectical Reason, which in many ways might be read as an extended consideration of the process whereby a general will takes shape and dissolves, this moment of association is confirmed by a collective ‘pledge’ (Jean-Paul Sartre, Critique of Dialectical Reason, trans. Alan Sheridan-Smith, Verso, London, 2004, p. 417).

    37. Rousseau, Social Contract 2:4; Rousseau, ‘Discourse on Political Economy’, in Rousseau’s Political Writings, p. 66.

    38. Rousseau, Émile, §24; Social Contract 2:7; cf. Riley, The General Will before Rousseau, pp. 182–97, 257.

    39. Rousseau, Social Contract 4:2; cf. Emmanuel-Joseph Sieyès, Views of the Executive Means Available to the Representatives of France in 1789, in Sieyès, Political Writings, p. 11; Louis-Antoine de Saint-Just, OEuvres complètes, ed. Anne Kupiec and Miguel Abensour, Gallimard, Paris, 2004, p. 482.

    40. Jean-Bertrand Aristide, cited in J.P. Slavin, ‘Haiti: The Elite’s Revenge’, NACLA Report on the Americas, vol. 25, no. 3, December 1991, p. 6.

    41. Rousseau, ‘Discourse on Political Economy’, p. 66; Social Contract 2:3; Rousseau, Social Contract 1:7, translation modified.

    42. Emmanuel-Joseph Sieyès, What is the Third Estate? [1789], in Sieyès, Political Writings, pp. 134, 136–8. As Thomas Paine would argue, against Burke, ‘the right of a Parliament is only a right in trust, a right by delegation, and that but from a very small part of the Nation, … but the right of the Nation is an original right …, and everything must conform to its general will’ (Thomas Paine, Rights of Man, in Paine, Political Writings, ed. Bruce Kuklick, Cambridge University Press, Cambridge, 2000, p. 131).

    43. Saint-Just, OEuvres complètes, p. 547.

    44. See Marx and Engels, ‘Les Conspirateurs, par A. Chenu’ (1850), online at www.marxists.org/archive/ marx/works/1850/03/chenu.htm; Marx, ‘Meeting of the Central Authority, September 15, 1850’, in Collected Works of Marx and Engels, X, pp. 625–9; Engels, ‘Introduction,’ in Marx, Civil War in France, p. 14.

    45. Lenin, ‘The Conference Summed Up’ (7 May 1906), www.marxists.org/archive/lenin/works/1906/may/07. htm; cf. Draper, ‘The Myth of Lenin’s “Concept of The Party”’, 1990, www.marxists.org/archive/draper/1990/ myth/myth.htm.

    46. ‘Experience proves,’ adds Fanon, ‘that the important thing is not that three hundred people form a plan and decide upon carrying it out, but that the whole people plan and decide even if takes them twice or three times as long’ (Frantz Fanon, The Wretched of the Earth, trans. Constance Farrington, Grove Weidenfeld, New York, 1968, pp. 155–6; cf. pp. 198, 204–5; cf. Jane Anna Gordon, ‘Of Legitimation and the General Will: Creolizing Rousseau through Frantz Fanon’, The C.L.R. James Journal: A Review of Caribbean Ideas, vol. 14, no. 1, forthcoming).

    47. Rousseau, Social Contract 2:3. Here is the crux of the difference, often noted, between Rousseau’s volonté général and Montesquieu’s esprit général. Occasions for the self-determination of the former arise when the collapse or exhaustion of existing social relations give the people an opportunity to assert a new and deliberate beginning. The latter, by contrast, emerges through the combination of the ‘many things that govern people: climate, religion, the laws, the maxims of the government, examples of past things, mores, and manners’ (Charles Montesquieu, The Spirit of Laws, trans. Anne M. Cohler et al., Cambridge University Press, Cambridge, 1989, 19:4). Since a general spirit is largely the product of its environment and the ‘organically’ established order of things, Montesquieu’s philosophy recommends, in anticipation of Burke and de Maistre, that ‘we should accommodate ourselves to this life and not try to force it into patterns of our own devising’ (Montesquieu, The Spirit of Laws, 1:2; Norman Hampson, Will and Circumstance: Montesquieu, Rousseau, and the French Revolution, Duckworth, London, 1983, p. 9).

    48. Jefferson, letter to William Smith, 13 November 1787, in Michael Hardt, ed., Jefferson, The Declaration of Independence, Verso, London, 2007, p. 35. 49. Lukács, History and Class Consciousness, p. 205; Jean- Paul Sartre, The Communists and Peace, trans. Martha Fletcher, Braziller, New York, 1968, p. 89.

    50. Rousseau, Social Contract 2.1; cf. 3:15.

    51. ‘The State does not presuppose the “people” of which it would be the product or the serving delegate, on the contrary it is the state which institutes the represented as political subject, through the permanent dispossession of its capacity to act politically in the first person’ (André Tosel, Études sur Marx, et Engels, Kimé, Paris, 1996, p. 71). Hence the limitation of Laclau’s recent reconceptualization of populism. Since Laclau conceives of the ‘construction of a people’ not in terms of power, unity and will but in terms of heterogeneity, difference and language, he conceives of any popular ‘articulation of a chain of equivalences’ first and foremost in terms of representation. For Laclau, arguing against Rousseau, ‘the main difficulty with classical theories of political representation is that most of them conceived the will of the “people” as something that was constituted before representation’, rather than through it (Ernesto Laclau, On Populist Reason, Verso, London, 2005, pp. 163–4).

    52. Karl Marx, The Eighteenth Brumaire of Louis Bonaparte, Foreign Languages Press, Beijing, 1978, p. 59; 29 Marx, The Civil War in France, p. 74.

    53. Paulo Freire, Pedagogy of the Oppressed, trans. Myra Ramos, Penguin, London, 1996, p. 50.

    54. Cited in Arthur Jordan, ‘John Brown’s Raid on Harper’s Ferry’, International Socialist Review, vol 21, no. 1, 1960, www.marxists.org/history/etol/newspape/isr/vol 21/no01/jordan.htm. ‘The general will, to be truly so, must be general in its object as well as in its essence; it must come from all to be applied to all’ (Rousseau, Social Contract 2:4).

    55. Che Guevara, ‘The Marxist-Leninist Party’, in Che: Selected Works of Ernesto Guevara, ed. Rolando E. Bonachea and Nelson P. Valdes, MIT Press, Cambridge MA, 1969, pp. 104–6.

    56. S’bu Zikode, ‘The Burning Issue of Land and Housing’, 28 August 2008, www.diakonia.org.za/index. php?option=com_content&task=view&id=129&Itemid =54.

    57. A version of this assumption informs Simon Critchley’s recent work. Since we cannot prescribe our own ends, in order to overcome our ‘motivational deficit’ we must accept a ‘heteronomous’ motivation imposed from the other or the outside, an other that is infinitely ‘higher’, i.e. holier, than us. Responsibility to such a transcendent or infinite demand exceeds all merely autonomous freedom (Critchley, Infinitely Demanding, Verso, London, 2007, pp. 56–7). The tactical corollary of such piety is a deflating, ‘self-undermining’ frivolity: the sacred majesty of the other demands of the self ‘not Promethean authenticity but laughable inauthenticity’ (pp. 124, 82).

    58. How far we are actually or ‘objectively’ free, Kant insists, ‘is a merely speculative question, which we can leave aside so long as we are considering what ought or ought not to be done’ (Immanuel Kant, Critique of Pure Reason, A801–4/B829–32; cf. Groundwork, 447–50). Rousseau again anticipates the point: ‘I will to act, and I act …. The will is known to me by its acts, not by its nature’ (Émile, §983).

    59. Simone de Beauvoir, Ethics of Ambiguity, trans. Bernard Frechtman, Citadel Press, New York, 1976, pp. 24–5, 130–31.

    60. Robespierre, quoted in David Jordan, The Revolutionary Career of Maximilien Robespierre, Free Press, New York, 1985, p. 231. Psychoanalysis allows us to recognize, Badiou notes, that the will ‘isn’t necessarily transparent to itself’ (Badiou, ‘La Volonté’, 13 March 2003).

    61. Rousseau, Social Contract 2:7.

    62. Robespierre, OEuvres, V, pp. 19–20; Marx, Theses on Feuerbach §3, www.marxists.org/archive/marx/works/ 1845/theses/index.htm.

    63. Hardt, ‘Introduction’, in Jefferson, The Declaration of Independence, xix–xx; cf. Hallward, ‘Rancière and the Subversion of Mastery’, Paragraph, vol. 28, no. 1, 2005, pp. 26–45.

    64. Draper, ‘Two Souls’, §10.

    65. ‘For the same reason that sovereignty is inalienable, it is indivisible, for the will is general, or it is not’ (Rousseau, Social Contract 2:2; cf. Robespierre, OEuvres, VII, p. 268).

    66. Rousseau, Social Contract 1:7; Robespierre, OEuvres, IX, 83–84; Rousseau, Social Contract 2.3.

    67. Rousseau, Social Contract 2.1; ‘Discourse on Political Economy’, pp. 69, 67, translation modified.

    68. Robespierre, notes written in early June 1793, in J.M. Thompson, Robespierre, Blackwell, Oxford, 1935, II, pp. 33–4.

    69. Thomas Sowell, ‘Karl Marx and the Freedom of the Individual’, Ethics, vol. 73, no. 2, 1963, p. 119; cf. Draper, The ‘Dictatorship of the Proletariat’ from Marx to Lenin, Monthly Review Press, New York, 1987, ch. 1.

    70. R.B. Rose, Gracchus Babeuf: The First Revolutionary Communist, Stanford University Press, Stanford, 1978, p. 104, pp. 167–9.

    71. Cf. Beauvoir, Ethics of Ambiguity, pp. 27–8; Alain Badiou, Ethics, trans. Peter Hallward, Verso, London, 2001, pp. 52, 91.

    72. Robespierre, OEuvres, X, p. 572.

    73. Babeuf, Manifesto of the Equals, 1796, www.marxists. org/history/france/revolution/conspiracy-equals/1796/ manifesto.htm; ‘Analysis of the Doctrine of Babeuf’, 1796, article 10, www.marxists.org/history/france/revolution/ conspiracy-equals/1797/placard.htm; ‘Babeuf’s Defense’, February-May 1797, www.historyguide.org/ intellect/defense.html.

    74. Sieyès, What is the Third Estate?, in Sieyès, Political Writings, p. 157; cf. Fanon, Wretched, p. 200.

    75. Robespierre, OEuvres, VI, p. 625; V, p. 61; Saint-Just, OEuvres, pp. 479, 512.

    76. Robespierre, OEuvres, X, pp. 356–7.

    77. Saint-Just, ‘Institutions républicaines’ (1794), in OEuvres, p. 1141; cf. Saint-Just, OEuvres, 659–60; Danton, 10 March 1793, cited in Wahnich, Liberté ou la mort, p. 62. In his notorious ‘Adam and Eve letter’, Jefferson defended the initial phase of the Jacobin terror for the same reason. ‘The liberty of the whole earth was depending on the issue of the contest [ … , and] rather than it should have failed, I would have seen half the earth desolated’ (Jefferson, letter to William Short, 3 January 1793, in Hardt, ed., Jefferson, The Declaration of Independence, pp. 46–7).

    78. Cf. Sartre, Being and Nothingness, p. 505; Gramsci, ‘The Modern Prince’, in Selections from Prison Notebooks, p. 175 n75.

    79. Arendt, Willing, p. 37.

    80. Kant, Critique of Pure Reason, p. A808/B836; cf. Frederick Beiser, German Idealism: The Struggle against Subjectivism 1781–1801, Harvard University Press, Cambridge MA, 2002, pp. 279–80.

    81. Saint-Just, ‘Institutions républicaines’, in OEuvres, pp. 1088–89, 1135; Robespierre, OEuvres, X, p. 229.

    82. Hegel, Elements of the Philosophy of Philosophy of Right, trans. H.B. Nisbet, Cambridge University Press, Cambridge, 1991, §4A, §28, translation modified.

    83. Marx and Engels, The German Ideology 1A, www. marxists.org/archive/marx/works/1845/germanideology/ ch01a.htm#a3; cf. Marx, Capital, Volume I, p. 739.

    84. Brian A. Dominick, ‘An Introduction to Dual Power Strategy’, 1998, http://sandiego.indymedia.org/en/ 2002/09/2403.shtml; cf. Alberto Toscano, ‘Dual Power Revisited’, Soft Targets, vol. 2, no. 1, 2007, www.softtargetsjournal. com/v21/alberto_toscano.php.

    85. Saint-Just, OEuvres, p. 551; Robespierre, OEuvres, IX, p. 469; VII, p. 268.

    86. Badiou, ‘La Volonté’, 13 March 2003.

    87. Étienne La Boétie, The Discourse of Voluntary Servitude, trans. Harry Kurz, Columbia University Press, New York, 1942, www.constitution.org/la_boetie/serv_vol. htm, translation modified.

    88. Beauvoir, Ethics of Ambiguity, p. 139.

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    Abahlali baseMjondolo in England: Schedule of Events

    Abahlali baseMjondolo spokesperson Mnikelo Ndabankulu; General Secretary of the Abahlali Youth League, Zodwa Nsibande; and David Ntseng from the Church Land Programme, will be at the following events between 28 August and 5 September 2009

    Manchester

    Session On The Right to Stay Put with the Participatory Geographies Working Group at the Royal Geography Society Annual Conference
    When: Friday 28 and Saturday 29 August, 10.00-17.00
    Where: University of Manchester
    Info: http://autonomousgeographies.org/news/100/the-right-to-stay-put-aug-09
    Contact: autonomousgeographies [at] gmail.com

    London

    Climate Camp workshop with Corporate Watch – Olympics and World Cup
    When: Sunday 30 August 16.30-18.00
    Where: To be announced later due to security reasons
    Info: http://www.climatecamp.org.uk/actions/london-2009
    Contact: info[at]climatecamp.org.uk

    Talk and discussion on the New Wave of Popular Protest in South Africa at the School of Oriental and African Studies (SOAS) hosted by the Royal Africa Society and War on Want
    When: Wednesday 2 September 18.00-20.00
    Where: Khalili lecture theatre, SOAS
    Info: http://www.facebook.com/event.php?eid=124319588628
    Contact: WWillems [@] waronwant.org

    Benefit night at the Belgrade Road Social Centre, Dalston with Jally Kebba Susso, Kodjovi Kush, Jah Warrior and Bubble-Wap ft Isa GT
    When: Friday 4 September 18.00-02.00
    Where: The Belgrade Road Social Centre, Dalston
    Info: http://belgraderoad.wordpress.com/
    Contact: 2abelgraderoad [@] riseup.net

    Public meeting hosted by the London Coalition Against Poverty
    When: Saturday 5 September 3.00-5.30
    Where: Navarino Mansions Community Hall, Dalston Lane
    Info: http://www.lcap.org.uk 07932 241737
    Contact: londoncoalitionagainstpoverty [@] gmail.com

    For general information about this visit by Abahlali baseMjondolo to England please contact Matt Birkinshaw at matt.birkinshaw [@] googlemail.com. The schedule of meetings outside of these public events is already very tight but if you wish to arrange an interview or meeting with Abahlali baseMjondolo this may still be possible. Please contact Matt if you wish to try and set up a meeting or an interview.

    Notes on Gentrification for the Manchester Conference
    August 2009

    defining ourselves

    We are here as elected delegates of Abahlali baseMjondolo, the South African shackdwellers’ movement. We approach each challenge and opportunity from within our own ‘living politics’ which the President of our movement, S’bu Zikode has described as a politics that:

    starts from the places we have taken. We call it a living politics because it comes from the people and stays with the people. It is ours and it is part of our lives. … It is the politics of our lives. It is made at home with what we have and it is made for us and by us.
    Zikode, 2008.

    Throughout our struggles, we have found that others want to define us and they want to understand our struggle according their own definitions and projects. It is always necessary to resist this and to insist that we think and speak for ourselves. Without this discipline, our living politics would die .

    clarifying our thought and struggle in relation to ‘gentrification’

    We have discussed the issue that this conference will confront in a number of meetings and, last Saturday, in a camp (an all night meeting). We have concluded that the idea of ‘gentrification’ is not one that can really be said to be part of the living politics of Abahlali baseMjondolo. It is not a word that you will hear shackdwellers in South Africa using a lot (or at all really!) to describe their lives or to analyse their situation. This is not surprising since the term was developed in the 1960s by Northern analysts trying to explain certain patterns in the historical development of mostly Northern cities. We know that the word continues to be used, and that it is used quite widely by now. We know that the patterns and issues it deals with are definitely important for all of us who are thinking about cities and who are committed to people’s struggles for justice in cities all over the world. We are very clear that we fully support the struggle of the poor against the rich every where in the world – in Zimbabwe, in Haiti and also in England. But, from the perspective of the living politics of the shackdwellers of South Africa, we want to suggest that it might be more important to clarify some of the ways in which our struggle is not about gentrification – rather than trying to fit our story to match the theories and ideas developed elsewhere by others who do not know our story. This why we can really get to know each other and our struggles that are different in some ways and the same in other ways.

    pointing at the differences

    Although there are lots of debates about it, ‘gentrification’ usually describes the process where richer people move into neighbourhoods that had been settled by poorer people but which, for various reasons, have become attractive neighbourhoods for these new groups of richer people. On the surface, the results of this can look quite good – if you prefer the aesthetics of wealthy people and their neighbourhoods to those of poor people! Buildings get done up and repaired, new businesses spring up to service these interesting new elites with money to spend lounging about in coffee shops, art galleries or whatever. But below the surface, the results are usually disastrous for the poor. They may have lived in, and helped shape, the ‘edgy’ atmosphere so attractive to some of these new elites, and their inner-city housing may have quaint and historical appeal too – but the rising land, housing and rental costs invariably squeeze them out. So people are evicted by the market.

    What we must be clear on is that this is not the pattern that affects shackdwellers in South Africa. Our shack settlements, our homes and neighbourhoods, are under active threat of being demolished and destroyed by the state, and we are being forcibly removed. We are violently evicted by the police, anti-land invasion units and private security – including Group 4 Securicor from England. Rich people do not move in and renovate and refurbish our settlements! On the contrary they want to eradicate rather than upgrade our places. They want to make it look as though our settlements were never there. So it is perfectly clear that elites in our part of the world do not view our settlements as places that are somehow quaint, if a little run down. Their view is one of utter contempt, and that contempt extends beyond the way they talk about the places we live in – which they repeatedly describe as ‘slums’ and ‘hotbeds of criminality’ – to a hateful contempt for the people themselves. This is the dehumanising hatred and contempt we fight against. What we have demanded again and again is to be treated as human beings and citizens who can work with government to make improvements to our settlements on our own terms, so that we can remain in the places we live and make a decent life for the people who are there now.

    Often we face resistance to our struggle as shackdwellers from more middle-class people living near to shack settlements. These groups, often sharing the broad elite attitude to shacks and shackdwellers of fear and loathing, can mobilise elite and political opinion against what we can perhaps call the “de-gentrification” that takes place when we as poor people have occupied land and moved into areas reserved for the rich. It seems to be that the armed wing of the state, especially the police, as well as the party-political classes, are often very sympathetic to these middle-class voices and can join in this struggle to remove us.

    Of course, as the movement of shackdwellers, we do not claim to represent all of the struggles of all the poor. We are aware of the struggles that have had to be fought by people living in blocks of flats in the inner city of Johannesburg who face violent and frankly illegal evictions in a process that might be closer to ‘gentrification’. But even there, what is happening cannot be seen as some sort of ‘natural’ process arising from the movement and changes in different social groups of Johannesburg– it is a malicious and aggressive project of the local state, backed by big business, private security and the thinking of the World Bank.

    suggesting possible commonalities

    It does not surprise us to learn that, although the poor of other cities experience different patterns to ours, many of the results look more or less similar. It comes as no surprise that other cities also experience the process of elite projects trumping democratic ones; of rich and powerful people benefiting, and of the poor being pushed aside and right outside the cities. We, as Abahlali, have seen very clearly how our world is made to extract land and labour and life from the poor to benefit a small group of the rich and powerful. We have seen how, in practice, this has turned the idea of ‘development’ into a war against the poor; it has fertilised the elite fantasy idea of the ‘world class city’ where the poor have no place, no voice. We reject this in Durban and we reject this everywhere.

    We are therefore sure that we can find strength and solidarity with all other genuine and grassroots movements of poor people in cities all over the world, including those who organise and fight to resist gentrification’s pernicious effects on them. Where resistance and contestation of these processes by the poor becomes a common, popular and political project forged in the minds and hands of poor people themselves, there we know we will find true comrades in a living politics that asserts the right of everyone to the city. We will support this politics full force.

    We know too that gentrification is not only a threat against the long-established neighbourhoods of the poor. It is also a threat against spaces in the city that have been taken and appropriated by those who are not counted in the official order of things. Many young people in cities of the North who are called ‘squatters’ have already understood the importance of our own struggles in South Africa, and they have, like the Camberwell Social Centre, found important ways of being in solidarity with us as Abahlali. From their own experiences, they know a lot about evictions and the violence of the state that is unleashed against both them and us. Some of them have come to live and struggle with us for a while. They have been there when the police come to evict us, or when the fires race through our settlements. They are our comrades. We are talking about people like Antonios Vradis and Matt Birkinshaw.

    Our movement is a scandal for the rich and the state. Perhaps the biggest scandal of a movement like Abahlali baseMjondolo is our refusal to accept this place of having no place and our insistence that everyone counts – and that refusal is made every-time and every-where that people resist being pushed away and aside by the rich and powerful. We like this idea of the ‘right to say put’. We like it a lot.

    resisting gentrification of our struggle

    So there are differences and commonalities but we also can’t help wondering whether what we might call “resistance against the gentrification of our struggle” isn’t one of the most interesting conversations to have. What we mean is something like this:

    * though our struggle/s, we create new political spaces for contesting power;
    * this inevitably creates speculative interest from professional vanguardist ‘activists’ and ‘civil society’ looking for constituencies to populate their imagined fantasies of resistance and revolution;
    * they try by all means to invade and take over (often with offers of money) the space our struggle opened up and;
    * unless we sustain a living politics militantly resisting against this onslaught, the result looks very much like what the academics describe as the result of gentrification: namely;
    * the poor get moved out once again, but the quaint and edgy appeal of the spaces they created has a residual value for the professional activist class who occupy it through their superior access to various international currencies – sometimes quite literally, greater resources and money, but also other currencies of organisational and patronage networks, media and communication technology that can ‘represent’ people’s issues and struggles with no accountability to or insertion in the actual movements themselves that are the currency of ‘civil society’s’ claims to legitimacy, and relevance.

    This is why we said at the beginning:

    we have found that others want to define us and they want to understand our struggle according their own definitions and projects. It is always necessary to resist this and to insist that we think and speak for ourselves. Without this discipline, our living politics would die.

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    Abahlali baseMjondolo Attacked in eShowe by Councillor Warlords

    Tuesday, 18 August 2009
    Abahlali baseMjondolo Press Release

    Abahlali Leaders Narrowly Escape Assassination; Councillor Warlords Violently Disrupt Branch Launch in Tin Town, eShowe; Abahlali Members in Exile; Sex for Houses Corruption Allegations at Sunnydale Housing Project

    Breaking News: Warlords returned to Tin Town on 17 August with weapons, searching for two exiled Abahlali members

    A delegation of Abahlali baseMjondolo leaders from Durban narrowly escaped assassination this Sunday by local councillor warlords in Tin Town, Dinizulu township, eShowe.

    Abahlali have been receiving calls daily from Tin Town shack-dwellers, excluded from an uMlalazi municipality housing project called Sunnydale, constructed by Umpheme Development Ptd (Ltd). Tin Town shack-dwellers are now undergoing mass forced eviction and being left homeless. Evictions have been backed with threats by Ward 13 councillor warlords. These threats have included threats of necklacing, razing people’s homes, suffocation and starvation in the boot of cars.

    A number of women allege that the councillor has demanded sex in exchange for houses in the Sunnydale Housing Project. Those on good terms with the councillor have been first on the allocation list. It also is alleged that the councillor is inciting shacklords, living outside Tin Town, to eject renting shack-dwellers in exchange for the shacklords been given houses at the Sunnydale Project.

    On Sunday Abahlali baseMjondolo launched a new branch in the Tin Town settlement where more than 200 people have joined the movement. The launch of the new branch started with a prayer in an open field. But a warlord arrived in a car and without warning through the crowd of 200 people, at about 120kms/hr. The car was a white and cream Venture, registration number NES12624. People leapt from its path, scattering in terror.

    The warlord then jumped from the car, screaming, “Who organized this meeting? These are my people! This is my territory!” He manhandled a Tin Town resident, who answered, “We are here to learn about our rights as shack-dwellers.” Two more cars of warlords suddenly appeared, blocking the single exit and the Durban delegation’s vehicle.

    The Durban delegation, including Abahlali President S’bu Zikode and his 4-year-old child, were held hostage. The warlords debated whether to kill the delegation of 10 men, women and children, or to beat them bloody. The warlords assaulted a contributor from the community radio station Vibe FM, who is a member of Abahlali and who was acting as an MC for the launch.

    The warlords are reportedly cronies of councillor Reggie Ngema, Ward 13, uMlalazi municipality. Among the seven warlords issuing threats at the scene, one is the Community Liaison Officer (CLO) for Ward 13 named Xolani Biyela, and another is a local taxi boss known as Ntuthuko Dludla.

    After the National Administrator for Abahlali managed to, in secret, call the police, the warlords ordered the Durban delegation to go, saying: “never return, or you will be killed.” The delegation left Tin Town, while two unmarked cars followed closely behind. The delegation went to the eShowe police station to lay a complaint.

    Two members of Abahlali baseShowe, identified by the warlords as coordinators of the launch, were forced to flee Tin Town. They are now in exile, staying at an undisclosed location. While the Durban delegation waited in an eShowe restaurant to take the two members to safety, councillor Ngema’s car pulled into the parking lot.

    Abahlali have not seen a situation like this since the 80s, not in the 15 years since democracy.

    Apartheid was a time when people lived in fear of the authorities. Today, people are no longer oppressed. They must not live in fear, whether of traditional authorities, councillors, or any other leaders or their local thugs.

    Apartheid was a time when people went into exile. Today, people are no longer oppressed. They must not have to flee in exile for fear of their lives. This exile in eShowe is the second exile.

    Apartheid was a time when people were assassinated. Today, people are no longer oppressed. They must not face politically motivated murder, threats of murder, or violence.

    The people of Tin Town are living in fear, and are in fear to talk. The launch of Abahlali baseShowe was an attempt to come out of the silence they have lived for a very long time. People need to come out of this silence. In a democratic society, it is unacceptable that people cannot have political gatherings, talk and associate with each other.

    Abahlali do not want to believe that some government spheres ignore their call to protect their citizens against violations of human rights and dignity. We therefore ask government officials, especially the MEC for Human Settlements, to honour the proposed invitation for a consultative meeting with Abahlali, so that we can expose all evil activities that hinder development in our communities. The situation in eShowe looks calm, but is very volatile.

    Abahlali stand firm that this is a democratic country, a free country, and that everyone has a right to associate and hold meetings.

    All people, whether they live in a shack or a house, have a right to freely speak and express themselves.

    Contact:

    Zodwa, National Administrator for Abahlali 082 830 2707
    Mnikelo, Abahlali PRO 079 745 0653
    Abahlali National Head Office 031 269 1822

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    Cape Times: The Western Cape housing crisis can be solved

    http://www.capetimes.co.za/index.php?fArticleId=5121142

    an emergency effort is needed
    The Western Cape housing crisis can be solved

    August 12, 2009 Edition 1

    Martin Legassick

    It is good news that Tokyo Sexwale and Helen Zille have decided to bury the hatchet on the petty squabbling between the ANC and DA (largely, let it be said, initiated by the ANC) over the N2 Gateway project and land allocation in the province.

    The spat has hampered housing delivery in the province. We are now told “the three spheres of government are to sit around one table to decide on the future of the project.” (“Sexwale, Zille and city to decide on N2 Gateway,” August 10).

    But Sexwale, Zille, Dan Plato and their officials would be making a big mistake if they believed the future could be settled without involving beneficiary communities, through their representative committees, at the decision-making table.

    Unlike his predecessor as housing minister, Sexwale has at least already gone on walkabouts in N2 Gateway Phase 1 and the Joe Slovo informal settlement. But walk-abouts are not the same as meaningful involvement in decision-making.

    In the past “consultation” or “negotiation” meant for officials merely informing beneficiaries of dogmatically set plans without any intention of altering them.

    What needs to happen is that the past needs to be rectified and the future of N2 Gateway planned with the beneficiaries rather than over their heads.

    There is a crisis in housing nationally and in the Western Cape. In Cape Town alone, there is a backlog of 400 000 houses, which is increasing by 18-20 000 a year, with only 8-9 000 houses built a year.

    On that basis, the housing backlog will never disappear. It is time for some bold and imaginative thinking.

    Let us recall that the Auditor-General’s special report on N2 Gateway found:

    # Parliament still has not passed the legislation underlying the project, though it was started in 2004;

    # The business plan for the project was not finalised before the start and was not available for audit;

    # Sufficient land was not secured before the start;

    # There was non-compliance with the prescribed requirement of listing the proposed beneficiaries in the final business plan;

    # Documentation was not consistent on qualifying criteria for proposed beneficiaries, especially the monthly household income requirement;

    # Affordable housing was not provided in Phase 1 for the target market identified (Joe Slovo informal settlement residents);

    # There was considerable “fruitless and wasteful expenditure” on the project – Parliament’s Scopa estimates up to R2 billion;

    # The initial building consortium (Cyberia Technologies) was sixth on the tender evaluation list, its appointment was not properly authorised and it had no contract;

    # Thubelisha Homes was appointed in 2006 to replace Cyberia without proper tender procedures or a contract. (Thubelisha has since gone bankrupt, replaced by the National Housing Agency).

    Deficiencies in construction of the Phase 1 flats mentioned in the Auditor-General’s report include:

    # The certificate of completion for the building contract issued by the principal agent was issued erroneously;

    # Compliance with registration and inspection procedures identified in various regulations could not be verified;

    # Instances were identified where “as built” specifications did not comply with minimum specifications for social housing;

    # There were deviations from contract specifications;

    # The large public stormwater canal constituted a foul health hazard; and

    # Site inspections revealed numerous cracks in the walls and floors, peeling paint, doors that were not fitted properly, loose fittings, uncovered drain pipes and blocked drains.

    This amounts to a morass of officially committed illegality. The beneficiaries have borne the consequences and need redress.

    For example, residents in Phase 1 have held a rent boycott for two years because of the defective housing and higher rates than they had been told to expect.

    They are being asked to pay exorbitant rentals to make up for the cost overruns and corruption in the construction of the flats.

    This is unfair. Recent Thubelisha head Prince Xanthi Sigcau has claimed that residents in the area were aware of the rentals when they moved in. But they moved in during a period of the transition in management from Cyberia to Thubelisha – well before Sigcau appeared on the scene.

    The residents claim Cyberia announced a rental rise from R350-R500 to R650-R1 050 without explanation and pressured them to sign contracts without even reading them.

    Phase 1 residents should have their rentals reduced to a mutually agreeable, affordable level.

    There are reports that the management of Phase 1 is to be given to the Cape Town Community Housing Company (CTCHC), which since 1999 has been embroiled in complaints, about defective housing quality and exorbitant rentals, from tenants in nine villages.

    Moreover, why must CTCHC, with its appalling record, manage these flats? Why can’t the tenants assume co-operative management?

    In addition, why can’t some arrangement be made to transpose rents to reasonable bond payments, so that residents can eventually own their homes rather than rent for life?

    These ideas have been considered by the representative committee.

    They are the sort of ideas that Sexwale, Zille, Plato and their officials could consider implementing.

    The same applies to the residents of the Joe Slovo informal settlement, still under threat of forced removal to Delft, from which barely 12 percent of them will be able to return on the existing N2 Gateway plans.

    They are victims of the incompetence of Thubelisha.

    The Breaking New Ground housing policy, conceived in 2004, was supposed to break with apartheid-style city planning (blacks to the periphery) and practise upgrading in situ. Both provisions are being violated in the case of the residents of Joe Slovo.

    Two things need to be considered here – firstly, finding land in Langa, where they can be placed temporarily rather than in Delft (originally, in 2004/5 sites were identified in Langa/Epping but business owners threatened court action.

    These owners could be persuaded otherwise by Sexwale and Zille.

    Secondly. higher-density housing – even if this involves, as Plato has suggested, buildings that rise over several storeys.

    Medium-density housing is being considered in other townships.

    Both ideas have been considered by the representative committee in Joe Slovo, and they need to be brought into the planning process.

    The failures of N2 Gateway are largely of an ANC government (the DA was excluded from N2 Gateway shortly after taking office in the City of Cape Town). But both the DA and the ANC need to reconsider their housing policies.

    The occupation of N2 Gateway housing by Delft back yarders in December 2007 and the recent occupations of vacant municipal land in Macassar, Kraaifontein and elsewhere by equally desperate back yarders stems from the housing crisis in the city – with the backlog increasing every year.

    The city is again threatening to evict Delft back yarders from the shacks they have built on Symphony Way, just as it tore down the shacks of the Macassar occupants – an illegal act, covered up by the city applying resources superior to those of the residents.

    The Delft back yarders are all eligible for N2 Gateway houses, but when they submitted their applications Thubelisha lost them.

    They engaged in a protest at a handover of N2 Gateway homes and Sigcau promised to deliver new forms but never did so. Now the city wants to condemn them to the prison-like temporary relocation area in Blikkiesdorp.

    The ANC may be imagining, in vain, that all informal settlements can be eliminated by 2014. It is equally foolish for the DA to try to implement a policy of zero tolerance for land occupations.

    Until sufficient housing can be provided, space must be allowed for the swelling urban population to build shacks on vacant land.

    It is incumbent on public bodies to provide such space. Otherwise the city will face overcrowding, resulting in more crime, drug abuse, and the abuse of women and children – all of which are against the policies of the DA and ANC.

    And while Sexwale, Zille, Plato and their officials are reconsidering housing policy – in conjunction with the beneficiaries of N2 Gateway and others – they might consider something else. 475 000 jobs have been lost this year due to the recession, adding to the more than 30 percent unemployment rate (including those discouraged from seeking work.)

    Why not organise, through an expanded public works programme, emergency training for the unemployed (many have inadequate homes) men and women in bricklaying, carpentry, plumbing and so on so that they can be employed to build the much-needed houses?

    Cosatu should put its weight behind such a plan.

    The current housing budget is only 1.5 percent of GDP as opposed to the developing country norm of 5-6 percent.

    With an emergency effort, spearheaded by the presidency, resourced through the treasury (Zuma has promised R2.4bn to retrain the retrenched), and motivated by the beneficiaries, the nationally needed 2.2m houses could be built quickly.

    # Legassick is Emeritus Professor at the University of the Western Cape and is active in the field of housing.

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    Abahlali Women’s Day Celebration

    The AbM Women’s League was launched on 9 August 2008.

    Announcement: Abahlali Women’s Day Celebration

    The Abahlali baseMjondolo Women’s League are celebrating Women’s Day tomorrow at 9am at Siyanda, Section B. We have invited Vibe FM, and we will be having an event that includes music, Zulu dance, kwaito, gospel choirs, and we will be showing our handwork.

    The theme of the day is to tell the world that Abahlali Women’s League are fighting against child abuse, women abuse, and the abuse of people living with disabilities, since we know that people with disabilities also are victims of rape by family members. We are trying to do poverty alleviation, because we know that the rate of unemployment is very high. We want to impart the message to women living in the shacks about their rights, to tell them about their rights and what they must do about their rights. We will be talking about HIV awareness, cancer awareness, and other women’s health issues. We will be talking about women’s rights in general.

    Since we will be dressing traditionally, we will be giving prizes and choosing the Queen of the Day for the best dressed. We will be giving prizes to the one who has a long service in Abahlali fighting for women. We also will be giving a prize to the old mother of Abahlali. And we will be giving prizes to the new active women members of Abahlali. Finally, we will be giving something to all those who will be traditionally dressed.

    All media are welcome to attend.

    Contact:
    Cindy Mkhize: 073 7309648
    Mama Nxumalo: 076 333 9386

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    Abahlali baseMjondolo & the Rural Network in New York: Schedule of events

    Click here to read Reclaiming the Poor People’s Campaign: Resources from Abahlali baseMjondolo & the Rural Network, a resource pack prepared for comrades that Mazwi Nzimande and Reverend Mavuso will be meeting in America.

    THE SHACK DWELLERS MOVEMENT IN NEW YORK – SCHEDULE

    Sunday, 16th August, 2009
    Discussion & Screening at Bluestockings

    Please join us for a very special evening of discussion and film about Abahlali baseMjondolo (the Shack Dwellers Movement) of South Africa. Two of their leaders, Mazwi Nzimande and Rev. Mavuso Mbhekiseni, will be in the United States building networks of solidarity with those engaged in similar struggles in this country. There will be a screening of DEAR MANDELA (15 min, 2009), a documentary work-in-progress about the Shack Dwellers Movement, directed by Dara Kell & Christopher Nizza.

    TIME: 7pm (screening starts at 7:30pm)
    LOCATION:
    Bluestockings. 172 Allen St. New York, NY 10002. Ph: 212.777.6028 http://bluestockings.com/
    DIRECTIONS: Bluestockings is located in the Lower East Side of Manhattan at 172
    Allen Street between Stanton and Rivington – 1 block south of Houston and 1st Avenue.
    By train: F train to 2nd Ave, exit at 1st Ave, and walk one block south.
    By car: If you take the Houston exit off of the FDR, then turn left onto Essex (a.k.a. Avenue A), then right on Rivington, and finally right on Allen, you will be very, very close.

    MONDAY, 17TH AUGUST, 2009
    Meeting with members of Movimiento Por Justicia Del Barrio (MJB)

    Movimiento Por Justicia Del Barrio (MJB) is an immigrant-led social justice organization based in East Harlem. The group was founded in December of 2004 to organize resistance against the devastating effects of gentrification in their community. The immigrant base and leadership of their organization has led MJB to address the pressing issue of immigrant rights. In 2005, their predominantly Mexican membership decided to become adherents to Zapatista’s Sixth Declaration of the Lacandon Jungle and joined The Other Campaign, a national movement to change Mexico initiated by the Zapatistas. Since then, the group has facilitated a comprehensive Consulta Con El Barrio to invite popular community participation in developing strategy and focus for the struggle for community based justice. MJB struggles for justice by challenging systems of racism, xenophobia, sexism, classism, and homophobia.

    TIME: 7:30PM
    Location TBD

    WEDNESDAY, 19th AUGUST, 2009
    Meeting with members of DOMESTIC WORKERS UNITED

    Founded in 2000, Domestic Workers United [DWU] is an organization of Caribbean, Latina and African nannies, housekeepers, and elderly caregivers in New York, organizing for power, respect, fair labor standards and to help build a movement to end exploitation and oppression for all.

    TIME: 11:00AM – 1:00PM
    LOCATION: Domestic Workers United office,1201 Broadway, Suite 907 – 908, New York, NY 10001. http://www.domesticworkersunited.org/
    PH: (212) 481-5747

    WEDNESDAY, AUGUST 19TH, 2009
    Shackdwellers Movement from South Africa at the Brecht Forum

    DEAR MANDELA (15 min, 2009), a documentary work-in-progress about South Africa’s Shack Dwellers Movement, will be screening at the Brecht forum as part of the Visual Liberation Film Series, curated by Red Channels.

    LOCATION: BRECHT FORUM. http://brechtforum.org
    TIME: 7:30PM
    ADDRESS: 451 West Street (that’s the West Side Highway) between Bank & Bethune Streets
    DIRECTIONS:
    A, C, E or L to 14th Street & 8th Ave, walk down 8th Ave. to Bethune, turn right, walk west to the River, turn left
    1, 2, 3 or 9 to 14th Street & 7th Ave, get off at south end of station, walk west on 12th Street to 8th Ave. left to Bethune, turn right, walk west to the River, turn left.

    THURSDAY, 20th AUGUST, 2009
    Panel Discussion & Screening at the Poverty Initiative

    Please join the Poverty Initiative at Union Theological Seminary for an evening of discussion and film about Abahlali baseMjondolo (the Shack Dwellers Movement) of South Africa. Two of their leaders, Mazwi Nzimande and Reverend Mavuso Mbhekiseni, will be attending the Poverty Initiative’s Poverty Scholars Leadership School. They then are spending a week in New York sharing experiences from their work and lives, meeting with Poverty Scholars organizations and building relationships of solidarity with similar movements here. There will be a screening of DEAR MANDELA (15 min, 2009), a documentary work-in-progress about the Shack Dwellers Movement, directed by Dara Kell & Christopher Nizza. The evening will also include a discussion with Poverty Initiative leaders about how to build deeper connections across continents.

    Thursday, 20th August, 2009
    7:30pm – 9:00pm in Room 205 at Union Theological Seminary, Room 205, New York, NY 10027
    LOCATION: Union Theological Seminary is located at 121st Street and Broadway near the Columbia University campus. Take the 1 subway to 116th Street/Columbia University and walk north to 121st Street. When you enter the main entrance at Union Theological Seminary, the guards at the security desk will be able to direct you to Room 205.)
    http://www.povertyinitiative.org/

    Abahlali baseMjondolo is the largest social movement of the poor in post-apartheid South Africa. The movement’s key demand is for ‘Land & Housing in the City’ but it has also successfully politicized and fought for an end to forced removals and for access to education and the provision of water, electricity, sanitation, health care and refuse removal as well as bottom up popular democracy. Amongst other victories the Abahlali have democratized the governance of many settlements, stopped evictions in a number of settlements, won access to schools and forced numerous government officials to ‘come down to the people’. For more information, visit http://www.abahlali.org

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    Winning Our Land Back – the Landless People’s Movement Wins a Major Court Victory

    Press Statement
    Landless People’s Movement, Protea South
    Friday, 07 August 2009

    Winning Our Land Back – the Landless People’s Movement Wins a Major Court Victory

    On Tuesday 4th August the South Gauteng High Court handed down a major victory for the Landless People’s Movement in Protea South, Johannesburg.

    We have struggled long and hard in Protea South. Over the years our marches have been banned and we have been arrested, beaten, shot at with rubber bullets, threatened and tortured.

    The judgment is a victory against forced removal. We have long been resisting plans to dump us in Dornkop which is far away from Protea South which is where we live and near to where we work and school. The City of Johannesburg have been insisting that we must accept forced removal to a human dumping ground whether we like it or not. They said that the land in Protea South is for the people that have money. Wozani security was a threat to us when the councillor called meetings to try and impose the relocation on the people. The judgment forces the City of Johannesburg to upgrade our settlement where we are living or to provide land and housing to us very near to where we are living. It bans the City of Johannesburg from evicting us until the next court date.

    The judgment is also a victory against the denial of services to the poor. It gives the City of Johannesburg one month to report on the work that it has done to give us toilets, water, refuse collection and lighting.

    The judgment is also a victory for real democracy. It forces the City of Johannesburg to plan with us and not for us.

    This is not the first time that we have won victories in court. We will mobilise and keep our movement strong to ensure that this is not just a victory on paper.

    On 30 September 2008 we submitted our memorandum to the acting premier of Gauteng Paul Mashatile regarding the transit camp in Protea South that must be removed. The transit camp was not blessed by the community. The department of housing failed to consult with the community about his and all other issues. They failed to accurately and fairly identify the beneficiaries and who qualifies for the housing subsidy and who does not. They failed to respect the constitution of the country and the human dignity and privacy of the community. There was no participation at all. This is why we marched and submitted our memorandum to demand that the transit camp must be taken down and that the corruption around it must be stopped. The chairperson of the local ANC branch, and ward committee member, Abednigo Makhubela got the tender to do the security for the transit camp. Our money, the tax money, was being used only to benefit the individual leaders of the ANC. But while they are benefiting our streets are in a very bad condition, there is a very high number of people who are unemployed and poverty and crime are increasing everywhere in South Africa. Many questions are still remaining about this corruption. We still need answers.

    We are so luck to have an attorney like Moray Hawthorn. He struggles with us, not for us. He is very committed to serve the poor. We need more lawyers like Moray.

    Many people said that we were wrong to take the government to court. We have been vindicated. The government was wrong to treat us with contempt. It is clear that even the court can recognise this.

    Yesterday we saw an article on page 4 of the Daily Sun in which Amos Masondo was saying that shacks will be eradicated in Johannesburg by 2014. He said nothing about how this would be done. The law and policy are on the side of participatory in-situ upgrades. This is also our position. We warn Masondo that we will not accept any forced removals or transit camps. The power that the rich have over the land will have to be broken.

    We have called an urgent meeting of the Landless People’s Movement to organise a celebration of this victory in the court and also the victory against the transit camp.

    We will continue to struggle in the courts, outside the courts and in the streets. We will continue to build the political power of the poor in our communities.

    For further information contact:

    Maureen Mnisi, chairperson of the LPM in Protea South on 082 337 4514
    Bongani Xezwi, youth organiser of LPM in Protea South Branch on 071-043-222
    Maas Van Wyk, LPM Protea South on 079 267 3203
    Thomas Maemganyi, LPM Protea South on 072 613 2738

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    Eviction of 23 Families in Motala Heights; Intimidation by Pinetown Legal Aid Board and So-Called Landlord


    Lot 35 Motala Heights

    Eviction of 23 Families in Motala Heights; Intimidation by Landlord and the Pinetown Legal Aid Board

    This week 23 families living in tin-shanty houses in Motala Heights, Lot 35, were issued with letters, demanding that they pay exorbitant increases in rent – effective immediately – or face eviction. A pensioner, seeking advice about the letters, was told by the Pinetown Legal Aid Board that he would be “in the firing line” if he challenged the so-called landlord. Yesterday, relatives of the so-called landlord threatened an area coordinator for Abahlali baseMjondolo for assisting the families, warning that they would “come to your home and deal with you.”

    Abahlali has been fighting against violence, intimidation and evictions by Motala landlords for years. Many of these battles have been won against the notorious gangster landlord Ricky Govender (who has also threatened the press). Now, Abahlali will struggle again, this time against a different landlord, so that families can live in safety, free from the fear of homelessness and retribution by the landlord of Lot 35.

    Eviction of 23 Families

    Rent for the tin-shanty houses has been doubled or tripled, according to the letters issued by a lawyer acting for the person who is suddenly claiming to be the landlord of lot 35.

    One family, both pensioners, had been living in their house for the last 35 years and had been paying R200 per month. Now, the letter instructs them to pay R700 per month. This violates the Rental Housing Act that regulates rental increases. It is a clear attempt to force the families off the land.

    But the so-called landlord’s claim to ownership of Lot 35 is uncertain. On four plots of land, 12 families have been paying in person to different rent collectors for many years. Some have been paying this way for decades. Now, the letters instruct the families to deposit money into the bank account of someone claiming to be the new landlord of Lot 35. Tenants have had no prior notice of any sales or transfers of land ownership. The plots were reportedly sold years ago through various verbal contracts agreement and family arrangements, not by title deed. The recent letters from the lawyer did not advise residents to meet or discuss the matter with the person suddenly claiming to be the landlord of lot 35. They offer no proof that this person is now the legal owner of the land.

    There have been a number of incidents in recent years where Ricky Govender has suddenly claimed to be the owner of land on which people are living, or of common land in Motala Heights, while the dead office does not show that he is the owner of this land. He has even built houses for rent on the land that he does not appear to own.

    There have been similar instances where other people have suddenly arrived, claimed ownership of land and sought evictions or a re-direction of rent payments without being able to prove their ownership of the land. People in Motala Heights have good reason to be suspicious of people who suddenly and without proof claim to be owners of the land on which they have been living for decades.

    In total, 23 families on Lot 35 have been instructed to pay the increased rent this month, August, or be evicted. The letters state that the families are in arrears. But all the families say their rent is paid in full and up to date. In fact some had already paid their rent for this month before they received the letter notifying them of the increase. Those who have paid their rent for this month did so to the rent collector that they have always ordinarily paid. But the letters state if they do not pay the full amount to this new landlord, they will be evicted. Tenants on the Lot have consistently paid their rent over the years, but have never been told, until now, that they owe money to this new landlord.

    One tin-shanty house on Lot 35 was burnt to the ground last month, while the family was attending a funeral out of town. To this day, they do not know how their home – along with all their personal belongings, such as clothes, furniture and ID books – was set ablaze. All they have left is what they brought with them to the funeral. A church donated materials so that the family could rebuild, from which they have constructed a new home. Now, the person claiming to be the new landlord is demanding that they break down this home, or he will call the municipality to do so. The family, with a one-month old baby and two other children, has no other shelter.

    Legal Aid Board Intimidation

    When one pensioner went to the Pinetown Legal Aid Board for advice, a representative told him that he “already knows all about Lot 35 and what is happening there.” He was told he would be “in the firing line” if he contested the rental increase and the eviction threat from the landlord and warned not to challenge the landlord.

    This is the second instance, at Lot 35, in which the Pinetown Legal Aid Board acted against its national and constitutional mandate to provide legal representation to the poor. In an ongoing eviction case at Lot 35, involving three of the families living there, the Pinetown Legal Aid Board stated in a letter that they were representing the landlord in court.

    In the course of representing the landlord, the Pinetown Legal Aid Board sent letters to the families, which read: “NOTICE OF EVICTION”: “Kindly take note that you that you are hereby requested to vacate our clients’ premises with immediate effect.” The letters only were delivered recently, but are dated September 2007. Another letter is dated May 2006. When the families went to the Legal Aid Board in Pinetown for an explanation, they were turned away.

    The residents then approached the Legal Resources Centre (LRC), which declined to take their case, but agreed to send a letter to Legal Aid inquiring why the Board, to assist those without the funds for private attorneys, was acting for a landowner with 15 houses. Thus far, Legal Aid has not responded to the LRC letter.

    At the time the families under threat of eviction raised additional questions about the legal standing of the eviction notices, which must be delivered by the sheriff. These notices came by post. No PIE (Prevention of Illegal Evictions Act) notice was been issued as is required by the law. The Legal Aid Board was, therefore, not just representing the rich against the poor but was also complicit with straightforwardly unlawful and criminal behaviour.

    On many occasions the Pinetown Police (SAPS) have also acted as if their job is to support the rich in Motala Heights in their often illegal attempts to exploit and evict the poor. They have even continued in this behaviour after being interdicted against unlawful behaviour.

    If the Legal Aid Board and the Police act in complete contempt of the law and in blatant support of the rich what are the poor supposed to do?

    Threats by the Family of the So-Called Landlord

    While assisting the 26 families facing rental increases and eviction at Lot 35, an area coordinator for Abahlali baseMjondolo was threatened by relatives of the landlord in the presence of other representatives of the movement. The landlords’ relatives warned that they would “come to your home and deal with you.”

    This is not the first time that Abahlali members and coordinators have been threatened by landlords in Motala Heights. Ricky Govender told the same area coordinator that he would have her killed for R50. He later came to her home, with his relatives, and assaulted her, which left her traumatized and in hospital.

    Tenants in Lot 35 would like point out that they maintain their tin-shanty houses themselves. They do so with great care and pride, but say it is a battle to fix windows, leaking roofs, and dilapidated structures at their own cost, especially for pensioners, those with low income, or are unemployed. There is only one water tap for the whole Lot that is shared by 26 families. There is not even a postbox. Tenants, some who have been living there for close to 40 years, are scared and have nowhere else to go.

    For further information and comment please contact:

    Shamita Naidoo 074 315 7962
    Bongo Dlamini 084 722 2637

    Press Releases from Motala Heights

    *Corruption and Armed Intimidation as Motala Heights Eviction Crisis Deepens, 20 June 2006.
    *Motala Heights Eviction Crisis Continues, 30 June 2006.
    *Motala Heights Eviction Crisis, Press Release 4, 21 August 2006.
    *Shacks Demolished at Motala Heights, Pinetown, 29 October 2006
    *Major Crisis as eThekwini Municipality Violently and Illegally Evicts Shackdwellers in the Motala Heights Settlement, 5 November 2006
    *Victory for the people of Motala Heights, 13 December 2006
    *Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction, 8 August, 2007
    *Four shacks Burn Down in Motala Heights, 10 September 2007
    *Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues, 13 May 2008
    *Court Action Against Intimidation in Motala Heights, 12 & 13 June 2008
    *AbM Youth League Chairperson’s shack has just been lost to fire, 30 July 2008
    *Armed De-Electrification in Motala Heights, 19 August 2008
    *Six Families Under Threat of Eviction in Motala Heights, 20 April 2008
    *Police Support for Landlord Intimidation Continues in Motala Heights, 30 April 2009

    Pictures from Motala Heights

    *Ricky Govender gets his demolitions at Motala Heights (3 years ahead of the City’s schedule), 31 October, 2006
    *At the High Court for the Motala Evictions Case, 22 November 2006
    *Motala Heights on 12 December 2006 – the day before an eviction
    *SAPS stop Municipality workers from demolishing shacks, 13 December 2006
    * Photo essay on Motala Heights in December 2006 by Antonios Vradis.
    *Shack cinema, Motala Heights 11 March 2007
    *iPolitiki ePhilayo: Motala Heights Development Committee AGM, emZabalazweni, Motala Heights Settlement, 20 May 2007
    *Motala Heights, 2 August 2007. The day after Govender promised to bulldoze Uncle Jame’s house by the end of the month
    *Motala Heights, Meeting Against Evictions 4 August 2007
    *“Motala Heights Indian Shacks” – pictures by Shamita Naidoo, taken first week of August, 2006
    * The morning after 4 tin shacks burnt in Motala Heights, 9 September 2007
    *‘Meeting of the Poor Against the Rich’, 17 November 2007
    *The Motala Diggers, 31 October, 2008
    *New Evictions Threatened in Motala, 20 April 2009
    *Launch of the new Creche in Motala Heights, 26 April 2009

    Newspaper articles on Motala Heights

    *Isolezwe, 30 October 2006 Bathi abayi ezindlini abakhelwe zona
    *Mercury, 30 October 2006: Council vows to get rid of shack dwellers
    *Mercury, 30 November 2006: Shack dwellers win court order against municipality
    *Highway Mail, 17 August 2007: We Won’t Go
    *Mercury, 4 September 2007: Photographer was threatened, Police rescue news team after fracas
    *Highway News, 11 September 2007: News team threatened for shack story
    *Highway Mail, 14 September 2007: Homes in Ashes
    *Mail & Guardian, 21 September 2007: ‘They can pack up and go’
    *Highway Mail, 24 September 2007: No assistance for Motala Heights fire victims
    *Mercury, 8 October 2007: Court halts landlord’s threats
    *Daily News, 16 June 2008: Order won to prevent harassment: Tenants take landlord to court
    *Mercury, 17 June 2008: Order granted against landlord ‘harassment’
    *Mercury, 21 August 2008: Land owner to take legal action to evict tenants

    Other Media

    *CNN, 11 June 2008: Slums offer surprising hope for tomorrow’s urban world

    Legal Documents on Motala Heights

    *Affidavit on the Founding of Motala Heights by Bheki Ngcobo
    *PDF copy of letter from the Legal Resources Centre to City Manager Sutcliffe, 23 November 2006
    *PDF copy of court order preventing further demolitions in Motala Heights (29 November 2006), Letter from the Legal Resources Centre to the Pinetown SAPS (11 December 2006) and a letter from the LRC to the city’s lawyers (12 December 2006)
    *Interdict preventing Ricky Govender from bulldozing the home of Mr. and Mrs. Pillay and from threatening or assaulting them, 28 September, 2007
    *Court papers for interdicts against Ricky Govender et al, the Station Commander of the Pinetown SAPS & the Minister of Safety & Security, 13 June, 2008
    *Letter from CALS to Ricky Govender’s lawyer on ongoing intimidation of James Pillay despite the interdict, 8 July 2008, 2008
    *Letter from CALS to Ricky Govender’s lawyer explaining that they have no legal basis to evict, 31 July 2008, 2008

    Other Documents

    *Facing Uncertainty with Unity: Lives and livelihoods of shack dwellers in Motala Farm by Lisa Fry, late 2006
    *Comments by people who resisted evictions in Motala Heights in December 2006, document drawn up in early 2007
    *Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” (See section 3 for an account of the two visits of Tim Jeebodh to Motala Heights.
    *Freedom of Expression Institute statement that makes reference to Govender’s death threats to journalists
    *Abahlali baseMjondolo & the Police A list of key incidents of police harassment between March 2005 and January 2008 (including references to incidents in Motala Heights)
    *Letter to the eThekwini Municipality from groundWork on illegal dumping by Ricky Govender, January 2008
    *COHRE report on housing rights in Durban (includes Motala Heights), October 2008

    And a poem…

    *For Motala Heights, a poem by Jacques Depelchin, April 2009

    And two short documentary films…

    *Motala Farm, May 2009
    *Still UnFree, June 2009

    Various documents on New eMmaus

    New eMmaus is just over the hill from Motala Heights and is not under the control of Govender. However the two areas share, in part, a common history as people who were evicted from land owned by the Catholic Church live in both New eMmaus and Motala Heights. (Their ancestors came to the Marianhill Monastery as converts – they were evicted when the monastery sold land off for factories to be developed).

    *New eMmaus Cracks, Press Release, 3 October 2006.
    *New eMmaus Cracks – photographs, 3 October 2006.
    *Emmaus residents fall into housing cracks, Sunday Tribune article, 22 October 2006.
    *Abahlali to Mourn UnFreedom Day 2007 & Celebrate the Strength of the Strong Poor in New eMmaus, 27 April, 2007.
    *Pictures of the UnFreedom Day Celebration in New eMmaus, 27 April, 2007.

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    Municipality and Inkosi Threaten 61 Families with Illegal Eviction in Howick

    Update: On 9 August 2009 the police and municipal officials arrived, unexpectedly, on the national public holiday of Women’s Day, and attempted to evict. The people resisted and successfully drove the bulldozer back.Click here to read the story on this in the Witness.

    11:49 p.m., 29 July 2009
    Abahlali baseTumbleweed Press Statement

    Municipality and Inkosi Threaten 61 Families with Homelessness in Tumbleweed, Howick

    61 families living in the settlement of Tumbleweed, Howick, have been threatened with imminent, unlawful eviction by the municipality and the local Inkosi.

    Today, three armed police officers and a representative of the municipality told the community that they had 24 hours to vacate the area, or an eviction team would return tomorrow and on Friday with bulldozers to demolish their homes. All will be left homeless.

    The municipality and the Inkosi have yet to secure a PIE (Prevention of Illegal Evictions Act) notice through the courts, which is required by law. There is no alternative accommodation. They have not conducted meaningful consultation with the community. These evictions and threats of demolition, therefore, are illegal and criminal acts.

    It is alleged that the families are to be displaced because the Inkosi sold the land to the Department of Education to build a school. Tumbleweed residents have only recently become aware of this changing of hands in land ownership. The land under their feet has possibly been sold, but the deal was negotiated without talking to the 61 families who will be left homeless as a result.

    Abahlali supports the building of schools, and has fought for education for all. Abahlali supports development in the area, and in other communities. But this should be done by engaging and speaking with the community, and in accordance with the law. Not by rendering people homeless illegally. Development should improve and not smash the lives of the poor.

    Today, when the municipal representative and the police came to Tumbleweed, they shouted at the community. They told residents they must go, and issued threats on the basis of them being Abahlali members. The Tumbleweed-Howick branch of Abahlali was recently launched, and a community committee has been democratically elected.

    The Tumbleweed-Howick branch of Abahlali wishes to state that the community is scared. No one in Tumbleweed will sleep, or sleep well tonight. They are uncertain about their future. They wish to say further that it is unacceptable for police and the municipality to threaten to destroy people’s homes, and to shout at them.

    There have been prior evictions in Tumbleweed. In each case, they have carried out unlawfully, without a court order. Among those evicted in the past, some do not have shelter even today.

    Abahlali, as a movement, is concerned about ongoing threats of eviction in violation of PIE. Abahalli is also concerned that the municipality and the Inkosi are not prepared to have meaningful engagement with the community. People there do not know their own future, and this should concern everyone.

    In Tumbleweed, the Inkosi is seeking to evict his own people. But it is a betrayal when an Inkosi decides to evict his own people.

    Abahlali will not tolerate any abuse of power, or abuse of the law.

    The people of Tumbleweed urge journalists and those concerned to rush to the scene tomorrow when police and the municipality are expected to return, to see for themselves what happens when an eviction is unlawfully carried out.

    Contact:

    Nana 073 583 3444 – Abahlali Tumbleweed (Howick) branch
    Roni Khanyile 083 498 2207 – Abahlali Tumbleweed (Howick) branch

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    eThekwini Electricity Policy Takes Another Life – 16 Year Old Boy Dies in Siyanda

    Wednesday, 29 July 2009
    Press Statement from Abahlali baseSiyanda B

    eThekwini Electricity Policy Takes Another Life – 16 Year Old Boy Dies in Siyanda


    Community Meeting, Siyanda, 30 July 2009. The meeting was to plan a memorial for Sakhephi Zenda – a police helicopter was flying low overhead…

    Sakhephi Emmanuel Zenda, 16, was discovered dead at 7:00 a.m. on Monday 27 July 2009 in B Section, Siyanda. It seems that he had been electrocuted from a badly made connection during the night. He was a grade 8 pupil at Zeph Dlomo High School in KwaMashu.

    His grandmother has also passed away and the family will face a double funeral at eZingolweni on Saturday.

    The movement will meet in Siyanda at 5:00 p.m. tomorrow to discuss this tragedy. We have invited church leaders to this meeting and we extend an open invitation to all those who do not accept that the poor should die like this. We will discuss a proposal for the movement to hold a memorial service for Sakhephi on the Friday before the funeral.

    If the eThekwini Municipality had provided electricity to Siyanda B Sakhephi would be alive today. He is not the only person to have died like this. There have been a number of similar deaths in Mayville.

    The eThekwini Municipality took a notorious and deadly decision in 2001 to stop providing electricity to shack dwellers. We have travelled around this country and we know that this is the only municipality that took a decision to stop providing electricity to shack dwellers. Why is eThekwini the only municipality where the poor must burn in the fires or be electrocuted by badly connected wires? Even rural areas are getting electricity these days.

    When people don’t connect themselves to electricity and continue to reply on candles and paraffin stoves they face fire after fire. They are also forced to live without the benefits of the modern world. It is as if it has been decided that they do not belong in this world, that they have no rights to this world.

    When a community is not well organised and their community electricians are not well trained and connections are not well made there is always a risk of electrocution. But this risk will not stop people from connecting themselves. People connect everywhere and they will continue to do so.

    The solution is obvious. The eThekwini Municipality must overturn its cruel and deadly decision to stop providing electricity to shack dwellers. They must then move as quickly as possible to electrify the settlements. They must also apologise for all the deaths that their cruelty has caused.

    If they fail to do this then each community must organise itself so that it can arrange connections in a safe and disciplined way. Where a movement has trained its electricians very well and it works in a safe and disciplined way there are no accidents. This has been clearly proven in many places. If the state continues to fails to recognise our humanity, and it remains up to us to recognise and defend our own humanity, then each community and each movement must take the responsibility to ensure that electricity is appropriated in a safe and well organised manner. Until this service is provided to everyone we have no choice but to continue to support Operation Khanyisa so that people can keep themselves safe from fires and benefit and advance their lives.

    But not all communities are well organised. In some places each family makes its own arrangements. It is therefore clear that for as long as electricity is denied to the poor there will be more deaths in the fires and there will be more deaths by electrocution.

    We will continue to struggle for electricity. We will continue to build unity around our demand for electricity for all. We will continue to explore legal options for holding the eThekwini Municipality responsible for their failure to electrify the settlements and for the deaths that this has caused. We will continue to engage in mass struggle against this municipality until they agree that everyone deserves to be safe and to have the benefits of electricity. We will mobilise across the city against this policy which is really a decision that our children, the children of the poor, should die. We cannot accept this. No decent human being, poor or rich, can accept this.

    We note that in many of the RDP houses in Siyanda there is not formal electricity. Even there, in the formal houses, people have to connect themselves. It is clear that we are seen as people who don’t really need electricity.

    We also note that the municipality rushes to tell the newspapers how much money is being lost by community organised connections. If they are so worried about this why don’t they put us on the electricity grid? By denying the people formal access to electricity they force the people to take electricity. They leave people with no choice.

    Electricity could have saved Sakhephi ‘s life just as it could have saved Mhlengi Khumalo’s life, Baba Dhlomo’s life, Ma Khuzwayo‘s life or Thembelani Khweshube‘s life.

    The dying of poor people in the shacks doesn’t matter – it is accepted. If the rich were dying like this it would be a big story. This is a moral issue that is the responsibility of everyone.

    We are people who do not count in this Municipality. We are people who do not count in this system. We will do what ever it takes to make sure that each person counts. If that means going to court we will go to court. If that means going to the streets we will go the streets. If that means training electricians in each community to ensure safe connections we will do that. If that means resisting disconnections we will do that.

    Services must be available to all humans without respect to class.

    We send our deep condolences to the family.

    For further information contact:

    Mama Nomusa Nxumalo, Chairperson of the Siyanda B Abahlali baseMjondolo Branch: 07654796198
    Mr Ngwenya, Deputy Chairperson of the Siyanda B Abahlali baseMjondolo Branch: 074 551 7834

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Mercury, Op-Ed: Meeting people’s housing rights, by Mike Mabuyakhulu, 9 February 2009
  • Photo of one of the 5 room Siyanda jondolos, 10 February 2009
  • Project halted by protests, The Mercury, 17 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • State Criminality in Siyanda, 17 March 2009
  • Pictures of the Siyanda Eviction to Richmond Farm Transit Camp on 17 March 2009 (under judicial oversight……)
  • Balale emnyango ababethenjiswe izindlu zomxhaso, Isolezwe, 20 March 2009
  • Siyanda A and B to March on Housing MEC Mike Mabuyakhulu on Tuesday 14 April 2009, 9 April 2009
  • Pictures of the Siyanda (A&B) March from Siyanda to Downtown KwaMashu, 14 April 2009
  • No homes, no vote threat, The Mercury, 15 April 2009
  • Bakhala ngentuthuko egqozayo abaseSiyanda, Isolezwe, 15 April 2009
  • Siyanda – Mpola – Macassar Village: The War on the Poor Continues, 19 May 2009
  • Siyanda – some pictures, 19 May 2009
  • Video interview from the Siyanda transit camp, 19 May 2009
  • Sad Song of Siyanda, short film by Elkartasun Bideak, 22 May 2009
  • Another Illegal Demolition in Siyanda – call for the immediate arrest of Municipal Official, 27 May 2009
  • Photographs of the remains of Mpume Nompumelelo’s shack after illegal demolition, 27 May 2009
  • Mpume Nompumelelo, short film by Elkartasun Bideak showing Mpume Nompumelelo’s home, 28 May 2009
  • Mpume Nompumelelo II, short film by Elkartasun Bideak showing the illegal destruction of Mpume Nompumelelo’s home, 28 May 2009
  • Nandi Mandela Celebrates Grandfather’s Birthday with the Eviction of 9 Families in Siyanda, 23 July 2009
  • Featured post

    Sowetan: Squatters sue council – Residents want service

    http://www.sowetan.co.za/News/Article.aspx?id=1040670

    Squatters sue council – Residents want service
    Katlego Moeng
    28 July 2009

    Residents of Harry Gwala informal settlement near Wattville in Benoni have been battling the Ekurhuleni municipality in the South Gauteng high court since December last year to get services in their area.

    “On December 12 last year the court ruled that the municipality must instal seven taps in the area and start collecting rubbish,” said Paseka Lihlabi, the chairperson of the Landless People’s Organisation in the settlement.

    “But they only installed two taps and since giving us dustbins and a collection calendar just before the elections nothing has materialised.”

    He said the community lost a bid to have electricity installed in the area in January at a hearing they were not allowed to attend.

    “We have no electricity and Lihlabi said is totally dark at night.

    “We have no proper toilets. This place is filthy because there is no rubbish removal. More than 500 households have to share two taps for water.

    “Basically we have no services. We have to constantly fight for what government is supposed to be giving us.

    “We have been fighting for so long that some people feel like throwing in the towel.

    “The government is fighting against us in court.

    “It is a shame that we, poor people, are being forced to take the government to court to get what we voted for.

    “All these things that we are fighting for now are things they promised us to get our votes,”

    Now Moray Hathorn, head of the pro bono practice group at law firm Webber Wentzel, is acting for the informal settlement in the Constitutional Court in a bid to help the community get basic sanitation.

    The outcome of the case might set a nationwide precedent about the right to basic sanitation for people living in informal settlements.

    Hathorn said proper sanitation was even more important than personal hygiene and water quality in the prevention of gastric illnesses and other diseases.

    In other rural settlements in South Africa where sanitation has been provided, anecdotal evidence suggests there has been a dramatic improvement in the health of those in the area as the incidence of gastric illnesses and skin ailments drop.

    On Tuesday last week, residents of Thokoza’s Mkhathili informal settlement and nearby hostels on Khumalo Street took to the streets in violent protests against inadequate services.

    They said they were tired of waiting for services , vowing to continue with the protests until their grievances are addressed.

    Ekurhuleni mayor Ntombi Mekgwe yesterday said the municipality had financial constraints and the courts should bear that in mind in its rulings.

    Featured post

    Fanonian Practices and the politics of space in postapartheid South Africa: The Challenge of the Shack Dwellers Movement

    Click here to read an annotated version of this essay in word and here to read it in pdf.

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    Fanonian Practices and the politics of space in postapartheid South Africa: The Challenge of the Shack Dwellers Movement (Abahlali baseMjondolo)
    Presentation at the Frantz Fanon Colloque, Algiers July 7, 2009
    Nigel C. Gibson

    The nation does not exist in the program which has been worked out by revolutionary leaders … [but] in the muscles and intelligences of men and women.
    Fanon, Les damnés

    Je vous remercie de m’avoir invité à ce colloque, je suis absolument ravi et honoré d’être ici, parmi ces personalités, ainsi que les personnes qui ont un lieu l’historique avec Fanon. Ce document fait partie d’un projet plus vaste appelé pratiques “Fanonian en Afrique du Sud.”:Une partie de l’idée est de reconnaître la pertinence du vécu de Fanon, les mouvements entre les damnés de la terre. Continue reading

    Featured post

    Meaningful Engagement

    Meaningful Engagement

    The Centre for Applied Legal Studies at Wits, are hosting a colloquium on the topic of ‘Meaningful Engagement’ today. The speakers were asked to prepare and circulate their papers in advance. This is S’bu Zikode’s contribution to the discussion.

    I thank Lauren Royston and Kate Tissington for the opportunity to comment on the topic of meaningful engagement.

    Our movement is always very happy to visit CALS. CALS is an important ally in the struggles of the poor and all our movements hold your organization in high respect. You have worked with us and not for us. You have not been scared to confront power whether it is the provincial government or a gangster landlord. We remember how Stuart Wilson sat taking instruction from Uncle James in Motala Heights while Ricky Govender’s thugs threw rocks at Uncle James’ house. We know how hard and how well Stuart and your team worked on the Slums Act case.

    It is a fact that may not be disputed that not all engagements between the state and the people are meant to be meaningful. What is called ‘engagement’ or ‘public participation’ is often just a kind of instruction, sometimes even a threat. Many times it is done in such a way that all possibilities for real discussion and understanding are closed from the start. In these cases what is called engagement is really just a way for the state to pretend to be democratic when in reality all decisions are already taken and taken far away from poor people.

    However all purposes of engagement are meant to be meaningful by virtue of their intention. When you engage for a particular purpose you want the purpose itself to determine the nature of the engagement. The purpose therefore comes first. In each engagement we must be clear about who we are and what we want. This determines our tactics and what we can accept and not accept in each engagement.

    It is one thing if we are beneficiaries who need delivery. It is another thing if we are citizens who want to shape the future of our cities, even our country. It is another thing if we are human beings who have decided that it is our duty to humanize the world.

    Some problems are technical. Some problems are political. But we find that without our own political empowerment we can not even resolve the technical problems. The solving of even very small technical problems, like a broken toilet, requires that we are first recognized as people that count. If you are not recognized they will just say ‘who the hell are you?’. To be recognized requires struggle. It took Abahlali baseMjondolo in Durban three years of hard struggle – with many police attacks, many beatings and arrests – before we were even recognized as people who could negotiate with the state. Then there was another year of a different kind of struggle within the negotiations before we were properly recognized there. Right now in Cape Town Abahlali baseMjondolo are still fighting the first struggle against repression. Right now communities all over the country are in rebellion. Many are still at the stage of demanding to be recognized as people that count. We are very much encouraged by many of these rebellions. We support the land occupations, the strikes and the eating of food in the big shops in Durban. Of course we condemn the new xenophobia in Mpumalanga. When the anger of the poor turns on the poor it is nothing but disaster. Terrible, terrible disaster.

    The road is long. We have travelled far in Durban but it remains possible that we could be pushed back. Therefore we must always remain strong – we must remain many, we must remain active, we must continue to think and to debate all issues. This is the only way to ensure that we keep going forward.

    There are some clear rules for meaningful engagement. Firstly the people that are supposed to participate in that engagement must be informed prior to date of that engagement and they need to be aware of what is going to be discussed during that engagement. The time, place, language and culture of that engagement must suit the people.

    The leadership of the movement or community that will attend the engagement also has important responsibilities. They need to inform all of their members about the engagement in good time. They need to explain clearly what will be at stake. The organizing and placing of notices should not only be limited to a leadership or organizational level but to ordinary people to avoid any form of exclusion. Women must be included on the same basis as men. The young and the old must be included on the same basis. The poor and the even poorer must be included on the same basis. There must be no distinction between people born here and people born in other countries.

    The local leadership must use its relevant culture and the strategies that are often used in that particular community. It is important not to allow the NGOs to teach people ways of being ‘professional’ about development that separate people from the culture of a community.

    Representatives must be elected and mandated. When there is ongoing engagement it is important that representatives are rotated and re-elected for each engagement. All decisions must be referred back to the movement or community before being finalized.

    During the engagement the processes should be conducted in a way that all the parties that are involved in that engagement feel that their opinions are being heard. You cannot have a situation where one party controls the agenda and chairs the meeting without consultation. Everyone must be able to speak freely.

    My experience in the past has been that some government officials would come up with a concluded decision with no room to accommodate views of the people and then organize an engagement. This is the experience of most communities and most movements. In these cases what is the point of engaging under these circumstances?

    This was most evident to us when the KwaZulu-Natal Legislature introduced the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Bill 2007, in the Kennedy Road Settlement. They started with a police helicopter just above us, flying low over the settlement. There were police everywhere. We were not allowed to speak if we couldn’t quote a section of Act. Those who did speak were dismissed without respect. Our concerns were treated as if they were ignorant or stupid.

    It became clear that there was no reason for the legislature to hold this public meeting except that they were required by the law to do it. We organized many shack dwellers to attend this meeting. We prepared for it very carefully. We read that Bill together line by line. We discussed each point in that Bill. On the day the Kennedy Road Community Hall was fully packed. But our presence was turned to be used to justify the passing of the Bill into an Act on the basis that a lot of people were present to endorse the Act! It is thus clear that the good move of holding public meetings can easily be monopolized and abused in order to justify the exclusion of the public from the discussions that really matter.

    In such instances one can rightful say that, such government officials see no need to engage ordinary people on policy formulation matters that affect them directly. This thinking goes with the idea that ordinary people should just become the passive receivers of services. They must just trust that everything that is done in their name and for them is an attempt to help them. Of course we cannot trust in this because people are being evicted everywhere. People are facing forced removals everywhere. People are being dumped in transit camps everywhere. People are being disconnected everywhere, burnt everywhere, arrested everywhere, beaten everywhere. We have good reason not to automatically trust the state. Where we have achieved trust with some officials it has been after long struggle and long negotiation followed by the experience of learning to work together.

    Active citizen participation is discouraged by those that hold the power. Sometimes it is discouraged with contempt. Sometimes it is discourage with violence. Sometimes it is discouraged by making simple issues too complicated for ordinary people to understand. Sometimes it is discourage by just making it too difficult to engage. How many shack dwellers can afford to be on hold on their cellphones for twenty minutes?

    We expressed our anger at the so called ‘public participation’ meeting for the Slums Bill. Some members of Abahlali baseMjondolo were then invited to the KwaZulu-Natal parliament to participate in the discussions there. They prepared carefully. They had a written submission and we were ready for all debates. They travelled there on a work day. But the Act was passed in their presence without any opportunity given to them to say a word. The Act was passed against the will of the people.

    Meaningful engagement will of course mean different things to different people. But it is clear that a reasonable service provider, stakeholder, leader or official should not be judged by how many public hearing meetings or izimbizos it conducts but by the number of people whom they manage to reach and listen to and to take into serious account during those meetings. Meaningful engagement should make sure that both parties involved will be able to benefit from that engagement. It can never be meaningful if it is just for the people to listen and to never be able to voice out their own thinking.

    The government says that it wants to ‘bring government to the people’. It is much better to ‘bring government to the people’ than to send in the police, the private security and the land invasions unit to evict and disconnect and to then call that good governance. But bringing the government to the people is not enough. Meaningful engagement will only happen when we can, through our struggles, bring the people into government.

    That does not mean that we want to replace one councillor with another or one party with another. It means that we want to bring the government, iregardless of who is sitting on the comfy chairs there, under the control of the people.

    That is why we also say that the struggle of our movements is a struggle to democratize the society from below. Yes we do want services. Services are needed by our lives. They are basic to life. We will always engage to try and get or to keep these services. These little struggles are important.

    But we also want full recognition of our humanity. Things must be done with us and not for us or to us. Therefore the government must come under the people. This requires the current political system to be turned upside down. If each community and each movement builds its power by respecting its members fully so that as each individual grows in power each community and movement grows in its power then we can slowly achieve this step by step. That is our vision for meaningful engagement – a slow revolution from below fought day by day across the country.

    S’bu. Zikode.

    Kennedy Road Settlement, Durban, KwaZulu-Natal, 24 July 2009

    Featured post

    Nandi Mandela Celebrates Grandfather’s Birthday with the Eviction of 9 Families in Siyanda

    KWAMASHU – 23 July 2009 – At 3pm this afternoon, Nandi Mandela, along with police, and a demolition team, attempted to evict three families living in the Richmond Farm transit camp. Mandela and the team broke the locks on the front door, entered, and dumped all the families’ personal belongings outside. The families were at work and school at the time. They received no notice of the eviction. A truck waited to transport them from the site.

    Meanwhile, 6 other families living in shacks in nearby Siyanda Section B were told they must move to the Richmond Farm transit camp. They are to replace the 3 families, whose eviction was attempted today. These families also received no official eviction notice, which by law, must be ordered by the courts and delivered by the sheriff. The 6 families are to be forcibly removed to the transit camp to make way for a fence that will run alongside the MR577, a new freeway construction. Nandi Mandela is a representative of Linda Masinga & Associates, a consultancy firm hired by the Department of Transport.

    Residents at Richmond Farm transit camp asked Nandi Mandela why her team was breaking the locks and removing the belongings of their neighbours. She said that the families were being moved to permanent houses elsewhere. But the 3 families were never told that they had to move, or that they had been allocated houses. At this time, they still do not know where those permanent houses are located, or if they even exist.

    Both these attempted evictions are illegal, and therefore criminal acts. The Prevention of Illegal Evictions Act (PIE) applies to all places where people live, be they jondolos or amatins.

    The Abahlali baseMjondolo branch of Siyanda Section C, currently residing in Richmond Farm transit camp, would like to state the following:

    – Journalists are encouraged to come to Richmond Farm transit camp. Nandi Mandela said she and her team would return later today. They did not. While the unlawful evictions could proceed at any time, the community expects that the team will return tomorrow.

    – Once again, the Department of Transport has its numbers wrong. If 3 families are moved out of the amatins, and 6 families are moved in, it means that some will be left homeless or that two families will have to occupying the same itin. After speaking to us, Nandi Mandela and her team realized they had made a mistake. One of the families, whose belongings were outside, was on a list that meant they were not supposed to be moved. Nandi Mandela apologized, and her team put the belongings back inside.

    – Again, Nandi Mandela, Linda Masinga & Associates and Bheki Cele at the Department of Transport are not talking to the community. There is an elected development committee in Richmond Farm. At no time was the development committee, or Abahlali informed of these eviction plans. When members of the committee asked Nandi Mandela why she had not contacted the committee, she did not answer.

    – Again, it seems the freeway is breaking apart the whole community. 52 families from Siyanda Section C came to Richmond Farm together in a landmark court case. It forced the municipality to investigate corruption on the Khalula Housing Project, and imposed a timeline for our stay in the amatins. Now, 3 families among the 52 are being told they are being moved to permanent houses, without any indication of where they will be living. It is unacceptable to move people without notice and without any indication of where they will be moved.

    – We want to make clear that we will not accept any further attempts to break the locks on the amatins, and remove our personal belongings without notice or consultation. We will respond by replacing the locks, and putting our belongings back inside.

    – Finally, we wish to ask, how would you feel if someone was to come and break into your home, take all your belongings while you were at work or at school, and then sat in the car with the police waiting for you to return?

    COHRE, and CALS have warned what could happen when people are moved to transit camps with no secure tenure. It seems that Nandi Mandela and Bheki Cele of the Department of Transport think they can move people around whenever and wherever they please without consultation with the community. It seems that they think the amatins are outside the law. This will not be accepted.

    Contact:
    Mama Nxumalo 076 333 9386
    Abahlali baseMjondolo National Office 031 269 1822

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Mercury, Op-Ed: Meeting people’s housing rights, by Mike Mabuyakhulu, 9 February 2009
  • Photo of one of the 5 room Siyanda jondolos, 10 February 2009
  • Project halted by protests, The Mercury, 17 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • State Criminality in Siyanda, 17 March 2009
  • Pictures of the Siyanda Eviction to Richmond Farm Transit Camp on 17 March 2009 (under judicial oversight……)
  • Balale emnyango ababethenjiswe izindlu zomxhaso, Isolezwe, 20 March 2009
  • Siyanda A and B to March on Housing MEC Mike Mabuyakhulu on Tuesday 14 April 2009, 9 April 2009
  • Pictures of the Siyanda (A&B) March from Siyanda to Downtown KwaMashu, 14 April 2009
  • No homes, no vote threat, The Mercury, 15 April 2009
  • Bakhala ngentuthuko egqozayo abaseSiyanda, Isolezwe, 15 April 2009
  • Siyanda – Mpola – Macassar Village: The War on the Poor Continues, 19 May 2009
  • Siyanda – some pictures, 19 May 2009
  • Video interview from the Siyanda transit camp, 19 May 2009
  • Sad Song of Siyanda, short film by Elkartasun Bideak, 22 May 2009
  • Another Illegal Demolition in Siyanda – call for the immediate arrest of Municipal Official, 27 May 2009
  • Photographs of the remains of Mpume Nompumelelo’s shack after illegal demolition, 27 May 2009
  • Mpume Nompumelelo, short film by Elkartasun Bideak showing Mpume Nompumelelo’s home, 28 May 2009
  • Mpume Nompumelelo II, short film by Elkartasun Bideak showing the illegal destruction of Mpume Nompumelelo’s home, 28 May 2009
  • Featured post

    Business Day: Burning message to the state in the fire of poor’s rebellion

    Bu makaleyi Türkçe okumak için buraya tiklayin.

    http://www.businessday.co.za/articles/Content.aspx?id=76611

    Burning message to the state in the fire of poor’s rebellion
    Richard Pithouse
    Published: 2009/07/23 06:30:32 AM

    DU NOON, Diepsloot, Dinokana, Khayelitsha, KwaZakhele, Masiphumelele, Lindelani, Piet Retief and Samora Machel. We are back, after a brief lull during the election, to road blockades, burnt-out police cars and the whole sorry mess of tear gas, stun grenades and mass arrests. Already this month, a girl has been shot in the head in KwaZakhele, three men have been shot dead in Piet Retief, and a man from Khayelitsha is in a critical condition.

    There are many countries where a single death at the hands of the police can tear apart the contract by which the people accept the authority of the state. But this is not Greece. Here the lives of the black poor count for something between very little and nothing. When the fate of protesters killed or wounded by the police makes it into the elite public sphere, they are generally not even named.

    The African National Congress (ANC) has responded to the new surge in popular protest with the same patrician incomprehension under Jacob Zuma as it did under Thabo Mbeki. It has not understood that people do not take to the streets against a police force as habitually brutal as ours without good cause. Government statements about the virtues of law and order, empty rhetoric about its willingness to engage, and threats to ensure zero tolerance of “anarchy” only compound the distance between the state and the faction of its people engaged in open rebellion.

    Any state confronted with popular defiance has two choices — repression or engagement. If it wishes to avoid shooting its people as an ordinary administrative matter, the first step towards engaging with popular defiance is to understand the dissonance between popular experience and popular morality that puts people at odds with the state.

    A key barrier towards elite understanding of the five-year hydra-like urban rebellion is that protests are more or less uniformly labelled as “service delivery protests”. This label is well suited to those elites who are attracted to the technocratic fantasy of a smooth and post-political developmental space in which experts engineer rational development solutions from above. Once all protests are automatically understood to be about a demand for “service delivery” they can be safely understood as a demand for more efficiency from the current development model rather than any kind of challenge to that model. Of course, many protests have been organised around demands for services within the current development paradigm and so there certainly are instances in which the term has value. But the reason why the automatic use of the term “service delivery protest” obscures more than it illuminates is that protests are often a direct challenge to the post-apartheid development model.

    Disputes around housing are the chief cause of popular friction with the state. The state tends to reduce the urban crisis, of which the housing shortage is one symptom, to a simple question of a housing backlog and to measure progress via the number of houses or “housing opportunities” it “delivers”. But one of the most common reasons for protests is outright rejection of forced removals from well-located shacks to peripheral housing developments or “transit camps”. Another is the denial or active removal of basic services from shack settlements to persuade people to accept relocation. Moreover, to make its targets for “housing delivery” more manageable, the state often, against its own law and policy, provides houses only for shack owners, resulting in shack renters being illegally left homeless when “development comes”.

    It is therefore hardly helpful to assume that protests against forced removals and housing developments that leave people homeless are a demand for more efficient “delivery”. On the contrary, these protests are much more fruitfully understood as a demand for a more inclusive mode of development, in the double sense of including poor people in the cities and of including all poor people in development projects.

    If the state actually engaged with any seriousness with the people to whom it has promised to “deliver services”, these kinds of problems could be resolved. But the reality is that the state very often imposes development projects on people without any kind of meaningful engagement. One reason for this is the pressure to meet “delivery targets” quickly — a pressure that was greatly worsened by the ludicrous and dangerously denialist fantasy of former housing minister Lindiwe Sisulu that shacks could be “eradicated by 2014”.

    Another reason why the state systematically fails to engage with poor people is that when it does negotiate, it tends to substitute ward councillors and their committees, as well as local branch executive committees of the ANC, for the communities actually affected by development projects. But the fact is that in many wards the councillors and local party elites represent the interests of local elites, who often have very different interests to poor communities. Moreover, it’s entirely typical for these local elites to seize control of key aspects of development projects, such as the awarding of tenders and the allocation of houses, for their own political and pecuniary gain. It is not at all unusual for ward councillors and allied local elites to threaten their grassroots critics with violence. Ward councillors are often able to order the local police to arrest critics on spurious charges.

    It is hardly surprising that ward councillors are a key target of popular protests.

    Once a community has realised that their local councillor is hostile to their interests, there are often no viable alternatives for engaging with the state. Attempts at making use of official public participation channels generally fail to get any further than a solid wall of bureaucratic contempt in which everyone is permanently in a meeting. Polite demands for attention are frequently responded to as if they were outrageous. Outright contempt of the “know your place” variety is common. In the unlikely event that representatives from a poor community are able to access a politician higher up than their ward councillor, they are most likely to be sent back to their councillor. There is a very real sense in which we have already developed a sort of caste system in which the poor are simply unworthy of engaging with politicians on the basis of equality.

    If development was negotiated directly, openly and honestly with the people who it affects rather than with consultants bent on technocratic solutions, and ward councillors bent on personal and political advantage, things would take a little longer but their outcomes would be far more inclusive and far more to people’s liking. If the ANC is serious about democracy, it should aim to subordinate the local state to the inevitably time-consuming, complex and contested mediation of the poor communities that need it most, rather than the often predatory aspirations of local political elites.

    The heart of the moral economy behind the protest is a firm conviction that the poor are people who also count in our society. For some, this means that every citizen counts and one way of realising this is by turning on people seen as non-citizens. For others, everyone, documented or not, counts. But for as long as the state, in its actual practices, does not affirm the dignity of poor people by consulting them about their own future and including them in the material development of our collective future, the rebellion will continue.

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    AbM Western Cape – Demands Presented to Dan Plato on 21 July 2009


    Click here for more pictures of the march by Sydelle Willow Smith, here for pictures from Independent Online, here for the report in the Cape Argus and here for the report in the Cape Times.

    Update: Click here to read the Cape Town Municipality's response to the AbM Memorandum.

    List of community demands
    ABAHLALI BASEMJONDOLO OF THE WESTERN CAPE.

    As people who are residing within the informal settlement we would like to bring the list of our demands to your attention for your immediate response. We are concerned with the conditions at which our people are living under off and with the city’s lack of proper intervention.We therefore demand that the city to look at conditions of each area and come up with relevant planning for each an every area. And to come up with a city wide housing planning for all people who are living at informal settlement and backyards. Further more we would like the city of cape town and its anti land invasion unit to adopt a different attitude than the one that they are carrying when it comes to the public land which is unused.

    We demand response from your office within 14 days of receiving this memorandum and we want you to convey a meeting with all the relevant city officials and affected communities to further discuss these issue
    ABM-WC contact details
    abmwesterncape@abahlali.org
    073 2562 036

    QA
    1. Residents of QA demand land.
    2. Drains must be cleaned regularly
    3. Street in between
    4. Municipal waste collection
    5. Clean Water
    6. Adequate Toilets

    VV,
    VV informal settlement is more than 21 years old, and residents still does not have municipal essential services.
    We therefore demands: Proper toilets, clean water, waste collection and we want to know what are cities future plans for VV informal settlement in terms of houses.
    K. Mathiwane 072 512 4025

    T.T.
    We want the city to recognize the number of years that we have been staying here at Tt section, therefore we demand that this area be upgraded where it is, we don’t want to be housed elsewhere and we are saying to the city of Cate Town in the meant time people of tt must be provided by basic services.
    Bulelani Cornelius Mfaco
    078 350 3887-079 1104940

    Demands for Q.Q SECTION

    1. The city must stop fooling our people
    2. We want to be relocated as the city promised us with relocation to Bardel Farm
    3. We need time frames for relocation

    MACASSAR VILLAGE evictees

    As people of Macassar village we note with great concern that.
    1. The city’s demolition of our structures that we have built to shelter our selves was illegal and the city acted in a manner in which was shocking to it’s residents.
    2. The city’s stealing of our building material was out of the question, as a result of that, people at Macassar are homeless due to the city’s criminal act.
    3. And we are saying Dan Plato must stop undermining people of Macassar village,
    4. We therefore demand: our building material (that was stolen by the law enforcement) back as soon as possible
    5. That the city must look for alternative accommodation nearby not to the dumping site, Delft TRA.
    Andiswa Kolanisi 073 699 1839
    Theliwe Macekiswana 083 248 1658
    Nomsa Molongana 078 6872 292

    MEMORANDUM FROM U.T SECTION EGADINI
    1. There is a density of houses in such a way that when there is a fire, fire fighters has no access to do their job so we need streets in order to do that you must remove some residents and allocate them to a serviced land. Another reason we want street is that according to our culture when someone passed away we must take the coffin inside the house before we bury the corpse which is impossible in our area.
    2. We need water taps that are strong enough to last long because the one that we have are common when they are broken we fix ourselves nobody is helping us, only four taps is serving four hundred households.
    3. We need a tall lamp at the middle of the area so that the whole place can be brighter for our security from the criminals.
    4. We also need a proper sanitation because when there are heavy rains the place is full of water.
    5. We are the people of U.T Section Egadini we want to know that where do we go from here , Yes we do have light we want to know about the houses.

    B. Gumata 072 6738486
    M. Mpondo 082 5440 100
    V. Ntontela 071 1136 764

    W.A
    WA informal settlement was established 1986 and the area is a home to 61 families, and does not have even a single toilet and we all depend at 1 water tap and the area is very dense
    We therefore demand that if the city cant provide us with essential services because of the area in which we are situated at, then the city must provide us with alternative piece of land with all the basic services within Khayelitsha or nearby Khayelitsha
    PHAMBILI NGABAHLALI BEMBACU, PHAMBILI. PHANTSI NGABANTU ABANGAFUNI KUSINIKA MHLABA, PHANTSI.
    Ivy Mbotshelwa 083 8960 537
    Luntu Mene 078064 7113

    RR SECTION
    ATTENTION
    As RR we are saying people of this city must not only be recognized when it comes to the elections and neglected after them. Political parties must stop using the poor for their own benefits.
    OUR DEMANDS:
    1. Our houses are flooded because the area in which they are situated at is at flood prone area
    2. We don’t have electricity
    3. We are saying no to city’s chemical toilets, we demand proper toilet
    4. We want to be relocated
    Bobhala Thembelani
    Secretary

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    The City of Cape Town is Politicising Flood Aid & Failing to Deal with the Structural Issues

    Anti-Eviction Campaign Press Release
    Thursday 16 July, 2009

    More than ten Cape Flats informal settlements hardest hit by last week’s floods did not receive any emergency assistance at all from the City of Cape Town or the Provincial Government. This include Tambo Square, Barcelona, New Rest and Gxa Gxa Square in the Gugulethu area. In addition to this, the city continues to ignore the plight of vulnerable backyard dwellers whose homes have been flooded.

    Many AEC communities as well as communities other poor settlements are now in dire straights as a result of recent floods. In Khayelitsha, spurred on by massive floods in their communities, many Abahlali baseMjondolo settlements have closed down Landsdowne Road in protest against the government’s refusal to provide the poor with land or housing.

    But still, the City and Province continues to play favourites only supporting some settlements while ignoring others. Disaster management only shows up at high-profile communities or communities that do not protest against the local DA or ANC councillors. This party politics is destroying Cape Town.

    And yet, while the Anti-Eviction Campaign and other poor people condemn the selective support given to flooded communities, we also strongly condemn the government for their short-sightedness. The floods happen every single year and the government does absolutely nothing to prevent them from happening. They would rather give blankets and soup to distressed families because its good for publicity.

    But these floods are easy to prevent. The government could just build more adequate houses for the poor. An even easier and more sustainable approach would be to grant these poor communities some well-located open and serviced land where they can build their own houses (not TRAs like blikkiesdorp which are worse than informal settlements ). But the government would rather sell off its land to private developers than give it too the poor. So, ultimately, the crisis of flooding in the informal settlements is caused by government’s anti-poor policies. Its not the weather, its the unequal distribution of adequate land!

    The Anti-Eviction Campaign condemns this short-sightedness! How come us poor people understand how to plan for sustainable cities whereas the government officials with all their degrees know nothing about pro-poor development?

    For more information, contact AEC coordinator Mncedisi Twalo at 0785808646.
    Also contact Mbulelo Zuba, AEC community leader from Barelona, at 0736747077


    Fire in the flood, Cape Town, July 2009

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    eShowe: Death Threats, Ban on Political Meetings, Mass Evictions, Corruption, Water Disconnected

    Wednesday, 15 July 2009
    Press Statement from Residents of Tin Town Settlement, King Dinuzulu Township, eShowe

    Serious Crisis in Tin Town as Residents Confront Mass Illegal Evictions, Death Threats, A Ban on Political Meetings, Rampant Corruption and Denial of Basic Services Including Water

    On Saturday, a woman in the Tin Town settlement, King Dinuzulu township, eShowe was threatened with necklacing by the Community Liaison Officer (CLO) for Ward 13 if she held a community meeting in her home to discuss shack demolitions with representatives from Abahlali baseMjondolo in Durban.

    Families are being illegally evicted every Thursday and a total of two thousand families face eviction.

    Residents in Tin Town are living in fear. Political meetings have been banned by the local councillor and when the CLO heard that the meeting with Abahlali baseMjondolo was to go ahead on Sunday he threatened the woman that had offered to host it that she would be necklaced and her home burnt to the ground, with her children inside. Other Tin Town shack-dwellers, seeking to attend the meeting, were also threatened. The CLO said they would be tied up, thrown in the boot of a car and left to starve or suffocate.

    In the past threats of violence against political activities and any attempt at community organising have been issued directly from the councillors’ office.

    The councillor’s office recently cut off the water to the settlement, affecting an estimated 200 households, in efforts to chase residents from their shacks.

    Women in the area have been making telephone calls to Abahlali baseMjondolo day and night. They fear the councillor and they fear the demolitions issued by the Umlalazi municipality that have already left 8 families homeless.

    Council officials have been going door-to-door, telling residents they must tear down their shacks themselves, or else an eviction team will return at any time to carry out the job. Evictions are being carried out every Thursday. On 9 July 2009, 8 families were ejected from their homes and their shacks and all their belongings destroyed by the eviction team. They were not issued with a PIE notice or given warning of the demolition. These evictions were therefore illegal and criminal acts.

    The evictions in Tin Town began upon the completion of the first houses in Sunnydale, a nearby Umlalazi Municipality housing project, constructed by Umpheme Development Pty (Ltd).

    The agreement between the developer and the municipality was that those allocated new houses were to demolish their own shacks. However, the families currently living in Tin Town shacks are renters, and have not been allocated houses. Those who are being allocated houses are shack lords who are not living in the shacks that the own. They are renting out shacks in Tin Town for R130 per month, and living in homes outside the area.

    Therefore the shack lords are collecting their allocated houses, while their renters are being illegally put out on the street with nowhere else to go.

    Residents also say that, while shack-dwellers are being left homeless in Tin Town, families from as far as Pietermaritzburg have moved into the new housing project along with the shack lords.

    In spite of threats by the councillor, a small community meeting, with Abahlali baseMjondolo, went ahead this Sunday. It was held secretly in a nearby forest. It could not be a proper mass meeting because of the death threats. Community representatives at this meeting decided to issue this press release but to do so anonymously because death threats that have been issued against anyone speaking up against the evictions. Since the meeting residents have been calling the Abahlali baseMjondolo head office to say they wanted to attend the meeting but were too scared or had not bee informed about it as open mobilisation was not possible.

    The councillor is a former war lord. He remains a very dangerous man.

    Following the meeting, Abahlali baseMjondolo contacted the Umlalazi municipality and the development agency working on the housing project. They say they were unaware that those living in the shacks were renters and were being left homeless in the demolitions.

    The municipality has accordingly suspended all demolitions in order to investigate the matter. Abahlali baseMjondolo commends the municipality on this action.

    Representatives from the municipality and the development agency are scheduled to visit Tin Town this week. Abahlali baseMjondolo is hopeful that these meetings will prevent any further evictions and homelessness in Tin Town and that shack-dwellers may be granted houses in the new project.

    Currently, in Tin Town, there is only one source of water for 200 families. A pipe sprays water up from the ground, which then must be fitted with a hose to fill a bucket (See photo). There are no toilets and no electricity. This is unacceptable.

    The demolition of homes in Tin Town is part of a provincial effort to rid KwaZulu-Natal of shack settlements in accordance with the notorious Slums Act. Abahlali baseMjondolo has challenged the Slums Act in the Constitutional Court. This is a clear case where demolitions and evictions are benefiting shack lords, and not the people of Tin Town.

    Abahlali baseMjondolo has fought against political repression and threats of violence against residents by councillors and shack lords in other communities. We have won many of these battles – for instance in Motala Heights. The movement condemns the actions of the councillor in Tin Town and will stand firm with Tin Town residents against the councillor.

    We welcome the promise by the municipality and the developer to suspend the evictions and to visit the community to see the situation for themselves. However immediate action must also be taken against the extreme political intimidation in the area – it is unacceptable that a councillor can ban political meetings and issue death threats against people. It is also unacceptable that people are being denied basic services, especially water.

    Problems like this occur when the government and developers negotiate with councillors instead of communities.

    At this stage it is not possible for any contact people in eShowe to be listed on this press release. However we urge the media, the churches and all progressive organisations to visit the area and to see the situation for themselves. However please understand that you will probably have to speak to people secretly and anonymously.

    Updates on the situation in Tin Town can be obtained from the Abahlali baseMjondolo office at 031 – 2691822.

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    15 Protestors Shot With Rubber Bullets in Cape Town

    http://www.khayelitshastruggles.com/2009/07/re-urgent-update-on-abm-wc-protest.html

    Tuesday, July 14, 2009
    Re: an urgent update on ABM-WC Protest

    5 Protestors Shot With Rubber Bullets in Cape Town

    The ABM-WC is calling an end to state criminality of criminalizing it’s members by applying old apartheid tactics of arresting, assaulting, and shooting people with rubber bullets when they exercise their right to freedom of expression and the right to protest.

    The movement will not be silenced by the state under the leadership of so called ANC government, and will continue to be vocal using any forms of engagement.

    The ANC NWC had issued the following press statement, calling on communities not engaging government on mass base activities and as ABM-WC we are calling on to the ANC-NWC not on employing the old regime tactics through using police force to disperse people and we are saying they must come down and listen at peoples demands and not be reactional as their head of human settlement Tokyo who owns a 56 million house, while the poor are struggling to get the security of tenure to the land that they have occupied for years, still dumped our site the cities and living under appalling conditions with no access to clean water and toilets.

    Update no 1:

    More than 15 people were shot at by rubber bullets by reactional SAPS and Metropolice Members at yesterdays protest at Khayelitsha and one of them is under critical condition at Grooteschuur Hospital. He is the only bread winner for his family and he is having 5 children, which four of them are still schooling, and he is between the age of 45 and 50.

    Currently we are not aware of any arrests that have been made and we’ll be able to update the media regard to arrests during the course of the day and with further injuries.

    Currently the Landsdown road from Steve Biko Drive to Bonga drive is still not working and QQ, RR, and BM residents will make sure that today as early as 08:HRS in the morning they continue with their freedom of expression through mass base activities and if Dan Plato and his disaster management team continues with their attitude of undermining the poor, we will also continue with our protest till he comes down to the poor.

    PLEASE NOTE: on the 20th July 2009 Abahlali baseMjondolo Western Cape will be marching to the City of Cape Town in support of Macassar Village land occupation and against city’s illegal demolitions of peoples structures at Macassar Village and in demand of peoples material that were confiscated illegal by so called city’s anti land invasion unit.

    for more info please call:

    for macassar village please call Theliwe Macekiswana at 083…

    For Khayelitsha Protest please call Mbongeni Mkhalipi at 076 981 6945 for QQ and RR
    Mthobeli Qona at 076 875 9533 for QQ, RR and BM
    Cebo at 073 5657850 for PJS

    For ABM-WC march and further information please call Mzonke Poni ABM-WC chairperson at 073 2562 036

    ANC NWC MEDIA STATEMENT ON SERVICE DELIVERY PROTESTS

    The African National Congress (ANC) National Working Committee (NWC) today (13 July 2009) held its regular meeting at Chief Albert Luthuli House in Johannesburg to deliberate on various challenges facing the organisation.

    Noting the various service delivery protests in some parts of the country, the NWC expressed concern at the violent nature of the demonstrations. The burning of buildings and stoning of vehicles have been among the violent tactics employed by the protesters.

    We call on our people to stop the violence and engage meaningfully with leaders at all levels to express their concerns.

    Issued by:
    Brian Sokutu
    African National Congress
    Chief Albert Luthuli House
    54 Sauer Street
    Johannesburg 2001

    13 July 2009

    Enquiries:
    Brian Sokutu 071 671 6899

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    AbM Western Cape: 15 Settlements to March in Support of the Macassar Village Land Occupation

    http://www.khayelitshastruggles.com/2009/07/re-press-for-immediate-release-abm-wc.html

    Tuesday, July 14, 2009
    RE: Press for immediate Release (ABM-WC Protest)
    Abahlali baseMjondolo Western Cape will be Marching to the offices of the City of Cape Town on the 20th July 2009 in support of Macassar Village Land Occupation.

    Lansdown Road is Currently Barricaded

    It will be joined by 15 informal settlement throughout Khayelitsha that are the part of the Movement, all the areas that will participate at the march will submit their own list of demands in a view to make their voice heard by the new Mayor of City of Cape Town.

    While the Movement is busy organizing the March 5 communities from Khayelitsha (i.e. QQ section, RR Section, BM Section, PJS Section and NN Section) who will participate at the march have joined forces together and are currently engaging on a protest, as we speak the Lansdown Road from Bonga Drive to Steve Biko drive is barricaded by burning tyres, rubbish and stones.

    As the ABM-WC is expecting other communities to engage at mass base activities is also calling to all other struggling communities within the City of Cape Town to come out and make their voice heard through engaging at mass base activities, so that the officials and politicians can see that it is not communities that affiliates to ABM-WC who are struggling but all the communities.

    for more info please call

    Mtobeli Qona
    076 875 9533

    Mbongeni Mkhalipi
    076 981 6945

    Cebo
    073 565 7850

    for ABM WC contact Mzonke Poni the Chairperson @ 073 256 2036

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    Kennedy Road is Burning Again – The Fires Must Stop, the Settlements Must be Electrified Immediately

    Click here for pictures of the rebuilding after the fire.

    8 July 2009, 3:44 a.m.
    Emergency Press Statement from Abahlali baseKennedy

    Kennedy Road is Burning Again – The Fires Must Stop, the Settlements Must be Electrified Immediately

    Our settlement is burning again. More than twenty shacks have been lost. It's too early to say if anyone has been hurt or killed in this fire.

    The cause of the fire was, again, a paraffin stove which means that, in reality, the cause of the fire was again the eThekwini Municipality's inhumane refusal to provide electricity to shack dwellers or to allow us to access electricity on our own.

    Why are we left to burn like this? Why do our lives count for nothing? Why are we shot at when we march against the fires or take direct action on our own and electrify our communities ourselves?

    Tokyo Sexwale, you say that people struggling for decent and safe houses in the cities are trying to 'render the country ungovernable' and that there will be 'zero tolerance for anarchy'. You yourself have said that one of the reasons why you took up arms against apartheid was that apartheid's matchbox houses were unacceptable. But now that you live in a R56 million house you say that our protests must be crushed by the police. The conditions in our shacks are much worse than those in matchbox houses. The conditions in the transit camps to which we are being evicted all over the country are much worse than in the matchbox houses. Will you have the decency to come and live with us in a shack settlement for even just one week, and then in a transit camp for even just one week, before you so recklessly decide that shack dweller's demands for decent housing are a threat to society?

    Obed Mlaba and Mike Sutcliffe we read in the newspapers that you shouted with joy and that your eyes filled with tears last Friday as your stepped on to the top of the new football stadium. We have never heard you shout in anger or weep in pain when we have burnt. You showed no emotion when your police shot at us and beat us. You were not even moved when a frail elderly lady was shot 6 times in the back with rubber bullets or when a priest was beaten by your police when we were marching against the fires in 2007. Where is your humanity? Why can't you see that your stadium has eaten money that could have built us houses and electrified our settlements? You might think that your stadium is beautiful but all that we see as we go past it are the children that wake up screaming in the night because of the relentless fires that your greed and lust for power have caused. All that we see are the lives that have been broken and all the funerals that we have attended. Will you have the decency to come and live with us in a shack settlement for just one week before you so recklessly decide to waste the people's money on the vanities of the rich while the poor burn and burn and burn?

    Shack fires are not accidents. They are a politician-made national emergency. We refuse to accept that it is normal for us to burn.

    We must and will do what ever it takes to make our communities safe.

    We invite all movements, trade unions and churches in South Africa and around the world to join us and our comrades in the Poor People's Alliance in refusing to accept that it is normal for the poor to burn. Read our report on shack fires. Struggle with us against the fires and for safe cities for all. Do not allow Sexwale, Mlaba or Sutcliffe to ever appear in public without having to answer for the fires that they are causing.

    For more information contact Mashumi Figlan at 079 584 3995.

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    N2 Gateway flats to March on Zille to demand community management and acceptable rents – Tuesday

    AEC Press Release
    On behalf of the N2 Gateway Phase 1 Flats (also known as Joe Slovo Phase 1)

    Event: Residents of the N2 Gateway flats will march on Helen Zille to demand radical changes in the project’s management and normalization of rents
    When: 11h00 on 30 June 2009
    Where: from Keizersgracht to the provincial office of Helen Zille
    Contact: Luthando 079 896 6126 at and Jimmy at 073 158 4835

    NO TO EXORBITANT RENTS AT N2 GATEWAY! NORMALISE OUR RENTS!

    NO TO MANAGEMENT FROM JOHANNESBURG! VOETSAK THUBELISHA!

    WE WANT LOCAL MANAGEMENT UNDER OUR CONTROL!

    Since we moved into the N2 Gateway flats we have been very unhappy. The flats were very poorly constructed and the rents were much higher than we had been told when we applied for the flats. We pay up to R1050 in rent for defective flats. That is what people paying for bond houses pay, but we are not buying our houses, but only renting them for life! Because of this, we have been on rent boycott for two years. We have raised these issues time and again with Lindiwe Sisulu, Richard Dyantyi, and the Thubelisha management but our complaints have fallen on deaf ears.

    In Langa people in the newly-built “show flats” pay maximum rents of R290 and in the old ‘new flats” rents of R40. It is unfair that we should be paying exorbitant rents of up to R1050. We are paying for the well-publicised corruption and overspending that went into the building of the N2 Gateway flats.

    We are crying because we are being abused. We demand that our rents be normalised!

    We are sick and tired of being managed from Johannesburg. People in Johannesburg do not care about our problems and ignore us when we try to contact them. We are being remote-controlled. We do not need or want Thubelisha, nor its replacement, the National Housing Agency. They must voetsak!

    We are well capable of managing our own flats as a community. We demand a management system under our control!

    We have no faith in any political parties. We are addressing this memorandum to you, Helen Zille, not because you are in the DA. but because you are in power in the province and the province still bears responsibility for the N2 Gateway project.

    We ask you, Helen Zille, and your housing MEC to, jointly with the Anti-Eviction Campaign (who have consistently supported our struggle) convene a meeting of all relevant stakeholders to negotiate and conclude a decent and fair way forward. We demand your personal involvement – it is crucial to this meeting.

    The N2 Gateway project was supposed to be a flagship pilot project for the whole country. For us, its first residents, it has been a disaster. We want to change that! We will change that!

    PHANTSI THUBELISHA!
    PHAMBILI THE STRUGGLE OF N2 GATEWAY RESIDENTS!
    AMANDLA NGAWETHU!

    Form more information contact Luthando 079 896 6126 at and Jimmy at 073 158 4835

    This march is being carried out with the support of the Western Cape Anti-Eviction Campaign, Abahlali baseMjondolo of the Western Cape and Joe Slovo Informal Settlement. We recognise that communities all over Cape Town are affected by the failure of the N2 Gateway project. This includes the communities of Joe Slovo, Symphony Way and Blikkiesdorp who are all going through struggles relating to the failure of top-down planning and N2 Gateway corruption. To learn more about how the N2 Gateway affects other communities contact Mncedisi at 0785808646, Mzonke at 0732562036, Mzwanele 0763852369.

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    live or die for (eNkwalini)

    The film is about the eNkwalini community’s struggle for land rights. It highlights the attacks by the local neighbouring farmer who has been trying to evict them since 2005 when he started to demolish their houses. The film tells a story of a rural community that is waging a struggle against ferocious tides of oppression. It is a story about a territorial war between the poor rural community and rich land owner. It is a story that reminds us that although South Africa may be celebrating 15 years of democratic rule, however, conditions under for those who are poor and marginalized, such as the rural and farm dweller communities, have hardly changed. For them it is not yet “uhuru” (freedom).

    One of the houses shown in this film is a debilitated homestead that used to belong to the Shandu family. After many years of participating in the local community’s struggle to defend their territorial rights the Shandu family gave up and left on the grounds of voluntary eviction. Mr. Zulu who narrates the Nkwalini story in this film states that after numerous attempts of constructive eviction by the local neighbour farmer such as unlawful cattle impoundment, denial of access to water and public servitude road, threats of violence, damage to property (with almost impunity) the Shandu family joined a small group of local residents who ended up succumbing to this constructive eviction exerted upon them by this local farmer.

    The Nkwalini community is an affiliate member of the Rural Network (RN). The RN is a non-partisan alliance of various communities who live on rural and farming areas in KwaZulu-Natal province of South Africa. It was formed in the late 2005 as an initiative to mobilize and keep connected for purposes of strengthening solidarity among those who suffer abuses of their land rights and basic democratic rights.

    Reverend Thulani Ndlazi

    To see more short films by Elkartasun Bideak click here.

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    Fire Devastates the Kennedy Road Settlement – At Least One Hundred Homes Destroyed

    16 June 2009
    Press Statement from Abahlali baseKennedy

    Fire Devastates the Kennedy Road Settlement – At Least One Hundred Homes Destroyed

    The Red Devil Must be Defeated

    Today is the 16 June, Youth Day, the anniversary of the 1976 Soweto Uprising. In Johannesburg and Cape Town our comrades are struggling for the people to take this day back from the politicians.

    Here at the Kennedy Road settlement we are burning, again. At about 1:30 last night a fire started after a paraffin stove was left unattended while a couple argued. Before it was put out around 100 shacks had burnt. At least 300 people have been left homeless. One woman has been very badly injured and has, only just now, been taken to hospital.

    By the end of last year the Kennedy Road settlement had burnt 9 times. Since 2005 we have lost 5 people to fire in Kennedy Road. And it is not just Kennedy Road that has had to confront the plague of fires. In his 2008 end of year speech to the whole movement S’bu Zikode declared last year as the year of fire.

    We have marched against fires and been shot at and arrested for marching against fires. We have organised a City Wide Summit on Shack Fires. After that summit we declared to the world that to live with constant fires is to live in a constant state of emergency. We have prepared and circulated a carefully researched report on shack fires. Bishop Rubin Phillip has said very clearly that the fires must be stopped and that our struggle against the red devil is just.

    But the response from the City is always the same.

    When we connect ourselves to electricity in order to make ourselves safe they send in their men with guns to disconnect us. They arrest us. They beat us. Sometimes they even shoot us. The result of this is more fires.

    The first thing that happens after a fire is that government officials rush to blame the victims. They will say that we burn because we are drunk or because we are uneducated. They want to do this so that it seems that the oppressed are responsible for our own suffering. But as we have said so many times the rich also get drunk, they rich also get distracted by a child and the rich also have arguments. Some of us work in their houses and we know that this is true. They are not different to us. The only difference is that the rich have electricity and so leaving a stove unattended for a moment or knocking over a lamp doesn’t cause a fire.

    When the fires happen a community will get very little support from the City. If the community is weak or divided the fire will be used as an excuse to force people into transit camps. The power to allocate the government shacks in the transit camp will be given to the people close to the councillor so that they get power over the settlement. Sometimes people who are critical will be left homeless. This has happened in Foreman Road and in Jadhu Place.

    The government will say that people must accept the transit camps, which often means relocation, because they will be safe there. But in fact it is perfectly possible to electrify the settlements where they are and it is perfectly possible to electrify shacks as they are. Everybody knows that until 2001 the eThekwini Municipality used to electrify shacks. They stopped this at the same time as they started their notorious ‘Slum Clearance’ programme.

    People are getting desperate, very desperate. After today’s fire some people wanted to attack the woman who had left her stove unattended. We had to protect her – we had to request the help of the police to keep her safe. It is not surprising that some shack dwellers are responding to armed electricity disconnections by disconnecting the rich.

    We need to be very clear about the fact that across the country there is a war on the poor. Everywhere shack dwellers are under attack. Everywhere street traders are under attack. Everywhere the state does not see any need to follow the law when attacking us. Everywhere we are being driven out of the cities and dumped in transit camps. It is clear that we are being left to burn because we do not count. But it is also clear that we are also being left to burn because the fires assist the state in bringing us under their control and driving us out of the cities.

    Enough is enough. The fires must stop.

    Our demands are simple and they are clear.

    1. The state must immediately electrify all shacks with the same urgency and speed with which they built the stadiums for 2010. While people wait for electrification they must be allowed to electrify their own shacks themselves.

    2. The settlements must be upgraded where they are with democratic
    development methods and this must be undertaken with the same urgency and speed with which the state built the stadiums for 2010. When the state is not able to house the people they must be allowed to build their own structures and in fact supported to do this.

    3. There must be a moratorium on the sale or private development of all urban land until the people are housed.

    We wish, again, to thank the Fire Department for their support. For some time now they have given us excellent support. They treat us as if we are people that do count. They come when we call them and they risk their lives for us. We deeply appreciated it.

    However we note that it is now more than 12 hours since the fire started. The media have all come. But there is still no word from the City. Perhaps they are too busy evicting and shooting at street traders to help us.

    In fact certain officials in the Housing Department of the eThekwini Municipality have made it quite clear that they intend to punish us for organising ourselves and speaking for ourselves. They consider this to be a very serious offence, a crime. They are determined to make sure that we must suffer because we have not accepted the policies of the ruling party. In South Africa there is no distinction between the party and the state. If you offend the party by speaking the truth then you offend the state and you will be punished by the state.

    We have 300 people who are homeless. We need support. Any donations of food, clothes, blankets and building materials will be highly appreciated.
    For further information and comment please contact:

    Thina Khanyile, Deputy Chairperson, Kennedy Road Development Committee (and one of the Kennedy Six): 078 289 1314

    Bheki Simelane, Member of the Kennedy Road Development Committee: 078 598 9491

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    June 16th Commemoration to be Held at the Macassar Village Occupation

    Click here to read the report on this event in the Cape Argus.

    Abahlali baseMjondolo of the Western Cape Press Statement
    15 June 2009

    June 16th Commemoration to be Held at the Macassar Village Occupation

    Every year since 2005 Abahlali baseMjondolo has de-celebrated Freedom Day by holding UnFreedom Day in Durban. Now that tradition will continue in Cape Town and Johannesburg as the Poor People's Alliance organises to begin the process of taking back our history of struggle from the politicians. This history belongs to the people and tomorrow the Poor People's Alliance will be retracing the route of the 1976 June 16th protest in Soweto, Johannesburg. Here in Cape Town we have been focussing on mobilising other communities to support the Macassar Village Occupation. During these meetings we have discussed what would should do to take forward the programme of the Poor People's Alliance on June 16th.

    We have decided to hold our event on the site of the Macassar Village Occupation and with the brave comrades who continue to hold the land there. We will discuss the meaning of June 16th for us today and how to take that spirit of resistance forward today. We will also discuss how we can support Mzonke Poni when he appears in court again on a trumped up charge on 17 June 2009 while the government officials who break the law by demolishing shacks illegally, even against court interdicts, and assaulting and intimidating people remain free.

    For more information on the Macassar Village Occupation visit these links:

    # http://www.abahlali.org/?cat=1255
    # http://www.khayelitshastruggles.com/search/label/Macassar
    # http://www.khayelitshastruggles.com/search/label/Macassar%20Village
    # http://en.wordpress.com/tag/macassar/

    For further information on tomorrow's June 16th event at the Macassar Village Occupation please contact:

    Theliwe Macikiswana:083 248 1658

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    The deficiency of reality in the Joe Slovo judgment

    Click here to read this article in a word document, here to read a version published by Pambazuka and here to read previous entries on the Joe Slovo settlement.

    The deficiency of reality in the Joe Slovo judgment

    Kate Tissington
    15 June 2009

    The highest Court in South Africa has decided the fate of the 20 000 Joe Slovo informal settlement residents to be evicted to Delft to make way for the N2 Gateway housing project, in what is a disappointing and frustrating judgment that orders their eviction, albeit on the proviso that engagement occurs and that certain mitigating measures are undertaken.

    Two years spent battling the possibility of this mass eviction has ultimately resulted in a naïve patch-up job by the Constitutional Court, whose actions have allowed the government to make appallingly triumphalist statements like “a better life beckons for the people of Joe Slovo informal settlement. The Court has pronounced its judgment, and the biggest winners are the families who will soon put the misery of shack dwelling behind them.” What shameless spin and utter nonsense.

    What follows can be described as a personal ‘insider’ reaction to the judgment and why it is disturbing, given what many already know to be the sad reality of the N2 Gateway project and what I have learnt over the last two years being involved in the case. In many respects I am most likely preaching to the converted. It was written in response to a preliminary reading of the judgment and does not constitute a rigorous academic or legal analysis of it. Indeed, I doubt anyone has yet to fully digest all 220 pages of the judgment and in the next few weeks and months it remains to be seen how the engagement process between the parties will play itself out. There is surely much incisive analysis and commentary still to come.

    What I argue below is that despite the Court’s ordering of meaningful engagement and the provision of alternative accommodation for all Joe Slovo residents, the reality is that the N2 Gateway project was never conceived or implemented in a reasonable manner, and the mass eviction sought in its name is thus unreasonable. There are manifold reasons for this and I will touch on the socio-economic impact of eviction to Delft; government’s persistent misunderstanding of informal settlement upgrading; the numerous flaws with the N2 Gateway project as described by its provincial project manager and recently exposed by an Auditor-General’s report; the choice of Delft as a site of temporary relocation and the reality of life in Delft TRAs; problems with the deeply political bent of the project; and what N2 Gateway looks like at Joe Slovo at present. Finally, the deeply problematic belief (which the Court has seemingly adopted) will be discussed, which implies that simply because there is a ‘good’ end (in this case the delivery of some low-cost housing), there is justification for top-down, bureaucratic and unacceptable means that render many people worse off.

    The Joe Slovo case and judgment(s)

    Sitting in the Constitutional Court and listening to Justice O’Regan read out the order, one got the sense of a Court completely naive and out of touch with reality, failing at its duty to adjudicate on socio-economic rights compromised by bad implementation of wrongly interpreted government policy. The Court refused to condemn the eviction of Joe Slovo residents to Delft, which will result in an uncertain future for them in so-called ‘temporal housing’ (basically, government shacks) managed by that defunct and debatable “national public entity” called Thubelisha Homes. Lest we forget that this agency is now technically insolvent.

    The Court, unwittingly or not, has effectively allowed government to get away with a national project that was misconceived from the start, described by many as merely a grandiose ‘vanity project’; implemented with no consultation or bottom-up planning; and which is contrary to the spirit and letter of national housing law and policy and the Constitution. This, despite it being the pilot project for the Breaking New Ground (BNG) housing plan.

    This failure is sadly true for every one of the five judgments, despite agonising individual attempts by Yacoob, Moseneke, Ngcobo, Sachs and O’Regan to defend their devastating ‘consensus’ to grant the eviction order. The order is highly problematic, regardless of the mitigating efforts made by the Court to render the eviction more “humane”, by ordering ongoing meaningful engagement, setting standards for the alternative accommodation at Delft and stipulating the 70% allocation for current and former Joe Slovo residents.

    There is perhaps an element of sympathy with the Court’s predicament – this was obviously not a straightforward case for them to adjudicate. The legal strategy of the applicants was to argue this highly complex case on the most winnable legal points, which also happened to be rather technical, arguing that the residents had tacit consent to occupy the land, were thus lawful occupiers and were entitled to adequate notice before their eviction, which never occurred. Therefore, there are no grounds to evict. Given the nature of the case and that of the Court, this tactic was not necessarily wrong. However, it has unfortunately resulted in over 220 pages of a judgment which still condones a mass eviction (including 25 pages spent by Justice Yacoob agonisingly unpacking the nature of ‘consent’).

    It should be stated at this point that the above comments in no way serve to bolster recent criticisms made by Judge Hlophe (who initially ordered the eviction of the residents in the Cape High Court with no regard for their predicament or provision of mitigating measures). He attacked the Constitutional Court for their long judgments and the “complex and scholarly” manner in which they write them, stating that the Court has a responsibility to write simple and accessible judgments which can be understood by ordinary people. While this is undoubtedly an enduring problem with the judiciary and needs to be addressed urgently, it is rather a cheap shot from Hlophe. Most likely Joe Slovo residents did not really care that when their eviction was ordered by him it was done in a short, “simple and accessible” judgment. Content that favours “ordinary people” is surely as important as the form it takes.

    During the hearing, the Court expressed some distaste at the technical line of argument followed, in a case they viewed as so clearly being about more complex issues of justice and equity. The amici curiae submission by the Community Law Centre (CLC) and Centre on Housing Rights and Evictions (COHRE) attempted to counter this ‘deficiency of reality’ by providing the Court with insight into how the N2 Gateway project runs contrary to international best practice and South African housing law and policy, explaining why the temporary relocation areas (TRAs) in Delft do not constitute adequate alternative accommodation for Joe Slovo residents considering their lived reality, and stressing the lack of meaningful engagement throughout the project.

    However, this information came to the Court as ‘an aside’ in a sense, and they clearly did not it into account sufficiently. Likewise, information known by those actively working on the project, like the provincial project manager I will mention below and that which has emerged from the Auditor-General’s report, was never going to make it to the Court. Thus its ability to properly or fully decide whether an eviction would be “just and equitable”, given the realities of how and why the socio-economic rights of Joe Slovo residents are affected by misinterpreted government policy and its thoroughly flawed implementation, was constrained by its focus on addressing, and rebutting on the whole, the technical arguments presented.

    And yet there are many reasons why the Court should not have granted the eviction order. While conducting research for the amici submission on the socio-economic impact of the removal to Delft, as well as how and why the N2 Gateway project looks the way it does, I came to several obvious conclusions.

    Socio-economic impact of eviction to Delft

    Firstly, it is clear that the lives of Joe Slovo residents will be severely disrupted if they are forced to move to Delft. This conclusion is not simply an academic one, but emerges from hundreds of affidavits submitted to the Court, which provide testimonies of Joe Slovo residents facing eviction to Delft. Even Thubelisha acknowledges this much (although they assert, misleadingly, that this will be merely a temporary disruption). At Joe Slovo, residents are close to Langa, Pinelands, Epping and other economic hubs where jobs and food can be easily sourced. Children attend school within walking distance, young adults attend night classes which they are able to make in the evenings due to proximity, and gogos attend churches they have frequented for 15 years. The settlement is close to Cape Town CBD, and there is a cheap train network operating, making commuting brute early and late at night to and from work easier for people. There is no train network in Delft, transport is expensive and the TRA settlement is more than 15 kms further from the City.

    Due to their poverty, residents lead fragile existences and therefore a strong community and social networks are extremely important to mitigate its effects. A telling quote from a resident sums this up well: “Delft is a new place, and we do not have a community there. I have visited Delft. Houses are built from asbestos and are brittle. My things will not be safe inside. It is fine for rich people to live in a place without a community, because they can afford expensive security. We cannot. We need our community to be safe.”

    Thubelisha’s assertions that the move to Delft will be merely a “temporary hardship” for Joe Slovo residents have been misleading and shameful, and will be discussed further below.

    Government misunderstanding of informal settlements

    This leads me onto how and why the N2 Gateway project looks the way it does. Firstly, from the above, it is clear that the project never took the actual lived realities of Joe Slovo residents or their needs and desires into account in the process. The decision to do a massive relocation rather than in situ upgrading on the site was never adequately explained by government (further, neither was the decision not to build more densified housing typologies at Joe Slovo).

    One likely reason seems to be that government, despite its progressive informal settlement upgrading programme (Chapter 13 of the Housing Code) included in BNG in 2005, has consistently misinterpreted ‘slum eradication’ to mean demolishing informal settlements. According to Marie Huchzermeyer, professor at the Wits School of Architecture and Planning and informal settlement policy expert, the national Housing Act, Code and BNG policy, as well as international best practice, all speak to indirect measures that need to be taken to improve the lives of shackdwellers, and which will ultimately result in the eradication of the need for informal settlements and thus actual informal settlements themselves. Government continues to misinterpret this goal as being about eliminating the symptoms of the problem, rather than addressing its causes. Informal settlements are a reasonable and legitimate response to apartheid geography and a major housing backlog in South Africa. If this had been taken into account by the project, and a real dedication shown to the true spirit of informal settlement upgrading, the N2 Gateway project would have undoubtedly looked very different.

    N2 Gateway – a flawed project by all accounts

    Second on this point, from the outset there was no real consultation with Joe Slovo residents, and the project was condemned at the time by non-governmental organisations working in the settlement, who later pulled out of the project citing lack of bottom-up planning and engagement. During research conducted on the N2 Gateway project by the Centre on Housing Rights and Evictions (COHRE) in November 2008, I spoke to the N2 Gateway project manager at the Western Cape provincial department of housing.

    He slammed the project and revealed that there has been no proper communication between Thubelisha and the provincial department; that Thubelisha is poorly managed and largely incompetent; that there has been no community participation in the project; that the situation at Delft is dire; that there have been endless problems with contractors at the Delft site; and, finally, that there is an acute lack of an efficient and transparent TRA allocation process which has led to major corruption and the bizarre situation of beneficiaries not being found for newly built houses and them standing empty once completed. According to him, when houses were finished in Delft 7-9 and they needed to hand over the units, there was no list of beneficiaries from Thubelisha and they had to “just find and put people in.” People had not been signed up fast enough in the TRAs to be put through the provincial Housing Subsidy System (HSS) in order to be allocated a house.

    In April 2009, a damning report on the special audit conducted by the Auditor-General for the National Department of Housing emerged (it was written in June 2008), which found serious problems with the N2 Gateway project and its implementation. Among these:

    • Lack of adequate planning and lack of approval of a business plan before construction started;
    “Fruitless and wasteful expenditure” occurred since reasonable care was not exercised during the planning phase;
    • Identification and securing of sufficient land was not finalised prior to construction;
    • Adequate geotechnical surveys not conducted before construction;
    • No clear roles and responsibilities defined between the different spheres of government;
    • Selection of beneficiaries not finalised prior to the commencement of construction;
    • Affordable housing was not provided for the target market identified: “The national Housing Code, the Breaking New Ground plan and the draft business plan were not consistent with regard to the qualifying criteria for proposed beneficiaries, especially in respect of the monthly household income requirement. It was also noted that the criteria communicated to the different communities were not consistent.”
    • Overambitious time-frames adopted. As of 31 May 2007 (two years after project commenced) only 5% units of the revised planned units had been completed, while 21% of the total budget had been utilised;
    • Initial project manager was appointed despite being ranked number 6 in the evaluation committee’s evaluation, not preparing costing in compliance with the terms and conditions of the request for proposal, lacking sufficient in-house and specialist expertise to perform various project management functions, and was furthermore paid project management fees exceeding the norm and which were not performance based;
    • Thubelisha was appointed without following a proper procurement process.

    It was clear from my meeting with the gatvol provincial official (and now supported now by the Auditor-General’s report) that the entire N2 Gateway ‘housing delivery’ exercise has been, and continues to be, extremely technocratic and top-down. He explained this to me aptly as there being ‘no matching up, no bottom up’ and it was clearly visible when we discussed what would happen if the Joe Slovo eviction order was granted and he frantically shuffled around maps and numbers on his desk. According to him, there is simply no more space left in Delft.

    Delft was a last resort

    It is important to note that the decision to move residents to Delft was never a preordained or beneficial one for residents, as government has spun it to the media. According to a report by the Development Action Group (DAG), Delft was a last resort for establishing temporary accommodation, following several months of lengthy and unsuccessful negotiations to find suitable land for relocation. The decision came after no less than 17 other sites closer to Joe Slovo were considered, in the first instance to relocate those affected by the fire at Joe Slovo in 2005, and later for those envisioned to be removed to make way for Phase 1 of N2 Gateway.

    The reason these 17 sites were rejected in 2005, including the preferred sites in Epping and Langa, was due largely to objection by Langa and Athlone residents, and organisations like the Epping Industrialists Association and Pinelands Residents and Ratepayers Association, amongst others. Unsuitability of land and other reasons, which mainly included anticipated community opposition, were also cited for rejecting certain sites. Eventually, the only feasible site was the former hostel site on the edge of Langa and a planned cemetery site on the edge of the built-up area in Delft. Thus, Delft TRA was born.

    Life in Delft TRAs

    A March 2007 survey conducted by DAG entitled Living on the Edge: A Study of the Delft Temporary Relocation Area concluded that 63% of respondents were unhappy about living in the TRA, mainly due to being on the periphery of the city and the resulting high transport costs, as well as dissatisfaction with the TRA structures summed up by one resident as “being very cold during winter, very small and, above all, they are not safe.” Further, people talked about their social and economic networks being severely disrupted; service provision lacking (poor maintenance of ablution blocks, lack of electricity, dissatisfied with access to water and washing facilities, refuse removal); overcrowding; tension with existing backyarders in Delft; loss of jobs as a result of the move (due to high cost of transport, lateness for work) and less opportunity to look for informal work; the need to spend money and time on their so-called ‘temporary shelter’; and unhappiness with levels of crime in Delft.

    In its recommendations, DAG cited the importance of location and the enormous impact it has on households’ income and expenditure and on their social networks. It stressed that the impact of relocation needs to be analysed carefully before decisions are made as it can leave people worse off, even if some of their living conditions are improved as a result. Apart from the socio-economic impact of the move on households, the survey also highlighted the potential burden on the government to provide a larger social safety net and to mitigate the social problems caused by the relocation to a peripheral area like Delft. Indeed, the mitigation measures handed down by the Constitutional Court, particularly their ordering “the provision of transport facilities to the affected residents from the temporary residential accommodation units to amenities, including schools, health facilities and places of work”, speak to this.

    The survey points to how the burden on the state to provide a social safety net often increases due to relocation, particularly as “living in relative isolation in areas such as Delft can give rise to an increase in the occurrence and variety of social problems, which in turn can create high levels of social instability. This instability is already evident in greater Delft, and although government carries the cost in its expenditure on, for example, crime prevention, the social cost is also borne by the households who live in these areas.”

    There has always been the fear that Delft TRAs would become permanent accommodation for those removed from Joe Slovo to Delft and who do not qualify for housing subsidies. Gerald Adlard, who administered the N2 Gateway project for the Western Cape provincial department of housing in 2006, stated in his affidavit for the applicants that it is precisely for these particular people that an upgrading project, such as could have been provided at Joe Slovo, should have occurred. He further stated that “TRAs are meant to provide emergency housing for disasters, such as fires and floods, not accommodation for the poor so that the land that they occupied can be provided for the better-off.”

    And what about those who relocated from Joe Slovo over three years ago to Delft? Many are still living in dire conditions in shacks in the Tsunami TRA, watching houses being built across the road and waiting for one to be eventually allocated to them.

    Politicking vs. progressive realisation of housing

    Another important point that should not be sidelined is that of the deeply political bent of the project. N2 Gateway came to its zenith during the period when the DA controlled the City and the ANC controlled the Western Cape province. The project has been as much about political campaigning and mud-slinging as it has been about low-cost housing delivery.

    The fact is that there are thousands of people living in backyard shacks in and around Delft who qualify for government houses, and who have been living in the surrounds as long as Joe Slovo residents have been at Joe Slovo. Allocation of houses should have been based on meeting a housing demand and need that existed on the ground, not playing around with percentages that favoured particular political constituencies or showed up rival political parties. There continue to be families living along Symphony Way in Delft who were evicted from N2 Gateway houses that they occupied in protest of the project and its flawed allocation process. They refuse to move to TRAs for many of the same reasons Joe Slovo residents do not want to move there, and now face eviction by the City.

    It is common knowledge that the DA pulled out of, and has repeatedly slammed, the N2 Gateway project in the past. It is going to be very interesting to see how the former ANC-led provincial government, who played largely a monitoring and allocation role in the project, and who recently became DA, are going to respond to the judgment.

    The end cannot justify the means

    Indeed, Joe Slovo residents’ only ‘mistake’ has been to access well-located land in the city and build shacks there, in the context of a massive housing backlog and the continued legacy of apartheid spatial planning. The irony (unfortunately more common and malevolent than the Court appreciates) is that this mass eviction is part of a low-cost housing development being implemented by government, ostensibly to provide poor people with housing. This cannot and should not serve as simple justification for its manifold failures. If a golf estate was to be built on Joe Slovo informal settlement would the Court have even entertained the thought of a mass eviction? Highly unlikely.

    N2 Gateway to date at Joe Slovo – a farce

    The reality is that Phase 1 of N2 Gateway has resulted in very poorly constructed rental units built at Joe Slovo, which have turned out to be unaffordable to the low-income bracket. According to the Auditor-General’s report, “although the average income of households in the region was approximately R1 200 per month according to the earlier versions of the business plan and communities had raised their concern regarding affordability, the actual tenant profile indicated that the income of 99,6% of the current tenants ranged from R1 500 to R7 500 per month.” Since mid-2007, Phase 1 tenants have been on a rent boycott as they claim no one is willing to address their concerns over unacceptable rent increases and poor living conditions in the flats. The Auditor-General’s report also revealed that despite the R40 000 per unit overrun, there were problems with the units including cracks, doors not fitted properly, uncovered drainpipes and blocked drains. Apparently, the certificate of completion for the building contract was erroneously issued.

    Phase 2 consists of ‘affordable bond’ houses, which are distinctly unaffordable to Joe Slovo residents, as well as what Thubelisha refers to as a “show village” of subsidised BNG houses. Standing in Joe Slovo settlement, looking next-door at what has been built already as part of N2 Gateway, the only logical conclusion would be: “hold on, there is no way this is project is going to benefit me and I am far better off here in my shack than living in extended limbo in a shack in Delft.”

    One of the Court’s mitigating measures, which stipulated that 70% of BNG houses to be built at Joe Slovo must be allocated to current or former Joe Slovo residents, cynically leaves one phrase ringing in my head – 70% of nothing, is nothing. Indeed, even if the 1500 BNG houses were built on the site (and Thubelisha has two weeks to inform the Court if this is still the case), this would only mean that 1050 would be allocated to Joe Slovo residents. There are over 4000 households currently living at Joe Slovo.

    Going forward?

    It remains to be seen how the engagement process, as outlined in the order, will play itself out and if the parties can engage productively and come to an agreement. Given the reality of the project and the Court’s exhaustive mitigating provisions, it appears unlikely that the eviction can go ahead as envisioned. However, while this inability to effect the eviction order would probably be a blessing for Joe Slovo residents (not least because the inability will be expressed by them in the ‘meaningful engagement’ process), it does not vindicate the Court’s judgment(s), which remains technical, cowardly and naïve in the face of the obvious.

    Kate Tissington is a researcher at the Centre for Applied Legal Studies (CALS) at Wits University. She writes in her personal capacity.

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    Urgent Statement from Several Members of the Macambini Development Committee and the eMacambini Anti-Removal Committee

    Sunday, 14 June 2009

    Urgent Statement from Several Members of the Macambini Development Committee and the eMacambini Anti-Removal Committee

    We are concerned about recent statements made by Inkosi Kayelihle Wiseman Mathaba in the media. He was quoted as saying that he is now supporting the project by Ruwaad Holdings in Dubai to build the ‘AmaZulu World’ themepark that will result in the forced removal of 10 000 families from their ancestral land.

    He is not speaking for the community. He cannot represent the views of the Macambini masses on this question as they were not consulted. Therefore we, and the people that we have been elected to represent, distance ourselves from his pronouncements.

    Our position remains consistent. We will not accept any form of ‘development’ if it results in evictions. We cannot accept any development where the masses pay the price for the enrichment of the few. However we are open to proposals for development that will create wealth for the whole community without resulting in evictions. It still seems to us that the proposed development by Sport City International will be able to achieve this. It is much smaller but much more humane.

    Construction on ‘AmaZulu World’ was supposed to begin in December last year. It did not as a direct result of our struggle. We will not accept any development that results in any evictions and we will, therefore, never accept the ‘development’ proposed by Ruwaad Holdings. Neither the former Premier (S’bu Ndebele), the King or the Inkosi have the right to give the people’s birthright to Ruwaad Holdings. The Macambini people will determine their own future.

    At the moment we wish to remain anonymous in order not to be pressurised by the Inkosi. However we will issue a further communication soon.

    Click here for background information on the struggle against forced removal in eMacambini.

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    Catholic Justice & Peace: Can’t this city of prosperity find accommodation for 50 families?

    Can’t this city of prosperity find accommodation for 50 families?

    June 10, 2009 Edition 1

    The Catholic Justice and Peace Commission paid a pastoral visit to the people of Macassar in Nkanini and has these comments:

    The ink from the recent national and provincial elections has not yet dried and peeled off our left thumbs and already the poor of our province, with their children as small as one month old, have been left to fend for themselves in wintry conditions.The judge, the premier, the mayor, the politician, all go home after deciding on the fate of 50 families who have been evicted from a piece of land they have called their home for more than two years. Their shack materials have been confiscated by the powers that be.

    In this place and in this city full of prosperity, can we not find accommodation for 50 families? In the Old Testament, God promises those who have been trampled upon by authorities that He, their God, will never leave them and will fight their cause on their behalf.

    The stories of people who live in informal settlements are sad. From Durban to Johannesburg and Cape Town, and in many of our towns, the marginalised people are oppressed in many ways. Anti-eviction organisations like Abahlali-Basemjondolo all over the country tell similar stories. People are fighting for what is fair and for what they should be receiving without first having to put up a struggle.

    The people left on the side of the road and not even allowed to put up a tent have children who go to school, and the Catholic Justice and Peace Commission wonders what these kids tell their school mates about home. After all these years of floods and fires in Cape Town, we still do not have the heart and imagination to provide structures at government expense where we can put up people during the rainy season. Madam Premier, where are the houses for the people?

    At times those in authority fail to understand simple things about land and provision of housing. The principle of agrarian reform expects us to do the right thing when faced with a difficult situation regarding land. If a family was given a piece of land they would be able to plant on that land and produce something that would sustain people while the head of the household was being retrenched or unemployed.

    People cannot wait for houses that will be built and perhaps completed in 2030; the situation is urgent now, today. In communities that struggle to make ends meet, huge frustration is caused by people responsible for land and housing.

    The time has perhaps arrived when communities must be represented at the highest level where the decisions such as these that affect them are made. Social justice demands a fair share of the land for all people who live on the land. Those who are closest to the issue must decide on the issue.

    The games played by politicians cannot be tolerated.

    What happened to our humanity when we treat our neighbours the way we do? What happened to our ubuntu when we treat people as mere statistics and do not even bother to visit the situations they find themselves in? Our sense of solidarity and care for one another is to be questioned. What happened to all the promises?

    At the end of the financial term the commission is certain there will be another budgetary roll-over and politicians will pat themselves on the shoulder and say they have done well.

    What happened to emergency funds or resources?

    Billy N Maseti
    On behalf of the Catholic Justice and Peace Commission
    Archdiocese of Cape Town

    Featured post

    Our Struggle for Liberation Remains….

    Update: Click here for pictures of the march.

    Poor Peoples’ Alliance to Re-enact June 1976 Soweto Uprising March

    The Poor Peoples’ Alliance (PPA), made up of radical community-based organisations across South Africa, is to march from Morris Isaacs High School to the Hector Pieterson Memorial in Soweto on the 16th June 2009 to re-enact the 1976 march.

    We as the Poor Peoples’ Alliance will not celebrate this day, as the government does, but commemorate it by reflecting on the struggle for liberation by the youth still being fought for by poor communities 15 years into our so-called democracy.

    A night vigil will take place on the 15th June in Protea South and we invite all those interested, regardless of their political affiliation, to be part of this event and march. Because we continue to be denied our most basic human rights, we refuse to let the government, and the rest of the world, ignore that our struggle for liberation is far from over.

    Bongani Xezwi – PPA co-ordinator 071 043 2221
    Audrey Leo – PPA co-ordinator 083 340 7635
    Maureen Msisi – LPM Gauteng Chairperson 082 337 4514

    This march will also be supported by the Anti-Privatisation Forum and Blackwash.

    Featured post

    A Living Politics (in Howick)

    To see more short films by Elkartasun Bideak click here.

    This film shows some of the first meeting between a community in Howick and AbM. Abahlali were invited to a meeting by the community as they are facing eviction and will have to struggle against the local chief and the state.

    Abahlali shared legal information, the basis of successful struggle (build your own confidence) and how the movement works – we will struggle with you but never for you.

    AbM will soon return to launch a new branch in Howick – the second new branch to be launched in the midlands in recent weeks.

    Bahlali bayanda.

    Featured post

    COHRE Letter to Dan Plato on the Macassar Village Occupation

    Click here to read this letter in pdf.

    9 June 2009

    The Honourable Mr. Dan Plato
    Mayor of Cape Town,
    The Mayor’s Office,
    City of Cape Town
    Cape Town 8001

    South Africa

    Reference: Violation of housing rights of 60 families in Macassar Village, Cape Town.

    Dear Mayor Plato,

    The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and Observer Status with the African Commission on Human and Peoples’ Rights. COHRE works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

    COHRE is deeply disturbed by reports of the repeated demolition of shacks in Macassar village by Cape Town’s Anti Land Invasions Unit, South African Police Service (SAPS) and Metro Police. COHRE also expresses concern about the reported violent arrest of Abahlali baseMjondolo activist Mzonke Poni on 1 June 2009.

    According to information received by COHRE, several backyard dwellers in Macassar village, frustrated with poor living conditions and their increased vulnerability to evictions resulting from rising rents, occupied vacant municipal land along the N2 highway on 18th May 2009. On the 19th morning, however, police personnel demolished approximately 60 shacks and fired rubber bullets injuring four people including a woman and a child. Police also arrested three persons including Professor Martin Legassick. On 20th May, Macassar SAPS Superintendent facilitated an agreement between the occupiers and their local ward councillor where the occupiers were given permission to build shacks on another piece of land in the vicinity. We understand that occupiers were informed that this agreement would be endorsed by your presence at the new site the following day.

    COHRE notes with disappointment that according to reports received, you reversed the ward councillor’s decision and ordered the Anti Land Invasions Unit to once again demolish newly constructed shacks and confiscate building material. COHRE would like to point out that an estimated 300 backyard dwellers have thus been rendered homeless and are forced to live and sleep in the open.

    COHRE expresses shock at the City’s apparent disregard for the Prevention of Illegal Eviction from, and Unlawful Occupation of, Land Act 1998 as well as for the interdict against further demolitions secured in the Cape High Court by Abahlali baseMjondolo. According to information received, the Anti Land Invasions Unit continued to illegally demolish shacks despite being informed about the interdict of 29th May.

    South Africa’s Constitution states in Section 26(3) that “no one may be evicted from their home…without an order of the court made after considering all the relevant circumstances [emphasis added]”

    COHRE respectfully reminds the Government of South Africa that under international human rights law, evictions can only occur lawfully in very exceptional circumstances and after all feasible alternatives have been explored in consultation with affected persons. If, and only if, such exceptional circumstances exist and there are no feasible alternatives, can evictions be deemed justified. Furthermore, evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Governments must therefore, ensure that adequate alternative housing is available to affected persons.

    The backyard dwellers of Macassar, like several other poor communities, are victims of South Africa’s ongoing housing crisis marked by growing waiting lists for subsidised housing every year and the inability of the State to adequately respond to the growing demand. Many of the backyard dwellers who occupied land in Macassar have been on the waiting list for 15-20 years, with no solution in sight.

    Instead of facilitating access to the right to adequate housing through the allocation of vacant public land to the back yard dwellers of Macassar, the City has sought to forcibly evict them and thereby unlawfully deprive them of the shelter they had. COHRE therefore urges the City of Cape Town to:

    * Take urgent steps to provide emergency shelter and relief material to all those affected by the forced eviction;
    * Devise and implement a strategy to resolve the crisis through meaningful consultations with affected people and with a view to fulfil their right to adequate housing;
    * Adequately compensate all those who have lost their belongings and building materials in the demolition drives;
    * Withdraw all charges against those protesting against the demolitions; and
    * Initiate an independent enquiry into allegations of violence and illegal actions by members of the Anti Land Invasions Unit, SAPS and the Metro Police.

    We look forward to your response.

    Thank you very much for your time and consideration.

    Yours sincerely,

    Salih Booker

    Executive Director

    Cc

    The Honourable Mr. Achmat Ebrahim
    City Manager, Cape Town

    The Honourable Ms. Helen Zille
    Premier, Western Cape

    The Honourable Mr. Tokyo Sexwale
    National Minister for Housing

    Ms. Raquel Rolnik
    United Nations Special Rapporteur on Adequate Housing

    Featured post

    Still UnFree: Video interview with Shamita Naidoo from Motala Heights

    To see more short films by Elkartasun Bideak click here.

    Press Releases from Motala Heights

    *Corruption and Armed Intimidation as Motala Heights Eviction Crisis Deepens, 20 June 2006.
    *Motala Heights Eviction Crisis Continues, 30 June 2006.
    *Motala Heights Eviction Crisis, Press Release 4, 21 August 2006.
    *Shacks Demolished at Motala Heights, Pinetown, 29 October 2006
    *Major Crisis as eThekwini Municipality Violently and Illegally Evicts Shackdwellers in the Motala Heights Settlement, 5 November 2006
    *Victory for the people of Motala Heights, 13 December 2006
    *Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction, 8 August, 2007
    *Four shacks Burn Down in Motala Heights, 10 September 2007
    *Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues, 13 May 2008
    *Court Action Against Intimidation in Motala Heights, 12 & 13 June 2008
    *AbM Youth League Chairperson's shack has just been lost to fire, 30 July 2008
    *Armed De-Electrification in Motala Heights, 19 August 2008
    *Six Families Under Threat of Eviction in Motala Heights, 20 April 2008
    *Police Support for Landlord Intimidation Continues in Motala Heights, 30 April 2009

    Pictures from Motala Heights

    *Ricky Govender gets his demolitions at Motala Heights (3 years ahead of the City's schedule), 31 October, 2006
    *At the High Court for the Motala Evictions Case, 22 November 2006
    *Motala Heights on 12 December 2006 – the day before an eviction
    *SAPS stop Municipality workers from demolishing shacks, 13 December 2006
    * Photo essay on Motala Heights in December 2006 by Antonios Vradis.
    *Shack cinema, Motala Heights 11 March 2007
    *iPolitiki ePhilayo: Motala Heights Development Committee AGM, emZabalazweni, Motala Heights Settlement, 20 May 2007
    *Motala Heights, 2 August 2007. The day after Govender promised to bulldoze Uncle Jame's house by the end of the month
    *Motala Heights, Meeting Against Evictions 4 August 2007
    *"Motala Heights Indian Shacks" – pictures by Shamita Naidoo, taken first week of August, 2006
    * The morning after 4 tin shacks burnt in Motala Heights, 9 September 2007
    *'Meeting of the Poor Against the Rich', 17 November 2007
    *The Motala Diggers, 31 October, 2008
    *New Evictions Threatened in Motala, 20 April 2009
    *Launch of the new Creche in Motala Heights, 26 April 2009

    Newspaper articles on Motala Heights

    *Isolezwe, 30 October 2006 Bathi abayi ezindlini abakhelwe zona
    *Mercury, 30 October 2006: Council vows to get rid of shack dwellers
    *Mercury, 30 November 2006: Shack dwellers win court order against municipality
    *Highway Mail, 17 August 2007: We Won't Go
    *Mercury, 4 September 2007: Photographer was threatened, Police rescue news team after fracas
    *Highway News, 11 September 2007: News team threatened for shack story
    *Highway Mail, 14 September 2007: Homes in Ashes
    *Mail & Guardian, 21 September 2007: 'They can pack up and go'
    *Highway Mail, 24 September 2007: No assistance for Motala Heights fire victims
    *Mercury, 8 October 2007: Court halts landlord's threats
    *Daily News, 16 June 2008: Order won to prevent harassment: Tenants take landlord to court
    *Mercury, 17 June 2008: Order granted against landlord 'harassment'
    *Mercury, 21 August 2008: Land owner to take legal action to evict tenants

    Other Media

    *CNN, 11 June 2008: Slums offer surprising hope for tomorrow's urban world

    Legal Documents on Motala Heights

    *Affidavit on the Founding of Motala Heights by Bheki Ngcobo
    *PDF copy of letter from the Legal Resources Centre to City Manager Sutcliffe, 23 November 2006
    *PDF copy of court order preventing further demolitions in Motala Heights (29 November 2006), Letter from the Legal Resources Centre to the Pinetown SAPS (11 December 2006) and a letter from the LRC to the city's lawyers (12 December 2006)
    *Interdict preventing Ricky Govender from bulldozing the home of Mr. and Mrs. Pillay and from threatening or assaulting them, 28 September, 2007
    *Court papers for interdicts against Ricky Govender et al, the Station Commander of the Pinetown SAPS & the Minister of Safety & Security, 13 June, 2008
    *Letter from CALS to Ricky Govender's lawyer on ongoing intimidation of James Pillay despite the interdict, 8 July 2008, 2008
    *Letter from CALS to Ricky Govender's lawyer explaining that they have no legal basis to evict, 31 July 2008, 2008

    Other Documents

    *Facing Uncertainty with Unity: Lives and livelihoods of shack dwellers in Motala Farm by Lisa Fry, late 2006
    *Comments by people who resisted evictions in Motala Heights in December 2006, document drawn up in early 2007
    *Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” (See section 3 for an account of the two visits of Tim Jeebodh to Motala Heights.
    *Freedom of Expression Institute statement that makes reference to Govender's death threats to journalists
    *Abahlali baseMjondolo & the Police A list of key incidents of police harassment between March 2005 and January 2008 (including references to incidents in Motala Heights)
    *Letter to the eThekwini Municipality from groundWork on illegal dumping by Ricky Govender, January 2008
    *COHRE report on housing rights in Durban (includes Motala Heights), October 2008

    And a poem…

    *For Motala Heights, a poem by Jacques Depelchin, April 2009

    And a short documentary film…

    *Motala Farm, May 2009

    Various documents on New eMmaus

    New eMmaus is just over the hill from Motala Heights and is not under the control of Govender. However the two areas share, in part, a common history as people who were evicted from land owned by the Catholic Church live in both New eMmaus and Motala Heights. (Their ancestors came to the Marianhill Monastery as converts – they were evicted when the monastery sold land off for factories to be developed).

    *New eMmaus Cracks, Press Release, 3 October 2006.
    *New eMmaus Cracks – photographs, 3 October 2006.
    *Emmaus residents fall into housing cracks, Sunday Tribune article, 22 October 2006.
    *Abahlali to Mourn UnFreedom Day 2007 & Celebrate the Strength of the Strong Poor in New eMmaus, 27 April, 2007.
    *Pictures of the UnFreedom Day Celebration in New eMmaus, 27 April, 2007.

    Featured post

    AEC: Symphony Way wins reprieve despite City’s efforts to undermine our right to a fair trial

    http://antieviction.org.za/2009/06/09/symphony-way-wins-reprieve-despite-citys-efforts-to-undermine-our-right-to-a-fair-trail/#more-2621

    Symphony Way wins reprieve despite City’s efforts to undermine our right to a fair trial

    9 June 2009

    The Symphony Way Pavement Dwellers have won their first battle in the quest for adequate decent public housing.

    We have said publicly, over and over again, that: we do not want to occupy Symphony Way. We will gladly move if we are permitted to move to houses which are safe, clean, and adequate to our families’ needs.

    But Blikkiesdorp is not a community with houses but a community with blikkies (tin can shacks). It is not adequate, nor is it clean or safe.

    We thank the Honorable High Court for a rare instance where the courts have actually upheld the Constitution of this country in support of the poor. The Judge Jake Moloi noted that one cannot overlook Section 34 of the South African Constitution which states that:

    Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court.

    The advocate of the applicant (the City of Cape Town) tried to deny us of our constitutional right to a fair trial by attempting to prevent Symphony Way residents from introducing legal representation.

    Because we are poor, we have struggled to raise money to pay the expensive fees of a lawyer and advocate. In South Africa, there is no such thing as equality because the poor cannot afford to build houses or buy land and also cannot afford to defend themselves against evictions from land and housing.

    The calendar of the case to be argued is as follows:

    *
    The reply affidavit of the respondents is due on the 30 June, 2009
    *
    The replying affidavit of the applicant is due on the 16 July, 2009
    *
    The heads of argument for the applicants are due on 30 July, 2009
    *
    The heads of argument for the respondents are due on the 30 August, 2009
    *
    The hearing has been postponed until the 3rd of September, 2009
    *
    This is the final postponement.

    The Case for adequate housing and against the TRAs:

    In this case, the City of Cape Town is also trying to denying us of our constitutional rights laid out in Section 26 of the Constitution:

    Everyone has the right to have access to adequate housing…No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.

    And again contradicting Section 6.3 of the 1998 PIE Act which states that:

    In deciding whether it is just and equitable to grant an order for eviction, the court must have regard to…the availability to the unlawful occupier of suitable alternative accommodation.

    There is nothing just and equitable about putting any human being in a TRA like Blikkiesdorp. After visiting Blikkiesdorp and considering all the relevant circumstances (such as safety and other basic needs) one will realise that the accommodation is clearly unsuitable for any human being. If you are unsure, go visit for yourself.

    For more information, contact:

    Kareemah at 0784920943
    Jane at 0784031302
    Evelyn at 0763317624
    Ashraf at 0761861408

    Featured post

    Macassar Village Secured an Urgent Interdict Against the City of Cape Town Last Night


    Macassar Village Occupiers Protest in Down Town Cape Town, 25 May 2009

    Update 5: 2 June 5:02 p.m Mzonke Poni has just been released. He has to return to court on 17 June 2009.

    Update 4: 1 June 2009 7:14 p.m. The second arrestee has been released after been subject to considerable police intimidation. Mzonke Poni has been removed from the holding cells at the Macassar Village Police station and taken to hospital. He remains under arrest and will appear in the Somerset West Court tomorrow between 9:00 and 10:00 a.m.

    Update 3: 1 June 2009, 5:01 p.m. Mzonke Poni and one other person are currently under arrest at the Macassar Village Police station. Mzonke has been badly assaulted. Khanyiso from Abahlali baseMjondolo, who is currently at the police station, can be contacted on +27 (0)73 540 3909.

    Update 2: 31 May 2009, 5:30 p.m. The interdict will be served on the Cape Town City Manager first thing on Monday morning.

    Update 1: 30 May 2009, 9:12 a.m. The City of Cape Town is currently demolishing shacks and stealing building materials in Macassar Village in blatant contempt of the court interdict.

    Abahlali baseMjondolo of the Western Cape
    Urgent Press Release, 30 May 2009

    Last Night We Secured an Urgent Interdict Against the City of Cape Town that Prevents them from Continuing with their Criminal Harassment of the Macassar Village Occupation

    We have secured an urgent interdict against the City of Cape Town. The interdict prevents them from demolishing any shack or structure at the Macassar Village Occupation without an order of the court (and the due process that obtaining such an order requires). It also compels them to return to us all the building materials that they have stolen.

    This is an important victory against state criminality in Cape Town. Municipalities across the country regularly engage in criminal behaviour towards the poor because they are confident that we will not be able to secure legal support. But ten days after we first occupied the land we were able, with church support, to secure a lawyer and to succeed in forcing the City of Cape Town to engage with us in terms of the law. The City wanted to resolved this crisis with violence. We have now been given an opportunity to resolve this crisis politically.

    For more information please contact Mzonke Poni at 073 256 2036

    Featured post

    Gugulethu Anti-Eviction Campaign invitation to urgent public meeting to discuss renewed xenophobic threats

    http://antieviction.org.za/2009/05/29/gugulethu-anti-eviction-campaign-invitation-to-urgent-public-meeting-to-discuss-renewed-xenophobic-threats/

    Gugulethu Anti-Eviction Campaign invitation to urgent public meeting to discuss renewed xenophobic threats
    29 05 2009

    Gugulethu Anti-Eviction Campaign Press Release

    When: Sunday 31 May at 16h30
    Venue: Qababazi Church in Gugulethu (behind Social Services)
    Directions and comment: Call Mncedisi at 078 580 8646

    The Anti-Eviction Campaign will host a public meeting to deal with the frightening second wave of xenophobic pogroms that is beginning to surface Cape Town.

    The meeting is to be held at Qababazi Church in Gugulethu this coming Sunday at 16h30.

    All concerned and/or angry organisations and residents are invited to attend. The meeting is being called by the AEC in order to help local businesses vent their frustration, unhappiness and anger.

    Currently, closed-door meetings are being held by various business groups in Gugulethu. They claim that their businesses are collapsing because “white people and Moslem people are using poor Africans [foreign nationals] to run them out of business”.

    What happened last year was painful for the large majority of poor South Africans who were not supportive of the pogroms. This is why we, as a community, feel that it is important to discuss these issues, air out grievances, and acknowledge the root causes of xenophobia.

    The huge levels of unemployment in our townships are not caused by foreigners but by this government’s anti-poor economic policies.

    The destruction of local businesses is not caused by foreigner’s spaza shops but by big corporations such as Shoprite and their friends in government who subsidise huge malls like Gugulethu Square.

    As Abahlali baseMjondolo Says: An action can be illegal. A person cannot be illegal. A person is a person where ever they may find themselves.

    We call on everyone in Gugulethu not to direct their anger at other poor humans.

    We struggle and are poor, not because of our poor African brothers. We struggle and are poor because we are oppressed by the rich and their government.

    We will release a follow-up statement after Sunday about what we have learned from speaking to one another as brothers and sisters.

    For more information, contact Mncedisi at 078 580 8646

    Featured post

    Another Illegal Demolition in Siyanda – call for the immediate arrest of Municipal Official


    ‘Mpume Nompumelelo II’, a short film by Elkartasun Bideak showing the illegal destruction of Mpume Nompumelelo’s home, 28 May 2009. To see more short films by Elkartasun Bideak click here.

    Abahlali baseMjondolo Emergency Press Release
    27 May 2009

    Another Illegal Demolition in Siyanda – call for the immediate arrest of Municipal Official

    Yesterday Mr. Bonginkosi Hlengwe, an official in the eThekwini Municipal Housing Department, went to the home of Mpume Nompumelelo in Siyanda Section B, Durban with Municipal Workers and the police. The municipal workers demolished her toilet. Today they returned and demolished her home. So far only one shack has been destroyed but they may destroy more soon.

    The municipality want to build RDP houses, for other people, in the area – i.e. the people that have lost their home will not benefit from the construction of the new houses. The eThekwini Municipality had no court order and therefore the demolition was another illegal and in fact criminal offence on the part of the municipality. It is a sad fact that the police are being used to protect the municipality’s criminality rather than to follow the law and to protect the people from the municipality’s criminality.

    No alternative accommodation has been provided for the family that have lost their home. They have just been left homeless.

    As a movement we are calling for the immediate arrest and prosecution of Mr. Bonginkosi Hlengwe and all government officials, in all cities in South Africa, that give orders for these sorts of criminal attacks on the poor.

    We are also calling for the legal community to take this state criminality seriously and to offer pro bono legal support to people and communities that are being victimised in the state’s illegal and criminal war on the poor. Most times poor people that are victims of state criminality in Durban are unable to find lawyers. It is the same in Cape Town.

    Finally we are also calling for all municipal workers’ unions to refuse to carry out any orders from their bosses to unlawfully demolish people’s homes.

    For more information contact Mpume Nompumelelo on 078 267 8169. Click here for pictures of Mpume’s illegally demolished shack.


    ‘Mpume Nompumelelo’ a short film by Elkartasun Bideak showing Mpume Nompumelelo’s home before it was destroyed, 28 May 2009

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Mercury, Op-Ed: Meeting people’s housing rights, by Mike Mabuyakhulu, 9 February 2009
  • Photo of one of the 5 room Siyanda jondolos, 10 February 2009
  • Project halted by protests, The Mercury, 17 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • State Criminality in Siyanda, 17 March 2009
  • Pictures of the Siyanda Eviction to Richmond Farm Transit Camp on 17 March 2009 (under judicial oversight……)
  • Balale emnyango ababethenjiswe izindlu zomxhaso, Isolezwe, 20 March 2009
  • Siyanda A and B to March on Housing MEC Mike Mabuyakhulu on Tuesday 14 April 2009, 9 April 2009
  • Pictures of the Siyanda (A&B) March from Siyanda to Downtown KwaMashu, 14 April 2009
  • No homes, no vote threat, The Mercury, 15 April 2009
  • Bakhala ngentuthuko egqozayo abaseSiyanda, Isolezwe, 15 April 2009
  • Siyanda – Mpola – Macassar Village: The War on the Poor Continues, 19 May 2009
  • Siyanda – some pictures, 19 May 2009
  • Video interview from the Siyanda transit camp, 19 May 2009
  • Sad Song of Siyanda, short film by Elkartasun Bideak, 22 May 2009
  • Another Illegal Demolition in Siyanda – call for the immediate arrest of Municipal Official, 27 May 2009
  • Photographs of the remains if Mpume Nompumelelo’s shack after illegal demolition, 27 May 2009
  • Mpume Nompumelelo, short film by Elkartasun Bideak showing Mpume Nompumelelo’s home, 28 May 2009
  • Mpume Nompumelelo II, short film by Elkartasun Bideak showing the illegal destruction of Mpume Nompumelelo’s home, 28 May 2009
  • Featured post

    Bankruptcy of responses to Macassar land occupation underlines Western Cape housing crisis


    Macassar Village, 19 May 2009

    Click here to read the version of this article published in the Cape Times.

    Bankruptcy of responses to Macassar land occupation underlines Western Cape housing crisis

    21/5/2009

    By Martin Legassick

    On Tuesday 19th backyarders in Macassar, desperate for homes, built shacks on municipal land on a field adjoining the N2 – and were illegally evicted by Cape Town’s DA Helen-Zille-inspired Anti-Land Invasion unit, together with SAPS and Metro Police. Their building materials were confiscated and taken off in a truck. In the process four people (including a 2-year old child) were unnecessarily wounded by police rubber bullets, four people (including myself) were unnecessarily taken into custody and three of these wrongfully charged with public violence.

    On Wednesday evening a solution to the situation appeared to have been reached. The Macassar SAPS superintendent, Princess Benjamin, brokered negotiations between representatives of the occupiers and the local ID councillor, John Heuvel. At 8pm the representatives returned to open land next to the field, to which the homeless occupiers had removed their furniture and slept the previous night, and were now sitting around fires. The representatives announced that the councillor had agreed the people could occupy a piece of land nearby and that they should build shacks there immediately. The councilor promised that the mayor, Dan Plato, would come at 9 the following morning to endorse this. The people rushed to begin, and as they did so, some ten police cars guarding the field that had been occupied, left it.

    However the next morning (Thursday) Dan Plato did not turn up. Instead Metro Police appeared and supervised the renewed destruction of the structures. More building materials were confiscated. What caused this disgraceful abandonment of an agreement between the people and the ward councilor? According to the Metro Police boss, “a ward councilor cannot allocate land, but only the council. I work for the mayor. That is why I countermanded the agreement.” In other words, the anti-poor policies of the Democratic Alliance is what put a spanner in the works.

    Macassar, a formerly ‘coloured’ area, is now bursting at the seams with overcrowded houses, occupied by both coloured and African families (and even a few whites). Both coloureds and Africans participated in the occupation. Macassar is one part of Cape Town’s housing crisis, where there is a backlog of some 400,000 homes, increasing by some 20,000 a year, but with a maximum of 8, 000 houses a year being built. Backyarders in Macassar pay exorbitant rents to the house-owners of some R300-R500 a months, and that is why they want decent homes of their own.

    Before the elections, backyarders in Macassar had approached mayor Helen Zille several times with letters and SMSes. She eventually said she would get Dan Plato to visit them to hear their grievances. He never came. After the elections people decided they would have to go it on their own. They identified a piece of vacant land and spent three days cleaning it in preparation for a picnic and sports event on Saturday 16th, but this was wiped out by the first of the Cape’s winter storms.

    So on the night of Monday 18th they gathered at 6pm to build, and succeeded through the night in erecting a number of complete shacks; many others brought their furniture to put on their intended shack sites. The DA-ordered eviction on Tuesday morning was illegal under the Prevention of Illegal Eviction from, and Unlawful Occupation of, Land Act of 1998 (PI), which states that any built structures require a court order before people are evicted from them. People put up the shacks again, but they were torn down again and this time the materials were confiscated.

    The initial response of the community was to try to occupy the adjacent N2, which the police prevented. People returned to the road next to the field they had occupied and marched up and down, singing and toyi-toying. The police became very restless and tried to block the marches by parking police cars three abreast in the road but people just marched through without touching the cars.

    I was there taking pictures of all this. Someone in plain clothes who it later turned out was a Crime Intelligence Unit photographer started trying to take pictures of me, perhaps because I was the only white there, sticking out like a milk bottle. I tried to dodge him but he persisted. An SAPS inspector in plain clothes came and stood right next to me, trying to intimidate me. When I swore back at him he became incensed and grabbed me, soon supported by other police officers. People were disturbed and started to complain and move in my direction. Very fast a ring of police was around me, with their shotguns pointing outwards. I was told to move quietly towards a police van and as I reached it, the police opened fire. In the hail of rubber bullets four people (including a two-year old child) were wounded.

    Soon three other people were escorted to the police van. None of them were in the slightest involved. One had been riding past on a bicycle and dropped to the ground when he heard the fire. Another fell over at the fire, and happened to touch a policeman. The third had been pepper-gassed and had handcuffs on but said he had done nothing. The following morning they appeared in Somerset West Court, were released with no bail, but charged with “public violence”.

    All this, apparently precipitated by the inspector grabbing me unnecessarily, was quite needless.

    Later I told the inspector I was angry because the police were supporting an illegal eviction under the PIE Act. He replied “yes, you are right, it was illegal. But we are national police and here we were instructed by the (DA) provincial and local government.” Yet last week I was at a meeting in the same field when two people from the Anti-Land-Invasion Unit came and told us the meeting was illegal and tried to call the SAPS to disperse it. An SAPS van turned up, but left after five minutes. The SAPS need not respond to demands from provincial or municipal authorities if they believe those demands are illegal.

    Poor people do not have the resources to call lawyers within minutes to place interdicts against police actions. That is the reason that the police get away with illegality.

    Conditions of service in the police force are of course very bad. The inspector also told me he had been shot in the neck on duty and would be in a wheelchair in two months because of problems in his vertebrae. “I am afraid to sneeze”, he said. Why on earth then was he compelled to take charge of police in the delicate situation of a land occupation.

    Significantly, however, it was the SAPS superintendent who brokered the negotiations (which failed) and it was Metro Police who carried out the evictions on Thursday morning.

    Now the responsibility for denying these homeless people land on which to build shacks rests with the DA-controlled council. Plato has recently claimed he intends to increase house-building in Cape Town from 8000 to 20-25,000 a year. This would, he claimed, allow the backlog to be ended in less than 20 years. How he expects to do this in these times of recession is anybody’s guess. But even if he could manage it, given that the backlog increases by 18-20,000 a year, on his figures for house-building it would take something like 100 years to end it!

    If house-building cannot solve the ever-increasing backlog the pressures will become too great. If the DA’s “no tolerance of land occupations” were rigidly enforced (as they are trying to do) it will massively increase overcrowding of houses – and hence, most likely, abuse of women and children, drug abuse, and crime (all of which the DA claims to be against). If housing cannot be provided immediately for all, people must be allowed to find land on which to build shacks, whether that land is municipal, state, provincial or even private. The officials of the Anti-Land-Invasion-Unit behave very arrogantly and inflexibly. Repression is no answer to the housing crisis, and the Unit should be immediately disbanded.

    Zille has criticized the ANC’s N2 Gateway housing project for favouring an elite. Instead she promotes the old apartheid site-and-service schemes, yet she wants to repress people building housing for themselves! This is despite the DA ideology of entrepreneurship and the free market! What a contradiction!

    The ID ward councilor John Heuvel says he opposes land occupations because people who carry them out “gain the impression they should get the first option for housing.” Of course this is nonsense. People in shacks want houses, but they are prepared to accept waiting lists – provided those waiting lists are fair and transparent. In fact many involved in the Macassar occupation have been waiting twenty or thirty years for houses. But to ensure fairness and transparency it is incumbent on the Cape Town council to publish its waiting list, with clear indication of the dates on which people first applied for housing.

    In Macassar, as elsewhere in the Western Cape, big mistrust in political parties is developing, despite the recent elections. People believe politicians only want their votes to enjoy the privileges of office, and that they are universally corrupt.

    The housing crisis in the Western Cape and nationally continues. It is, in fact, an emergency situation. But no political party has answers to it. None of them is prepared to put the 4-8 million unemployed to work to build mass housing under the aegis of the state. So the rich continue to get housed and the poor suffer overcrowding, as well as police violence and deprivation of property when they try to assert their rights.

    Can comrades write emails of protest to Dan Plato, at mayor.mayor@capetown.gov.za with copies to Abahlali baseMjondolo of the Western Cape at abmwesterncape@abahlali.org

    Featured post

    AbM Western Cape: Macassar people won their victory on land occupation


    Macassar Village, after another illegal demolition

    Update: The City has overruled the decision by the Ward Councillor to give a nearby piece of land to the occupiers and the Anti-land Invasions Unit is, again, illegally demolishing shacks and illegally taking people's building material. Click here for more information on blatant state criminality by the City of Cape Town and here for the press release sent out via SMS late on Thursday night.

    Click here for the report by Eye Witness News and here for the report by Bush Radio.

    Macassar people won their victory on land occupation

    People from Macassar Village finally won their victory on land occupation, today would have been the third day of sleeping outside if the victory was not won.

    During the day today the Superintendent from Macassar Police station asked people to elect four people to go to negotiate with a local ward counsellor for a piece of land which is nearby the land that people had occupied. After 3 hours of negotiation between people and the ward counsellor it was agreed that people can build on that land which is 10 meters away from the land that people had occupied.

    As we speak people are busy building their structures and Dan Plato is expected to arrive tomorrow early in the morning with a few municipal officials to hand over the land officially to the people of Macassar Village and the Anti-Land Lnvasion is also expected to return the building material that they have demolished and confiscated from people illegally.

    Power to the people!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    And as Abahlali baseMjondolo we want everyone to know that this is the begging of many activities of building communities from below.

    And we want to clarify that we don't occupy the land, we only establish our selves and that this is people centred process.

    The three people that were arrested and charged with public violence are released with a warning to appear in court on the 11th of June 2009.

    For more info call 073 2562 036.

    Featured post

    Siyanda – Mpola – Macassar Village: The War on the Poor Continues


    Siyanda, 19 May 2009

    Update: Click here to read the front page story in the Cape Times on the illegal evictions, police violence and arrests in Macassar Village and here for a video interview from the Siyanda transit camp.

    Abahlali baseMjondolo Press Statement
    Tuesday, 19 May 2009

    The Elections Are Over – The War on the Poor Continues

    Four Shot in Siyanda with Rubber Bullets, Illegal Demolitions in Mpola, Martin Legassick Arrested in Macassar Village, Mzonke Poni on the Run, Others Arrested and Shot at with Rubber Bullets

    Siyanda: More Illegal Evictions, Rumours of More Forced Removals and More Police Violence

    Four people were shot with rubber bullets at close range after the police attacked protesters in C – Section of Siyanda, Durban, this morning. The four people are all in hospital. The doctors say that one person is very badly injured.

    The protest was aimed at halting construction of houses in the notoriously corrupt Khalula Housing Project. The C-Section community took the decision to halt the construction in protest against the ongoing unlawful demolition of people’s homes and rumours that people from C-Section will be forcibly removed to amatins (also known as government shacks or transit camps) in Red Hill.

    All requests by the community for clear information and negotiation have been refused. After lots of pressure municipal official Bongi Hlengwa eventually agreed to meet the community to discuss their concerns about unlawful demolitions and the rumours of more forced removals at 3:00 p.m. yesterday afternoon. However he cancelled the meeting without explanation following which the decision to stop construction was taken.

    For more information on the crisis in Siyanda contact Mama Kayiyaki 074 299 2898, Magama Makhanyi 074 756 6348 or Mama Nxumalo 076 579 6198

    Mpola: Illegal Evictions

    Seven shacks were illegally demolished in Mpola, Marianhill (near Pinetown), this morning. The Municipality is knocking down shacks to build houses – but the houses are being given to outsiders. There is no consultation. There is no court order for these demolitions and they are, therefore, like the demolitions in Siyanda, illegal and criminal acts.

    For more information on the crisis in Mpola contact Lindiwe Ndlovu 078 994 0700

    Macassar Village: Demolitions, Arrests and Shootings

    Backyward dwellers occupied vacant government land in Macassar Village last night after being forced out of their backyard shacks due to extremely high and exploitative rents. Early this morning the police arrived in very large numbers to attack the occupation and proceeded to unlawfully demolish the new shacks (they had no court order). While a meeting was being held to inform the new community that any police attack on it would be completely illegal the police went ahead and attacked the people.

    One woman and her baby have been shot with rubber bullets. Four people have been arrested. So far we only have the name of one them – Professor Martin Legassick was arrested while taking pictures. The police are currently doing a door to door search in the area looking for Mzonke Poni.The protest in Macassar Village is continuing. The occupiers still hold the ground. The press are urged to rush to the scene.

    For more information on the crisis in Macassar Village contact Mzonke Poni 073 256 2036.

    Now that the election is over and the politicians have finished hunting for positions they are running away from the people. It is impossible for a poor community to get a meeting with a politician. They only send in the police to break the people's homes and to beat and shoot and arrest the people. This is the reality of our so called democracy. This is what development really looks like – people’s houses broken down, people shot with rubber bullets, people in jail, people on the run.

    Featured post

    AbM Western Cape: Macassar residents occupying empty land as we speak

    Abahlali baseMjondolo Western Cape – Emergency Press Release
    Monday 18th May, 2009 – For Immediate Release

    Macassar residents occupying empty land as we speak

    As we speak, members of Abhlali baseMjondolo of the Western Cape from Macassar Village are occupying the land that they’ve been clearing for the past week.

    Abahlali are taking the land because, as backyard dwellers, they’ve been clear victims of high rents which are resulting in their collective eviction. Residents say that they have no choice. In order to protect the livelihood of themselves and their families, they have to take this unused and empty government land for their community.

    For an update on the current situation, contact Mzonke Poni at 073 2562 036.

    For updates and photos tomorrow, visit Khayelitsha Struggles.

    For more information on the cleanup campaign, click on the following press releases: 12th May and 13th May and 14th May.

    For pictures of the cleanup campaign, click here.

    For coverage in the Cape Argus, click here.

    Featured post

    From Shacks to the Constitutional Court

    On May 14, Abahlali baseMjondolo traveled from the shacks of Durban to South Africa’s Constitutional Court in Johannesburg. In a landmark case they argued that a provincial law known as the ‘Slums Act’ violates the constitution. They were joined at the court by the Anti-Eviction Campaign, the Landless Peoples Movement, the Rural Network and AbM Western Cape.

    This is a mobile update from Christopher Nizza and Dara Kell, who are in South Africa on their first production shoot for the feature documentary film ‘Dear Mandela’.

    Music by Cupha Mbonambi.
    Sleeping Giant 2009

    Featured post

    Four ANC Members Arrested for Corruption in the Foreman Road Settlement

    Stolen building materials on the truck, now impounded.

    Update:Click here to read the Mercury report on this incident.

    16 May 2009
    Foreman Road Abahlali baseMjondolo Branch

    Four ANC Members Arrested for Corruption in the Foreman Road Settlement

    At around 4:00 a.m. this morning the Sydenham Police, led by Supt. Glen Nayager, arrested 4 members of the Foreman Road ANC branch on corruption charges.

    The four were caught loading metal sheets, as well as poles, windows and wheel barrows, intended for people living in tents into a truck. One of them was armed and had two extra magazines for his gun on him. These sheets and building materials have been provided by the government for people who are still living in tents after the fire that devastated Foreman Road on 13 September 2009.

    This corruption has been going on for some time. Ward Councillor Yakoob Baig makes sure that all development, no matter who small, goes through the local ANC supporters and not the community as a whole. But the ANC leaders in the settlement collect the metal sheets and other building materials and when they have enough they get a truck to take them to rural areas. This leaves some of those who chose to obey the government and to not rebuild themselves after the fire still stuck in tents 9 months after the fire!

    There have been two kinds of corruption after this fire. The first was when only ANC members with ANC cards were allowed into the government shacks built in Foreman Road after the fire. This is a political corruption. The second is this kind of theft where building materials are stolen.

    Corruption is theft from the people. The fight against corruption has always been central to the struggle of Abahlali. Today we are joined in our opposition to this corruption in Foreman Road by local members of the SACP and Cope.

    As the Forman Road Abahlali baseMjondolo branch we have had our differences with Supt. Nayager in the past. But as a movement we always believe that we must credit where credit is due. We therefore wish to note that in recent times Supt. Nayager has been a police officer for all the people of Ward 25, including the shack dwellers. We are being taken as citizens. We congratulate Supt. Nayager on this arrest. This arrest marks real progress in turning Ward 25 into a Ward where ever one that lives there has the same rights whether rich or poor, ANC or not.

    We strongly suspect that Cllr Yakoob Baig will write a letter to try and justify the actions of his supporters. We hope that we are wrong but if we are not wrong we mobilise against him or any politician that protects their corrupt supporters.

    We call upon the government to make sure that all development and support for communities is not channelled through small groups of ANC supporters but is negotiated democratically and openly with communities as a whole.

    Abahlali baseMjondolo, the SACP and COPE are all working in this area. We have our differences. For instance Abahlali baseMjondolo believes in people's power and not voting. But we are all together against corruption.

    For more information and comment contact:

    Mnikelo Ndabankulu, Foreman Road Abahlali baseMjondolo Branch at 079 450 0653.

    Bru Zelimane from the local SACP branch is also available for comment on 073 438 761 and Sifiso Nobani from the local COPE branch is available on 079 737 4178

    Featured post

    Media Reports on the Slums Act Case in the Constitutional Court

    Anti-Eviction Campaign, Abahlali baseMjondolo and Landless People's Movement banners outside the Constitutional Court

    Update:Click here for the report in the Mail & Guardian, here for the report at One.World, , here for the editorial in the Witness and here for some video footage of the court hearing.

    The Star

    http://www.thestar.co.za/index.php?fArticleId=4981008
    Slum bill draws vocal protest from three provinces

    May 15, 2009 Edition 4

    Bonile Ngqiyaza

    A provincial law that apparently seeks to eliminate slums in KwaZulu-Natal has got even far-flung parts of the country in a huff.

    The bill with a burdensome title – the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act – has not even been implemented yet, but already between 300 and 500 activists from Gauteng, KwaZulu-Natal and the Western Cape have been in the Constitutional Court in Braamfontein, Joburg, to demonstrate their opposition.

    Clad in red T-shirts, the activists expressed their dissatisfaction, mostly by singing protest songs outside the Constitutional Court.

    There were also church leaders from different denominations who attended the hearing to show support for those who might be affected by the intended act's provisions.

    The Land Affairs Department has joined KwaZulu-Natal MEC Mike Mabuyakhulu as respondents in the case.

    Abahlali baseMjondolo, the South African shackdwellers' movement – whose membership includes more than 20 000 residents of informal settlements in the Durban area alone – has been spearheading the attack on the bill, which is intended as a model for all provinces.

    Advocate Wim Trengove, for Abahlali baseMjondolo, argued that the law seemed to be in conflict with the National Housing Act and national housing policy, as well as with certain provisions of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act.

    Deputy Chief Justice Dikgang Moseneke remarked that while the act's aims were to improve the living conditions of communities, it carried no detailed plans to ensure that this happened.

    Also, the phrase dealing with improving the living conditions of communities came only at the end.

    Lawyers for the government responded that the act had not yet been implemented and it was therefore premature to challenge it.

    BBC

    http://news.bbc.co.uk/2/hi/africa/8049449.stm

    South Africa shanty town bill row

    An estimated one in 10 South Africans live in informal settlements

    The South African government is being taken to court over plans to abolish shanty towns in the city of Durban.

    Community organisations representing Durban shack dwellers say the bill is unconstitutional because it seeks to re-locate residents against their will.

    They say many have schooling and work nearby and the move could mean families being separated.

    It has been estimated that almost 10% of South Africans still live in such settlements.

    They were first set up on the outskirts of major towns and cities during white minority rule.

    The shack dwellers' movement, Abahlali baseMjondolo, tried unsuccessfully to get certain provisions of the KwaZulu-Natal Slums Act declared unlawful in a lower court.

    'Within the law'

    The movement is now bringing its case to the Constitutional Court in Johannesburg.

    The campaigners warn that if the act is introduced in KwaZulu-Natal, it will be brought in to other provinces.

    It says a few informal settlements have already been demolished in Western Cape province.

    The respondents, led by the Department of Land Affairs, are adamant they are acting within the constitution.

    Community leader Zweli Nzimande told the BBC's Network Africa programme: "This is not a good act at all. It's taking people far away from where they are staying, to the places where they don't want to go.

    "This act is saying people must leave where they used to stay.

    "Now they must go 10km (six miles) away from the city, so we are complaining. We are schooling, our parents are working nearby so they can't afford to go somewhere far away."

    The BBC's Mpho Lakje in Johannesburg says that when the African National Congress came to power 15 years ago it promised free quality housing for all.

    So far the governing party has provided housing for nearly three million people and President Jacob Zuma has promised his new administration will speed up the roll out of state-subsidised housing

    The Citizen

    http://www.citizen.co.za/index/article.aspx?pDesc=95853,1,22

    Published: 14/05/2009 17:30:43

    KZN GOVT defends “Slums Act”

    JOHANNESBURG – The KwaZulu-Natal government defended its controversial “Slums Act” in the Constitutional Court on Thursday saying there were at least 200,000 people living in degrading conditions in the province.

    “There are people living next to the railway lines in Umlazi in circumstances which are degrading,” said the province’s housing department senior counsel Jeremy Gauntlett.

    “The state has to deal with the problem,”said Gauntlett.

    “And that means you start treading on various bunions.”

    At issue is the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act which the lobby group Abahlali baseMjondolo Movement feels is unfair.

    The Act aims to eliminate slums, prevent new slums from developing and control and upgrade existing slums.

    But the lobby group, which says it represents about 20,000 shack dwellers, feels the act is being used to harass them.

    One of their grievances, they argue, is that a section of the Act allowing an MEC to institute eviction proceedings is unconstitutional.

    One of the reasons this is unconstitutional is that it strips a local municipality of its own powers, and does not leave room for a land or property owner to take action.

    It also forces a land owner or a municipality to carry out an order from the housing MEC to begin eviction proceedings.

    Earlier the court heard that many landowners permitted the occupation by shack dwellers for money and out of “greed”.

    The judges were also told that a slum was not limited to an informal settlement with poor conditions, but could also be a city building which had been neglected.

    Gauntlett said there were remedies for owners or residents facing eviction proceedings.

    The owners or occupiers could “attack” notices of eviction in court.

    The MEC could use the power “gingerly” and first order a municipality to help rectify the conditions that led to the area becoming a slum, or as a neighbouring municipality to help with, for example, the provision of sanitation.

    Gauntlett said that the law was still new and “we must wait to see what the MEC does with this power”, suggesting that the case might be premature as the challenge was not related to a specific eviction attempt.

    Much of the court’s argument turned on an English court finding known as “Pye” which set an international precedent in statutory processes that must be followed if there was an eviction dispute between a land owner and person using the land.

    Rishi Seegobin,lawyer for the province’s housing department said that the poor were sadly victims of unscrupulous landlords,and that he could find nothing “offensive” in the Act.

    He echoed Gauntlett, saying Thursday’s challenge was “abstract” as the Act had not been used yet and did not have regulations yet.

    In his reply, Trengove said that not all people letting out shacks were greedy. Many did it for “a few rands” and catered to a need for housing.

    – Sapa

    The Citizen

    http://www.citizen.co.za/index/article.aspx?pDesc=95923,1,22

    Published: 5/14/2009 21:15:22
    Protest against new slums law

    KATLEGO KALAMANE

    JOHANNESBURG – About 1 000 members from various non-governmental
    organisations travelled from across the country to the Constitutional Court in Johannesburg to protest against the KwaZulu-Natal Slums Act.

    General secretary of the Rural Network in KZN, Mbhekiseni Mavuso, said his organisation was pledging its support to Abahlali baseMjondolo (ABM), which has applied to have the Act declared unlawful under the Constitution.

    Their support came because members suffered similar experiences as ABM members, who claimed they were being brutalised and harassed by police.

    The Act “is portrayed as preventing the re-emergence of slums. But it is a reinforcement of apartheid laws,” said Mavuso.

    ABM says areas replacing “slums” are called transit camps in
    KwaZulu-Natal, temporary relocation areas (TRAs) in Cape Town and decent camps in Gauteng.

    But “they are nothing but a way for the government to evict the poor, to force people out of the cities, in the name of providing so- called ‘housing opportunities’. ”

    On Wednesday Western Cape police were allegedly intimidating backyard dwellers during a clean-up campaign at Macassar village.

    ABM Western Cape chairman Mzonke Poni, claimed there was a heavy police presence and people were being intimidated.

    This came as backyard dwellers were trying to clean vacant land to show the local and provincial government that there was sufficient land to build houses for people of Macassar at Macassar.

    Business Day

    http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A1000196

    Shack dwellers contest slums law in court
    ERNEST MABUZA

    Legal Affairs Correspondent

    THE KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act was a measure to eliminate the poor conditions in which 200000 families in the province found themselves living, the Constitutional Court heard yesterday.

    “National and provincial government have been slow in dealing with the situation. Only last week, 12 people died in fires in Kennedy Road informal settlement. Slums should not be prettified and people should not be exposed to these conditions. We are not apologetic about that,” Jeremy Gauntlett SC told the court.

    Gauntlett, representing the provincial government, said apart from the KwaZulu-Natal families living in slums, 2-million other families in SA lived in slums.

    The province was opposing an application by Abahlali Basemjondolo, an organisation of shack residents from KwaZulu-Natal, which wanted section 16 of the act declared unconstitutional.

    The residents feared the section undermined national legislation such as the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Housing Act, which gave protection for those whose rights to land were insecure.

    The section states, “An owner or person in charge of land or a building, which … is already occupied by unlawful occupiers must, within the period determined by the (MEC) by notice in the Gazette, in a manner provided for in section 4 or 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, institute proceedings for the eviction of the unlawful occupiers.”

    Wim Trengove SC for the residents, told the court that the section was in conflict with the PIE Act, which discouraged the bringing of eviction proceedings.

    Gauntlett said the act aimed to eliminate slums, prevent the re-emergence of slums and improve the living conditions of the communities in the province. Gauntlett said several duties were imposed on the MEC before he could order the institution of eviction proceedings.

    He said the act stated that each municipality must first prepare and submit to the MEC a status report detailing the number of existing slums within its area of jurisdiction, and whether land may be made available by the municipality to the unlawful occupiers.

    Gauntlett said the act also provided for the establishment of transit areas to be used for temporary accommodation of people who had been evicted from a slum, pending the acquisition of land or buildings for their permanent accommodation.

    “This has been missing in legislation in our country. The establishment of transit areas is very progressive,” Gauntlett said.

    The court reserved judgment.

    mabuzae@bdfm.co.za

    East Coast Radio
    http://blog.ecr.co.za/newswatch/?p=5392

    Concourt hears ‘Slums Act’ challenge

    A group from the Abahlali base Mjondolo Movement could be heard chanting outside the Constitutional Court today as inside senior council Wim Trengove argued on their behalf against the “Slums Act”.

    Administration worker Jeffrey Magamu had to silence the demonstrating crowd of around 60 people who were singing, chanting and blowing vuvuzelas outside the court.

    He asked them to stop singing and fold their banners before allowing them to sit in the court’s foyer where they could watched court proceeding on a TV screen.”Now all is orderly,” he told Sapa.

    Only 50 of the protesters were allowed in court.

    The group, which works towards improving the living conditions of shack dwellers, had tried unsuccessfully to get certain provisions of the “Slums Act” declared unconstitutional in a lower court, so decided to approach the Constitutional Court.

    Trengove explained that the definition of a slum is not confined to conditions in certain informal settlements but can also be inner city buildings that have been allowed to degenerate.

    The act would also apply to people who live in rooms in people’s
    backyards which have not been sanctioned by municipal authorities.

    The court heard that there were “tensions” in law over the rights of owners to let people live on their property, and governmental obligations to evict people from properties that did not comply with building or other municipal regulations, or to make way for upgrades to informal settlements.

    The KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act was passed in 2007 by the KwaZulu-Natal legislature and the lobby group see it as an “attack on the poor”.

    It aims to eliminate slums, prevent new slums from developing and control and upgrade existing slums.

    The departments of housing and land affairs are part of the court hearing in Johannesburg.

    (Source: Sapa; Photo: www.abahlali.org.za)

    The Times
    http://www.thetimes.co.za/News/Article.aspx?id=998994

    May 14, 2009

    Breaking no new ground

    State’s callous slum evictions face constitutional test today, writes Richard Pithouse

    TODAY the Constitutional Court will hear the attempt by the shack dwellers’ movement Abahlali baseMjondolo to have the KwaZulu-Natal Slums Act declared unlawful.

    Other provinces have been mandated to develop similar legislation and the decision of the court might have a significant impact on the future of our cities.

    Thabo Mbeki’s government built a lot of houses. But this does not mean that we have been building democratic and inclusive cities — the apartheid state also built a lot of houses.

    In fact, Lindiwe Sisulu, Mbeki’s housing minister, left the state’s housing programme in a catastrophic mess. The “breaking new ground” policy, officially adopted in 2004, recommends democratic engagement with communities with a view to upgrading settlements where they are. It has never been implemented.

    The Constitution protects unlawful occupiers of land against summary eviction but the state is the primary perpetrator of systematically unlawful evictions. The state’s actions are, in strict legal terms, routinely criminal.

    Both policy and law have been ignored in favour of an increasingly authoritarian discourse around eliminating or eradicating slums. This has led to a deliberate reduction in the provision of basic services to shack settlements and forced removals to out-of-town housing developments and prison-like “transit camps”.

    One of the many pernicious consequences of the slum-clearance discourse is that the government ends up measuring its progress on the resolution of the urban crisis in two ways . The first is the reduction in the number of shacks. So, if only half the residents of a settlement are accommodated in a new housing development and the rest are left homeless when their settlement is razed, the state will measure that as progress.

    The other way in which progress is measured is by the number of people moved into state-controlled spaces.

    And, in a perverse Orwellian move, some municipalities are compounding the damage and turning the urban question into a numbers game by calling the new and deservedly notorious transit camps, or even tents, “housing opportunities”.

    So, even when people are forced out of shacks and into transit camps at gunpoint, the statistics show that they have “accessed a housing opportunity”.

    It is no surprise that shack dwellers across the country, some organised into movements and others acting independently, have been blocking roads, marching on councillors’ homes and, on the rare occasions when they can access the judicial system, taking the government to court. Entirely legal forms of protest have often been responded to with unlawful state repression.

    The Slums Act, passed into law in 2007, is an attempt to give legal sanction to the turn to an outright authoritarian and anti-poor response to the crisis of our cities. It has direct connections to similar colonial and apartheid legislation, such as the 1951 Prevention of Squatting Act. It compels municipalities and private land owners to evict, gives legal sanction to the notorious transit camps and criminalises shack dwellers’ movements.

    People have been beaten, shot at with rubber bullets and arrested while protesting against it.

    There are currently no grounds for optimism that Zuma’s government will seek a more just and democratic resolution of the urban crisis than that imagined by Mbeki. On the contrary, the ANC’s Polokwane resolutions endorse the extension of the Slums Act to other provinces.

    It doesn’t have to be this way. The state could, along with meaningful and pro-poor rural land reform, actively support the efforts of poor people to hold their ground in our cities. It could, for instance, attempt to implement the breaking new ground policy. Or it could take a larger step forward and, following examples in Brazil and the Philippines, implement measures to put the social value of urban land before its commercial value.

    Grass-roots activists will be making their way to the Constitutional Court for the hearing today from shack settlements around Johannesburg, and from Durban and Cape Town. We will have to wait to see how the court decides to measure their humanity. We will also have to wait to see how it decides to weigh that humanity against the demand for legislation
    that can only, when it comes down to the practicalities of sending out the men with guns to banish the poor from our cities, be a bloody business. — Pithouse teaches politics at Rhodes University © SACSIS

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    Church Leader’s Statement on the Slums Act Constitutional Court Case

    Click here to read an annotated version of this statement in word.doc, here to read the latest Abahlali baseMjondolo statement on the struggle against this act and here for a collection of documents on the Slums Act and the struggle to overturn it.

    Oppose the Slums Act

    A statement from Church leadership in support of Abahlali baseMjondolo’s challenging the KZN Slums Act in the Constitutional Court on 14 May 2009.

    As church leaders in South Africa we support the shackdweller movement, Abahlali baseMjondolo, as it takes the struggle for the safety, dignity and equality of the poor to the Constitutional Court. We know that many people join Abahlali “because they do not want to be evicted from the cities where they already have some access to work, education, health care, libraries, sport facilities and so on. The struggle for the right to the city, for democratic cities for all, is therefore at the centre of [Abahlali’s] struggle.” As church leaders, we affirm that, “Every person is created in the image of God and is loved by God. Our social policies and practices must strive to reflect that. … Any approach to social problems that seeks to create the impression of progress by simply sweeping the oppressed out of the cities must be vigorously opposed. If this happens it will be our duty as church leaders to, once again, stand before the bulldozers” .

    Today, we stand with the movement at the Constitutional Court to denounce the KZN Slums Act which has been widely condemned as a return to apartheid legislation. This concern has been expressed by a large number of organisations and individuals beginning with Abahlali baseMjondolo and then including the churches and the Special Rapporteur on Adequate Housing at the United Nations, as well as the Geneva-based Centre for Housing Rights and Evictions (COHRE), the Legal Resources Centre (LRC), Slum Dwellers International (SDI), South African Council of Churches (SACC), Southern African Catholic Bishops Conference (SACBC): Land and Agrarian Reform Initiative, Association for Rural Advancement (AFRA), Pietermaritzburg Agency for Christian Social Awareness (PACSA), KwaZulu Natal Christian Council (KZNCC), Diakonia Council of Churches, Ecumenical Service for Socio-Economic Transformation (ESSET), Ujamaa Centre for Biblical and Theological Community Development and Research (UKZN), and the Church Land Programme (CLP).

    Abahlali have said of this odious piece of legislation that it is “a clear attack on the poor. It is an attempt to give legal support to the transit camps and to evictions and to criminalise our movements. It is an attempt to turn the forgotten people into the deliberately excluded and deliberately oppressed people. We cannot accept this” . We too cannot accept this. It is our sincere hope that the learned judges of the Constitutional Court will also not accept that there is any place for this law in our constitutional dispensation which holds out the promise of dignity, equality and humanity for all.

    Although the Slums Act is a provincial one for now, we are well aware of concerted efforts to extend and replicate it across other provinces. This makes it, even more so, a matter of national concern that it be rejected by all right-thinking and caring South Africans. “There is no doubt that we collectively face a massive challenge to make sure that everyone has decent housing. … But treating shack settlements as an abomination to be moved out-of-sight, and treating shack-dwellers and the poor as stupid and criminal, is wrong in principle and counter-productive in practice. The creativity, intelligence, and struggles of the poor are the greatest resource for overcoming the challenges put before us all. Indeed we need to recognise that shack settlements, imperfect as they are, have been an effective means of providing housing for the urban poor. Working with people in a respectful way should be the basis for a proper partnership that begins to change our cities to more just, equal and shared spaces where shalom reigns” .

    At this point it has been confirmed that the following Church leaders will be in attendance at the Constitutional Court tomorrow, with additional participants and statements expected during the course of the day:

    Bishop Rubin Phillip – Diocese of Natal, Anglican Church of Southern Africa;
    Anglican Liaison Bishop for Land Matters;
    Chairperson of the KwaZulu Natal Christian Council.

    Rev. Phumzile Zondi-Mabizela – CEO of the KwaZulu Natal Christian Council.

    Bishop Paul Verryn – Bishop: Central District, Methodist Church of Southern Africa;
    Minister: Central Methodist Mission, Johannesburg.

    Rev. Dean Desmond Lesejane – Dean: Evangelical Lutheran Church in Southern Africa;
    Director: Ecumenical Service for Socio Economic Transformation.

    Rev. Canon Luke Pato – Director: Justice, Reconciliation and Healing, South African Council of Churches.

    Rev. Solomuzi Mabuza – Minister: Evangelical Lutheran Church in Southern Africa;
    Programme Officer: Ujamaa Centre for Biblical and Theological Community Development and Research, University of KwaZulu Natal.

    Rev. Thulani Ndlazi – Minister: United Congregational Church of Southern Africa.

    Mr. David Ntseng – Programme Manager: Church Land Programme.

    Mr. Graham Philpott – Director: Church Land Programme.

    Statement released on 13 May 2009, by:

    Rev. Phumzile Zondi-Mabizela, KZN Christian Council
    G. Philpott, Church Land Programme.

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    AbM Cape Town on New Politicians & Creating Communities from Below

    Visit http://www.khayelitshastruggles.com/ for ongoing updates on the Macassar Village situation.

    Abahlali on New Mayor for City of Cape Town and Housing MEC for the Western Cape

    Abahlali baseMjondolo of the western cape welcomes the appointment of Madikizela as the new housing MEC of the western cape, while we welcome it but we are also clear as Abahlali that Madikizela will just be the face that represent MEC for housing for the Western Cape and we believe that Zille will be the one that will make and take crucial decisions about housing crisis within the Western Cape and Madikizela is just there to implement those decision.

    That is also the same with the City of Cape, Dan Plato who performed very bad while he was the head of service delivery for the city and now become the new mayor for the city is also not given the job by Zille because of competence but because he is one of Zille’s loyalist and he will be please to take orders from his madam and implement them.

    Event for Wednesday the 13th May 2007

    The newly formed branch of Abahlali baseMjondolo of the Western Cape by backyard dwellers at Macassar Village will be having a cleaning campaign of the vacant land that is nearby the area along N2 next to Shell garage (when heading to Somerset West from Khayelitsha with N2).

    Three weeks back the backyard dwellers of the area tried to occupy the land and they were intimidated by the police and members of Metro police and their building material was confiscated.

    Tomorrow the backyard dwellers will clean the land with a view to show the Local and Provincial government that there is a plenty of land to build houses for the people of Macassar at Macassar.

    As the members of Abahlali baseMjondolo we are going to make sure that each an every day we are going to use that land into our own advantage until government decides to build houses for the people of Macassar and we are prepared to make things easier for them by creating a community from below.

    Every day at 18:00 more than 100 homeless people gathers at this piece land to discuss issues that affects us such as high rents (which starts from R 350 to R 600 per month, just for putting a shack at the back of the house) that we are paying to the owners of the houses and other issues that affects us.

    Tomorrow we’ll gather at 10: 00 am

    For comments: please contact Mzonke Poni the Chairperson of ABM Western Cape

    Or Theliwe Macekiswana 083 248 1658 or Ronell 073 775 5132

    Featured post

    Abahlali baseMjondolo Will Challenge the KZN Slums Act in the Constitutional Court on 14 May 2009

    The Delft Transit Camp, 30 kilometers outside of Cape Town, March 2009. A nightmarish glimpse into the future of our cities under the Slums Act?

    Abahlali baseMjondolo Press Release
    Wednesday, 6 May 2009

    Abahlali baseMjondolo Will Challenge the KZN Slums Act in the Constitutional Court on 14 May 2009

    The Shack Dwellers’ Road to the Constitutional Court

    Abahlali baseMjondolo will once again climb another high mountain for the first time when our struggle for the safety, dignity and equality of the poor ascends to the Constitutional Court of the Republic of South Africa. In 2005 when we formed our movement we committed ourselves to do whatever it takes to protect the rights, lives and future of the shack dwellers and the poor in South Africa. We are determined to defend our children, without compromising our future generation.

    Most of the new people and communities that are joining our movement do so when they are threatened with an eviction. We build and run crèches and gardens in the settlements, we educate ourselves through our own university, we fight to democratise this society from the bottom up by building the power of the poor against the rich and the politicians, we do what we can to support people after fires, we fight for water, electricity, toilets and access to schools. We oppose xenophobia. This list is long. But the fact is that most people join our movement because they do not want to be evicted from the cities where they already have some access to work, education, health care, libraries, sport facilities and so on.

    The struggle for the right to the city, for democratic cities for all, is therefore at the centre of our struggle. Our struggle for the right to the city has never been easy. It has been a long journey with many obstacles to overcome and many small victories along the way. After some time and many battles, sometimes in court and sometimes in the streets, we stopped all evictions in all our settlements. But other settlements continue to face evictions. And when they are confronted with evictions they often come to us and we have to begin the struggle all over again.

    But at the same time as we have made progress in stopping evictions and even negotiating with the eThekwini Municipality to upgrade some of our settlements the ama-tins or governments shacks have been imposed all over the country. They are called transit camps in KwaZulu-Natal, Temporary Relocation Areas (TRAs) in Cape Town and Decant Camps in Gauteng. They are nothing but a way for the government to evict the poor, to force people out of the cities, in the name of providing so called ‘housing opportunities’. The government uses these places to say that it is ‘housing’ people. Anyone can see that these places are for no purpose other than oppressing the people. These are places for people that do not count in our society, people who are unwanted. Some of them are like prisons. Many do not have even basic services. How can a family live in one room? The transit camps must come to an end. We have joined with our alliance partners in all of these provinces to call for an end to all oLindela.

    And then in 2007 the KwaZulu-Natal Elimination and Prevention of the Re-emergence of Slums Act was imposed by the KwaZulu-Natal Department of Housing. This Act was imposed against the will of the poor who the government is meant to serve. It is a clear attack on the poor. It is an attempt to give legal support to the transit camps and to evictions and to criminalise our movements. It is an attempt to turn the forgotten people into the deliberately excluded and deliberately oppressed people. We cannot accept this.

    Abahlali baseMjondolo have made it clear from the onset that we will not accept any attempt by the KwaZulu-Natal Department of Housing to undermine our struggles, our lives and those rights that are protected by the constitution. The road from the shacks to this court has never been an easy one. It takes a very strong shack dweller’s organisation to stand firm for what we believe is right for the future of our cities. It takes a very humble, democratic and a caring government to understand the will of its citizens. A caring government would rather engage its citizens than turn them into its rivals.

    We believe that there was no need in the first place for the Slums Act. The only need was for the Department of Housing to table its worries to the shack dwellers themselves. If they had concerns why didn’t they call a housing summit with all shack dweller’s organisations? Abahlali baseMjondolo are determined to be part of the solution of any problem associated with the lives and communities of our members. But this can only happen when shack dwellers are accepted by government as profitable members of our society. But in the Slums Act we are presented as criminals whose homes must be destroyed, whose organisations must be criminalized and whose lives deserve the transit camps instead of the accepted house with dignified material. When the politicians try and justify this Act they always talk about freeing the people from Slum Lords but while we fight Slum Lords they work with them to try and control communities and to try to force them to accept oppression! The MEC for housing in KwaZulu-Natal always says that people need proper houses. We say the same. But while we struggle for decent housing they are forcing the people into the government shacks – the notorious Transit Camps, oLindela.

    We still have solutions to our own problems. We still believe that the Breaking New Ground policy must be implemented. We still believe that settlements must be upgraded, with democratic planning at every step of the way, where they are. If this is genuinely not possible then houses must be built nearby. We still believe that while people wait for the houses they must get free basic services such as water and sanitation, electricity, collection of refuse, access roads for emergency vehicles, and that fire hydrants, community halls and crèches for our children must be provided in all our settlements. We still believe in a moratorium on all evictions.

    We will all, together with our partners in the Poor People’s Alliance, as well as Bishop Rubin Phillip and many other church leaders, journey to the Constitutional Court to ask the judges there to protect our rights. We are convinced that we have good case, and that we have a good legal team, which takes our instruction quite seriously. We are sure that there will be much national interest in this move by our organisation as this Act, which the National Department of Housing has asked other provinces to copy, will have a devastating impact on millions of forgotten shack dwellers in our beautiful country if it is not challenged.

    We call upon all Abahlali friends, all progressive organisations, church groups and passionate individuals to join us in this journey. Abahlali baseMjondolo in KwaZulu-Natal and Western Cape, the Landless People’s Movement in Gauteng, the Rural Network in KwaZulu-Natal and the Western Cape Anti Eviction Campaign have all confirmed that they will join the march down this historic road from the shacks to the Constitutional Court.

    Further queries can be forwarded to

    Mnikelo Ndabankulu ABM-KZN 079 745 0653
    Mbhekiseni Mavuso Rural Network KZN 072 279 2634
    Mzonke Poni ABM Cape Town 073 256 2036
    Ashraf Cassim AEC Cape Town 076 186 1408
    Maureen Mnisi LPM-Gauteng 082 337 4514

    Further further information on the Act, Abahlali baseMjondolo’s critique of the Act and the history of the struggle against this act see the June 2007 press statement from the movement, and the list of links, below.

    Abahlali baseMjondolo Press Statement Thursday, 21 June 2007

    Operation Murambatsvina comes to KZN: The Notorious Elimination & Prevention of Re-emergence of Slums Bill

    Today the KwaZulu-Natal Elimination & Prevention of Re-emergence of Slums Bill will be tabled in the provincial parliament. Abahlali baseMjondolo have discussed this Bill very carefully in many meetings. We have heard Housing MEC Mike Mabuyakulu say that we must not worry because it is aimed at slumlords and shack farming. We have heard Ranjith Purshotum from the Legal Resources Centre say that “Instead of saying that people will be evicted from slums after permanent accommodation is secured, we have a situation where people are being removed from a slum, and sent to another slum. Only this time it is a government-approved slum and is called a transit area. This is the twisted logic of the drafters of the legislation”. We have heard Marie Huchzermeyer from Wits University say that this Bill uses the language of apartheid, is anti-poor and is in direct contradiction with the national housing policy Breaking New Ground. Lawyers have told us that this Bill is unconstitutional.

    It is very clear to us that this Bill is an attempt to mount a legal attack on the poor. Already the poor, shack dwellers and street traders, are under illegal and violent attack by Municipalities. This Bill is an attempt to legalize the attacks on the poor. We know about Operation Murambatsvina. Last year one of our members visited Harare and last week we hosted two people from Harare. This Bill is an attempt to legalize a KZN Operation Murambatsvina before the World Cup in 2010. We will fight it all the way.

    1. AIM OF THE BILL

    The Bill says that its main aims are to:

    • Eliminate ‘slums’ in KwaZulu-Natal
    • Prevent new ‘slums’ from developing
    • Upgrade and control existing ‘slums’
    • Monitor the performance of departments and municipalities in the elimination of ‘slums’ and the prevention of new ‘slums’ from developing.

    It has detailed plans to make sure that all of this really happens. The Bill also says that it aims to ‘improve the living conditions of communities’ but it has no detailed plans to make sure that this really happens. It is therefore clear that its real purpose is to get rid of ‘slums’ rather than to improve the conditions in which people live. Mabuyakulu says that we shouldn’t worry because the real targets are slum lords and shack farming but this is not what the Bill says and, anyway, there are no slum lords in Abahlali settlements. Abahlali members have been to Nairobi. We have seen how the slum lords rule the Nairobi settlements and we are strongly against slum lordism. But we do not live in Nairobi. All Abahlali settlements are democratic communities and many other settlements in KZN are also not run by slum lords.

    The Bill does not aim to:

    • Force local and provincial government to deal with the conditions that force people to leave their homes and move to shack settlements
    • Force local and provincial government to immediately provide basic services to shack settlements like toilets, electricity, water, drainage, paths and speed bumps while they wait for upgrades or relocations
    • Force local and provincial government to follow the laws that prevent evictions without a court order, the laws that prevent people from being made homeless in an eviction or to follow the Breaking New Ground Policy that aims to upgrade settlements in situ (where people are already living) instead of relocating people so far from work and schools that they have to leave their low cost houses and come straight back to shacks.
    • Force local and provincial government to make their plans for shack dwellers with shack dwellers to avoid the bad planning that undermines development (such as relocating people so far away from work that they have to move back to shacks)

    We do not need this Bill. The first thing that we need is for government (local, provincial and national) to begin to follow the existing laws and polices that protect against evictions, forced relocations and which recommend in situ upgrades instead of relocations. After that we need laws that break the power that the very rich have over land in the cities and we need laws to compel municipalities to provide services to shack settlements while people wait for houses to be built.

    This Bill is not for shack dwellers. It is to protect the rich, by protecting their property prices.

    2. DEFINITION OF IMIJONDOLO

    In the Bill the word ‘slum’ is defined as an overcrowded piece of land or building where poor people live and where there is poor or no infrastructure or toilets.

    The Bill uses the word ‘slum’ in a way that makes it sound like the places where poor people live are a problem that must be cleared away because there is something wrong with poor people. But it does not admit that the poor have been made poor but the same history of theft and exploitation that made the rich to be rich and it does not admit that places where poor people live often lack infrastructure and toilets because of the failure of landlords or the government to provide these things. The solution to the fact that we often don’t have toilets in our communities is to provide toilets where we live and not to destroy our communities and move us out of the city. In this Bill the word ‘slum’ is used to make it sound like the poor and the places where they live are the problem rather than the rich and the way in which they have made the poor to be poor and to be kept poor by a lack of development.

    In America black community organizations have opposed the use of the word ‘slum’ to describe their communities because they say it makes it sound like there is something wrong with them and their places rather than the system that makes them poor and fails to develop their places. They also say that once a place is called a ‘slum’ it is easy to for the rich and governments to say that it must be ‘cleared’ or ‘eliminated’ but if a place is called a community then it is easier to say that it must be supported and developed.

    There is also a problem with calling imijondolo ‘informal settlements’ because once a place is called ‘informal’ it is easy for people to say that it shouldn’t get any of the ‘formal’ services that people need for a proper life like electricity, toilets, refuse collection and so on. But many of us have lived our whole lives in ‘informal settlements’. We can’t wait until we live in ‘formal’ houses to get electricity to stop the fires, water, toilets, drainage, refuse collection and so on. We are living our lives now. We can’t wait to start living only when and if the government puts us in a ‘formal’ one roomed ‘house’ far out of town.

    And we don’t like the word ‘eliminate’. This is a word that is violent and threatening, not respectful and caring. Our communities should be nurtured, not eliminated.

    The people who live in the imijondolo must decide for themselves what they want their communities to be called. We must be allowed to define ourselves and to speak for ourselves.

    3. SUPPORTING THE RICH AGAINST THE POOR

    • The Bill makes it criminal to occupy a building or land without permission from the owner of the building or the land.
    • It forces municipalities to force landowners to evict people on their land (or in their buildings).
    • It forces municipalities to seek evictions if landowners fail to do so.
    • It forces municipalities to make a plan to eliminate all the ‘slums’ in its area within six months of this Bill becoming law.
    • It forces municipalities to give an annual report on its progress towards eliminating all ‘slums’.
    • It forces the provincial Department of Housing to closely watch Municipalities and to support them to make sure that they evict people from land that they have occupied.
    • It forces the Provincial Department of Housing to support ‘any project adopted by a municipality’ to ‘relocate’ people from imijondolo.
    • It says that Municipalities may evict people when evictions are in the public interest.
    • It forces landowners to protect their land against the poor with fences and security guards. Landowners who do not protect their land against the poor will be guilty of a criminal offence.
    • It forces landowners to evict people from their land.

    This Bill does not provide any protection for people who have been made poor by the same history and economy that made the rich to be rich and who have decided to occupy land or buildings that are owned by the rich but are not being used by them. In many countries the poor have a legal right to use vacant land or buildings that are owned by the rich but are not being used by them. It is like this in Turkey. There is no reason why South Africa can not also give this right to the poor.

    The need of the very poor for housing in the cities near work and education should come before the needs of the very rich to have their property prices protected.

    4. TRANSIT AREAS

    The Bill allows Municipalities to buy or take land to accommodate people that have been evicted while they are waiting for new developments. These are called ‘transit areas’. The Bill does not give any guaranties as to where these ‘transit areas’ will be located, what services will be provided there, if communities will be kept together or broken up when people are taken to these places or how long they will have to live in these places.

    We know that all through history and in many countries governments have put their political opponents, the very poor, people who were seen as ethnically, cultural and racially different, and people without I.D. books in camps. These camps are always supposed to be temporary – a ‘transit’ between one place and another. But very often these camps have become places of long and terrible suffering. That is why in the Mail & Guardian it was written that this Bill reminds people of Nazi Germany. We know that in India shackdwellers who were taken to transit camps in the 1960s are still there now.

    5. EXPROPRIATION OF LAND

    The Bill gives Municipalities the right to expropriate land. This means that they have the right to take land from landowners. This could be a very good thing for the poor if land was taken in the cities so that the poor could live safely and legally next to work, schools and clinics. But the Bill says nothing about which land should be taken. It only says that land can be taken to set up a ‘transit area’ or for people ‘removed or evicted from a slum’. Therefore it seems that the right to expropriate land will most be likely be used to evict the poor from the cities and to dump them in rural areas and not to defend their right to live in the cities against the interests of very rich land speculators and developers. Already shack dwellers are being taken out of Durban and dumped in ‘formal’ low cost houses in places like Park Gate. There is no guarantee that this will not continue.

    6. CRIMINALISING THE POOR

    This Bill makes any one who tries to stop an eviction a criminal who can be fined R20 000 or sent to prison for 5 years. Any normal person would try to stop an eviction. Which mother would stand by while her home and community is destroyed? If this law is passed it will make us all criminals. But this law says nothing about stopping the illegal and unconstitutional evictions that are perpetrated against shackdwellers all the time by the eThekwini Municipality. The Municipality breaks the law every time that it evicts us without a court order and every time it leaves people homeless but Municipal officials are never arrested. If the laws that exist now are now are not used fairly we have no guarantee that this law will be used fairly

    7. WHO SHOULD PLAN THE FUTURE OF OUR CITIES?

    Durban and Pinetown and Pietermaritzburg and all the cities in this province, this country and in the world were built by the work of the poor. But poor people didn’t only build our cities. They have also done a lot of the planning of the development of our cities. It was the poor who decided that black and white and rich and poor shouldn’t live separately and who took unused land so that everyone could live together in our cities. Our cities look the way that they do because of both the planning of the rich, the planning of various governments and the planning or ordinary poor people. For example it was Biko Zulu who decided to start a settlement in Jadhu Place near to the schools in Overport and the jobs in Springfield Park and not any government.

    A democratic government should allow the poor to continue to be able to participate in planning the future of our cities. Planning should not only be a right for governments and the rich.

    On Friday 4th May 2007 the Provincial Legislature came to the Kennedy Road community hall to introduce the “ KZN Elimination and Prevention of Re-Emergence of Slums Bill, 2006”. The hall was overflowing with people from affiliating settlements of the Abahlali BaseMjondolo Movement. We clearly said “No land, No House – No Vote, No Bill!” We clearly told the Provincial Legislature about the illegal demolitions and evictions undertaken by the eThekwini Municipality, the failure to provide basic services to shack dwellers and the brutal criminalization of the politics of the poor by people like Supt. Glen Nayager of the Sydenham Police Station. They said that they do not know about any of this. If they do not know what is happening to shack dwellers in their own province then they must listen to shack dwellers before making laws. Listening and talking must come before deciding.

    A World Class city is not a city where the poor are pushed out of the city. A World Class city is a city where the poor are treated with dignity and respect and money is spent on real needs like houses and toilets and clean water and electricity and schools and libraries rather than fancy things for the rich like stadiums and casinos that our cities can just not afford.

    We will fight this Bill in the courts. We will fight this Bill in the streets. We will fight this Bill in the way we live our ordinary lives everyday. We will not be driven out of our cities as if we were rubbish.

    For comment please contact:

    1. Ms. Zandile Sithole, 0762270653
    2. Ms. Zodwa Nsibande, 0828302707
    3. Mr. Mnikelo Ndabankulu, 0735656241
    4. Mr. S’bu Zikode, 0835470474

    See Also

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    Police Support for Landlord Intimidation Continues in Motala Heights

    Thursday, 30 April 2009
    Abahlali baseMjondolo Motala Heights Press Statement

    Police Support for Landlord Intimidation Continues in Motala Heights

    Three families from lot 35 in Motala Heights are facing a plainly unlawful attempt at eviction. Yesterday some of them went to court, with the support of the UKZN law clinic, as part of the process of contesting their eviction.

    When they returned home from court they were subject to severe harassment from the landlord’s family. It started with verbal abuse – a lot of it highly racist. People were threatened that they would be beaten out of their homes if they tried to ‘be clever’ by ‘running to the court.’ After some time the verbal abuse escalated into physical violence. The nephew and then the pregnant daughter of one of the women facing eviction were both assaulted.

    The police were called. When they came they said that they could not help tenants and they just walked away. One of the women replied that: “My mother is in Abahlali baseMjondolo and last year we interdicted the Pinetown police to force them to follow the law and to protect everyone in this community. The court has said that you are not allowed to only see for the rich in this community.” But the police refused to help.

    A relative of the landowner who works for the Pinetown Police then arrived. He was in his normal clothes. He said to the tenants: “You can’t stay here. We are in charge here. You people are just like animals. Fuck off from here.” He is notorious in this community for using his position in the police to intimidate people.

    After some discussion Abahlali baseMjondolo advised the people to go the station to open an assault charge. At the same time all the Abahlali members in Motala were alerted to try and organise collective self defence.

    As soon as the Pinetown police heard the name of the family that had been insulting and assaulting the tennants they just refused to open a charge. This has happened many, many times before. All over Durban the police refuse to open charges against other polices. But here in Pinetown they just refuse to allow a poor person to open a charge against a rich person. In Pinetown the police will only see for you if you have a contact. The name for this is corruption.

    A local Abahlali activist went to the police station this morning. She demanded to see the Station Commander or the Station Director. She explained to numerous police officers that:

    1. This attempted eviction is clearly unlawful.

    2. Everyone has the right to go to court to contest an eviction.

    3. There is already an interdict forcing the Pinetown police to obey the law and to offer support to everyone in Motala Heights, including poor people.

    4. The harassment of the tenants is unlawful.

    She tried the whole day to see the station commander or the director but they were both always ‘in a meeting’. But she was able to get case number. The Pinetown Police station is so deeply corrupted that for a poor person to actually get a case number in a situation like this is very unusual. But there was no real co-operation. In fact the behaviour of the Pinetown Police is disgusting.

    For many years shack dwellers in Sydenham, Clare Estate and Reservoir Hills struggled against the Sydenham Police station. After many, many marches and some court cases the Sydenham Police Station is finally starting to treat poor people like human beings. But no one was surprised when polices that were brought in from Pinetown to try and ban UnFreedom Day in Kennedy Road, in Clare Estate, on 27 April were bought from Pinetown. It seems that the movement will have now have to shift its focus of struggle to the Pinetown Police.

    The Pinetown police have a long history of working for the rich and against the poor without regard to what is lawful and what is unlawful. They will never arrest a landlord for an illegal eviction or an assault on a tenant. In fact landlords continue to take rent and build on property that they don’t even own! Ricky Govender continues to dump toxic waste where ever he feels like. The police do nothing. Even journalists are blatantly intimidated in Motala Heights.

    Tomorrow Abahlali will continue to try and meet with the Station Commander or the Director of the Pinetown SAPS. We will also continue to mobilise the community for the purpose of self defence. We will also look for a pro-bono lawyer that can:

    1. Interdict the landlords and their families from insulting or assaulting the tenants that are opposing evictions.

    2. Ask a judge to order the arrest of the Pinetown Police officers if they continue to refuse to protect the poor from the open criminality of the rich in Motala Heights.

    For further information and comment please contact:

    Shamita Naidoo: 074 315 7962
    Bongo Dlamini: 074 875 6234

    Background to the Struggle in Motala Heights

    Press Releases from Motala Heights

    *Corruption and Armed Intimidation as Motala Heights Eviction Crisis Deepens, 20 June 2006.
    *Motala Heights Eviction Crisis Continues, 30 June 2006.
    *Motala Heights Eviction Crisis, Press Release 4, 21 August 2006.
    *Shacks Demolished at Motala Heights, Pinetown, 29 October 2006
    *Major Crisis as eThekwini Municipality Violently and Illegally Evicts Shackdwellers in the Motala Heights Settlement, 5 November 2006
    *Victory for the people of Motala Heights, 13 December 2006
    *Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction, 8 August, 2007
    *Four shacks Burn Down in Motala Heights, 10 September 2007
    *Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues, 13 May 2008
    *Court Action Against Intimidation in Motala Heights, 12 & 13 June 2008
    *AbM Youth League Chairperson’s shack has just been lost to fire, 30 July 2008
    *Armed De-Electrification in Motala Heights, 19 August 2008
    *Six Families Under Threat of Eviction in Motala Heights, 20 April 2008

    Pictures from Motala Heights

    *Ricky Govender gets his demolitions at Motala Heights (3 years ahead of the City’s schedule), 31 October, 2006
    *At the High Court for the Motala Evictions Case, 22 November 2006
    *Motala Heights on 12 December 2006 – the day before an eviction
    *SAPS stop Municipality workers from demolishing shacks, 13 December 2006
    * Photo essay on Motala Heights in December 2006 by Antonios Vradis.
    *Shack cinema, Motala Heights 11 March 2007
    *iPolitiki ePhilayo: Motala Heights Development Committee AGM, emZabalazweni, Motala Heights Settlement, 20 May 2007
    *Motala Heights, 2 August 2007. The day after Govender promised to bulldoze Uncle Jame’s house by the end of the month
    *Motala Heights, Meeting Against Evictions 4 August 2007
    *“Motala Heights Indian Shacks” – pictures by Shamita Naidoo, taken first week of August, 2006
    * The morning after 4 tin shacks burnt in Motala Heights, 9 September 2007
    *‘Meeting of the Poor Against the Rich’, 17 November 2007
    *The Motala Diggers, 31 October, 2008
    *New Evictions Threatened in Motala, 20 April 2009
    *Launch of the new Creche in Motala Heights, 26 April 2009

    Newspaper articles on Motala Heights

    *Isolezwe, 30 October 2006 Bathi abayi ezindlini abakhelwe zona
    *Mercury, 30 October 2006: Council vows to get rid of shack dwellers
    *Mercury, 30 November 2006: Shack dwellers win court order against municipality
    *Highway Mail, 17 August 2007: We Won’t Go
    *Mercury, 4 September 2007: Photographer was threatened, Police rescue news team after fracas
    *Highway News, 11 September 2007: News team threatened for shack story
    *Highway Mail, 14 September 2007: Homes in Ashes
    *Mail & Guardian, 21 September 2007: ‘They can pack up and go’
    *Highway Mail, 24 September 2007: No assistance for Motala Heights fire victims
    *Mercury, 8 October 2007: Court halts landlord’s threats
    *Daily News, 16 June 2008: Order won to prevent harassment: Tenants take landlord to court
    *Mercury, 17 June 2008: Order granted against landlord ‘harassment’
    *Mercury, 21 August 2008: Land owner to take legal action to evict tenants

    Other Media

    *CNN, 11 June 2008: Slums offer surprising hope for tomorrow’s urban world

    Legal Documents on Motala Heights

    *Affidavit on the Founding of Motala Heights by Bheki Ngcobo
    *PDF copy of letter from the Legal Resources Centre to City Manager Sutcliffe, 23 November 2006
    *PDF copy of court order preventing further demolitions in Motala Heights (29 November 2006), Letter from the Legal Resources Centre to the Pinetown SAPS (11 December 2006) and a letter from the LRC to the city’s lawyers (12 December 2006)
    *Interdict preventing Ricky Govender from bulldozing the home of Mr. and Mrs. Pillay and from threatening or assaulting them, 28 September, 2007
    *Court papers for interdicts against Ricky Govender et al, the Station Commander of the Pinetown SAPS & the Minister of Safety & Security, 13 June, 2008
    *Letter from CALS to Ricky Govender’s lawyer on ongoing intimidation of James Pillay despite the interdict, 8 July 2008, 2008
    *Letter from CALS to Ricky Govender’s lawyer explaining that they have no legal basis to evict, 31 July 2008, 2008

    Other Documents

    *Facing Uncertainty with Unity: Lives and livelihoods of shack dwellers in Motala Farm by Lisa Fry, late 2006
    *Comments by people who resisted evictions in Motala Heights in December 2006, document drawn up in early 2007
    *Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” (See section 3 for an account of the two visits of Tim Jeebodh to Motala Heights.
    *Freedom of Expression Institute statement that makes reference to Govender’s death threats to journalists
    *Abahlali baseMjondolo & the Police A list of key incidents of police harassment between March 2005 and January 2008 (including references to incidents in Motala Heights)
    *Letter to the eThekwini Municipality from groundWork on illegal dumping by Ricky Govender, January 2008
    *COHRE report on housing rights in Durban (includes Motala Heights), October 2008

    And a poem…

    *For Motala Heights, a poem by Jacques Depelchin, April 2009

    Various documents on New eMmaus

    New eMmaus is just over the hill from Motala Heights and is not under the control of Govender. However the two areas share, in part, a common history as people who were evicted from land owned by the Catholic Church live in both New eMmaus and Motala Heights. (Their ancestors came to the Marianhill Monastery as converts – they were evicted when the monastery sold land off for factories to be developed).

    *New eMmaus Cracks, Press Release, 3 October 2006.
    *New eMmaus Cracks – photographs, 3 October 2006.
    *Emmaus residents fall into housing cracks, Sunday Tribune article, 22 October 2006.
    *Abahlali to Mourn UnFreedom Day 2007 & Celebrate the Strength of the Strong Poor in New eMmaus, 27 April, 2007.
    *Pictures of the UnFreedom Day Celebration in New eMmaus, 27 April, 2007.

    Featured post

    To Resist All Degradations & Divisions: An interview with S’bu Zikode

    This interview was published in Interface in November 2009.

    Click here to read an annotated version of this interview in pdf and here to read a summary.

    To Resist All Degradations & Divisions
    An interview with S’bu Zikode

    Tell me something about where you were born and who your family were.

    I was born in a village called Loskop which is near the town called Estcourt. It is in the Natal Midlands. I was born in 1975. I have a twin sister, her name is Thoko. We are now the last born. I have two other sisters. I also had a brother who passed away so I am the only son.

    And when we grew up, very early, at the age of 7 years, when Thoko and I started school, our parents separated. We grew up with mother who used to work as a domestic worker. She would mostly be at work and we would remain with her sister most of the days. We did not have mother close to us. She would come once a month. And then we grew from different hands. When we were doing primary school we went to more than four schools. My mother would be away and it would be hard for her to support us so we grew up with different families. They were all good to us.

    When I look back I can see that that helped me a lot; learning at different schools, living with different relatives.

    Where was your mother working?

    In Estcourt, in town. From town to Loskop, today you are paying R9. The distance is 32 kilometres. She would come once a month.

    That must have been very difficult for the children.

    Ja, very difficult. Very difficult.

    How was she treated by the people she worked for?

    No, they were quite good people. Sometime we would visit her and I remember that they bought me a bike. They were good people. The problem is this system where so many women have no choice but to leave their homes and wash and clean for other families.

    When I was older they also found me a job. When I was at school they found me a job too. I was working with their boys as well, in one of the bottle stores, pushing trolleys. They’d call me over the weekends and I’d do some temporary jobs.

    But you were well looked after by the wider family.

    Yes, and when I was doing Standard Three I joined Boy Scouts. I had the opportunity to go on camps and other trainings and I learned a lot about manhood. Scouting was about training future men, future citizens. I was lucky to be appointed as a leader and to have the opportunity to attend even more trainings. I remember one of the trainings that I attended in Pietermaritzburg, Lexden .

    I went to Lexden as well!

    Ey, you know! The Patrol Leaders’ Training Unit! There was a lot of growth and learning. It was winter time. I can remember very vividly, it was difficult. And you had to decide whether to continue with this or to resign from being a Boy Scout. I remember when I returned back to the school and reported to the principal, because I would report directly to the principal who knew more about Scouts, he laughed a lot and I knew that he knew exactly what was going to happen. He asked me if I would still continue and I said ‘Ja’. A lot of lessons I learnt from there, from the hardship. It was preparing me for the worst to come and I have seen it in recent years. I am sure that I was shaped and made to be able to face the challenges that we are now facing.

    But it wasn’t just the hardship at Lexden. It was also the focus on responsibility and involvement in the community. I remember the Scout Motto: ‘Be Prepared’.

    And there was also a Scout Promise; that you promise to do your duty to God and to your country, to help other people at all times and to obey the Scout’s Law. I was still young and fresh at that time. I learnt the Scout’s Law. A Scout’s honour is to be trusted, a Scout is loyal, a Scout’s duty is to be useful and to help others, a Scout is a friend to all and a brother to every other Scout, a Scout tries his best to do at least one good turn to somebody every day.

    The things that I do today, for me are something that grew up in myself; my understanding of society, the social context, what the expectations are and what kind of society we are looking for.

    So there was no politics but leadership was in my veins. Even at the high school level I was invited to start a Scout’s movement at my school, which I did because I was growing with other boys, and then there was also a demand from the girls to start their movement. I only met the Girl Guides at the jamboree. The jamboree is a big event that brings all the Scouts and Guides together. It is one the happiest days of your life as a young person to get to meet all different people from different spaces. It’s like the WSF ….(laughing).

    The Jamboree took place in Howick, at the Midmar dam. It was mostly outdoor activities and this is how I became interested in the outdoor environment. There was a lot about how the environment is a heritage to the cherished and protected – to be enriched by our future generation – and I became very interested in plants and animals.

    After the jamboree we sought the assistance from other schools to form the Girl Guides. We had seen all these boys working together, learning skills that were unknown in the community and the girls demanded the same. They had seen their brothers growing and wanted the same pride. It really shaped me a lot.
    At the high school level I became more interested in ideas. I found that I could grasp things quickly and easily, especially in English and History. The teachers would often ask me to read ahead to prepare the lesson. I remember vividly how I was asked to learn about the Voortrekkers – how I learnt that to the dictionary. I had to analyse the meaning of each word all by myself ahead of others. I remember how I had to start by cutting this word Voortrekkers and to understand the word ‘voor’ and then ‘trekkers’. Doing all these analysis it slowly became clear that we were learning about the Boers who travelled or came first in Natal. But, still, I was lucky to be given this opportunity because I learnt how to analyse things on my own and then to share the ideas. History was really about remembering dates and I found that I had a good memory.

    Things were positive. I was still too young to understand the outside politics, even the family related stuff, what problems were at home. And I was fortunate in being able to finish high school, from Standard Six right through to Matric, in one high school. But in the primary school it was really difficult being circled in one family.

    When you were growing up in Estcourt it was the time of the transition with Mandela being released and the ANC being unbanned. Did you think about politics much or was there much politics happening around you?

    There was a lot of fighting, heavy fights. I remember my friend was shot just in front of me when we were together in a rural farm – you know these plantations where crops such as mealies get planted and grow very high with grass in times like autumn. In summer, as the grass began to grow very high, there was this fighting and shooting. Sometimes the army would boost the other side. In politics and fighting I was not involved but in the area where I stayed there was a strong presence of Inkatha. And in the Zulu tradition we believe that you do not run away in times of war. This was also the culture of Inkatha. So when there is a gunshot they would quickly mobilise and everyone goes – every man and every boy. It’s compulsory. You were not asked whether you joined the party or not but you had to defend your vicinity, your surroundings. So we were involved in that way knowing that the fight was between Inkatha and the ANC. Mostly from the ANC side there would be soldiers hiding, and also shooting. You would think that you’d be fighting the other side only to find that you are fighting the army because the army would also be taking sides. They made it clear that they were not there to make peace. So, I mean, I was involved in that battle in the real fighting, in the life and blood of that time. The only way to free oneself was that one would hide when one gets shot. When someone needed an ambulance you could quickly assume that responsibility of facilitating first aid and calling or waiting for the ambulance to come. That could be a way out of the battle.

    At school there wasn’t much politics but I used to take part in the debates. Formal debates were mostly on politics but the idea was to learn to speak English – that was the whole point. But obviously the speeches that we wrote – I remember that we often learnt more from Lucky Dube, from Mzwakhe Mbuli, and so a lot of our quotes were generated from their music and poetry. It had a lot of politic. Although we were still young to understand the outside world a clear message would come. There was also the study of Ubuntu . It was learnt at school at that time. But when we fought, when were involved in the fight, our lives were completely independent from politics.
    Scouting was also a completely non-political movement, although there were a lot of accusations from outside. People were calling us Gatsha’s sons because you wear this khaki uniform which was nearly the same as the IFP uniform at that time. But we did not balk because we had nothing to do with that.

    A year later when I finished school the fight was also involved at my school. I remember that some of my friends had to pull out of school because of the fighting. But in my day it didn’t reach the schools. We also felt that politics was outside the school, it was something that was difficult to understand. I remember the content of the debates; the concepts and arguments were shaped by that. But we were more judged by the fluency of the language.

    But we would fight the battles that we didn’t understand. The mobilization tactics that were used, by the nature of being Zulu you were forced to join Inkatha. I do not remember any membership cards or even how they looked like but you would never be asked. You would be forced to come out and fight. We didn’t know what we were fighting. Many people were killed at that stage. At that stage we attended a lot of funerals. In our culture we were not supposed to be attending funerals as children but it became a normal thing to attend funerals. If you didn’t attend those funerals you would be accused of siding with the other party – with the ANC. It was just a difficult and confusing situation. I mean we were still very young to understand. I strongly feel that a lot of people died for no course, they did not know what they were fighting for, except that they were forced to go to war bare handed – no strategy, no politic, no ideas, no education. I strongly feel a lot of innocent died for nothing.

    I remember that you once said to me that that some of our politicians, people on both sides of the ANC and IFP divide, can only understand politics in terms of killing. The history of all this killing is usually told in a very simple way with all the good people in the ANC and all the bad people in the IFP – but there were warlords on both sides.

    I remember even the terminology of Scouting, how it was used in the fighting. There would be a group of volunteers, amongst a group of men, who would volunteer to launch an aggressive attack and the terminology that was used was that they were scouts. And then we’d know for sure that the next day there would be mourning and blood, there would be dead bodies. My understanding was that to be well known, to be well respected as a person who is fighting, who is struggling for the country, you had got to kill. It was not only that you had to defend your community – you also had to be aggressive, to launch some attacks on the other side. You become known like that, you become respected.

    The other dirty thing that used to happen, that used to influence the whole thing, was that if you are a school boy you would be perceived as an ANC member. So to be well recognised and well respected you must not got to school, you must not have a bath, you must not be involved with water, and you must not be smart. You must become a nasty and clumsy person. I don’t know where this idea came from but a lot of smart people with tranquillity were killed not because they were members of the ANC but because they looked good, because they looked different from the others, the ones doing the fighting. From that time it was when I began to think that this was just about killing. The only reality is that people were dying. People did not know what they were dying for, what they were fighting for or what they were killing for. Even elderly people in the struggle did not understand politics. If such people were to be interviewed now I’m not sure if they could say clearly what they were dying for, being killed for.

    As Zulus we were encouraged not to hide, not to run away. Instead we must face the war. What became clear was that the IFP did not have guns. Most people who had guns were ANC members. With shields and sticks it was quite difficult to fight people with guns.

    I’ve talked so much about the IFP because I was in Loskop, a stronghold of the IFP. I remember also going to Wembezi, a township in Estcourt, and a lot of people were shot in our presence.

    I know that a similar strategy was used on the other side. A group of people would be trained to attack. You know those massacres that are often referred to – they were part of a well planned fight. But this fight also killed innocent people and those that were killed did not know what they were killed for. Once a son was suspected to have been involved he was killed – being suspected was what you died for. That was the horrible situation. I cannot imagine how some of the people who are now in government, with blood in their hands, have never regretted.

    As Zulu people you were mostly respected for being a good fighter. It was the whole initial tradition – that being a good fighter gives you respect. As a good fighter you would be given a position as a commander of an aggressive group – that was the whole idea. When there were these mass attacks it was always organised. When there were funerals, where there were services, prayers, or any other traditional gatherings – a lot of people together – they were just seen as an opportunity to kill people. What counts is how many people were killed. That was the whole idea. When people praised themselves they talked about how many people they had killed, not about why they were killing, not about any politics.

    Because of the South African history you still ask yourself if people in power are now matured to really understand politics. They assume that if we don’t have similar ideas to them that automatically make us enemies. I doubt if people are yet in the position of understanding politics. If you do not agree with my ideas then you must die. I am sure that it is going to take time for people to understand that politics is about ideas, about discussion, should be about love and passion for one’s country, so any tactic should be about how to serve the world better, how to win minds and heart of the majority. It is going to take even longer for people to understand that those debates should be open to everyone, that a real politics is not about how many people you are willing to arrest, threaten or kill; that a real politics is not a fight to be able to abuse state power but that a real politics is in fact about how many people you are willing to listen to and to serve – and to listen to them and to serve them as it pleases them, not yourself.

    When did you first come to Durban?

    I began matric in 1996 and that was also the year that I first came to Durban. During the weekends and when the schools were closed I stayed with my brother-in-law in Moore Road, in Glenwood. There’s a flat behind Berea Centre, 264, it’s called Cardigan Mansions. He was paid well. He was working as a mechanic. I worked temporary in Victoria Street in one of the stores that sells clothing, its called Smileson’s. And I worked for City Girl’s stores in Greyville, in Game City Centre. I spent a lot of years working for City Girl stores.

    How was it to be in Durban compared to Loskop?

    Ja, it was peaceful. I was living in this rich area, Glenwood. It was different. From work I’d go directly to the flat. I had no friends in Durban. As such life isolated me away from ordinary people a lot of thinking began. I began to realise how poor I was.

    And university?

    Well I finished my matric that year and I did well, but not as well as had been expected. There had been a lot of hope for me at the school but, you know, as you grow you begin to reflect back on things, you come to be aware of a lot of things. When you begin to reflect on the environment a lot of things begin to disturb you, to disturb your intelligence. It was also the time when I realised how I had survived the very trying circumstances over the past few years.

    And obviously there was never any guidance at school so it was very difficult to proceed with tertiary education. But the following year I was fortunate to be admitted at the former UDW, the University of Durban-Westville as it used to be called. I enrolled for law. All I wanted was to become a lawyer.

    Why Law?

    In school a lot was said about teaching and being a policeman for the boys and a nurse for the girls. Those were the only chances and that is why we have a lot of teaches nurses, and policemen. I was encouraged at school to be a teacher but I decided to differ.

    What was it like to be student?

    I was not under any parental care so it was difficult. When I arrived here I had no friends. It was hard to imagine how life could be so difficult. My brother-in-law gave me a place to stay but obviously I was not his burden so I could just appreciate his accommodation. My studies were a separate deal that was beyond his burden.

    I was very lonely. It was not interesting at all because I was still new in the institution without knowing anybody. It was difficult to get used to the institution and I was a very shy person; in fact when I grew up I never used to talk. Through the Scouting thing then I began to slowly become more confident. Even people who sometimes see me on the TV often don’t believe it, that that man used to be so quiet in the class and now he can talk everywhere.

    When I saw the challenges of being grown up that’s when I began to realise that in fact school days were the happiest days of my life. I didn’t want to stress people. I had to find ways of surviving. With school it was completely different. Now I had to study and I had to think of all of this, financing my studies, accommodation, and food. And so I had to withdraw from the university and continue working as a security guard.

    In 1997 a teacher went on maternity leave at my school and they wanted me to stand in. They wanted me because the well respected Circuit Inspector had promised me after coming back from Lexden that should I fail to proceed with tertiary education he would find me a school to teach. This was public commitment and promise in a gathering full of teachers, parents and scholars. I was highly congratulated for this personal commitment of a Circuit Inspector. They looked all over for me but by the time they found me it was too late – and so I carried on working as a security guard. I was all by myself.

    Being a security guard, how was that?

    No, that was terrible. I was still young. The people that I was working for were robbing me, sometimes they wouldn’t pay me. I was like earning R500 a month, sometimes this guy would give me R300. I was just well grown up, having dropped from school and then being treated like that. It was difficult but of course when I found this job at the petrol station it was much better. So even today I listen when Mashumi shares his stories of being a security guard.

    Was the work dangerous?

    It was. It was, ja. There were organised groups, like shoplifters, in town. They would go into the store together. One of them would keep you busy and the others would start stealing. Some of those shops, like City Girl, would have this alarm, so I would just stand by the door and watch people passing because each garment would have this alarm. That was much better. After the security job I was employed at the petrol station.

    And working at the petrol station?

    Well in 1997 I met Sindy. We were working together at the petrol station. She had good parents. Her mother is still working here at Tollgate, in Manor Gardens. She is working for nice people. In Sindy’s family there are ten of them, eights girls with two brothers. She was staying with her mother there in Tollgate and came to work in Springfield Park. She had also finished her matric and then had to find a job. With us, in our growth, the most important thing was to finish matric then the other stuff, well, that would be an additional luck.

    When did you come to the Kennedy Road settlement?

    Before I came to the settlement I lived in Umlazi. It was difficult to travel with trains. And, also, I had no friends there. It was difficult, it was difficult. The in 1999 I started living here in Elf Place. Because I was working at the Springfield Park Service Station station, it is just here, opposite Makro. But I couldn’t pay my rent. I would just work for the rent. You don’t get paid much at the petrol station. As a patrol attendant you earn like R200 a week.

    Then I was promoted to cashier and then they started teaching me computer at the back office. That’s how things moved. After five years we moved to the PetroPort, in Queen Nandi Drive which is on the N2 Freeway, just before the Gateway Shopping Mall.

    What was it like when you first came to the settlement?

    Well when I was still attending at the UDW and passing the shacks I hadn’t known what the shacks were looking like so I couldn’t believe it. Later when I was working at the petrol station and living here in Elf Place it was easy to use the spaza shop here in the settlement and life was quite good. Obviously I could feel shame that people were living this life because I did not believe that one day I would be living here. It was tough. But coming here to use the shops I began to meet people and then as the rent was going high we started talking to people and I found a place to rent here.

    I remember that we started renting here at R80, it was R80! (Laughs) In Elf place the rent was R600 a month and we had to share the rent with other people living there. We ended up having to pay R200 a month. So this was much better. We had our own place and we could even save some money. When we came here we were much relieved. Life was much better because we could live close to work and schools at an affordable cost.
    But I told myself that this was not yet an acceptable life. Although I didn’t know politics that much I felt that the community did not do enough to struggle for housing, for toilets, enough water. It was not acceptable for human beings to live like that and so I committed myself to change things.
    What kind of organisation was there in Kennedy Road at that time?

    Well the chairperson at that time was Jarphas Ndlovu. He had been chairperson for like 6 years. There were no elections.

    Meetings would be called and one or two people would be known to be the committee but one man would do everything – that’s how it used to work. Only one man was respected in the community. Everything had to be reported to him. There was no committee meeting. Community meetings would sometimes be called but not committee meetings. I involved myself and attended these meetings but only to find that only one man was talking and that people were failing to cope with the politics and development issues that were being spoken about. They were not given the information that you need to participate. Even the committee, if they would go meet with City they would just stand outside, while he was inside. He would also meet with the ratepayer’s association on his own. He had some shops, and he rented out some shacks. People feared him. You know that old tradition of the Indunas. There is a kind of respect but it is not a democratic respect.

    I realised that if the community was going to be able to participate in their own development then we would have to create a democracy in the settlement, to elect a committee. It made no sense that we were voting for politicians to sit in parliament but in our own communities we still had to listen to Indunas.

    What was the political affiliation of the Induna?

    He was an IFP. But the settlement was always made by different groups of people.

    It was difficult to get rid of the old leadership. We mobilised the young people. We started with youth activities, like clean up campaigns, and then when the people were mobilised we struggled to force that there must be elections, that there must be democracy.

    How did people respond?

    They were well relieved. After that first democratic election, it was in 2000, we restructured everything in terms of democracy. We had a lot of discussions about democracy.

    Was that when you were first elected as chairperson?

    Yes.

    How old where you?

    I was still young. 25.

    And what was your political affiliation?

    When I came here I was not interested in party politics. I had begun to hate party politics from what I had learnt from the IFP while I was still at home. For me politics was a dirty game. And there wasn’t really much interest in politics in the settlement. Most people just saw it as this dirty game.
    But these guys from outside, led by Mabeneza, started to come to the settlement, to organise meetings, campaigning for the ANC. That’s when I became interested because of the way that they were engaging and approaching the young people. They were saying that we could mobilise ourselves for a better life. We had all seen the transition to democracy at the national level. The ANC was the party of Mandela. But at the local level what I liked was what I hadn’t had since my school days – an opportunity to meet other young people and to engage. And it was also a platform to engage on political matters which was an opportunity to work for the changes that I was looking for.

    And seeing that the ANC was in government I thought that it could be an easy tool to transform this community. I thought that the ANC would be a platform for the shack dwellers and that it would be able to deliver.

    As residents of the informal settlements, we were considered as temporal communities. There was an inference that we were not entitled to full citizenship in this area. We thought that all we had to do to secure our place here, here in the city, was to take the initiative to support the ANC.

    So in 2002 I joined the ANC and was elected to the Branch Executive Committee (BEC). The following year I became the Deputy Chairperson of the ANC branch in Ward 25.

    For some years I was in the BEC. The reality is that we did not understand politics. Baig was brought in from the outside, imposed from the top. He was not known to the community. But because he was an ANC we did not question that. We did not question the wisdom of the party and so we did not worry about it that much although it was clear that there wasn’t any fairness, any democracy.

    This wasn’t like Inkatha when I was growing. I wasn’t made to do it. I was very active. I did it because I had my own ideas, because I thought that we should mobilise the people for a better life. But I was mobilising for the party and we made compromises for the party. Of course we discovered that mobilising for the people and mobilising for the party is not the same thing.

    How did the break with the ANC come about?

    Well a lot was happening. Former housing minister Dumisani Makhaye introduced the Slums Clearance programme with a budget of R200 million. A Slums Clearance committee was set up in partnership with the eThekwini Municipality, it included a number of wards. I was also elected to that committee. Kennedy Road was one of the communities that was meant to benefit from this programme. There was a settlement down there by the bridge, it was called eVukani. Those people were moved to Welbedacht. Some of the people from the Quarry Road settlement were moved to Parkgate. I remember taking a tour to Parkgate with the Slums Clearance committee. It was before the houses were built there, it was still sugarcane.

    That is when I became conscious, that is when I became a conscious activist. I remember when we were getting into this microbus from the metro with nice air conditioning. I remember how we were told to get into those kombis but not told where we were going. I remember as we went past all those bridges that you pass as you leave the city. The further away we moved the more worried I was. We had been very excited but the comrades all became quite as we went further and further away from the city. We became very shocked. Then we arrived at a farm and we were told that this would be where our houses would be built.

    Even today I do not understand the link between the BEC of the ANC and the development that took place. These projects had never been discussed with the BEC. Even when the minister announced the Slum Clearance programme it had never been discussed at the branch level. It was a top down system, a completely top down system. For this reason I continue to question the relevance of the BEC. I continue to see it as nothing but a way for the party leaders to control the people. The only job of the BECs is to keep branches vibrant for elections. They are not there to bring about development, they are not there for any political education or political discussion. They are not there to take the views of the people up. Rather they are there for people to be enslaved and to remain slaves for the benefit of those that have been ruthless enough to rise up.

    All of us in that committee had hope. We had a good heart to see change in our communities. But we did not know how politics worked. The first problem was that we had been promised that Kennedy Road would benefit but when it didn’t it was hard to question that within the ANC structures.
    When the promises became lies we felt that we had been used – just used to keep the people loyal while they were being betrayed. We had been used so that the people in power could fulfil their own ambitions, their own project. We were used as ladders so that they could climb up over the people to their positions. They way the system works makes it impossible for people to call their leaders into account. The resources are there but the system allows leaders to only think for themselves. There is no mechanism for accountability. There is always budget for elite projects but each and every year nothing is spoken about how to achieve real change for ordinary people.

    When did you become a police reservist?

    When I was working at the petrol station. I was ordered to work at least eight hours a month and to attend some police courses at the Edgewood College. I did a lot of volunteer work in the charge office there. I worked for, like five years, as a reservist. This was part of the decision I had made to fulfil my duty to my country.

    I was forced to this. It was not that I liked to be a policeman. I was still new at the settlement and I arrived at the charge office and saw a women crying. She had a baby on her back. I asked her why she was weeping outside and she said that she had been chased out because she couldn’t speak English. I asked her to come inside with me and I translated. I was touched and angry – worried about how many poor people like her would not be assisted because they could not speak English. That’s when I took the decision to become a reservist. I thought that with my English I could ensure that people would have their dignity respected.

    It wasn’t easy. There were interviews and tests. But when I finished it all I was never given a chance to learn at the charge office. I was just made to cook for the prisoners and to dish out for them. I was annoyed. I became to be suspicious and conscious about what was happening at the police station. The Superintendent wasn’t Nayager at that time – it was Senior Superintendent Marais.

    I remember our first march on the police station – it was in 2005, that march where we were saying ‘release them all or arrest us all’. Superintendent Marais met with Baba Duma, Chazumzi – I still have minutes of that meeting. Shortly after that march Marais left and Nayager came.

    Was the racism the same?

    Oh yes. It wasn’t just the senior officers. The racism was just a normal thing. It was an Indian police station – not a police station for everyone. As an African you were treated like a servant, like dirt. I could not stand it. I made a small contribution where I could. Because, you know, people are victimised and go to that police station and are just further victimised by this racism at the hands of the law. When I could I helped people but I could not transform the station. I was a victim there myself. It was quite difficult. I resigned from the police force in 2004 because of the racism. It blocked every possibility for bringing about some little progress. The only time that I ever got to do anything there beyond being a servant was during weekends where there was family violence or students having parties, any kind of noise or fight. I would be deployed to deal with drunkard Africans. It was believed that they would understand me better than any Indian police men.

    But, you know, those experiences did help me.

    So, given that you’d been a police reservist, and that you were on the BEC of the local ANC did the road blockade in 2005 come as a surprise?

    No, it wasn’t a surprise. The Kennedy Road Development Committee (KRDC) shaped this. In 2004 the KRDC declared that 2005 would be the year of action. We said that we were tired of this, tired of all of the lies and deeply disappointed with the previous engagement with the City. We would not compromise our future because of our loyalty to the ANC. So the road blockade was not a surprise but what did become a surprise was to see a protest becoming a movement, to see other settlements joining us.

    In 2004 there were road blockades and protests all over the country and these protests became even more common in 2005. Were people in Kennedy Road inspired by what they saw in the media?

    In my personal experience no. It really came from a very personal experience of betrayal. But I always asked myself how it was that 2005 became a national year of action. I am not too sure with others but for me it was not that one read about other road blockades and became motivated. The anger here in Kennedy Road was growing and growing – it could have gone in many directions but people decided to block the road.

    How was the day of the road blockade?

    It was good. We were all so full of anger that there was no regret. It was difficult to turn against our comrades in the ANC but we weren’t attacking them personally. We wanted to make them aware that all these meetings of the ANC – the BEC meetings, the Branch General Meetings, they were all a waste of time. In fact they were further oppressing us in a number of ways. They were just there to keep the ball rolling up until the next election. Our job as local leaders was just to mobilise people for the ANC.

    It had become clear that the only space for the poor in the ANC was as voters – there was no politics of the poor in the ANC. The road blockade was the beginning of a politics of the poor.

    As you know I first came to Kennedy Road the day after the road blockade. People had just tried to march on the police station and had been beaten back. The settlement was occupied by the police and there was a very strong sense of people being on their own. That must have been a heavy weight to carry.

    Ja, definitely. That was not easy. But we had to stand firm. That was the reality.

    I had no idea that a movement would be formed, no idea. And I didn’t know what form would be taken by the politics of the poor that became possible after the road blockade. I didn’t know what impact it would have. That is why it is quite difficult when I get interviewed. Most people think that this was planned – that a group of people sat down and decided to establish a movement. You know, how the NGOs work.

    There has been a lot of analysis and interpretation of the movement – sometimes we read it in papers. But all we knew was that we had decided to make the break. To accept that we were on our own and to insist that the people could not be ladders any more; that the new politics had to be led by poor people and to be for poor people; that nothing could be decided for us without us. The road blockade was the start. We didn’t know what would come next. After the blockade we discussed things and then we decided on a second step. That’s how it went, that’s how it grew. We learnt as we went. It is still like that now. We discuss things until we have decided on the next step and then we take it. Personally I have learnt a lot.

    There was a tremendous collective excitement and pride in the beginning. Did you share that? Or were you, as a leader, under too much pressure?

    Ja, although I was very angry with everything from a political point of view, very angry with the way the ANC was treating the people, very angry with their policies, I felt very confident when we began to rebel. I found my inner peace. The real danger when things go wrong like this is being silence. When you voice out, cough it out then you can heal. You can find this faith in yourself. There is all this frustration and humiliation. Humiliation from the way you are forced to live and humiliation from the way you are treated. When it is expressed it is like taking out a poison. You become free to act and you become angry and that anger is the source of an incredible energy.

    So even though we didn’t have the houses we had found our voice. We didn’t have all the answers. But the fact that we had built this platform, that on its own was a very remarkable progress.

    Was it difficult to move from being one settlement in rebellion to linking up with other settlements and building a movement?

    No, it wasn’t difficult to link up with other settlements. From my experience in the ANC, and on the BEC, I knew people in the other settlements, and we were all having similar problems so it was actually easy to build up this movement.

    You had worked with the ANC, the BEC and their councillors.

    Now you were leading marches at which the councillors were being symbolically buried. Was that difficult? Were you under a lot of pressure?

    Not really. Of course things were said and threats were made but I was very confident because I knew that I was now fighting for what I strongly believed was right. And of course we were not alone. When you are thousands you are not intimidated. So, iregardless of politics, of who said what, we just carried on. And for me personally I had nothing to lose. My involvement with the ANC, my position on the BEC, had done nothing for the people. In the party you make compromises for some bigger picture but in the end all what is real is the suffering of the people right in front of you. In fact it had become a shame. To say that ‘enough is enough’ is to walk away from that shame. Instead of the party telling the community what to do the community was now deciding what to do on its own.

    The only pressure came when people were arrested. And in the first arrest there were two teenagers amongst the 14 that were taken to Westville Prison so there was also pressure from the parents.

    Today you have over ten thousand paid up members and many more supporters. When the decision was taken to form the movement, that was on the 6th of October 2005, just after the Quarry Road march, did you have any sense of what they movement would become?

    No, not that much. But what I knew, what I was aware of, was that the coming together of these settlements would turn us into a collective force. That it would strengthen the rebellion that was started in Kennedy Road. I didn’t have a picture of how the movement is now. But I understood what democracy should be about and that our voice would become more louder the more we are. I knew that it would become a heavy political force.

    There has been a lot of academic speculation, much of not researched at all, about where the politics of Abahlalism comes from. Some people have said it comes from the popular struggles of the 1980s with their stress on bottom up democratic practice, others have said that it comes from the churches with their stress on the dignity of each person, others have said that it is something completely new. Where do you think that it comes from?

    When things go wrong silence speaks volumes. Silence is the voice of the defeated, people whose spirits have been vandalized. It is a big danger to be silence in times of trying circumstances. Condemning injustice, calling it by its real names, and doing this together; that on its own does a lot. That on its own is a kind of change, a lot of change.

    The movement comes from recognition of this danger in conjunction with our cultural beliefs. It is a common sense that everyone is equal, that everyone matters, that the world must be shared.

    My understanding is that this common sense comes from the very new spirit of ubuntu, from the spirit of humanity, from the understanding of what is required for a proper respect of each person’s dignity, of what they are required to do.

    Our movement is formed by different people, all poor people but some with different beliefs, different religious backgrounds. But the reality is that most people start with the belief that we are all created in the image of God, and that was the earliest understanding of the spirit of humanity in the movement. Here in the settlements we come from many places, we speak many languages. Therefore we are forced to ensure that the spirit of humanity is for everyone. We are forced to ensure that it is universal. There are all kinds of unfamiliar words that some of us are now using to explain this but it is actually very simple.

    From this it follows that we can not allow division, degradation – any form that keeps us apart. On this point we have to be completely inflexible. On this point we do not negotiate. If we give up this point we will have given up on our movement.

    It is not always clear what that should be done. We are not always strong enough to achieve all of our demands. This is one reason why we are sometimes quite flexible in our tactics. Sometimes we are blockading roads, sometimes we are connecting people to water and electricity, sometimes we are forcing the government to negotiate directly with us instead of the councillors, sometimes we are at court having to ask a judge to recognise our humanity.

    The collective culture that we have built within the movement, that pride of belonging to this collective force that was not spoken about before, becomes a new concept, a new belief – especially as Abahlali in its own nature, on its own, is different to other politics. It requires a different style of membership and leadership. It requires a lot of thinking, not only on what is read, but on what is common to all the areas. Therefore learning Abahlalism demands, in its nature, the form that it takes. It doesn’t require one to adopt some ideas and approach from outside. When you pull all the different people together and make sure that everyone fits in, that it is everyone’s home, that’s when it requires a different approach from normal kinds of politics and leadership. By the nature of its demand it requires a direct flexibility of thinking, able to deal with its uniqueness. It gives us the strength to support each other, to keep thinking together, to keep fighting together.

    From what I have seen Abahlali is original but it is also natural – it gets generated from different people, with different ideas, who have grown up in different places, in different levels of space. Putting all this together requires its own genius. It’s not the same like other movements that take their mandate and understanding from ordinary politics.

    It requires learning the demands that come from all the areas – its nature demands the form that the movement takes. It doesn’t require one adopting some other ideas and approach from outside. Then when you pull all the demands together and try and make sure that the movement is everyone’s home it requires a different approach from normal kinds of politics. By the nature of its demand it requires a direct flexibility to be able to deal with its uniqueness. The movement is not like an NGO or a political party where some few people, some experts in politics, sit down and decide how other people should be organised, what they should demand and how.

    Other movements take their mandate, or their understanding, from what has been read. We did not start with a plan – the movement has always been shaped by the daily activities of the people that make it, by their daily thinking, by their daily influence. This togetherness is what has shaped the movement.

    I am not too sure where our ideas would come from if there was no daily lives of people, a living movement can only be shaped by the daily lives of its members. I strongly believe that. This is where we formulate our debates and then our demands. We are going to court on Tuesday – winning or losing will affect how we go forward. It is the environment that we breathe in that shapes how we carry our politics forward. But it is who we are, human beings oppressed by other human beings, that directs our politics.

    My next question was going to be: “What is your understanding of a living politics?” but I think that perhaps you’ve just answered that.

    No, that is a simple one because we are all human beings and so our needs are all, one way or the other, similar. A living politics is not a politics that requires a formal education – a living politics is a politics that is easily understood because it arises from our daily lives and the daily challenges we face. It is a politics that every ordinary person can understand. It is a politics that knows that we have no water but that in fact we all deserve water. It is a politics that everyone must have electricity because it is required by our lives. That understanding – that there are no toilets but that in fact there should be toilets – is a living politics. It is not complicated; it does not require big books to find the information. It doesn’t have a hidden agenda – it is a politics of living that is just founded only on the nature of living. Every person can understand these kinds of demands and every person has to recognise that these demands are legitimate.

    Of course sometimes we need formal expertise – we might need a lawyer if we have an eviction case, or a policy expert if we are negotiating with government. But then we only work with these people when they freely understand that their role is to become part of our living politics. They might bring a skill but the way forward, how we use that skill, if we use that skill, well, that comes out of a meeting, a meeting of the movement. By insisting on this we have found the right people to work with.

    You’ve also spoken about a living communism before. Can you tell me what you meant by that?

    For me understanding communism starts with understanding community. You have to start with the situation of the community, the culture of the community. Once you understand the complete needs of the community you can develop demands that are fair to anyone; to everyone. Everyone must have equal treatment. And obviously all what needs to be shaped in the society must be shaped equally and fairly. And of course if everyone is able to shape the world, and if we should shape it fairly, that means that the world must be shared. That is my understanding. It means one community, one demand.

    To be more simple a living communism is a living idea and a living practice of ordinary people. The idea is the full and real equality of everyone without exception. The practice, well, a community must collectively own or forcefully take collective ownership of natural resources – especially the water supply, land and food. Every community is rightfully entitled to these resources. After that we can think about the next steps. We are already taking electricity, building and running crèches, insisting that our children can access the schools. We just need to keep going.

    Again I do not think we should be thinking away from ordinary people, having to learn complicated new ideas and ways of speaking. Instead we should approach the very ordinary people that are so often accused of lacking ideas, those who must always be taught or given a political direction. We need to ask these people a simple question: ‘What is needed for your life, for your safety, for your dignity?’. That simple question asked to ordinary people, well, it is a kind of social explosion. From that explosion your programme just develops on its own.

    Of course a struggle always starts in one place, amongst people dealing with one part of the human reality. Maybe they are, like us, living like pigs in the mud, strange pigs that are also supposed to survive constant fires. Or maybe they are being taken to Lindela or maybe they are being attacked from the sky, being bombed. You have to start with what is being done to you, with what is being denied to you.

    But for me communism means a complete community. It does not mean a community that is complete because everyone in it thinks the same or because one kind of division has been overcome. It means a complete community that is complete because no one is excluded – a community that is open to all. It means a very active and proactive community – a community that thinks and debates and demands. It is the universal spirit of humanity. Obviously this starts with one human life. We know that if we do not value every human life then we would be deceiving ourselves if we say that there is a community at all.

    We are communists here in the mud and fire but we are not communists because of the mud and fire. We are communists because we are human beings in the mud and fire. We are communists because we have decided to take our humanity seriously and to resist all degradations and divisions.

    You have suffered in this struggle. You have lost your job, you’ve been arrested, slandered, beaten. Why do you think that the state reacted so badly to the emergence of Abahlali baseMjondolo?

    I think that it is because the system is such that it makes it impossible for equality. It makes sure that it divides in order to retain the status quo. It has created its own empire for its own people that matter to it, that are accountable to it. The system itself makes other people to be less, to be not important, not to matter.

    What I was trying to do was to invade their territory and to show that we all have the power to do it.

    It is a capitalist system and it is also a political system in which the few dominate the many. So it has to make certain people better than others, to be privileged over others. If you want to join the winning team then you have to fight. And it’s not easy. They want us to think that we can never beat them and that the only hope is to join them. But the system makes these different layers and it makes it very difficult, almost completely impossible for a certain layer to penetrate. That’s where the issue of blood and death first comes in. This is a very strong empire.

    If you decide not to join the winning team, if as a poor person you decide to change the whole game, well, then you are invading their territory, territory that is too good for you. They will first ask ‘Who the hell are you?’. That is always the first question – from the councillors, the police offers, the officials, the politicians, everyone. And if you have an answer, well, sometimes intelligence is not enough. Blood and death come in again. And when you are challenging the system rather than trying to get inside it there are still these layers. Even if you pass the first layer it will ensure that you do not reach the next layer where clever people belong, people who count. If you are born poor it is taken that you are born stupid. But if you invade their territory you don’t find clever people. You find that it is greedy people and ruthless people who seem to count. You find that they want to control the world. They will defend their greed. I am very clear that if you try to pass into the forbidden territory you will have to pass certain tests, certain difficulties.

    I always wonder how the system can divide people. I always say that the strongest thing that the system can do is to be able to divide people which is why we all struggle in our own confined dark corners, separated from one another. At the end of the day we are the majority, not the system. But it is such that it manages to divide us, to divide our struggles. This is why the big question that most people ask is ‘how few hands can remote so many people?’. Those few people in the system are able to remote the world. How do they do this? How can hundreds of people remote millions? The answer is the division of our struggles. That is why I understand why Kennedy was such a big threat. The collectivity that we built, first within Kennedy, and then between the settlements that formed the movement; on its own it is a threat to the system.

    When I was growing up it was the Cold War. Although I did not understand it properly then this struggle for global supremacy affected individuals, people’s neighbours, families. Moscow was struggling for power with Washington and children were fighting and dying in Loskop.

    It is interesting that we send comrades to this WSF with a clear message that another world is necessary, necessary as a matter of urgency. We hear that everyone agrees that another world is possible. This is good but that no one has ever asked when this will happen, when we will all take a collective step towards this change.

    I am not too sure at what stage our own intellectuals will understand the system and why ordinary people still don’t have a way of changing the society. I still wonder at what stage a new communism will become necessary. I don’t know when it will become clear that poor people themselves can and must come up with a new living, an autonomous life, a completely independent stance where a new order would be about alternative ways of living and working instead of trying to compete with each other or limiting our demands to the return of what is already stolen. But it is possible. Already the struggles of the poor have created a situation where everything is done in the name of the poor. The state, the NGOs, academics, the churches, the World Bank all of them are saying that what they are doing they are doing for the poor. Now that the poor themselves are saying ‘not in our name’, now that we are saying that we will do things for ourselves, that we will think and speak for ourselves and that we will keep going until we find our own way out and a new society is born we have opened a real space for discussion. Our first duty is to keep this space wide open. Our second duty is to encourage as many people as possible to take their place in this new space.

    But it is interesting that some people are already living according to the values of the new society where one person cannot eat up while other people’s children have not eaten. Some people, like Mr. Jagarnath in Reservoir Hills, is already doing this as a business man.

    Intellectuals are also called upon to serve our little world. It is difficult to analyse and change the world, to change its format, to turn it upside down. I always remember Bishop Rubin Philip’s speech when he said that the first shall be last and the last shall be first. It is easy to say it, and it’s acceptable to most people, but it’s not easy to make it real. But to be realistic we must start from where we are, with what we have, from our families, by teaching our children, and then to our schools, to our little neighbourhoods and communities before we say anything at the world level like the WSF. We must not fool ourselves and produce ideas that are not grounded in any soil.

    Its one thing to explain why the state reacted so badly to Abahlali but why do you think that some NGOs reacted so badly? Was that a shock?

    It was a shock but for me it was a learning. I have learnt that your enemy will not only be the state. We found a situation where people that we expected to be comrades were turning on us. But I began to understand why. When you talk of capitalism it is really not only the state. It is obviously a system, it’s a system that creates its own empires. These spaces may say that they are on the side of the poor but they accept the rules of the state. They also accept the basic logic of capitalism because they are spaces that are accountable to their own interests and that protect their own interests.

    So in the NGO sector you find the same system. It’s everywhere. I mean, it’s in the social movements. People have their own spaces and they protect their own interests. There are all kinds of spaces. Obviously Abahlali has created its own space where it is able to protect its own interests, our dignity, where we can do our activities without fear.

    The NGOs are not all the same. But in the NGO sector I see a lot of empires. An individual can create his own empire so that he can be ruler for life.

    For many people around the world Abahlali is best known for the position that it took against xenophobia. How did the movement come to take the position that equality must be universal?

    This is a bigger question, a question of people who are in this world. But we’ve already talked about ubuntu, communism and what makes a complete society. It is true that this could be in the sense of belonging. But belonging where? It could be in one country but it could also be in the world – that it is acceptable for everyone in the world to live freely without any boundaries, without any colour or any other restrictions.
    Obviously if you were to talk about a just society then it is the human culture, ubuntu – that makes a complete human being. The culture, where a person comes from, the colour – this does not count. Therefore it was clear for Abahlali that we have to take a very strong side in defending human life – any human life, every human life. It is acceptable and legitimate that one person protects another. It is as simple as that.

    There are no boundaries to the human life. Therefore the attack on people born in other countries, the so called foreign nationals – it was inhuman. It was very easy to take a position on this.

    Obviously you have got to look at the perpetrators of this, at their intelligence, their conscience, their consciousness – their intelligence really. What ever they say about their reasons for the attacks clearly shows how the world was corrupted. People breathe a poisonous air. They get caught up, in their whole life, in a way of living where you turn an eye to one another. It is a terrible situation. This is a very big challenge for South Africans who have lived most of their life during apartheid, whose teaching was about boundaries, segregations – that not everyone was a human being. At that stage only whites were considered to be human by the system. A proper opposition to that system would reject its segregations completely and insist that everyone is human. But some of the opposition to that system has been about fighting to take a place in that system, not doing away with it. So now black people have turned on other black people, against their brothers and sisters. It is a disgrace. This is one of the damages the past laws have installed in some people’s minds. A lot needs to be done to change the mindsets of those whose frustration is unsound.

    The other thing that has really attracted attention was the decision that Abahlali took in 2006 not to vote. How do you understand this decision?

    I think that it was a very practical decision in our politic. For a number of years we have voted but not seen any change. In 2006 Abahlali realised that we have power. We had always been asked to shout ‘Amandla! Awethu!’ but refraining from voting was a way of showing that Amandla is ours. Basically we had decided not to give our power away. It has a simple message – that we had no confidence in politicians and that we believed that we could empower ourselves – that we really do believe that the people shall govern.

    It was also a tactical action; a warning to the government that if they exclude us from shaping the country then we will exclude ourselves from giving them support. And it has been a way for us to start thinking about our own alternative governance.

    Has the formation of the Poor People’s Alliance last year given you hope?

    Well I was just explaining that the strength of capitalism is how it has managed to divide our struggles. So if we are able to come together, not just nationally but also internationally, then I think that we are on a good track. This is the only way that it will really become possible to face and to contest the system. None of us will succeed on our own.

    What has been the most difficult thing for you about being involved in Abahlali, and what has been the best thing?

    The day when I had to choose from no choice. Ok, losing the job was the second aspect of it. The first aspect of it was that I was given a choice, to either align myself with the eThekwini people, with City Hall and, you know, to have a career, opportunities or to remain with the poor. Offers were made to me. They ask you some questions the main one being ‘What is it that you want in order to keep quiet?’ They always see it as an individual trouble maker. Remember when Mabuyakhulu said that ‘Zikode must educate his people’. That’s the belief that they had. They can’t understand that I am educated by the people. But when you have four children growing here in the mud and the fire…

    But I have no regrets. Working with people is not easy. And it’s not just dealing with your enemies, even working with your comrades, trying to satisfy everyone is not easy. The time and the energy that is involved create a real pressure. But aside from that I have peace of mind, the inner peace.
    I am more informed than I was, I am more vigorous then ever before. I am more vigilant and conscious than ever before. There is a lot of variety of things in life, more than just the politics. I have no regrets.

    And the best thing?

    All the victories we have won. I don’t just mean victories in court, or evictions that have been stopped, or water and electricity connected. I am talking about seeing comrades becoming confident, being happy for knowing their power, knowing their rights in this world. Seeing comrades gaining a bit of respect, seeing people who have never counted being able to engage at the level at which they struggle is now fought. Young comrades are debating with government ministers on the radio and TV! Seeing the strength of the women comrades in the movement. Seeing poor people challenging the system, because its not just about challenging Bheki Cele or Mabuyakhulu, it’s about challenging the whole system, how it functions.

    Would you like to say a little more about the strength of the women comrades in the movement?

    Well I am very satisfied and proud to see how some of the Abahlali settlements are chaired and led by women. This is evident in Siyanda A, B and C sections in Newlands in Durban. This is also evident in Motala Heights in Pinetown, in Joe Slovo and other settlements. From the very beginning women have been elected to the high positions of leadership in the movement and it is impossible to imagine the movement without the strength of women comrades. The Abahlali office itself is headed by a young woman, Zodwa Nsibande, who has earned herself a high respect from both men and other women for her role in connecting the movement and the outside world. But there are also many projects that don’t get the same public attention and most of these projects, such as crèches, kitchens, sewing, bead work, gardening and poetry are run purely by women.

    The strength of women comes from the fact that women are expected to carry our love, not only for their children and husbands but for the communities too. Women are raised to be sensitive and caring. We are all told that a home that has a woman is often warm with love and care. A person that is given responsibility for this love and care will fight like a lion to protect her home and her family. It is not surprising that women are often in the forefront of struggles against eviction, for toilets, for electricity and against the fires. Sometimes in Abahlali women feel that men are very slow and too compromising.

    Over the years many women have faced arrest and police beatings. Women have confronted police officers, landlords, shack lords, BECs, councillors, NGOs, academics – everyone that has to be confronted in a struggle like this. The fact that Abahlali women have given away fear and decided to confront the reality of life tells us that there is something seriously wrong with our governing systems – that another world is necessary. Women don’t risk their safety when they have children to care for unless they have a very good reason for doing so. The fact that women have stood up to and faced the barrel of guns during our protests is an indication that indeed another world is possible because without women nothing is possible and without courage nothing is possible. Our hopes are dependent on the courage of women.

    We know that in the past that in times of any war women were never and under no circumstances touched by the physical pain associated with any war. But today poor women are shot by the same police who are meant to protect them by law. I wish to salute the role that our mothers are playing in not only raising us under these trying circumstances but in also having to face this violence from the state while fighting for a better world for us. Their motherly does not count because they are not the wives of the politicians and of the rich.

    But we know that their strength changes their subjectivity to vulnerability putting them in the forefront of our struggle. We know by nature that their tears can never be ignored by a natural person for ever and ever.

    I know that it’s a Sunday night and your family are waiting for you. This will be my last question. What does it mean for you when you say that Abahlalism is the politics of those that don’t count, the politics of those that are not supposed to speak.

    I think that I have a clear understanding of this. I know from my own personal experience how I came to have enemies that I did not have because now I am speaking. When you are quiet, when you know your place, you are accepted and you are as safe as a poor person can be. But the moment you start talking you become a threat.

    When one talks about the politics of those that do not count one must start from the fact that the system makes it impossible for everyone to count. If ordinary people counted it would collapse immediately. The way to hide the fact that ordinary people do not count, and that the system depends on this, is to ensure that ordinary people are taken as being unable to think and therefore unable to say anything intelligent. We are supposed to be led.

    The politics of those that do not count makes no respect for those who are meant to think for everyone else, to lead. This turning the tide, when the life turns one at the front and takes him to the back, it is like you are doing a chaos because you want to do away with the status quo. You want to be innovative, you want to be creative, you want to live your life but it seems that the only way is to undermine those who have led the way. So you do not accept that someone must be a slave and work for someone else. No boss will find this acceptable. You do not accept that someone must be a good boy or a good girl, an obedient follower who does not think and act for themselves. No politician will find this acceptable. They will fight up until those tides are turned back. So we must face the difficulty of this politics.

    The understanding is just that simple. In order for those who count to defend their own territory someone should not talk, someone should just be led, someone should not question, someone should just be a beneficiary of those particular services that are meant to be given.

    The moment that you begin to question then you are threatening the system. You are not supposed to do that, and your intelligence and capability are not supposed to allow you to voice or to take the space. The system keeps people separate. If you want to unite and to make a culture that people should be equal then you are invading the space that is forbidden to you, you are threatening the system.

    That’s very powerful. Thank you.

    Featured post

    Abahlali baseMjondolo to Mourn UnFreedom Day on 27 April 2009


    More than 3 000 people attended the event despite heavy police intimidation, including an attempt to have it banned.This is a shot of some of the people who could not fit into the the tent.

    Friday, April 24, 2009
    Abahlali baseMjondolo Press Statement

    Abahlali baseMjondolo to Mourn UnFreedom Day on 27 April 2009

    Walala Wasala, Wavuka Usuhlala ema-Thini

    Monday 27 April will mark the 15th anniversary of the first democratic elections in South Africa. Once again the poor will be herded into stadiums so that the politicians can tell the people to celebrate their freedom. Once again Abahlali baseMjondolo will be decelebrating. We will be holding our fourth annual UnFreedom Day.

    On the Sunday before unFreedom Day we will launch the beautiful new crèche that has been built in the Motala Heights settlement.The Motala Diggers have already been running a large community garden for sometime and the community have now decided to take the initiative and to build and run their own crèche.

    On unFreedom Day a major announcement will be made about the next step in the movement’s ongoing struggle with the KwaZulu-Natal Department of Housing and their notorious Slums Act.

    The unFreedom Day event will begin at 9:00 a.m. and will be held in the Kennedy Road settlement in Clare Estate, Durban. We will be joined by comrades from all of the organisations that make up the Poor People’s Alliance – Abahlali baseMjondolo in KwaZulu-Natal and the Western Cape, as well as the Rural Network from KwaZulu-Natal, the Landless People’s Movement from Gauteng and the Western Cape Anti-Eviction Campaign. The eMacambini Anti-Removal Committee will also attend the event and participate in all the discussions leading up to it.

    Bishop Rubin Phillip has been invited to address the gathering. There will also be performances from the famous Kennedy Road isicathimya choir the Dlamini King Brothers, the maskhandi group Cupha Mbonambi from Taflekop, the Motala Gospel Group as well as the Vibe Jammers, a dance group from Siyanda, and new isicathimiya and hiphop groups from Joe Slovo.

    unFreedom Day has been organised by the Abahlali baseMjondolo Youth League. While others were voting on Wednesday we were planning unFreedom Day. The day before the election some of us attended a small University of Abahlali baseMjondolo seminar on the idea of a living communism. Our hands are clean.
    Nobody can come with any facts to condemn unFreedom Day. The fact is that we are not free. Everyone can see that. Even on Election Day, where everyone is supposed to be equal as voters, the poor stand in the queues while the politicians are rushed to the front. Even on Election Day there is no equality. There is a constant oppression that promotes inequality in its simplest forms.

    We are never given a platform to say what is inside our hearts. Therefore we have provided the platform for ourselves so that we can speak for ourselves and speak freely. It is up to us to tell the truth about our suffering and our struggles.

    How can we be free when the system has completely excluded us? How can we be free when:

    * we do not matter, we do not count?
    * we are given not a platform and when we make our own platform we are not heard?
    * we don’t have land and we don’t have houses?
    * evictions continue?
    * a promise of houses for all is changed to ‘housing opportunities’ for all and a ‘housing opportunity’ means forced removal to a government shack (i.e. a so-called ‘transit camp’)?
    * we still lack adequate access to water, toilets, electricity and refuse removal
    * our children live and die with running stomachs (diarrhoea)?
    * instead of jobs we get free food before elections?
    * our children are still forced out of the good schools?
    * women are still not safe in our cities?
    * people continue to be oppressed by ward councillors and BECs?
    * we get no reply to the memorandums that we hand over at marches?
    * what development does happen is always top down and is always corrupted?
    * the government only assists those that are close to them and that uphold their authority?
    * street traders are still being forced out of the cities and people born in other countries are still being taken to Lindela?
    * ten thousand families in eMacambini face forced eviction at the hands of S’bu Ndebele and Ruwaad holdings?
    * our comrades in Symphony Way face eviction?
    * the Legal Aid Board joins the police in openly and blatantly working for the rich in Motala Heights?
    * the system lies – the government’s papers say that development was completed in New Maus in 2003 but people are still living in poverty there, even dying from the poverty?

    The politicians tried various strategies to get the people to vote in these elections.

    In Reservoir Hills the ANC councillor is Jayraj Bachu. He is strongly supports the eviction of all shack dwellers from Reservoir Hills and he has withheld basic services from shack dwellers and said nothing when people are shot by private securities for connecting electricity. On the Sunday before the election Bachu slaughtered 16 sheep and sent buses to the Pemary Ridge, Arnett Drive and Shannon Drive settlements to fetch people to come and eat the sheep. Those that went had no toilets to go to after they had digested Bachu’s sheep.

    In Joe Slovo the strategy to force people to vote was to cut off the water the night before the election. People were told that it would only be switched back on after they had voted. It was made clear that services will only be provided in exchange for loyalty. It is not surprising that there was a road blockade in that area.

    In Motala Heights there is a long record of people denied access to pensions and grants if they do not have a voter’s stamp in their ID book. In Foreman Road people were told that child support grants would be stopped if people did not vote. Again the message is clear.

    Yet all these politicians that want our votes continue to treat us with contempt. Nigel Gumede said, in a public election meeting, that the people in Kennedy Road are eating from the dump. He must apologise. Terror Lekota said on Ukhozi FM that people are staying in shacks because they are uneducated and yet they are demanding to get tenders and contacts despite being uneducated. He must also apologise.

    Nigel Gumede also publicly offered a house to Nonhlanhla Mzobe in the same meeting. Some years ago Nonhlanhla was the deputy chairperson of the Kennedy Road Development Committee. She played a big role in the beginning of our struggle in 2005. She has taken the house and moved out of her shack. This is also a corruption, a political corruption, an attempt to buy off our movement.

    Over the years many people in our movement have been offered houses and jobs by politicians wanting to buy off the movement. Almost all have said no. The NGOs have also offered many people moneyand travel. Almost everyone has said no. There was a reason why one of our earliest slogans was ‘Phanis Breyani!’.

    We are not fighting with Nonhlanhla. We do not judge people who decide to do what they think that they must do for their families. Everyone has the right to make their own choices. But once you decide to become a breyani chower you are no longer an Umhlali. Politics is about choices, sometimes hard choices. But we are making it clear to the politicians that we note the deep corruption of the system and that we have always been clear that when we struggle we struggle collectively. We will always insist that the fruits of our struggle must be shared collectively. From time to time the politicians or the NGOs will succeed in persuading an individual to take their houses, or their money or their fancy trips. But from the moment that person agrees to take the breyani their membership in the movement ends so the movement is never for sale.

    Delivery according to political loyalty must end. All forms of corruption must end. Some of us have corrupt relatives in government. We condemn their corruption with no reservations. State money is the people’s money. A thief is a thief.

    There have been many clear demonstrations of dissatisfaction from poor people’s organisations in recent days. All the organisations in the Poor People’s Alliance decided to boycott the election. The Anti-Privatisation Forum in Johannesburg and Sikhula Sonke in Cape Town took the same position.

    In Gugulethu and Alexandra people demonstrated next to polling stations. In Durban people organised road blockades from Kennedy Road (21 April & 23 April), Lamontville (20 April) and Siyanda (14 April).

    We are still warning that the anger of the poor can go in many directions.

    We are issuing a clear warning to those who wish to remote the world that we will not be silent. We will not be good boys and girls. We are men and women who have resolved to take our place in the world. We are determined to participate in the construction of this country.

    John Minto’s refusal of the O.R. Thambo award, and his decision to reject the 5 star hotels and red carpets offered by the politicians and to instead visit the organisations of the poor, shows that the progressive world is watching South Africa and taking a clear side with us.

    We are not alone in our struggle to break the power of the rich, and their money, over the use and distribution of land. We are not alone in our struggle to build the power of the poor and to reduce the power of the rich.

    Abahlali baseMjondolo has a long way to go in our struggle to overcome inequality. On unFreeedom Day we will strengthen ourselves for the long road ahead.

    For more information and comment please contact:

    Mazwi Nzimande: 074 222 8601
    Lindo Motha: 074 460 5806
    Mnikelo Ndabankulu: 079 745 0653
    Zodwa Nsibande: 082 830 2707

    Featured post

    Six Families Under Threat of Eviction in Motala Heights

    20 April 2008
    Press Statement from the Motala Heights Abahlali baseMjondolo Branch

    Six Families Under Threat of Eviction in Motala Heights


    One of the homes where people are threatened with eviction.

    In 2006 the eThekwini Municipality illegally and violently tried to evict all the shack dwellers from Motala Heights. Abahlali baseMjondolo repelled this eviction and the shack dwellers remain in their homes today.

    In 2007 and 2008 the most notorious of the local landlords, Ricky Govender, tried to illegally evict two families from the tin houses. Abahlali baseMjondolo repelled these evictions and those families remain in their homes today.

    Now six families, living in rented backyard shacks and tin houses in Motala Heights, face eviction by local landowners. Those subject to eviction include pensioners and women-headed households with young children, all who have lived in Motala all their lives. They have nowhere else to go.

    Lot 35

    The first eviction case involves three families residing in tin houses: a single mother with two daughters, an elderly husband and wife, and a married couple with four children.

    The Legal Aid Board in Pinetown is representing the landowner in court. Legal Aid’s mandate is to provide legal representation for the poor, those who cannot afford access to private lawyers. The three families have raised questions about the landowners’ representation by Legal Aid; court papers disclose that she owns not only a large lot of land in Motala, but also 15 houses.

    Yet, in the course of representing the landowner, the Legal Aid Board in Pinetown sent letters to the families, which read: “NOTICE OF EVICTION”: “Kindly take note that you that you are hereby requested to vacate our clients’ premises with immediate effect.” The letters only were delivered recently, but are dated September 2007. Another letter is dated May 2006. When the families went to the Legal Aid Board in Pinetown for an explanation, they were turned away.

    The residents then approached the Legal Resources Centre (LRC), which declined to take their case, but agreed to send a letter to Legal Aid inquiring why the Board, aimed to assist those without the funds for private attorneys, was acting for a landowner with 15 houses. Thus far, Legal Aid has not responded to the LRC letter.

    The families under threat of eviction raised additional questions about the legal standing of the eviction notices, which must be delivered by the sheriff. These notices came by post. No PIE (Prevention of Illegal Evictions Act) notice has been issued.

    It seems that the Legal Aid Board is not only representing the rich (for free) against the poor but is also attempting an illegal eviction.

    Two of the families are paying R650 per month. The other family is paying R450 per month. Their backyard dwellings are dilapidated. The families must make all repairs at their own cost.

    The residents are not in arrears; they have paid their rent consistently. The local pastor, as well as the landowner’s nephew, who collects the rent, testified in writing to the court that the families were respectful tenants and paid their rent on time.

    Last week, one of the families was hauled into court on a civil matter. The landowner claims that she has been harassed and threatened by the occupants. The residents have made a similar counter-claim. Now, the landowner is seeking their eviction via the civil case.

    The one family in question has secured a postponement in the Pinetown Magistrate’s Court on 8 April 2009 with the support of the UKZN Legal Aid Clinic. Their case will return to civil court on 29 April. The other two families’ eviction matter is still pending.

    Lot 25

    The second eviction case concerns three families from Lot 25 in Motala. They live in self-made shacks in the backyard of a large house, where the landowner lives. The families in the backyard shacks entered into a verbal lease agreement with the landowner, at the cost of R500 per month.

    Last February and July, the landowner raised the rent to R800. The seven families living on his property share one outdoor standpipe. The landowner charges R100 per person per month for use of this standpipe. Even the youngest child, of two years old, is charges R100 per month for water.

    On one occasion, the landowner arbitrarily switched off the water from the standpipe, leaving the families without water from early morning until late at night. The police instructed him to return the flow of water for the sake of the children living there.

    The landowner now seeks to evict three of the families, and collect their arrears in addition to a 15.5% interest fee. According to the landowner, the families – one supported by an old-age pension and the other two by casual work – are required to pay between R6000 and R10 000 in addition to his legal costs.

    The residents are angered by the actions of the landlords and these latest eviction threats.

    The Motala Heights Abahlali baseMjondolo branch has resolved to break the power of the landlords over the poor and to force the eThekwini Municipality to expropriate the empty landholdings in the area so that houses can be built for all of the poor of Motala in Motala.

    For further information and comment please contact:

    Bongo Dlamini: 074 875 6234
    Shamita Naidoo: 074 315 7962

    Below is an archive of pictures and text produced from within the Motala struggle since the poor residents joined Abahlali baseMjondolo in early 2006.

    Press Releases from Motala Heights

    *Corruption and Armed Intimidation as Motala Heights Eviction Crisis Deepens, 20 June 2006.
    *Motala Heights Eviction Crisis Continues, 30 June 2006.
    *Motala Heights Eviction Crisis, Press Release 4, 21 August 2006.
    *Shacks Demolished at Motala Heights, Pinetown, 29 October 2006
    *Major Crisis as eThekwini Municipality Violently and Illegally Evicts Shackdwellers in the Motala Heights Settlement, 5 November 2006
    *Victory for the people of Motala Heights, 13 December 2006
    *Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction, 8 August, 2007
    *Four shacks Burn Down in Motala Heights, 10 September 2007
    *Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues, 13 May 2008
    *Court Action Against Intimidation in Motala Heights, 12 & 13 June 2008
    *AbM Youth League Chairperson’s shack has just been lost to fire, 30 July 2008
    *Armed De-Electrification in Motala Heights, 19 August 2008

    Pictures from Motala Heights

    *Ricky Govender gets his demolitions at Motala Heights (3 years ahead of the City’s schedule), 31 October, 2006
    *At the High Court for the Motala Evictions Case, 22 November 2006
    *Motala Heights on 12 December 2006 – the day before an eviction
    *SAPS stop Municipality workers from demolishing shacks, 13 December 2006
    * Photo essay on Motala Heights in December 2006 by Antonios Vradis.
    *Shack cinema, Motala Heights 11 March 2007
    *iPolitiki ePhilayo: Motala Heights Development Committee AGM, emZabalazweni, Motala Heights Settlement, 20 May 2007
    *Motala Heights, 2 August 2007. The day after Govender promised to bulldoze Uncle Jame’s house by the end of the month
    *Motala Heights, Meeting Against Evictions 4 August 2007
    *“Motala Heights Indian Shacks” – pictures by Shamita Naidoo, taken first week of August, 2006
    * The morning after 4 tin shacks burnt in Motala Heights, 9 September 2007
    *‘Meeting of the Poor Against the Rich’, 17 November 2007
    *The Motala Diggers, 31 October, 2008

    Newspaper articles on Motala Heights

    *Isolezwe, 30 October 2006 Bathi abayi ezindlini abakhelwe zona
    *Mercury, 30 October 2006: Council vows to get rid of shack dwellers
    *Mercury, 30 November 2006: Shack dwellers win court order against municipality
    *Highway Mail, 17 August 2007: We Won’t Go
    *Mercury, 4 September 2007: Photographer was threatened, Police rescue news team after fracas
    *Highway News, 11 September 2007: News team threatened for shack story
    *Highway Mail, 14 September 2007: Homes in Ashes
    *Mail & Guardian, 21 September 2007: ‘They can pack up and go’
    *Highway Mail, 24 September 2007: No assistance for Motala Heights fire victims
    *Mercury, 8 October 2007: Court halts landlord’s threats
    *Daily News, 16 June 2008: Order won to prevent harassment: Tenants take landlord to court
    *Mercury, 17 June 2008: Order granted against landlord ‘harassment’
    *Mercury, 21 August 2008: Land owner to take legal action to evict tenants

    Other Media

    *CNN, 11 June 2008: Slums offer surprising hope for tomorrow’s urban world

    Legal Documents on Motala Heights

    *Affidavit on the Founding of Motala Heights by Bheki Ngcobo
    *PDF copy of letter from the Legal Resources Centre to City Manager Sutcliffe, 23 November 2006
    *PDF copy of court order preventing further demolitions in Motala Heights (29 November 2006), Letter from the Legal Resources Centre to the Pinetown SAPS (11 December 2006) and a letter from the LRC to the city’s lawyers (12 December 2006)
    *Interdict preventing Ricky Govender from bulldozing the home of Mr. and Mrs. Pillay and from threatening or assaulting them, 28 September, 2007
    *Court papers for interdicts against Ricky Govender et al, the Station Commander of the Pinetown SAPS & the Minister of Safety & Security, 13 June, 2008
    *Letter from CALS to Ricky Govender’s lawyer on ongoing intimidation of James Pillay despite the interdict, 8 July 2008, 2008
    *Letter from CALS to Ricky Govender’s lawyer explaining that they have no legal basis to evict, 31 July 2008, 2008

    Other Documents

    *Facing Uncertainty with Unity: Lives and livelihoods of shack dwellers in Motala Farm by Lisa Fry, late 2006
    *Comments by people who resisted evictions in Motala Heights in December 2006, document drawn up in early 2007
    *Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” (See section 3 for an account of the two visits of Tim Jeebodh to Motala Heights.
    *Freedom of Expression Institute statement that makes reference to Govender’s death threats to journalists
    *Abahlali baseMjondolo & the Police A list of key incidents of police harassment between March 2005 and January 2008 (including references to incidents in Motala Heights)
    *Letter to the eThekwini Municipality from groundWork on illegal dumping by Ricky Govender, January 2008
    *COHRE report on housing rights in Durban (includes Motala Heights), October 2008

    Various documents on New eMmaus

    New eMmaus is just over the hill from Motala Heights and is not under the control of Govender. However the two areas share, in part, a common history as people who were evicted from land owned by the Catholic Church live in both New eMmaus and Motala Heights. (Their ancestors came to the Marianhill Monastery as converts – they were evicted when the monastery sold land off for factories to be developed).

    *New eMmaus Cracks, Press Release, 3 October 2006.
    *New eMmaus Cracks – photographs, 3 October 2006.
    *Emmaus residents fall into housing cracks, Sunday Tribune article, 22 October 2006.
    *Abahlali to Mourn UnFreedom Day 2007 & Celebrate the Strength of the Strong Poor in New eMmaus, 27 April, 2007.
    *Pictures of the UnFreedom Day Celebration in New eMmaus, 27 April, 2007.

    Featured post

    John Minto to Visit Abahlali baseMjondolo on Saturday, 17 April 2009


    John Minto is honoured by the militant poor, Kennedy Road, 17 April 2009

    Abahlali baseMjondolo Press Statement
    Friday, 17 April 2009

    John Minto to Visit Abahlali baseMjondolo on Saturday, 17 April 2009

    In January 2008 John Minto, a militant anti-apartheid activist from New Zealand, shocked the ANC by announcing, in an open letter to Thabo Mbeki, that he would refuse, on principle, to accept an award from the ANC. John stated clearly that:

    Receiving an award would inevitably associate myself and the movement here with ANC government policies. At one time this may have been a source of pride but it would now be a source of personal embarrassment which I am not prepared to endure.

    John’s open letter to Thabo Mbeki is online at: http://abahlali.org/node/3248

    Abahlali were deeply impressed by John’s decision, a decision which very few people would take for the benefit of shack dwellers, the poor and all those who were meant to benefit from the struggle waged by the Halt All Racist Tours movement against apartheid South Africa. We salute that struggle as we salute John’s refusal to accept an award from a small black elite who only enrich themselves at the expense of the poor.

    The question of honour is very important. While so many rush to be honoured by a system of oppression, often as a reward for silence or complicity, John took a clear position that such honour is in fact shame. We have often said that our struggle has to put the last first. At the very practical level this means that the needs of those who suffer the most must be given the most urgent priority – we need toilets, and houses and clinics before stadiums. It is a kind of madness to build an unnecessary stadium in a city where children still die from diarrhoea and in shack fires.

    But the need to turn the world upside down so that it stops being mad is not only a question of practical priorities. We also need to turn the meaning of honour upside down. Sometimes there is real honour in being arrested, beaten, being fired from your job or slandered. Sometimes there is real honour in earning the respect of the most humble people, the forgotten people, those who do not count in the eyes of the system. This was true when people like John stood up to apartheid. It is still true now.

    John Minto recognised that it would be a shame to be honoured by the same ANC that has betrayed the poor. We appreciate and recognise his initiative in denying the award from the ANC in solidarity with the poor and with the struggles of the poor. In Cape Town he has already been welcomed and honoured by the Western Cape Anti-Eviction Campaign. He spent a night on the pavement with the shack dweller’s of Symphony Way who are facing eviction to one of the notorious ‘transit camps’. In Durban he will be welcomed and honoured by Abahlali baseMjondolo. We are told that in Johannesburg he will be welcomed and honoured by the Anti-Privatisation Forum.

    In this world we must all make choices. Sometimes those choices are hard. Sometimes they carry a heavy price. John has made a clear choice. He has a clear position on which side he is on in the struggle for a world where honour and shame are turned the right way round.

    John will attend the regular Abahlali Saturday meeting in the Kennedy Road settlement at 12:00 noon. This meeting, like all of our meetings, is open to all, including the media.

    (Our comrades who are not in Durban and cannot attend this meeting might like to know that at 2:00 p.m. on the same day Abahlali baseMjondolo will be featured in an Irish radio programme. It can be heard online at http://www.rte.ie/radio1/saturdayview/)

    For more information and comment on John Minto’s visit to Abahlali baseMjondolo please contact:

    S’bu Zikode: 083 547 0474

    Zodwa Nsibande: 082 830 2707

    Short Bio on John Minto

    John Minto is visiting to South Africa for two weeks from 12 to 26 April.

    John is a political activist who was spokesperson for HART – the New Zealand Anti-Apartheid Movement during the 1980s and was the public face of the campaign to stop the 1981 Springbok tour to New Zealand. (He was arrested numerous times during the protests and has a medium-sized criminal record!)

    Early last year there was public controversy when he wrote a letter to Thabo Mbeki rejecting a nomination for the Companion of OR Tambo Award as he said the anti-apartheid campaign was not waged simply to enrich a few black millionaires but to bring economic and social change to benefit all South Africans (M&G article).

    He is very critical of the economic policies of the ANC, in particular it’s reliance on free-market strategies which wherever they have been applied bring wealth to the few at the expense of the many.

    After completing a physics degree John trained as a high school teacher and has taught most of the last 25 years. However he currently works for Unite Union – a trade union for low-paid workers in New Zealand. He is a spokesperson for Global Peace and Justice Auckland and the Quality Public Education Coalition.

    It is John’s first visit to South Africa. The main purpose of the visit is to see first hand the development of post-apartheid South Africa and meet with groups struggling for a better deal under ANC policies. For example he will visit groups such as Abahlali baseMjondolo (the Durban-based shack-dwellers movement), Western Cape Anti-Eviction Campaign, the Anti-Privatisation Forum and meet with union representatives and activists in Ditsela (Development Institute for Training, Support and Education for Labour). He will address two university-based seminars – in Durban and East London.

    He will also be meeting with South African activists from the sports boycott era. John is 55 years old with two teenage boys and lives in Auckland.

    Featured post

    Mzonke Poni on the World Social Forum

    http://www.khayelitshastruggles.com/2009/04/another-world-is-posible.html

    Another World is Possible

    Reflections and Criticisms on the World Social Forum, 2009, in Belem, Brazil


    Mzonke Poni at the WSF in Belem, Brazil

    The Road to Brazil

    My long trip started on the 20th January 2009 when I traveled from Cape Town to Durban by bus. I spent 26 hours on a City to City bus, moving from Cape Town via PE, East London and Umtata and then to Durban. As much as it was a long journey I must say it I really enjoyed it. I think it was nice touring my own country, getting the opportunity to be exposed to different corners of South Africa from Cities and Townships to Rural areas where the poorest of the poor are located as a result of the past.

    As the bus goes from one City to the other you get to know the reality of the country and all the divisions of our society are displayed. You just see the difference between those who have and those who do not have. The gap between the poor and the rich is displayed very clearly.

    While you are driving around Cities you see that there is everything from shopping malls, universities, schools, clinics, police stations, electricity, adequate public toilets, banks and beautiful (and expensive) houses.

    But once you are more than 30 kilometres away from the Cities you will see poorly built houses made out of mud. They are close to the mountains and with few access roads and with no electricity, water taps or proper roads. When reaching theses areas you get to see the reality of life in our country and to witness the fact that divisions of the past are still dominant in South Africa. The minority still continue enjoying the freedom while freedom still remains a dream for the majority.

    I arrived at Durban on the 21st January 2009 at around 20:45. When getting inside the town you go ‘wow’. It’s amazing and very beautiful with lot more high buildings than Cape Town. Of course it’s less friendly than Cape Town. It is also more complicated than Cape Town as well. But the challenges are still the same. It’s not amazing at all to find that the poor are also packed just outside the City in shack settlements which are very dense and which have no access roads at all. As a result people in these shack settlements have been the victims of fires each and every year. Life in Durban’s informal settlements is very frustrating because mostly they are outside the town and the are no recreational facilities nearby the people – no libraries around, no clinics around, no police stations around, nothing around at all.

    When getting inside the area you will see the same people that you will see when leaving the area. It is very difficult to get to know people apart from people that are living at the area. Cape Town is a very busy busy place from townships to cities, from informal settlements to formal settlements and people are using areas just to pass from one area to the other, you don’t need to go out of the area or to town if you want to mix or interact with different people. I think this form of interaction opens up people’s minds through sharing of ideas and getting to know other people at the personal level. It gives you social satisfactions because you don’t have limited choices in terms of choosing who you want to socialize with. I think this aspect of life also needs to be recognized as a right not as privilege, as a freedom of socializing with all walks of life with out limitations that are being imposed by geographic locations, socio-economic circumstances and all the political divisions that separate people.

    29th January 2009: The way to Brazil

    Early on this morning I was little bit nervous, of course. But I was also overwhelmed by the opportunity to leave the country for the first time. But I was not sure of what to expect and I said ‘thanks God’ because I was not traveling alone. I was with my comrade from Durban – the deputy President of Abahlali baseMjondolo – Lindela ‘Mashumi’ Figlan.

    I was also very curious to see which Cities and Countries we would pass while flying to Brazil and I thought this might expose me to just being able to see other African Countries. But to my surprise from Johannesburg we just crossed the deserts of Botswana and Mozambique and then after that we went straight to the sea. So I just decided to make use of entertainment facilities of the flight till we reached Sao Paulo in Brazil.

    The arrival

    It was amazing because we left the country just past ten in the morning and I was told that this is one of the longest routes to fly. But to my surprise we arrived at Brazil the same day at around past 4 in the afternoon.

    When landing at Sao Paulo it was amazing for the first time to see such a wide city which is also very dense and immediately my mind made a connection with the work of Paulo Freire and I just said ‘wow this is what inspired Freire’s work and methodologies on popular education’. I also made connections between South African housing practices and international practices, and it become clear to me why Lindiwe Sisulu, the Minister for Housing, is very frustrated with the delays and challenges that are facing her flagship project of N2 Gateway Housing Project in Cape Town. She wants to comply with ‘international standards’, by ‘clearing slums’ that are at next to highways, airports, and along all major routes, by forcefully relocating people that are living at these areas to human dumping grounds outside cities. She doesn’t care what the City looks like to the poor who live there every day. She cares what it looks like to people who fly in to visit.

    Language

    Just after landing we encountered problems with communication. It became very difficult for us to interact with local people, or even to ask for directions and etc. On our arrival at Sao Paulo the first thing we wanted to do was to buy privatized water as we were instructed by our travelling clinics not to drink unbottled water. At the airport there were lots of stalls selling food, drinks, snacks and etc, so we went to ask how much bottled water cost 500ml, hey! As we asked in English everybody was laughing at us and speaking a language that we didn’t understand. The only thing we could do was to lift up our shoulders, open our hands, smile and say ‘we don’t know’. When they spoke again we’d show them water through the glass, nod our hands and give them US dollars. And again they’ll say something that we didn’t understand until we decided to leave them and go to the other stall. And the same thing happened! On the third stall they gave us a hand signal saying that we must wait while they tried to find someone who understands a little bit of English. It was then explained to us that they don’t trade with US dollars and that we first change our dollars to Brazilian currency. But at that time all the foreign exchange places were closed, so we had to continue with our trip till to Belem, without interacting with local people. At the internal flights the situation was the same.

    Guys that were coming from Mozambique were quite comfortable in Brazil. They just felt at home, interacting freely and it was very difficult for them to fill us in because they also couldn’t understand English. As a result of that they decided to distance themselves from us. After they distanced themselves Lindela said ‘Qabane, we should not worry. 2010 is coming and people from all these countries will be in South Africa. I can see now that people are more friendly to people that they were colonized with or by. When 2010 is in South Africa it will be our turn to be more friendly to Britain and all the people colonized by Britain.’

    The 30th of January or Day One in Brazil at the Hotel

    We woke up just after 7 early in the morning and we had a breakfast at the hotel. We had the opportunity to meet activist of the MST that were coming from Sao Paolo. Lucky some of them could speak little bit of English and they made our stay there at the hotel a little bit easier because we could interact with other people through their assistance through translation. With the help of the MST comrades we were able to share the struggles of the Abahlali baseMjondolo movement of South Africa with other activist from throughout the globe.

    It was a pleasant experience to share a hotel with comrades from around the world. We were very pleased that managed to build relationships with people from Palestine, which enable us to understand the feelings and the frustrations of the people of Gaza and the conditions caused by Israeli apartheid.

    It was very good also to share a room with comrades from MST. That enabled me to develop a better understanding of MST as a social movement in Brazil’s context and to be able to translate that into the South African context of organizing. It was good to understand the social movement perspective on a global level. I thought this sharing of experiences of movements involved in a mass based resistance was only to Latin America. But to my surprise 5 days later I met with other activists that are coming from Zambia, Southern Africa and they also confirmed the same practices of resistance that are dominant in Latin America are as relevant and dominant in Zambia.

    During Lunch Time

    On day one at the hotel nothing was clear and also we were not clear with the system of Brazil. So during the lunch we went to the kitchen for lunch as my comrade was dying out of hunger and we were told that it’s only breakfast that is included in our hotel bill and that we were responsible for our own lunch and supper. At this time we were still having dollars not Brazilian money and so we couldn’t trade at all. We decided to take a walk through the streets of Brazil and we went to the park, at the park there were these long trees of mango and there was a guy taking them off the tree using a long pole with an open cap to catch the mangos from the tree. When we passed him he said something in Portuguese and I replied ‘we don’t know’. He said ‘mango’ and I said yes and he gave us a mango which was yellow, sweet, cool and delicious. We were so happy that he gave us the other one. When we left we said thank you and he wanted money. I showed him by hands that we don’t have money and he laughed and said ok. We then left him with, at least, something in our stomachs.

    The Weather

    The weather was very, very hot. But although it was very hot there was no sun. It was amazing, because all of a sudden it would rain very hard but that would not last long, and people would just go crazy in the rain, really enjoying it. They’ll be wet and within a few hours they’ll dry out as if they were never wet. During the first day of the February, which was the following day, one of our friends from South Africa tried it and the next day she was sick and had to be taken to the hospital, and then from hospital to the private doctor.

    The weather was the same till we came back to South Africa and I had to buy an Umbrella. In Belem in March you need to carry your umbrella wherever you go if you are scared of the rain. This is what I was doing because I knew very well that it will be very, very cheap to get flu – you’ll not even have to pay anything – but when wanting to cure it will be very expensive.

    The Economy

    Wow, it was an awful experience to see the poor participating in the economy. It was awful because it is just the opposite of what South African government is doing to us in South Africa for 2010. In Belem people participate freely but at home the government is evicting poor people who are selling at corners of different streets, especially those that are selling at centre of towns where there will be major events for 2010.

    At Brazil the hotels only provide bed and breakfast. The guests are responsible for their own lunch and supper which is available at the stalls just outside the hotel – not at registered restaurants just an ordinary stall. That would never be allowed in South Africa.

    People just come up with just their food to sell and chairs. People are doing this freely and are not being intimidated by the police or big businesses or by anyone. The worst part of it is people are free to sell alcohol without the licenses that only benefit reach people.

    I think South Africa needs to learn a lot from Brazil in terms of practices because both countries are third world developing countries. What we have to learn goes beyond the economic practices. It is clear that the health infrastructure of Brazil is far better than in South Africa. Their housing approach is also better. It was amazing to see shacks within the city in Brazil, something that South African government would have been very emotional about. Lastly their transport system is also much better. I was amazed by the bicycles which are being used as means of transport by poor people, others were even using them to transport people locally to earn something for themselves.

    From the First Day of the World Social Forum

    The first day of World Social Forum was on the 1st of February, just after our second day in Belem. It started with a march. It was anticipated that more than 150 000 people participated in the march, which started after noon just next to the Amazon river, where people and different cultures met. It was very overwhelming to get an opportunity to see all the different cultures that exist in Brazil. Brazil it’s more or less the same as South Africa in terms of this – it is also a rainbow nation.

    As much as it was an overwhelming experience to participate in the World Social Forum it was not impressive at all. Because the first day of the forum set the tone for the whole of the forum, and it was clear that the forum would be dominated by NGO’s/Academics and by Latin America.

    Other people that were not coming from Latin America were unconsciously excluded from the forum, as there were no interpreters at the forum at all, and it was very difficult for people who were coming from outside Latin America to follow speeches or activities that were taking place in the forum from day one of the forum. It was made clear that it was not the responsibility of the organizers to organize interpreters for people, it was people’s responsibility to organize their own interpreters and it was very difficult for us to get that as there was no prior arrangements made. This was a pity. In our struggles in South Africa we have many different languages but our movements always take responsibility for organizing translation – especially for visitors. Of course the NGOs in South Africa want to do everything in English but not the movements.

    I must say that in certain cases we were quite lucky as there was people that didn’t mind to translate for us, but that also limited our freedom to chose to participate in the programs that were relevant to the struggles of Abahlali and to South African context. We had to stick most of the time with people who were willing to translate for us and we had to change our program completely and to adjust ourselves to their programs irrespective of their relevance to our struggles or to the South African context.

    As much as people were doing their best to accommodate us, it was not at all easy for us. In fact it wasn’t easy for the people helping us either because most of the time people that were willing to accommodate us were not coming from Latin America and they also had challenges in terms of translations as they couldn’t translate for us properly. It was very difficult for us to participate at most of the sessions that we have attended because of language limitations.

    We also participated at the march of MST during the day of the address from four presidents from Latin America where Chavez spoke. But we had the same problem with translation again. You could see that people were quite excited about Chavez’s intervention. In his speech he disclosed that Barack Obama had came out to him and he said that Chavez is problematic and that he does not like him. Chavez also emphasized that the other world is not just possible but it is necessary.

    As much as people were very impress by his speech myself I was not impressed at all by the practices that I had seen – the practices of dictatorship, dominance and general top down approaches. I thought that this was a radical space and that, therefore, the event would create space for activists to debate issues and engage with the four presidents that were present. I had thought that people would be able to influence each other directly. But instead it was business as usual. It was just another rally for big men to speak to little people, it was just another opportunity for the presidents to run another talk show and then leave. It was no different to how our politicians behave at home. This is one of the reasons why we have refused to vote for them any more.

    In my view this technique whereby big men lecture the people in stadiums is politically based. It the technique that is being used by the politicians when they want to get or remain in power by demonstrating to people their abilities so that people can believe in them as their leaders. They want to look as if they are relevant people for particular positions and so they do this pretence of engaging with people but in reality they are not engaging with people. A real engagement with the people, well, that should be a two way process in which certain problems are being identified through dialogue and reflections and alternative solutions are being explored collectively. It can not be a one way process.

    Even the process that is being favoured by the majority of people is very problematic. This is the process where people engaging with politicians by asking questions or stating problems and politicians are given an opportunity to respond. But in fact this process is very manipulative and undemocratic. The politicians they use it in a manner where people will feel that they have be listened to at and their frustrations have been heard.

    But the problem with this process is that there’s nothing that is equal. The politicians have got the power and the people do not have it. Those with the power, the politicians, are being viewed as those that know everything. That is why people are told to ask questions and not to make statements, or come up with alternatives. They are viewed as empty vessels. This approach is similar to what Freire calls the banking approach.

    In our movements we insist that everyone is equal and we work on that basis. We think together. Everyone discusses and debates together. We never have one person on a stage taking questions. If there are too many people for everyone to participate in a discussion then we just break up into groups and work it like that. This is a democratic approach. If Chavez or any other president came to Abahlali he (or she) would be welcome to participate in the discussions that we are having but as one comrade amongst other comrades. Really, I think that this is a better approach.

    Summary

    The World Social Forum was a success, due to the fact that many people participated in it and because local people supported it. It also created opportunities to expose the consciousness of local people (Brazilians) to the reality of market based and global based financial policies, which disadvantage the working class people.

    But as much as the Forum was a success there was still a difference, a big difference between those who have and those who does not have. This difference remained a serious problem at the Forum due to the fact that people who managed to participate at the event, especially those that were coming from outside Latin America were mostly people that were coming from NGOs. Only very few people come from grass roots movements. The Forum says that ‘another world is possible’ but it itself is not another world. In most cases oppressed people are denied the opportunity to be part of an influential global process like this. So the forum becomes a space for an NGO elite to debate and discuss on behalf of the poor and not a space for poor people’s struggles to debate and discuss for themselves.

    New ways of incorporating genuine activists and genuine movements need to be created, to ensure that the struggle of the working class is taken forward by the working class. If we do not address the power imbalance in terms of controlling resources for international mobilization the middle class people and academics who associate themselves with the working class people in terms of ideas will remain as the main forces that drives and control the struggle of the poor. The poor will remain marginalized and making noise at different corners of the streets while NGOs and academics travel the world to speak for them.

    And we all know that most poor people’s movements have rejected those NGOs that want to be their bosses. For this we have been called criminals. If the NGOs and academics are serious about equality, about making another world a reality, they should stay at home and sponsor the movements in their countries to elect their own representatives to go to the forum.

    Conclusion

    It was a good thing for ABM to send activists to participate at the WSF. We found that we had to represent not only our ten thousand members, not only South Africa but even the entire Africa. Our presence gave us opportunity to interact with representatives from other African countries and we had opportunity to consolidate solidarity with our brothers and sisters who were recently victimized by South Africans and labelled as foreigners and kwere-kweres. As a movement this was very important for us.

    Our presence also created opportunity for us to build concrete relationships with some of influential Latin American grassroots based movements who are well known through Latin America and world wide. We became especially close to MST. This will give us future opportunities to interact more with these movements and to exchange ideas and build more solidarity world wide. Hopefully one day we will be able to create a situation where grassroots movements from around the world can meet each other regularly and directly – a movement forum and not an NGO forum.

    As much as we couldn’t come up with programs for the Forum in advance we were able, through our activeness during our stay at Belem, to manage to show our presence at the Forum. We were recognized by many NGO’s/Academics and progressive donors and by the media as well. We were quoted in some local and national newspapers and we even participated in a documentary which will be screened in Latin and North America. All this is good. Our attendance at the Forum was very much worth while. But we must still say that because ‘another world is necessary’ therefore it follows that ‘another Forum is necessary.’

    By: Mzonke Poni
    ABM Western Cape Chairperson
    073 2562 036

    Featured post

    Siyanda A and B to March on Housing MEC Mike Mabuyakhulu on Tuesday 14 April 2009

    Update: Click here to read the report on the march in the Mercury, here to read the report on the march in Isolezwe and here to see some photographs.


    Mamu Nxumalo Addresses the Protesters

    Thursday, 09 April 2009
    Press Statement from the Siyanda (A & B) Abahlali baseMjondolo Branch

    Siyanda A and B to March on Housing MEC Mike Mabuyakhulu on Tuesday 14 April 2009

    At 8:00 a.m. on 14 April 2009 we will march from Garrupa Park (next to the V.N. Naik School for the Deaf) in Newlands to the Metro Police Station in KwaMashu.

    We have been marching on Councillor Madondo, for quite long now. He has never answered our memorandums. We have confronted him and he has made it clear that he cannot answer our questions. In February last year we marched on Mayor Mlaba. We have received no answer to our memorandum. Late last year the Abahlali baseMjondolo branch in Siyanda Section C marched on Provincial MEC for Housing Mike Mabuyakhulu. They received no reply to their memorandum. Now Siyanda Section A and B, those living in self built shacks and those living in government shacks, will march on Mabuyakhulu.

    We will issue the following demands to Mike Mabuyakhulu:

    1. We demand houses for all in Siyanda.

    2. We demand water for all in Siyanda.

    3. We demand electricity for all in Siyanda.

    4. We demand toilets for all in Siyanda.

    5. We demand an immediate end to the amatins (i.e. the so-called ‘transit camps’ which are really just government shacks) and to forced removals to amatins.

    6. We demand an end to government corruption and an independent and credible investigation into all the corruption that has already happened in Siyanda.

    7. We demand roads that serve our community, not just the freeway that is destroying our community.

    8. We demand lighting throughout Siyanda. (The police say that they cannot help us with crime at night because it is dark and there are no roads. Last year the Abahlali baseMjondolo membership fees were even stolen from our treasurer in an armed robbery. He was shot in the shoulder. This crime has to stop.)

    9. The MR577 freeway is the road that has cut our community in half and resulted in forced removals to ama-tins. We demand that work on the fence along this road be immediately stopped. The fence will prevent our children from being able to walk across the road so that they can get to school. We will not accept a fence without a bridge. Everybody knows that Abahlali baseMjondolo has long experience in taking down fence poles. The bridge must be built before the fence.

    10. We demand that in future all development is planned with the people and for the people and not by government (and NGOs and consultants) for the people.

    Our struggle for the right to live in this city and to have a dignified and safe life in this city goes back many years. The land in Siyanda was first opened to the people in 1988. We occupied it without government permission and had to struggle to stay on this land. Eventually we all collected R20 for a lawyer who could talk for us in the court. We won our case and in 1996 the government bought the land for us and promised to build us houses.

    They started with RDP houses in 2001. But already there was corruption. Already our lives and our community and our struggle became a chance for politicians and officials to get rich. In 2003 they started with the Khulula project. The corruption was huge. The corruption was just as bad with the ama-tins built for the people that were evicted for the MR577 freeway but could not go to the houses promised to them because those houses had been corrupted.

    Now Namandla construction says that the job that they have been given in Siyanda is finished. But 1 500 families are still in their own shacks. Forty five families are still in the government shacks (ama-tins) which are much worse than the people’s shacks. Councillor Madondo says that he doesn’t know how the job can be finished when so many people are left without houses. Mlaba does not answer our questions. So now it is time for us to confront Mabuyakhulu.

    There is no need for us to go and vote in this election because we haven’t received anything from government for the past 14 years. We don’t want empty promises about a better life. We want a clear discussion about the crisis in our community and clear plans to resolve that crisis with decent housing for all. We want Mabuyakhulu to come to Siyanda and to sit down with us so that we can plan when and where and how our houses will be built. We have been staying in shacks for 21 years. We cannot continue to stay in shacks any longer and we do not accept and will never accept the ama-tins. The conditions are so bad that many of us are getting sick.

    Power to the people, not politicians!
    No Land! No House! No Vote!

    For further information and comment please contact:

    Mrs. N. Nxumalo 076 579 6198
    Mr. B. Ngwenya 074 551 7834
    Mr. N. Ngcobo 071 566 1287

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Mercury, Op-Ed: Meeting people’s housing rights, by Mike Mabuyakhulu, 9 February 2009
  • Photo of one of the 5 room Siyanda jondolos, 10 February 2009
  • Project halted by protests, The Mercury, 17 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • State Criminality in Siyanda, 17 March 2009
  • Pictures of the Siyanda Eviction to Richmond Farm Transit Camp on 17 March 2009 (under judicial oversight……)
  • Balale emnyango ababethenjiswe izindlu zomxhaso, Isolezwe, 20 March 2009
  • Featured post

    Open Letter from the AEC to US Activists

    http://www.thenation.com/doc/20090420/western_cape

    April 7, 2009
    The Nation

    An Open Letter from the Western Cape Anti-Eviction Campaign in South Africa to US Activists

    To: All poor Americans and their communities in resistance

    The privatization of land–a public resource for all that has now become a false commodity–was the original sin, the original cause of this financial crisis. With the privatization of land comes the dispossession of people from their land which was held in common by communities. With the privatization of land comes the privatization of everything else, because once land can be bought and sold, almost anything else can eventually be bought and sold.

    As the poor of South Africa, we know this because we live it. Colonialism and apartheid dispossessed us of our land and gave it to whites to be bought and sold for profit. When apartheid as a systematic racial instrument ended in 1994, we did not get our land back. Some blacks are now able to own land as long as they have the money to do so. But as the poor living in council homes, renting flats or living in the shacks, we became even more vulnerable to the property market.

    It is chilling to hear many people today speak with nostalgia about how it was better during apartheid–as if it was not apartheid that stole their land in the first place. But, in an obscure way, it makes sense. Back then in the cities there was less competition for land and housing. Because many of us were kept in the bantustans by a combination of force and economic compulsion (such as subsidized rural factories), the informal settlements in the cities were smaller and land less scarce.

    But in the new South Africa (what some call post-apartheid South Africa and others call neoliberal South Africa), the elite have decided it is every man–or woman or multinational company–for him or herself. And thus, the poor end up fighting with the rich as well as with themselves. The elite use their wealth and their connections to all South African political parties in the pursuit of profit. There is very little regulation of this, and where there is regulation, corrupt and authoritarian government officials get around it in a heartbeat. People say that we have the best constitution in the world–but what kind of constitution enshrines the pursuit of profit above anything else? They claim it was written for us. That may be. But it obviously was not written by us–the poor.

    So, the recent realization that there is a financial crisis in the US (we think the crisis has been there a long time, but was hidden by economists) reminds us of where we ourselves stand. While our neoliberal government has touted growth and low inflation figures as proof of the health of our country, 40 percent unemployment has remained. While Mandela and Mbeki were in power and the economy grew, poor South Africans had their homes stolen right from under them. For our entire lives, we have been living in a depression, and at the center of this crisis is land and housing.

    As the poor, we gave the African National Congress government five years to at least make some inroads towards redistribution. But instead, the land and housing crisis has gotten worse, inequality greater, and we are more vulnerable than ever.

    So, in 1999, 2000 and 2001, farms, townships, ghettos and shack settlements all across South Africa erupted against evictions, water cutoffs, electricity cutoffs and the like. We have been fighting for small things and small issues, but our communities are also fighting two larger battles.

    The first is embodied in the declaration we make to the outside world: We may be poor but we are not stupid! We may be poor, but we can still think! Nothing for us without us! Talk to us, not about us! We are fighting for democracy. The right to be heard and the right to be in control of our own communities and our own society. This means that government officials and political parties should stop telling us what we want. We know what we want. This means that NGOs and development “experts” should stop workshopping us on “world-renowned” solutions at the expense of our own homegrown knowledge. This means we refuse to be a “stakeholder” and have our voices managed and diminished by those who count.

    In the 2004 national elections and again in this year’s elections, we have declared, “No Land! No House! No Vote!” This is not because we are against democracy but because we are against voting for elites and for politicians who promise us the whole world every five years and, when they get elected, steal the little we have for themselves. Elections are a chance for those in power to consolidate it. We believe this is not only a problem of corruption, but also a structural problem that gives individuals and political parties the authority to make decisions for us. We reject that and we reject voting for it.

    Second, while our actions may seem like a demand for welfare couched in a demand for houses, social grants and water, they are actually a demand to end the commodification of things that cannot be commodified: land, labour and money. We take action to get land and houses and also to prevent banks from stealing our land and houses. When a family gets evicted and has nowhere else to go, we put them back inside. (In Gugulethu last year we put 146 out of 150 families back in their homes).

    When government cuts off our electricity, we put it back on. In 2001, we were able to get the City of Cape Town to declare a two-month moratorium on evictions. We break the government’s law in order not to break our own (moral) laws. We oppose the authorities because we never gave them the authority to steal, buy and sell our land in the first place.

    Combined these are battles for a new emancipatory structure where we are not stakeholders but people; where land is for everyone and where resources are shared rather than fought over.

    This anti-eviction movement you are waging has the potential to help build a new kind of liberative politics outside of the political parties. We have found that these politics must be about the issues (including land and housing). It must not be about personalisation of the struggle. No politician or political party can or will fight the struggle for you. As a hero of your past once stated: power concedes nothing without a demand. Being in the struggle for over nine years, we have learned the following:

    •Beware of all those in power–even those who seem like they are on your side.

    •Beware of money, especially NGO money, which seeks to pacify and prevent direct action.

    •Beware of media, even alternative media written by the middle class on behalf of the poor. Create your own media.

    •Beware of leaders, even your own. No one can lead without you. Leaders are like forks and knives. They are the tools of the community and exist to be led by the communities.

    When you build your “Take Back Our Land! Take Back Our Houses!” movement, build from below. Build democratically. Build alternative and autonomous ways of living within your community while fighting for what is yours. Build your own school of thought.

    Make sure poor communities control their own movements because, as we say, no one can lead without us. Make sure you break the government’s laws when necessary, but never break your own laws which you set for yourselves.

    Most important of all, do not forget you have much to teach us as well. We all have much to learn from one another.

    Amandla Ngawethu! Power to the Poor People!

    The Western Cape Anti-Eviction Campaign
    South Africa

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    ABM WC marching to the offices of City of Cape Town

    1 April 2009

    ABM WC marching to the offices of City of Cape Town

    No Land! No House! No Vote!

    Abahlali baseMjondolo of the Western Cape TR branch Site B today on the 1st April will be marching to the Offices of the City of Cape Town Mayor Helen Zille who is having ambitions to become the new premier of the Western Cape after this years national undemocratic elections.

    During the week of voters registration (7&8 of February 2009) people of TR had decided to protest against the voters registration station that was put at their areas by IEC claiming that government had undermined the rights of people of TR for years by not improving conditions that people are living under off, TR section is still one of the areas within the City of Cape Town that are still using pure bucket system.

    Today people of TR section (Abahlali baseMjondolo banch) will be marching to the office of Hellen Zille to demand essential services such such toilets, water, electricity and demand that people who are living at flood prone areas to be relocated within Khayelitsha.

    March Details

    People will gather at Site C train Station at 08:30 and take 09:15 train to Cape Town and arrive at CT station at 10:00 at First class and proceed to the offices of City of Cape Town Civic Centre..

    For comment please call

    Noxolo 0710431916
    Rora 0781596700
    Babalwa 073230036

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    Police Suppress LPM Youth March

    Click here to see the pictures that went out with this press statement.

    Police Suppress LPM Youth March,
    But Our Frustrations Grow Stronger

    On the 26th March, the day before we, the LPM youth, were to have our march to demand that our councilor step down, the JMPD prohibited us. The reasons the police gave for this were that we are violent and unruly and that they “know” us. They referred to a march organised by the Gauteng LPM that happened in 2002 when we refused to leave Mbaziama Shilowa’s office. This march, we explained, was not organised by the youth. Regardless, they said they didn’t have the time and manpower to plan a safe and peaceful march and that if we carried out the march, they would be “hard” on us. We took this to mean that they would arrest us over the weekend and also brutalise us by beating us and shooting us with rubber bullets. The government will not meet with us, and now we believe they are even working with the police to suppress our right to express ourselves openly by marching. There is a real problem in our democracy when the government and the police have time to suppress and brutalise us, but not to help us publicly express the demands that we feel will improve our futures.

    The LPM youth march peacefully throughout the night in Protea South even though they were aware that the march the following day was prohibited. This was a way of sending a clear message to the councilor that we will not back off even though the police and government are trying to suppress our rights. We will still find a way to have our demands met.

    On the morning of the LPM youth march on the 27th, people gathered at Peacemakers ground in Protea South and the leaders of the LPM youth decided, in the end, not to march because they didn’t want people to get unnecessarily arrested and beaten by the police.

    In a few weeks time, the government will want the youth to vote, but before we vote we will ask ourselves what they do to us when we try to have a march so that we can improve our futures. The answer is that they suppress us. By marching we are only expressing our right not to let our futures be held hostage by one corrupt councilor. We are also declaring that the community of Protea South must determine its own destiny. Asking our councilor to step down is not drastic and we are not the group of looters/hooligans that the police and the government like to think we are so that they can more easily suppress our demands. We are simply poor people seeking to release ourselves from the cold chains of injustice.
    When we met with the police and they prohibited our march, they said “the meeting is over” and then left the room. The meeting was adjourned, but our struggle remains. They can threaten to arrest us but our demands for justice will not go away. For the poor, achieving justice is an ongoing process of struggle. We are all very aware that our strength in numbers, our bodies – the same ones that the police shoot with rubber bullets and arrest – are the only strength we have to make those in power listen to us. It is this strength that the police and government so badly want to suppress. But police suppression only gives the appearance of silencing our demands momentarily, when in fact it makes us more frustrated and gives us further reason to organise a more powerful march. We are considering how we can make our march have the greatest impact without sacrificing the youths to police brutality. It is then that the government, and society, will witness just how strong we are.

    We have said it before and we will say it again: We are confident that justice will be served.

    “We Shall Overcome”

    Bongani Xezwi – LPM Youth Coordinator, Protea South
    Luke Sinwell – University of Johannesburg, LPM activist

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    Rietvlei Community Protest March Against Violations of Land and Human Rights of the Masikane Family by Local Farmer and Police

    Rural Network Press Release

    RIETVLEI COMMUNITY PROTEST MARCH AGAINST VIOLATIONS OF LAND AND HUMAN RIGHTS OF THE MASIKANE FAMILY BY LOCAL FARMER AND POLICE


    Abahlali baseMjondolo & the Rural Network at the Reitvlei Protest – 21 March 2009

    On March 21, 2009 the Human Rights Day, we the community of Rietvlei (black and white) and the Masikane family will march on our streets to protest against the:

    1. Eviction of the Masikane family by a local farmer
    2. Flagrant biasness of the Rietvlei Police Station against the Masikane family
    3. Denial of justice by the Greytown Magistrate Court
    4. Failure by the Department of Land Affairs to provide tenure security to the Maiskane family

    The Masikane family has been living on Bright Water Farm for four generations. They lived in peace and harmony with all previous land owners until the de Gasperyz family bought the farm. The problems started about six years ago when Mr. Collin de Gasperyz started to embark on a campaign to evict the Masikane family who had been on living on that land for four generations. When the family resisted on the grounds that they belong to that land Mr. de Gasperyz started a campaign of constructive eviction which escalated to violence (for more information please see attached KZN Land Legal Cluster’s document).

    He started by subjecting the family to verbal abuse, disconnecting water, damaging their water tank, kicked and pulled out doors from their hinges. When that did not work he started to escalate to physical abuse and became very violent (at the same time also abusing other white famer neighbors). His violence is believed to have led to deaths of two family members, i.e. grandmother Masikane who died a day after being attacked by Collin de Gasperyz and her son Bhekuyise Masikane who also died after being attacked by Collin de Gasperyz, in 2006 and 2007, respectively.

    All of the abovementioned cases and many others were reported to the local police station (Rietvlei Police Station). About 14 cases have been reported to the Rietvlei Police Station and none of them have resulted in arrest or conviction. It is the community’s belief that Mr. de Gasperyz enjoys favorable treatment from the local police station since he is a friend to the Rietvlei Police Station Commissioner’s husband. Each time the family opens a case the local police station finds a way of either to avoid opening a case formally or sabotage the investigation. For example, on Christmas Eve of December 24, 2008 de Gasperyz evicted some of the Masikane family members. Police were called but did not show up until eight hours later. Their excuse being that they got lost. When the police came back the following day they went to Collin’s house first to hear his side of the story. By the time they came to the family they refused to open a case.

    The case was only opened on December 30, 2009 when one of the NGOs intervened. Even then the police were reluctant to open the case against de Gasperyz. While the Masikane family was giving a statement to the police officer who was assisting them with opening the case, the husband of Captain Jonk (Rietvlei Police Station Commissioner) was busy firing gun-shots outside, not far from the room where the Masikane family was sitting. The gun-shots were so loud that the Masikane family got too scared to continue with writing statement. Nevertheless, they finished the statement. The police promised to investigate but to date they have not made any arrest or follow up.

    The Masikane family secured a court order in February 2008 preventing de Gasperyz from attacking theme but he continues despite it. Last month Collin de Gasperyz was seen coming out from the Masikane’s house in spite of a court order preventing him from interacting with the family. The house was sprayed all over with some bluish powder which the family is suspecting to have been poison. A family’s cat died after eating food infested with the bluish powder. Another family member, Sifiso, who had not been aware of the poisonous attack ate food and got sick. He was admitted at Northdale Hospital and spent three days there. The case of attempted murder was opened but police have not made any arrest or at least followed up with case. Pathological test results from the cat’s samples have not been collected to dated.

    Up to 14 cases (including the ones mentioned above) have been reported to the local Rietvlei Police Station and none of them were successfully investigated or prosecuted. We believe that under normal free and fair democratic system such prolonged abuses and lack of justice should neither happen nor tolerated. We believe that this farmer enjoys favor and protection from the local police station commissioner, Captain Jonk since Mr. de Gasperyz is a friend of her husband. Captain Jonk’s husband used to even accompany de Gasperyz during some of his attacks in the past.

    On Tuesday of March 17, 2009 the organizers of the protest march met with the Mshwathi authorities to finalize logistics arrangement for the march, as per the requirements of the Gatherings Act 205 of 1993. Captain Jonk attended this meeting despite a request by the community not to have her supervising the protest march since she has a conflict of interest. During the meeting she stated very clear that she wants to and she is going to supervise the community’s protest march and no one is going to stop her from doing so. The community’s protest march will be submitting a memorandum of grievances against her Police Station. We found this behavior tantamount to abuse of power and unethical.

    The Department of Land Affairs have always been made aware of the Masikane situation and have not yet provided the Masikane family with security of tenure and protection against the farmer’s abuses.

    The department of Justice has failed to make justice accessible to the Masikane family in spite of numerous cases that have been tried at Greytown Magistrate Court. None of them have resulted in convictions. We believe that there should be a re-investigation of all cases that the Masikane family opened and administered by magistrate Gert van Rooyen to determine if there was no mal-practice since it does not make sense to us that all these cases did not result in any conviction.

    Therefore, we have resolved to hold a public protest march scheduled to take place on March 21, 2009 during which we wish to submit our list of complaints and grievances to the relevant authorities.

    Date of the Event: March 21, 2009

    Time: 10H00 am

    Place: Rietvlei Police Station (KZN)

    We trust that our invitation will find favour in your consideration. In case you need to contact or wish to meet with us please feel free to contact the following community leaders / conveners: Ms. Nobuhle Madlala (072 197 3881) and Ms. Jabu Masikane (079 914 9224).

    Yours sincerely,

    Ms. Nobuhle Madlala & Ms. Jabu Masikane

    Contact:

    Buhle Madlala

    P. O. Box 87

    Howick

    3290

    Phone: 072 197 3881

    Fax: 086 566 2937

    Jabu Masikane

    P. O. Box 87

    Howick

    3290

    Phone: 079 914 9224

    Fax : 086 566 2937

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    AEC: Symphony Way Granted Temporary Reprieve; Eviction Postponed in High Court

    Delft Anti-Eviction Campaign Press Release
    20 March, 2009 – For Immediate Release

    Symphony Way Granted Temporary Reprieve; Eviction Postponed in High Court


    Left over from the protest outside the Cape High Court…

    Residents of Symphony Way won a temporary reprieve from forcible eviction in the Cape High Court today.

    Families gathered on the steps of the court, carrying signs that read: “We need houses for our kids,” and “Give us what is rightfully ours!!! Houses!!!”

    The City of Cape Town is seeking the removal of 127 families from self-made shacks to tin, emergency shelters in the Delft Temporary Relocation Area, known as ‘Plekkiesdorp’ (Tin Town).

    The families said they will not go to Plekkies: “We will only move when we get keys to proper houses.”

    Justice Joubert, whom residents noted was fair and considerate, ordered a postponement for 9 June 2009. The state attorney requested that the community be given a considerably shorter period of three weeks to prepare their case.

    AEC Chairperson, Ashraf Cassim, represented Symphony Way in court. Cassim explained to the judge that residents needed time to raise funds and secure appropriate legal representation.

    Cassim also informed the court that numerous advocates acting on a pro bono basis through the Law Society had previously represented the state. The judge questioned the state advocate on this point, noting that it presented a potential conflict of interest.

    About postponement, Evelyn, a Symphony resident, said, “Today’s answer gives us strength and gives us hope. We must believe in ourselves.”

    Kareemah added, “I think we could have gotten a longer period of time to get our own lawyers, but it is the best the court could do. We now will work and fight for what we want.”

    The state is seeking legal costs from the respondents, which some said was a measure of intimidating the poor from seeking redress in the courts.

    The families have been living on Symphony Way since the City violently evicted them in February last year, leaving them on the pavement without alternative accommodation.

    Residents wish to add that political parties, including COPE and the ANC, recently have been visiting Symphony Way, offering money and even legal representation.

    The community has refused to be supported by political parties: “They are not here for the thirteen months we have been on the pavement. Now it is the election, and every other day, there’s a party here. They have hidden agendas. It is because of a political party, the DA, that we are sitting here on the pavement. Now, the DA wants to evict us for the second time. They put us in this mess.”

    Residents now say they will prepare for their next court date to oppose this second, attempted eviction by the City.

    Contact
    Mncedisi Plaatjies 079 305 1066
    Kareemah Linneveldt 078 492 0943

    IN THE HIGH COURT OF SOUTH AFRICA
    (WESTERN CAPE HIGH COURT, CAPE TOWN)

    CASE NO: 3397/09

    Cape Town, 20 March 2009
    Before the Honorable Mr Acting Justice Joubert

    In the application of:

    THE CITY OF CAPE TOWN Applicant

    and

    THE PERSONS WHO ARE PRESENTLY UNLAWFULLY OCCUPYING ERF 508, PORTION 12, CAPE TOWN First Respondents

    ASHRAF CASSIEM Second Respondent

    1. The application is postponed for hearing in Fourth Division to 9 June 2009;
    2. Respondents are to file their answering affidavits by 8 May 2009;
    3. Applicant is to file its replying affidavit by 19 May 2009;
    4. Applicant is to file its Heads of Argument by 26 May 2009;
    5. Respondent is to file it Heads of Argument by 2 June 2009;
    6. The costs of today are to stand over for later determination.

    BY ORDER
    REGISTRAR
    Cliffe Dekker Hofmeyr Inc (A Adriaans)
    Tel 021-4816430

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    Isolezwe: Balale emnyango ababethenjiswe izindlu zomxhaso

    http://www.isolezwe.co.za/index.php?fArticleId=4897760

    Balale emnyango ababethenjiswe izindlu zomxhaso

    March 20, 2009 Edition 1

    BAWINILE NGCOBO

    KUXABENE ubendle ezindlini ezingamathini eziseRichmond Farm ngaseLindelani njengoba ngoLwesibili kube khona abantu abakhishwayo kulezi zindlu balala emnyango, kwafakwa abanye abakhishwe emijondolo eseSiyanda lapho kwakhiwa khona umgwaqo onguthelawayeka.

    NgoLwesibili abantu abese besele emijondolo yaseSiyanda bathuthelwe kulezi zindlu ukuze balindele ukungena izindlini zabo zomxhaso, kodwa bahlangabezana nembibizane ngesikhathi befika sekukhona asebehlala kuzo okungaziwa ukuthi bangena kanjani.

    Abanye balaba bantu bathi bakhokha imali engu-R3 000 komunye wabasebenzi bekomidi elinikezela ngalezi zindlu ukuze bathole okhiye, kodwa akekho onento ebhalwe phansi ekhombisa ukuthi bakhokha.

    Abanye bathi basuswa eSiyanda kwa-B ngoDisemba kwathiwa bazohlala kulezi zindlu izinyanga ezintathu bese bethuthelwa ezindlini zabo.

    Ingu-16 imindeni elale emnyango ngoLwesibili emuva kokuthi befice izimpahla zabo sezisemnyango, ngoba sekufakwe abanye abantu.

    UMnuz Molefe Manake (70), obebukeka esadidekile, uthe yena nomndeni wakhe balale emnyango kanti abazi nokuthi bazoshonaphi.

    UManaka uthe balethwa yimoto ebusuku ngonyaka odlule kule ndawo bakhokha nemali.

    UMnuz Joseph Chiliza uthe wakhokha u-R3 000 komunye amgagule ngegama nathe usebenza ehhovisi eligcina okhiye balezi zindlu.

    “Ngivula ngokhiye engawunikwa emuva kokuthi ngikhiphe imali. Okusho ukuthi sasidlala umuntu njengoba sesingondingasithebeni namhlanje,” kusho uChiliza.

    UNksz Thandeka Khathi uthe wasuswa eSiyanda kwa-B ngoDisemba kwathiwa bazoquba kule ndawo okwesikhashana.

    “Angikhokhanga mali ukuze ngingene kule ndlu. Ngilove ngisho emsebenzini ngoba ngoLwesibili ngafika izimpahla sezisemnyango sekufakwe abanye abantu,” kuchaza uNksz Khathi.

    UNksz Thembi Zungu ongeniswe endlini uthe balethwe kule ndawo ukuze bazolindela izindlu zabo.

    Lokhu kulandela ukuthi emasontweni amabili edlule iNkantolo eNkulu yaseThekwini ikhiphe isinqumo sokuthi Abahlali baseMjondolo baseSiyanda abethenjiswa izindlu kodwa bagcina bengazitholanga bafakwe ezindlini zamathini okwesikhashana bese benikwa izindlu zomxhaso kube kuqhubeka uphenyo lokuthi bangena kanjani abantu abangaziwa ezindlini okwakufanele bangene kuzo.

    Imizamo yokuthola okhulumela uMnyango wezeZindlu ngaphansi kukaMasipala weTheku, uMnuz Nigel Gumede, ayiphumelelanga.

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    AEC: Second Eviction Application for the Delft Symphony Way Residents

    Delft Anti-Eviction Campaign Press Release
    19 March, 2009

    We, the Delft Symphony Residents received an application of eviction from the City of Cape Town. We must appear in the High Court on the 20th of March of 2009 at 10h00. On the 9th of March of 2009 we went to advocates in town, Cliffe, Dekke, Hofmeyr, Number 11, Buitengracht Street, Cape Town, and to the Cape High Court to hand in our notice of intention to defend. We are disgusted that we are about to be evicted for the second time and political parties are trying to use us for their own good. The state and parastatals are playing games with our children’s future and our dignity as South African citizens.

    Down with the government and the party system. To hell with Helen Zille and her stooges. Because of this mayor we are being evicted for the second time. We will fight to the end and we will stick to our only hope, which is “No Land, No House, No Vote.” We will fight to the end. We are indigenous South African people. Our children and we have a right to a home.

    We will meet tomorrow morning, March 20, 2009, at 8h30 at the Gardens in downtown Cape Town and then proceed from there to the Cape Town High Court.

    We will show that we are people tomorrow morning. We are bringing our children and we are fighting for their future.

    Contact: Ashraf Cassiem 0761861408

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    State Criminality in Siyanda

    Siyanda Eviction to Richmond Farm: 26 Families Left Homeless, Housing Misallocation and Reports of Corruption Continue

    This is what development looks like from the inside…

    SIYANDA – 17 March 2009 – At 5am on a rainy Tuesday, 50 Siyanda families in Siyanda Section C began to dismantle their shacks in compliance with a negotiated relocation order to the Richmond Farm transit camp. The Department of Transport and the eThekwini Municipality had sought their eviction to make way for the new MR577 freeway. People had agreed to go to new houses in the Khalula Project but then their houses were sold off corruptly. They were then told to go to the Richmond Farm Transit Camp (government shacks) with no garuantees of when, if ever, they would get houses. They refused this and rebelled. Eventually they went to court and they won in court – they won an investigation into the corruption, that various measures would be put in place to ensure judicial oversight over conditions in the camp and that no one would spend more than one year there before being given a formal house

    Homeless

    The court order, issued by the Durban High Court last week, stated that all respondents in the case would be allocated transit camp structures. But 3 families cited in the case are now homeless. In South Africa it is a criminal offence to leave any person homeless in an eviction. In this case it is also contempt of court.

    The consultants overseeing the eviction – Linda Masinga & Associates, hired by the Department of Transport – told one respondent named in court documents that he had not been allocated a transit camp structure.

    The consultants said they could not locate his name on their list. They said they would consult another list on their laptop, sometime next week. Until then, the man and his family remain homeless.

    Another woman, also a respondent named in court documents, was denied occupancy in the camp: her surname was misspelled on the consultants’ list. She is also homeless.

    The fact that Abahlali baseMjondolo has made arrangements for all its members who were left homeless to be sheltered with other comrades does not detract from the fact that these people no longer have homes of their own. If this is development then it is just another name for a war on the poor. It is not just the court that is treated with contempt. People are treated with total contempt.

    Moreover 7 other families, not cited in the case, were also evicted from Siyanda Section C yesterday and left homeless. They were staying in backyard shacks with their relatives. In this case there is no contempt of court but these eviction are still illegal.

    A consultant for Linda Masinga & Associates on the scene of the eviction informed residents that they could not speak directly with her, that all communication must be between Abahlali’s attorney and the state attorney in writing.

    In addition to the 10 families that were formerly residing in Siyanda Section C and who have now been left homeless, 16 other families were forcibly evicted from the Richmond Farm transit camp in the last two days. They are not Abahlali members.

    On 16 March, while occupants of the transit camp were at work, police broke the locks of occupied transit camps, and removed people’s belongings from inside, without notice or court order. This was thereforee, an illegal eviction. Linda Masinga & Associates reportedly were on the scene.

    Police left occupants’ belongings outside, some items were broken, some items, were stolen including cash, food and clothes. One man who returned from work to find his transit camp structure emptied and the lock broken, lost his identity documents, his certificates and work documents, some which were thrown on the ground in mud and water.

    Some of the families left homeless from the Richmond Farm eviction are being accommodated by residents who have now been relocated to the transit camp from Siyanda Section C.

    One already cramped, two-room 30 square meter structure is currently housing 10 people, including young children. Is this Slum Clearance or this the creation of government slums? The answer is clear.

    Corruption

    Reports of bribery and misallocation are widespread in the Khalula Housing Project and the Richmond Farm transit camp.

    The Durban High Court ordered the municipality to immediately undertake an independent investigation into allegations of corruption in the Khalula Housing Project, which resulted in the misallocation of houses and landed Siyanda residents in temporary emergency shelter at Richmond Farm instead of the houses that they had been promised.

    Residents say a fieldworker for Linda Masinga & Associates, named Ntuthuko Zulu, sold not only Khulula houses, but also transit camp structures at Richmond Farm.

    One woman said she paid R7 000 for a transit camp structure. She was evicted yesterday.

    An old man paid a deposit of R3 500, and he was preparing to pay the remaining R6 500 in instalments to Zulu.

    Another elderly woman, in tears while speaking to SABC News, was crammed into a transit camp structure with evicted Siyanda residents. She said the same fieldworker told her she must pay R10 000 and move into a transit camp structure. She paid him the first instalment of R3000. She was evicted and left homeless on 17 March.

    Other families reportedly paid R5 500, others R3 500.

    The Durban High Court ordered the municipality to immediately investigate the corruption. As yet, no investigation has been launched. Abahlali remains concerned that an investigation be independent, for how can the same parties – the Municipality and the Housing Department – investigate their own corruption? We need an independent investigator who is not biased to Abahlali or to the Municipality. The Department of Transport said in front of the Magistrate that everything is in order. Clearly it is not.

    Transit Camp Conditions

    When the Siyanda residents arrived in the morning to the Richmond Farm transit camp, there had not been water since last Saturday. Empty buckets were lined up behind the taps, waiting for the water to be restored. Only at approximately 3pm was the water restored, as new residents sought water not only for drinking but also for cleaning in the rainy, muddy relocation. Now, as of today, there is no water at Richmond Farm transit camp.

    Outdoor communal toilets were blocked or broken. There is no electricity in the transit camp, but residents were assured in court that at the very least water and toilets would be available.

    As the court ordered the eviction to take place on a Tuesday adults could not go to work and children could not go to school.

    Bus fare in the transit camp is higher than in their previous homes in Siyanda. Residents have lived in Siyanda for upwards of 30 years. Some residents have moved from self built five roomed homes to tiny government shacks.

    Trucks were still moving residents in the dark, and without electricity. Some people would have to wait until the following day to fully move into the structures. The last families from Siyanda arrived just before 7pm.

    Statement on Corruption

    On 10 November 2008, the Siyanda community handed in a memorandum to Spokesperson for the MEC of Provincial Housing Lennox Mabaso, where many of the very same issues of misallocation were raised. The MEC never responded. The question is when is the municipality is going to investigate, after how many hundreds of millions of Rand have been spent?

    In Joe Slovo in Durban, Abahlali raised similar concerns over the misallocation of houses in 2005. The Department of Housing was aware of this, but did nothing. No investigation ever took place.

    The Department of Housing has been too tolerant of these criminal elements. We suspect that the Department of Housing has something do to with the corruption, and we suspect that officials are benefiting from it. What more evidence of misallocation is needed than bribery in the Khulula Housing Project and Richmond Farm?

    We want the Department of Housing to take responsibility. We are calling on the Provincial Department of Housing to answer to this.

    People are now homeless. We are challenging the MEC to say what has he done. What more evidence do they want? The people are in the tin houses as we speak, and they are prepared to take up the matter.

    No one should ever be forced into a government shack against their will. Abahlali did win major progress to get judicial oversight over the transit camp and to ensure that there would be garuantees about conditions there and about the maximim time that people would stay there before getting a house. But already the government is breaking the law. Already people have been left homeless. What is the point of winning victories in law when the government breaks the law? Will government officials and consultants be arrested for breaking the law, for contempt of court?

    But it has been very good that the story of this corruption has been all over the radio today. People in Siyanda started their struggle against corruption in 2006. They have organised many protests. Now, finally, this story has exploded. Now everyone knows about this crime against the poor. Now everybody in Durban is talking about this outrage. We have dragged these lies and this crime into the light. We will keep it there until there is justice in Siyanda. We will continue to fight for justice in Siyanda. We are growing in Siyanda and we will keep up the pressure – in the courts and on the streets. This story is not over.

    There are many Siyandas in Durban and in South Africa. We call on all organisations and movements of the poor to fight this corruption where ever they find it, and to keep on fighting it until they defeat it.

    Contact:

    Thembi: 074 3423607
    Mnikelo: 079 745 0653
    Mama Nxumalo: 076 333 9386

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • State Criminality in Siyanda, 17 March 2009
  • Pictures of the Siyanda Eviction to Richmond Farm Transit Camp on 17 March 2009 (under judicial oversight……)
  • Featured post

    Leader of Landless People’s Movement (LPM) Fears for her Life and Children: Calls for Solidarity and Advice from all Comrades

    12 March 2009

    Leader of Landless People’s Movement (LPM) Fears for her Life and Children: Calls for Solidarity and Advice from all Comrades

    Maureen Mnisi, with comrades Kajola Thebola, Lekhtho Mtetwa & Maas van Wyk – in Maureen’s home in the Protea South settlement, November 2008

    As a single mother of five and a prominent activist who has come under threat by the police, government and now even the middle-class in her own community, Maureen Msisi asks for solidarity and advice to give her more courage to push forward the struggle of the poor. This is not the first time that Maureen’s life and family has been in danger because of her campaigns for the interests of poor people. In 1995, Maureen formed the branch of the ANC in Protea South hoping it would bring about a change that would better our lives. But members of the local civic at the time felt that she was challenging their power and they responded violently by attacking her. She was shot in the back and stabbed 3 times with a machete, breaking her leg and scarring her neck and hand. Almost 15 years into our new democracy, she continues struggling for the same changes in the lives of her people in Protea South, but now under the banner of the LPM. Today, she fears that if she continues on with the struggle, her life and her children’s futures will be in danger.

    On the 1st March 2009, Maureen, and 7 others, were arrested and charged with public violence, assault GBH, intimidation, and unlawful gathering, and it will soon be made clear to the public that they are innocent of all charges. The LPM in Protea South views these arrests as a method by the local government councillor to suppress any activism that undermines the government’s plans to remove all informal settlements from Protea South to a far away place called Doorenkop.

    Now that Maureen and the seven other comrades are going to court on the 25th March, the people in the bond houses in Protea South, the middle-class, are taking an additional step to ensure that Maureen does not remain in her community. They are signing a petition to say that she must be removed because she is promoting violence, only represents foreigners, and is blocking development in the area. The petition will submitted on the 25th March at Protea Magistrate Court as a piece of evidence to ensure that she is proven guilty. It is believed that this will assist the middle-class bond house owners because the informal settlements will go away, the bond houses will remain, and their property values will go up. The people in the bond houses seem to think that if our leader no longer lives in Protea South, the demands of the people to remain there will disappear and that people will live peacefully in Protea South.

    But in reality, if Maureen is forced to leave Protea South, this will not stop the people from organising and fighting for their right to choose whether or not they want to stay or go to Doorenkop and it will not stop the government from neglecting other basic demands that are made by the poor in Protea South. If Maureen is forced to leave, the government, the police, and the community, including those who own bond houses, will be in danger because chaos and aggression will win our people over.

    The truth of the matter is that Maureen has been at the forefront of maintaining peace and stability at a time when Protea South has been bordering on the edge of war. Maureen was responsible for stopping community members from attacking each other and burning each other’s shacks after a conflict on the 1st March when Community Policing Forum (CPF) members started to sing with the local government councillor while the LPM community were reading their memorandum. She convinced the community members that fighting another poor person weakens the struggle and strengthens the government’s system. After this, members of the community left Protea South to destroy the transit shack camps across the road, which are intended to accommodate people before they move to houses in Doorenkop.

    When the local government councillor of Protea South learned about this, even she acknowledged Maureen’s power to maintain peace in her community when she called Maureen, who was in her home at the time and did not know about the incident, to stop this destruction.

    Yesterday we had an urgent executive LPM meeting in Protea South to address the petition that was being made by the people living in the bond houses. Some members suggested that we call a mass meeting in Protea South to explain the truth that lies behind the petition against Maureen. But Maureen felt that if we call a mass meeting, it will create further divisions and also a war between the informal settlement and bond houses of Protea South. While the people living in the bond houses want the informal settlement to be removed, those in the informal settlements have actually been living there since the 1980s.

    The people living in bond houses are now claiming the land as their own, based on the fact that they own property, when in fact we arrived here first. Like our current government, they have made it a matter of who has money and who doesn’t because the informal settlement, those who are poor and landless, are now being asked to leave. By claiming that Maureen only represents foreigners and is promoting violence, the owners of the bond houses hope to suppress our basic demands.

    To achieve our demands without spilling blood in Protea South, the LPM has begun to create a counter petition which depicts the truth. The truth is that since 1995, Maureen has risked her life, and even been attacked, in order to represent the interests of the people living in Protea South. She continues to do so up until today as she remains committed to her people’s futures, despite the threats that she, and her family, are faced with. Her commitments, both as an activist and as a single parent of 5, have placed her in a situation that puts great pressure on her as an individual, and it is taking all of her strength to keep her morale high. She is calling upon all comrades to display solidarity with her if possible and wants to know if there is some advice or assistance she can get from comrades to make her more encouraged in this tough time.

    Written by
    -Bongani Xezwi (071-043-2221), youth organiser of LPM Protea South Branch and eldest son of Maureen Msisi
    -With Luke Sinwell, Researcher and Activist, University of Johannesburg

    Words of advice or solidarity can be sent to: Maureen at: 082-337-4514
    Or emailed to: LSinwell@yahoo.com

    Featured post

    Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues

    Friday, 06 March 2009
    Abahlali baseMjondolo Press Statement

    Siyanda Win in Court
    The Struggle Against Corruption and Transit Camps Continues

      Waiting on the steps of the Durban High Court

    Today eight orders were granted in favour of Abahlali baseMjondolo in the Durban High Court. The orders that have been granted are a breakthrough. We can call this a landmark judgment because the orders provide for judicial oversight of the new and entirely notorious phenomenon of the transit camp – also known by the government as decant areas in Jo’burg, as temporary relocation areas in Cape Town and as amatins, blikkies and government shacks by the people. However while it is progress to get judicial oversight over the transit camps our aim is to eradicate them entirely. We will not claim victory until this has been achieved.

    The background to this matter is that residents of the Siyanda settlement had been told that they would have to be moved for the construction of a new free way. They were promised houses in the nearby Kalula development and they agreed to accept relocation on the basis of this promise. However the houses promised to them were corruptly allocated. Transport MEC Bheki Cele then sought the forced removal of the Siyanda shack dwellers to the nearby Richmond Farm transit camp. Residents were offered no guarantees about conditions in the transit camp, about the duration of their stay there or where, if anywhere, they would be sent next. They were also subject to ongoing and armed intimidation by the state.

    Transit camps often look like concentration camps with razor wire fencing, spot lights, single entrances and 24 hour police guards. Residents are often highly controlled in these places as if they were in prisons. In most cases these camps are far from the cities where people live, work and school. People are taken there against their will with no guarantees about the conditions there, how long they will have to be kept there and where, if anywhere, they will be taken next.

    Transit camps were a key colonial and apartheid tactic for regulating access to cities and criminalising the ordinary lives of poor people. It is an absolute disgrace that a democratically elected government has reintroduced this abomination in to our cities. Abahlali baseMjondolo, and all of our partners in the Poor People’s Alliance, will oppose these camps in every way that we can.

    The day before yesterday armed police arrived without warning at the (ANC affiliated) Palmiet settlement in Clare Estate, Durban, to try and intimidate residents into accepting forced removal from their shacks to the notorious Welbedacht transit camp in Chatsworth. Some accepted. Others rebelled and burnt a picture of their councillor, the notorious Jayraj Bachu on whom Abahlali baseMjondolo first marched in 2005.

    Our comrades in the Symphony Way occupation in Delft in Cape Town are currently resisting forced removal to the notorious Delft transit camp. Our comrades in the Protea South settlement in Jo’burg are also resisting forced removal to a transit camp – the transit camp near their settlement has stood empty for two years now. Everywhere this resistance is met with violence and intimidation from the state.

    The transit camps were re-introduced to our country with no discussion. Now the Slums Act, which we continue to oppose, will give legal sanction to this abomination.

    We wish to make it clear that neither we nor any of our comrades in the Poor People’s Alliance will ever accept transit camps. We will also continue to oppose corruption. Right now in Joe Slovo (Durban) people whose houses were corruptly allocated are also being told that they must go to transit camps. Transit camps can not become the easy way out for government when people complain that officials and councillors have corrupted people’s houses. People who have been promised houses must get houses. Corruption must halted and there must be justice for people who have lost their houses through corruption.

    The orders granted in court today mark important progress but there is still a long way to go. We always knew that we could not permanently stop the construction of the road and it will now resume. We have not been able to get the Siyanda families immediate access to their houses that were corruptly sold off.

    However we have won the following:

    • With in one year the Siyanda families that will be moved to the transit camp must be given permanent access to adequate decent formal housing.
    • There must be an immediate investigation into the corrupt allocation of houses in Siyanda and, where necessary, restitution made to the victims of this corruption. There will have to be a report back to the court on this in two months time.
    • Every three months there must be a report to the court on the conditions in the camp.
    • The Siyanda residents have the right to return to the court after two weeks if conditions in the camp are not adequate

    We will monitor the state’s compliance with the orders very closely. We will also insist that the state does not investigate its own corruption in Siyanda – the investigation must be independent.

    We have won major progress – there is now judicial oversight over the camps dealing with the conditions there, how long people will stay etc. There is now also judicial oversight over claims of corruption – claims the government usually just ignores. However we stress that no one is happy to be leaving their homes and no one is happy to be going to a transit camp – even if it is for a maximum of one year.

    The struggle to completely eradicate transit camps, as well as the Slums Act and all other attempts to criminalise the poor and to drive the poor out of the cities continues.

    We pass our gratitude to all the lawyers who worked on this case including Advocate Juliet Nicholson and the Legal Resource Centre. This was not an easy case but we won everything that we asked for from the court and we say well done to everyone. We also thank the abafundisi from the Rural Network, also partners with us in the Poor People’s Alliance, for the strong solidarity in the court and in the community.

    Despite all the challenges and hardships that we are facing the movement is growing. We will launch a new branch in Section B of Siyanda tomorrow.

    Ya Basta! Zindabad! Qina! Onward!

    For further information and comment please contact:

    S’bu Zikode: 083 547 0474
    Mashumi Figlan: 079 584 3995
    Zodwa Nsibande: 082 830 2707
    Mama Nxumalo: 076 333 9386

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
  • Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp, 7 February 2009
  • Abahlali baseMjondolo to Launch New Branch in Siyanda , 6 March 2009
  • At the Durban High Court for the Siyanda Case, 6 March 2009
  • Siyanda Win in Court: The Struggle Against Corruption and Transit Camps Continues, 6 March 2009
  • Court orders immediate probe – Progress for shack dwellers in housing row, Mercury, 9 March 2009
  • No temporary solution, The Weekender, 14 March 2009
  • Featured post

    No Room for the Poor in our Cities?

    The article by Ndivhuwo wa ha mbaya from the KZN Housing Department, to which this is a response, is here and there is a pdf of the published version of this article here.

    No Room for the Poor in our Cities?

    by Bishop Rubin Phillip

    Since the KwaZulu-Natal Slums Act was first mooted there has been tremendous concern about a piece of legislation that has been widely condemned as a return to apartheid legislation. This concern has been expressed by a large number of organisations and individuals beginning with the shack dweller’s movement Abahlali baseMjondolo and then including the churches and the Special Rapporteur on Adequate Housing at the United Nations.

    As Christians we believe that every person is created in the image of God and is loved by God. Our social policies and practices must strive to reflect that. No group of people are expendable or unworthy of care and consideration. We therefore take the view that it is essential that our cities be organised on the basis of care and support for the most vulnerable. Any approach to social problems that seeks to create the impression of progress by simply sweeping the oppressed out of the cities must be vigorously opposed. If this happens it will be our duty as church leaders to, once again, stand before the bulldozers.

    We are therefore very disturbed by the article from the Department of Housing’s head of media services that appeared in the Witness recently[1]. The article is written in praise of the KwaZulu-Natal ‘Slums Act'[2] and to celebrate the initial dismissal of a court challenge to the constitutionality of the Slums Act that was brought by Abahlali baseMjondolo. Abahlali have decided to take their challenge to the Constitutional Court itself, and we await the outcome of that process with considerable interest. In our view, Abahlali are clearly correct to challenge this odious piece of legislation. And, since the judgement against Abahlali is going to be reviewed, it seems inappropriate to say the least, for the Department to crow – let alone to ridicule and undermine the seriousness and integrity of its critics, and the justice of their cause.

    Our first serious briefing on this matter took the form of a report from an Abahlali task team on what was then just a Bill. All the members of that task team were shack-dwellers. They had studied the document with scrupulous care and had an obvious concern to understand properly the real meaning of the proposed legislation. Their report-back was very well balanced, taking time to highlight the positive statements and intentions in the Bill before pointing out the problems they foresaw with it. And when independent experts looked at it– lawyers, academics, housing specialists and human rights activists – they all confirmed that Abahlali were correct and that there are serious reasons to be highly alarmed by this legislation.

    By contrast, the Housing Department’s language displays a worrying arrogance, and indeed a contemptuous attitude to poor people and to shackdwellers. When elites talk about the poor they all too often reveal an underlying assumption that the poor are essentially stupid and invariably criminal. What else explains the Department’s opening comment that Abahlali’s court challenge was done “probably without proper analysis of the act”? What else explains the Department’s casual connection of the communities where shack-dwellers live with “havens for criminals”? As Christians we strive to always remember that Jesus Christ was a poor man, and affirm that whatever we do unto the least in our society we effectively do unto Jesus himself.

    However we live in a society where open contempt for the poor is rank. We live in a society where irresponsible spending on vanity projects, like stadia, often trumps the basic needs of ordinary people. Given how deeply ingrained these attitudes are it’s hardly surprising that what the Department (repeatedly) describes as its “consultative” approach, was in fact experienced by poor people as contemptuous and intimidatory. Until the rich and the powerful learn to be able to talk to the poor with respect it is surely inevitable that government policies and practices will be experienced as (and revealed to be) premised on a fundamental rejection of the poor. As religious leadership we must urge a completely different approach based on a completely new set of values. For Christians, we cannot avoid the clarity of Christ’s singular message: to bring “life in all its fullness”. This message simply cannot be reconciled with an approach to development that ultimately means bulldozers and prison for the poor.

    There is no doubt that we collectively face a massive challenge to make sure that everyone has decent housing. There is no doubt that the government has done well to build many houses over the years. But treating shack settlements as an abomination to be moved out-of-sight, and treating shack-dwellers and the poor as stupid and criminal, is wrong in principle and counter-productive in practice. The creativity, intelligence, and struggles of the poor are the greatest resource for overcoming the challenges put before us all. Indeed we need to recognise that shack settlements, imperfect as they are, have been an effective means of providing housing for the urban poor. Working with people in a respectful way should be the basis for a proper partnership that begins to change our cities to more just, equal and shared spaces where shalom reigns.

    And finally, if as the Department claims, “government at all levels understands the challenges of homeless people”, then why are they proposing to destroy people’s existing housing to address homelessness? Surely shackdwellers are correct to point out the need for better housing than the appalling conditions people are sometimes forced to endure in the shack settlements – but they are not homeless – not yet. God has promised us that there are many mansions in the Kingdom of heaven. It is our task to ensure that here on earth our cities are open and welcoming to all and that no one should fear that their fragile home will be bulldozed and that they will be banished to a transit camp far outside of the city where they work and their children attend school.

    Bishop Rubin Phillip

    Bishop of Natal

    Anglican Church of Southern Africa

    and

    Chairperson

    KwaZulu Natal Christian Council

    [1] “Working towards a slum-free SA”, Ndivhuwo wa ha mbaya , 24 Feb 2009, at: http://www.witness.co.za/index.php?showcontent&global[_id]=19991

    [2] the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act 2007

    Featured post

    8 Landless People’s Movement Comrades Under Arrest in Johannesburg

    Update:The LPM 8 were released on bail of R500 each at around noon on Tuesday, 3 March. One of the arrested was under 16 years old and had been held, against the law, with adult prisoners. The case has been remanded until 25 March. The Protea South Branch of the LPM would like to thank their pro bono laywer and all their comrades for their support. Maureen Mnisi can be contacted on 082 337 4514.

    LPM will also be in court for the Thembelihle case on 17 March and for the Rooikop case on 5 March – Click here for more details. Onward!.

    8 Landless People's Movement Comrades Under Arrest in Johannesburg

    On Sunday morning, Maureen Mnisi and others from the Landless People's Movement (LPM) gave a petition from the Protea South community to their ward councillor, regarding various issues on which they would like to have a report-back. While the community members were signing the attendance register at the community hall, Maureen returned to her home. After 1pm, the councillor phoned her, claiming that the community was busy burning down the transit camp. Maureen went straight there.

    When she arrived, there were lots of police at the transit camp (but nothing was burning), and people from the community were gathered on the other side of the road. Maureen asked people to go home. As she and others walked back, a hippo car started to shoot rubber bullets. Before she could reach her home, the police stopped their car and said they wanted to speak to her at the police station. She said she had nothing to tell them, as she was not involved in any dispute. They simply said she's arrested and took her and others to the police station.

    The arrested people are Maureen Mnisi, Maas van Wyk, Ivy Senona, Elsie Mkhuma, Shiella Mosenodi, Gasa Radebe, Micheal Dlamini, Chester Maluleke. The charge, as always, is public violence. They are still in custody. They have not yet appeared in court.

    In South Africa the police always arrest movement activists on this charge – mostly after they have just been attacked and beaten by the police. Hundreds of our comrades have been arrested on this charge over the years but we don't know of a single case where a person who has been arrested on a public violence charge has been brought to trial. They just use this charge as an excuse to arrest us, sometimes to assault and torture us while we are kept in their stations, to make us waste all the movements' money on bail, to then keep delaying the case all the time forcing us to pay lawyers and to miss work and come to court until the judges throw the cases out because the police bring no evidence to court.

    Elections are always a dangerous time for poor people's movements in South Africa. Our marches are banned, we are beaten, arrested, sometimes tortured and sometimes even murdered.

    Anti-Eviction Campaign Activists have already been beaten and arrested for taking a 'No land! No House! No Vote! position for the coming election.
    (See:

    LPM activists were tortured during the 2004 national government elections when they took a 'No Land! No Vote!' position.
    (See the Amnesty International 2005 report on South Africa at http://www.amnestyusa.org/annualreport.php?id=ar&yr=2005&c=ZAF)

    Abahlali baseMjondolo activists had their marches banned and were beaten and arrested in the 2006 local government elections for taking a 'No Land! No House! No Vote!' position.
    (See http://www.abahlali.org/?p=820)

    In the same local government elections some people in E-Section, Umlazi, decided to run an independent candidate. Three people were murdered.
    (See http://www.abahlali.org/?p=89)

    The newspapers and the NGOs usually say that we must celebrate our 'peaceful' and 'free and fair' elections. They might have been peaceful and free and fair for them. If we refuse to vote or try to vote for an independent candidate we face assault, arrest and sometimes even torture and murder at the hands of the police.

    There is no democracy for the poor in this country.

    LPM activist Thomas Maemganyi escaped arrest and can be contacted on: 072 613 2738

    Featured post

    Electricity Disconnected and Three Women Arrested in Arnett Drive

    Update: Click here to read Phili Mjoli's article in Izolezwe.

    Thursday, 19 February 2009
    Abahlali baseMjondolo Press Release

    Electricity Disconnected and Three Women Arrested in Arnett Drive

    Yesterday at around 10am ten cars of Sydenham SAPS and Securicor Security Guards came with their guns to the Arnett Drive settlement to disconnect electricity from 200 households. The private police came into Gertrude Cele’s house and said “Can you please turn on your radio.” She turned it on. Then, they said “The electricity is working so now we are arresting you”. She said “You can’t arrest me because I am just a visitor here, and I don’t know anything.” They said, “We found you in this house, so we are going to arrest you.” This is how the police and private security make it a criminal offence to be a poor person in South Africa.

    Gertrude Cele is 60 years old. She told them that she is sick and is taking some high blood pressure medication. The police said you will do that in the police station. While she was at the police station, she collapsed, went unconscious and when she woke up the police asked her, what is wrong? She told them that the high blood pressure is high now, and that she needed to take her medication. Then they said they were going to bring her back to the settlement, and that they would not arrest her. While she was at the Sydenham police station, they asked her if she could pay R500 bail. She said she does not have that money. They brought her back. The other two ladies remained in police custody. The names of the two ladies are Sisi Ndlovu, who is 18 years old, and Nozolile Khathi, who is 30 years old. Nozolile is also sick and was a visitor in the house where she was arrested. She was supposed to go to hospital today. When they told the policemen that she is sick and is supposed to go to the hospital, the police said, there are also hospitals at the police station, and then they took her.

    Yesterday the whole community mobilized and went to the Sydenham police station to demand their release, and they were told to come back today. They were denied the right to see to see them. While they were still at the Sydenham police station, Mr. Mtshali, who is the owner of the shack that Nozolile was at, said that at least they should arrest him instead of her, the police refused. They insisted that they were arresting the person they found inside the shack. When today they went back again and they were told they were at the Pinetown Magistrate Court. Today, they appeared at the Pinetown Magistrate Court. They were released on R500 bail. The case is adjourned until 2 April 2009 at the Pinetown Magistrate’s Court.

    The police and security officers first began disconnections at the road near a generator. They then proceeded to go house to house, arresting those who they could find inside. In some houses, they not only pulled out the electrical wires found inside, but also people’s possessions, breaking household items.

    While in custody, none of the three women – despite the fact that two were known to be ill by the arresting officers prior to arrival at the police station – were able to see a doctor. After being kept in jail overnight Nozolile was not able to see a doctor.

    At no point during the arrests were the women told what they were being officially charged with.

    Most of those at Arnett Drive during the police and security official raid were women.

    Three months ago the same security company came to the settlement to disconnect electricity, and they shot Thokozani Mkhotli through the thigh as he was coming from the toilets. Still, nothing has happened about that case. These are the same police who have often violently attacked Abahlali baseMjondolo marches and who have tortured our leaders.

    We need to emphasize that while the city is still denying shack-dwellers to electrify their shacks, community connections will continue because it is not us who needs electricity, but it is our lives that need electricity. We are tired of getting burned in the shacks. Therefore we will continue to connect ourselves to electricity for as long as the government refuses to allow us to have access to electricity. If they disconnect us we will reconnect the same day. If they arrest us we will all put money together so that the bail costs are shared. We will welcome our comrades home as heroes.

    Electricity is the answer while we are waiting for houses that we are being promised since 1994 and we are still living in shacks with no toilets, with no electricity, with one standpipe that caters to 600 families. These armed disconnections and arrests raise a question if this is the kind of democracy that we were all being promised when we were going to the voting station in 1994. Is this the better life for all that the ANC is always talking about in their manifestos?

    Viva Operation Khanyisa!

    Your Criminals Are Our Heroes!

    No Land! No House! No Electricity! No Vote!

    Contact

    Ntombifuthi – 0733279300
    Thobekile Magwaza – 0793345627
    Abahlali baseMjondolo Office – 0312691822

    Also see these previous entries on the Arnett Drive settlement:

    * Arnett Drive AGM, February 2009
    * Arnett Drive Resident Shot with Live Ammunition, December 2008
    * Arnett Drive Successfully Resists Evictions, January 2008 – August 2008
    * Arnett Drive Court Case August 2008
    * Arnett Drive Evictions, January 2008
    * Arnett Drive: Discussion About Forced Removals, August 2007

    And these entries on armed electricity disconnections (and consequent fires):

    * All Deserve to Have Electricity, by Mark Butler, December 2008
    * The Solution to Shack Fires is Electrification, Not More Training, by Richard Pithouse, August 2008
    * Armed De-Electrification in the Motala Heights Settlement, August 2008
    * eMagwaveni settlement in Tongaat is under violent police attack, May 2008
    * Kennedy Road shack fire, a double attack, by S'bu Zikode, February 2008
    * Shack Fires Are No Accident! Electrify the Settlements Now!, February 2008
    * Mass Disconnections from Electricity at Gun Point in the Kennedy Road Settlement, February 2008

    And Matt Birkinshaw's report on electricity and shack fires:

    * A Big Devil in the Jondolos: A report on shack fires, by Matt Birkinshaw, September 2008

    And, finally, Raúl Zibechi's The Militarization of the World's Urban Peripheries:

    * The Militarization of the World's Urban Peripheries, by Raúl Zibechi, February 2007

    Featured post

    AEC: Symphony Way residents commemorate 1 year on the road

    Delft Anti-Eviction Campaign Press Release
    19th of February 2009 – For Immediate Release

    Symphony Way residents commemorate 1 year on the road

    Today, the residents of Symphony Way will be commemorating last years evictions on the 19th of February 2008. We have now lived a full year on Symphony Way and have, in protest, blocked traffic on this major road the entire time. Residents have nowhere else to go and refused to go to Blikkiesdorp TRA which they see as a refugee camp. This may be the longest and most difficult protest undertaken by any community in the history of South Africa.

    The event will be both a time of mourning and protest as well as a celebration. We are protesting the fact that we still do not have land or houses and that the government continues to lie to us and oppress us. However, we are also celebrating the wonderful friendships we have made on the road. We have built a community here.

    We are a silver lining in the dark cloud that is this oppressive society we live in today. We are nurturing the culture of rebellion that saved us from Apartheid and this culture of rebellion provides with hope that change is both possible and necessary

    The agenda for today’s festivities are as follows (we are starting at 4am exactly when the police first began to evict us):
    4am-5am = Prayer
    5am-6am = Lighting of candles
    6am-8am = Actions
    10am-12pm = A slide show of the evictions and life on the road
    12pm-1pm = Time of discussion
    1pm-3pm = A participatory children’s play about the struggle on the road
    3pm-4pm = Further time of discussion with the children
    4pm-5pm = A community mass meeting to discuss the way forward

    No Land! No House! No Vote!

    For more information, contact:
    Mncedisi Plaatjies at 079 3051 066
    Kareemah Linneveldt at 078 4920 943
    Ashraf Cassiem at 076 1861 408

    Featured post

    Land owner attacks the Masikane family with poison

    16/02/2009

    Land owner attacks the Masikane family with poison

    In the late after of February 15, 2009 Ms. Joyce Fikile Masikane was alone at home when the owner of the land on which her family has been residing for generations attacked her. Mom Fikile as she is fondly known in her area was chased out of her home. Her family house was sprayed with some bluish powder which she and her neighbours suspects it was poison. This incidence happens two weeks after Mom Fikile’s daughter, Dudu and her cousin Zinhle were also attacked by the same land owner. The Masikane family called the police but they did not show up.

    After yesterday’s attack police were called but mom Fikile did not see police until this morning. They showed up after one of the local white farmers called the police station to report the same incidence that mom Fikile had called the police about. This local farmer also had to give shelter mom Fikile since she could not go home fearing for her life. When the police came this morning they discovered a cat belong to the Masikane family dead. It is suspected that the cat died as result of eating poisonous food. The police took the cat to Greytown SPCA for pathological tests in order to determine cause of death. The police have not opened a case yet and no pictures of bluish powder were taken.

    These attacks are occurring in spite of a court order issued by the Land Claims Court of South Africa on February 15, 2008. The court order was served to the land owner on February 21, 2008 at 18:06 and he signed the documents as proof of receiving it. The court order clearly states that the land owner, hereby referred to as respondent:

    “That the respondent be and are hereby interdicted and restrained from threatening, interfering, intimidating or otherwise communicating with the Applicant and her associates, save for through their legal representation”

    [CASE NUMBER: LCC19/2008; paragraph 3 on page 2]

    Since the issuing of the court order the land owner has on numerous occasions physically attacked the family or invaded their house, took pictures and verbally assaulted them. Each time he attacked them the family and sometimes with the help of the neighbours and relatives call the police but police intervention in terms of the protecting the rights of the family or ensuring their safety has been very minimum. The fact that the Masikane family has been going through these abuses for years and the police and justice systems seem to be failing to protect their rights as indigenous black South Africans in their ancestral homeland leaves much to be desired.

    The Masikane family and their neighbours will be meeting this afternoon to discuss this latest attack and to plan for court hearing to take place in the Pietermaritzburg High Court. Land Claims Court judge will be presiding over land dispute matter.

    For more information contact the following persons: Ms. Nobuhle/mom Fikile on 0721973881

    Featured post

    Landless People’s Movement v The City of Johannesburg

    Thursday, 12 February 2009
    Landless People’s Movement Press Statement

    Landless People’s Movement v The City of Johannesburg
    Jo’burg High Court, 10:00 Friday 13 February 2009

    Over the years we, the Protea South branch of the Landless People’s Movement, have marched many times and we have been arrested, beaten and tortured. Tomorrow will meet the City of Johannesburg in the High Court.

    Our demands to the court are the same demands that we have taken to the streets:

    1. The government shacks (i.e. the transit camp) must be immediately removed from our area. They are a deep insult to our human dignity.

    2. There must be an immediate halt to all threats of forced removal to the human dumping ground of Doornkop. We are all, documented and undocumented, citizens of Johannesburg and we will defend our right to this city.

    3. All basic services must be provided to our settlement. It is unacceptable for the government to declare our settlements to be ‘temporary’ and to then use that declaration as an excuse to withhold life saving basic services. We occupied this land and founded this settlement in 1985 – our community is not temporary. By refusing to provide basic services to shack settlements they are trying to turn our communities into slums so that they can then eradicate us from the cities.

    The struggle of the residents of Protea South against forced removal and against government shacks and for the participatory upgrading of our community where we have been living since 1985 is strongly supported by the Poor People’s Alliance which is an unfunded network of democratic poor people’s movements made up of the following organisations:

    Abahlali baseMjondolo (KwaZulu-Natal and Western Cape)
    Anti-Eviction Campaign (Western Cape)
    Landless People’s Movement (Gauteng)
    Rural Network (KwaZulu-Natal)

    From Joe Slovo in Cape Town, to Kennedy Road in Durban, Ash Road in Pietermaritzburg and Protea South in Johannesburg we have one message:

    Our settlements are communities to be supported, not slums to be eradicated.

    Down with forced removals to rural human dumping grounds.
    Down with government shacks.
    Down with the Slums Act.
    Down with the return to apartheid city planning.
    Down with Mike Mabuyakulu.
    Down with Lindiwe Sisulu.

    For further information and comment on this case please contact:

    Maureen Mnisi, Landless People’s Movement, Protea South: 082 337 4514
    Thomas Maemganyi, Landless People’s Movement, Protea South: 072 613 2738
    Moray Hawthorn, pro bono lawyer at Webber Wentzel: 083 266 1081

    For general comment on the return to apartheid city planning (forced removals, transit camps, the Slums Act, peripheral ghettoes, police attacks on shack dweller’s protests etc) contact:

    S’bu Zikode, Abahlali baseMjondolo: 083 547 0474
    Maureen Mnisi, Landless People’s Movement: 082 337 4514
    Rev. Mavuso, Rural Network: 072 279 2634
    Ashraf Casiem, Western Cape Anti-Eviction Campaign: 076 186 1408

    Featured post

    AEC members tear gassed, beaten and arrested; residents lay blame on ANC

    Gugulethu Anti-Eviction Campaign Press Statement
    Sunday 8 February, 2009

    Earlier today, Gugulethu SAPS burst into an Anti-Eviction Campaign mass meeting, tear-gassed and beat residents, and then arrested two AEC leaders, Mncedisi Twalo and Mbulelo Zuba.

    The background to the incident is that AEC members from Gugulethu, Nyanga, Langa and Mannenberg were holding their weekly meeting at the Gugulethu Sports Complex. The complex is a community centre and is the one place that is always open and accessible to community members. Every single Sunday at 14h00, AEC members hold mass meetings to discuss housing and other social-welfare related issues that are important to township residents.

    Today, there were about 1,000 people at the meeting to discuss community issues. This was also the final day of voter registration by the IEC. According to Nomthandazo Nciyabo, a local resident, the AEC held their meeting in one hall while the IEC held their registration drive in the other hall in the complex. However, local ANC councillor Belinda Landingwe, ANC Provincial Chairperson Mcebisi Skwatsha, and about 50 ANC members were present at the Independent Electoral Commission registration. Some residents claim that the reason the ANC bigwigs were present was not only to help register potential ANC supporters, but also to prevent non-ANC voters from registering. There seems to be teeth to the claim the the IEC is controlled by the ANC.

    Still, the AEC went about its mass meeting which had nothing to do with the presence of the IEC. However, at about 16h00, scores of police suddenly arrived and disrupted the AEC meeting. According to Nomthandazo, police attempted to lock residents inside the hall and then proceeded to spray tear gas at the hundreds of men, women and children who were present. Community members ran for their lives leaving behind purses, cell phones and even ID books which are now nowhere to be found. Many residents were beaten with police batons, including Nomthandazo’s 9 year old boy who now has a big lump on his back..

    Residents insist that they overheard Landingwe, the ANC councillor, calling the police. This, they explain, is the reason the police came to terrorise residents and immediately arrest AEC leaders Mncedisi Twalo and Mbulelo Zuba. According to Nomthandazo, they had severely beaten Mncedisi before arresting him and Mbulelo. This is not the first time local politicians have used the police to intimidate residents. In fact, it is widely known that Landingwe has a grudge against Mncedisi and other residents for their persistent activism.

    The Anti-Eviction Campaign has not heard from Mncedisi since his phone was confiscated at the Gugulethu police station. The families of both activists are extremely worried about their well-being but look forward to their court appearance tomorrow morning in Athlone to set the record straight. Residents will also be there to support their fellow comrades.

    For more information about the incident, contact Nomthandazo Nciyabo at 072-3272-813 (isiXhosa only) or contact Thelma Twalo (Mncedisi’s Aunt) at 021-6372-403.

    For comment on party politics, police repression and how it effects communities struggling for change, contact Ashraf Cassiem at 076-1861-408

    Update:

    Gugulethu AEC Press Update
    Monday 9 February, 2009 – For Immediate Release

    Today, Mncedisi Twalo and Mbulelo Zuba appeared in Athlone Magistrate Court on charges relating to obstructing IEC voter registration. They have now been released on 500 Rand bail and the case has been postponed until the 10th of March. They have told us that they spent almost 24 hours without food and water – Gugulethu police seemed to be punishing the two leaders.

    Unfortunately, we cannot quote the two activists due to the pending trial. However, as residents, we would like make clear the following facts:

    1. The AEC and the IEC in Gugulethu were and are on amicable terms. We had negotiated with the IEC on the shared use of the Sports Complex and everything was peaceful. IEC officials present at the complex will agree that residents did not obstruct any registration from taking place. To confirm this, contact Pule (number below) and he will connect you with an IEC official who was present the entire time.
    2. ANC provincial chairperson Mcebisi Skwatsha and councillor Belinda Landingwe called the police and told them to attack residents during their meetings. They also told police to arrest Mncedisi and Mbulelo.
    3. Police came and immediately attacked residents without warning. Thousands of residents were present, many were tear gassed, others were beaten (including a 9 year old child).
    4. Residents lost phones, IDs, purses and the AEC committee lost over 2,000 Rand which they had been collecting to buy T-shirts for residents. We think that the money and items became spoils of war divided among police officers.

    Residents are angry and claim that their right to freedom of expression, freedom to meet, and freedom not to vote, have been infringed upon. They feel intimidated by the ANC and the police and they demand an investigation take place as to the ANC’s illegal actions against non-ANC residents in Gugulethu.

    For more information, contact Pule at 073 6448 919 and Lenox at 073 4684 902.

    For legal comment, contact Ashraf at 076 1861 408.

    Featured post

    Once Again Our Children Are Being Evicted from Schools

    Abahlali baseMjondolo Press Release
    Friday, 6 February 2009

    Once Again Our Children Are Being Evicted from Schools

    Every child has a right to a decent education. Every child has a right to dignity in school. These principles are not negotiable.

    Abahlali baseMjondolo has a yearly calendar. The last struggle of the year is usually against evictions because Christmas is always the worst time for evictions. Every year the first struggle is to get our children into schools. Before the movement was formed each family waged this struggle alone. Since 2006 we have run an annual back to school campaign. We run workshops informing people of their rights, we provide parents with fee exemption forms and help them to complete the forms, and we negotiate with schools and school governing bodies. We have to confront all kinds of discrimination against poor people and we have to confront racism. The first challenge is to get our children into schools. The second challenge is to ensure that our children are treated with dignity once they are in the schools.

    There are laws and policies that are there to secure the right of all children to access schools and to be treated with dignity in schools. But, just as with the right to occupy land unlawfully without arbitrary evictions, and the right to march and speak freely against the government, these laws and policies are usually just ignored when it comes to the poor. Some principals – like some police officers, the land invasions unit, politicians and even some lawyers at the legal aid board seem to believe that the poor are beneath the law.

    The first problem at our schools is that poor people can’t afford to pay the fees or to buy uniforms and stationery. Some schools will not accept children without fees, money for text books, a full set of stationery and full school uniforms. Some schools demand that fees are paid for the whole year instead of by term.

    At the primary school in Motala Heights in Pinetown lots of children from the shacks have been turned away and the secretary won’t let their parents speak to the principal. When they asked to meet the principal security drove them away. The security often chase poor parents and African parents away. In Motala Heights the schools only go to grade ten and this year when the older kids went on the bus to the high school in Wyebank the people in Wyebank stoned the bus and pulled the driver out. The driver took the children to Wyebank and then brought them back. He was threatened not to return to the area with the children from Motala Heights.

    In KwaMashu the high school in Castle Hill refuses to take the children from the shacks. When the poor parents ask for fee exemption forms they are told to ‘top up’ the exemption with R300 a month. Here the issue is not race – it is just a question of class because every one is African.

    Shack dwellers in Joe Slovo (Durban) are facing the problem that the wealthy parents at Chatsworth High School have dominated all the meetings and so the issues of fees and safety are influenced by the rich parents. The same thing happens in Motala Heights. There the poor parents did attend the meetings of the School Governing Body but the principle looked so badly at the poor parents and always put them down. This is why the poor parents stopped attending the meetings.

    This issue of money has created conflict between communities and teachers. We recognise that the government is highly irresponsible and wastes hundreds of millions of rand on luxuries like stadiums but fails to give schools enough money to pay teacher’s salaries, buy chalk and books or pay water and electricity bills. We recognise that this is not the fault of teachers. Where ever possible we will work to unite communities and teachers and principals to work together to pressurise government to give enough money to schools.

    We know that teachers are under pressures in other kinds of ways. Sometimes teachers have to be security guards as well as teachers. We are happy to support the teachers with these kinds of problems so that they can focus on being teachers.

    However some teachers, secretaries and principals are exploiting the good will of communities to force the poor to pay what the government should be paying. It is easier to intimidate and bully a poor person than to stand up to the government. But this is not right.

    In some schools poor parents are forced to come in and clean the schools because they cannot afford school fees. In some schools the children are humiliated and punished because their parents cannot afford school fees. In many schools the end of year results are not released to families that have outstanding fees. This forces many families to use all their December money, often also borrowing, to pay their debts to the schools. They then have to spend Christmas with nothing.

    Children are often excluded from schools because their first language is not English.

    Some children don’t have parents and therefore don’t have documents. It often happens that even if we get a letter from social workers to say that they are undocumented orphans they are still not accepted.

    Some children don’t have documents because of the xenophobia of the Department of Home Affairs. They can also be refused access to schools.

    However the law clearly states that no child can be denied access to a school on the basis of race, class, or language. The law clearly states that it is the principal’s responsibility to facilitate access for every child. It is illegal for a principal to ask for a registration fee to secure a place for a child, to withhold results for fees, to humiliate or punish children whose parents have not paid fees or to make parents who cannot pay fees to clean the school.

    The law clearly states that orphans cannot be charged fees, that foster parents are exempt from paying fees, that everyone getting a grant or pension is exempt from paying, that schools must make provision for children whose parents can not afford stationery, and that schools cannot charge loan fees for text books.

    The law clearly states that parents who earn less than ten times the school fees for a year do not have to pay anything and that parents who earn between ten and thirty times the school feels for a year can get a partial fee exemption.

    In all the areas we are encouraging the poor parents and, where there is a problem of racism, the African parents to attend the school meetings. We recognise that parents are often afraid to attend meetings after being humiliated by secretaries and chased away by securities in the past. Therefore we work to build the courage of parents against hatred of the poor and hatred of Africans. We do this by showing parents that they are not alone and that together they can be strong.

    When the principals show this hatred we always start by trying to educate them about the laws and policies that protect the rights of the poor. We always start by trying to negotiate. But when principals refuse to obey the law and refuse to respect poor people and African people we will march on them and picket their schools. We will report their behaviour to the Department of Education and when necessary we will take them to court.

    In order to prepare ourselves so that we can lead our leaders we need to educate ourselves. We are fully aware that education does not stop at the school gate. We all need to keep learning all the time. This is why we always try to get our members into adult education programmes. This is why we always strongly support the Socialist Student’s Movement in their struggle for free university education.

    But we also need to learn independently of forms of education that are really teaching us to know our place in the world. As a movement that is moving out of the places in which the poor are supposed to be kept, and moving out of the order that the poor are supposed to obey, we have to think for ourselves. This is why we started our own library. This is why we started the University of Abahlali baseMjondolo where we have formal classes and graduations and where we also create places to think, together, about our lives and our struggle. Everyday we learn together through discussions about our struggles. Right now, as another school year starts, we are relearning the lesson that as the poor we are still foreigners in our own country. Just as we are driven out of the cities and into government shacks in rural human dumping grounds our children are driven out of the schools.

    As Abahlali baaseMjondolo we stand firm for the right of every child living in South Africa to access decent education without regard to the financial status, race, language or country of origin of their family. This principle is not negotiable.

    All parents who are having problems with accessing their schools, or with ensuring the dignity of their children in schools, or who need to get fee exemption forms or who need help in completing the fee exemption forms can contact:

    Abahlali baseMjondolo: 031 269 1822

    The Education Rights Project: 011 717 3355

    The Paulo Freire Institute: 033 260 6186

    For more information or comment on the ongoing and illegal evictions of poor children from government schools please contact:

    Ivor Baatjes, Paulo Freire Institute: 033 260 6186
    Shamita Naidoo, Chairperson of the Motala Heights Abahlali baseMjondolo branch: 078 224 5441
    Zodwa Nsibande Abahlali baseMjondolo General Secretary: 082 830 2707
    Mazwi Nzimande, President of the Abahlali baseMjondolo Youth League (and grade 12 learner): 074 222 8601
    Britt Sable, Paulo Freire Institute: 033 260 6186
    S’bu Zikode, Abahlali baseMjondolo President: 083 547 0474

    Featured post

    Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp

    Press Release from the Siyanda Abahlali baseMjondolo Branch
    Hand written on Friday 30 January
    Digitised late on Tuesday 3 February (due to no electricity in Kennedy Road)

    Durban High Court Delays Bheki Cele’s Attempt at Forced Removal from Siyanda to the Richmond Farm Transit Camp

    The judge has adjourned this matter to the 6th of March 2009. We, the remaining residents of the Siyanda shacks, welcome the outcome of today’s hearing.

    Everybody, rich or poor, has a life to live.

    The Department of Transport has continued to reject our request for a negotiated solution. They have continued to argue that our refusal to accept that the houses promised to us should be corrupted to other people is costing them hundreds of thousands of rand a day. They have continued to argue that our refusal to move to their government shacks, what the people call the amatins, (the Richmond Farm transit camp) is costing them hundreds of thousands of Rands a day. They have continued to say that the demolition of our homes and our forced removal to their government shacks is an urgent priority and that there can be no further delays.

    We continue to say that everybody, rich or poor, has a life to live.

    We continue to demand that we should be given the houses promised to us. We continue to say that if the Department of Transport continues to fail to give us what they have promised us then we should be allowed to remain in our homes. We only agreed to their demand to demolish our homes because they promised to replace our shacks with houses.

    Promises made must be promises kept.

    Transit camps are big tin cans and human beings are not fishes. No person should be put in the undignified accommodation of the transit camps.

    Everybody, rich or poor, has a life to live.

    We have been lied to and we have been robbed. We have been to meetings and been disrespected, we have marched and been beaten. Now we are going to the High Court. We strongly believe that, unlike Bheki Cele, Nandi Mandela or the police, the judge will recognise our humanity.

    We thank our lawyers again. In this system the poor cannot approach the courts without the solidarity of lawyers who work for God. In this system we always eventually run into tear gas and rubber bullets when we try to insist on our dignity outside of the court. The police are waiting at the end of every path. But everybody, rich or poor, has a life to live. Therefore we have to change this system so that everyone, rich and poor, has the same access to the courts. But, in the meantime, we thank our lawyers again.

    Contact:

    Zodwa Nsibande: 082 830 2707
    Mamu Nxumalo: 076 333 9386
    Buzani Cele: 073 471 2180

    Siyanda – Digital Archive

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, Izwe Labampofu, 14 January 2007
  • The Strong Poor and the Police, Izwe Labampofu, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News, 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Bebesho ukubakhipha ngodli ezindlini zomxhaso,Isolezwe 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
  • Abahlali baseMjondolo answering affidavit, 22nd January 2009
  • CALS Statement on Forced Removal of Siyanda Residents to Transit Camps, 23 January 2009
  • Mercury Op-Ed: ‘Forced Removals’, by Kerry Chance, Marie Huchzermeyer and Mark Hunter 29 January 2009
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    Amandla is Still Awethu – Statement on the Slums Act Judgment

    ABAHLALI BASEMJONDOLO MOVEMENT
    MEDIA STATEMENT FOR IMMEDIATE RELEASE

    Durban High Court, 27 January 2009
    Case no. 1874/08 Abahlali baseMjondolo Movement SA.

    Abahlali baseMjondolo have been to the Durban High Court this morning to hear the judgment being handed dawn by the KwaZulu-Natal President, Judge Vuka Shabalala. On the 6 November 2008 the Movement had applied to the Durban High Court for the KwaZulu- Natal Elimination and Prevention of Re-Emergence of Slums Act 2007 to be declared unconstitutional. Full details of the Act, and the reasons for our opposition to it, and can be found on the Movement’s website at http://abahlali.org/node/1629/

    The Judge President had decided that the judgment would be handed down today at 9:30 am; however the judge did not come himself and sent another judge to give his judgment.

    The judge has dismissed the Movement’s Application arguing that:

    “The province of KwaZulu-Natal must be applauded for attempting to deal with the problem of slums and slum conditions. This is the first province to have adopted legislation such as the Slums Act. The Slums Act makes things more orderly in this province and the Act must be given a chance to show off its potential to help deal with problem of slums and slum conditions. This Court can not strike the Act down before it has even being (sic) properly implemented.”

    Our view is that shack settlements are communities to be developed and not slums to be eradicated. Our view is that the Slums Act is a clear return to colonial and apartheid style attempts to turn poverty into a security problem instead of a question of justice. Our view is that this Act is a clear attack on the poor and on our right to access the cities. Our view is that this Act is an attempt to develop the country in the interests of the rich by banishing the poor from the cities instead of doing the right thing which is to democratize the cities.

    We are not alone in our views.

    Our comrades in the Poor People’s Alliance have expressed their deep concern about this Act. The United Nations have expressed their concern about this Act. The international human rights organizations have expressed their concern about this Act. Progressive NGOs and academics have expressed their concern about this Act.

    When we first decided to oppose this Act in the courts we were well aware that his matter would be resolved in the Constitutional Court. Our approach to the Durban High Court was just the first step in the journey to the Constitutional Court. We respect the judicial process and have already instructed our lawyers to prepare our appeal of this judgment. We are ready to take the next step on our journey to the Constitutional Court.

    However we do fear that those in government who seek to complete the removal of the poor from the cities, those who wish to sentence us to the prisons known as ‘transit camps’, will take this judgment as a greenlight for massive evictions – like those planned for Joe Slovo in Cape Town which are currently being contested in the Constitutional Court, and the smaller and better hidden evictions, like those in Siyanda here in Durban, that will now be contested in the Durban High Court on Friday.

    The Movement still believes that Amandla is still Awethu and that there is no one that can take that away from us. We will continue to protest against the government’s ongoing attacks on the poor, against evictions called ‘delivery’, against government shacks called ‘transit camps’, against rural human dumping grounds called ‘housing opportunities’, against the failure to provide services to settlements resulting in fires, endless water queues, sickness and attacks in dark nights. We will continue to encourage discussion of these issues at all levels of our society. We will continue to form alliances to take our struggle on these issues forward.

    Now that this judgment is out we can take the next step in the journey to the Constitutional Court. We are confident that the Constitutional Court will protect the rights of shack dwellers, rural and farm dwellers and the poor in general. We are confident that the Constitutional Court will give us a judgment prepared with elegance and grace.

    We thank the Centre for Applied Legal Studies and all those who have supported us in the struggle against the Slums Act for their living solidarity.

    It is the Movement’s mandate to fight for the right to the cities. This is why we exist. The order that we are living under does not accept our humanity. it does not accept our precence in the cities. It does not accept our presence in discussions about the future of the country or even in discussions about our own future. Therefore we are determined to create a new order from below. We realize that this makes us out of this order. We accepted that long ago when we determined to be out of any order that excludes us from discussions about our future and evicts us from the cities. Aluta continua.

    Contact people:

    S’bu. Zikode – 083 547 0474
    Zodwa Nsibande – 082 830 2707
    Louise Motha – 078 072 0499
    Bongo Dlamini -074 875 6264

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    CALS: Statement on Forced Removal of Siyanda Residents to Transit Camps

    Johannesburg, 23 January 2009

    FORCED REMOVAL OF SIYANDA RESIDENTS TO TRANSIT CAMPS

    CALS condemns the current government policy of using transit camps as alternative accommodation for forcibly removed shackdwellers

    The Centre for Applied Legal Studies (CALS) is disturbed at a growing trend in South African cities in terms of which the state forcibly removes shackdwellers from large shacks on well-located land to ‘temporal housing’ in transit camps (also known as ‘temporary relocation areas’ or TRAs) on the urban periphery. Relocation to transit camps is most often done to make way for infrastructure and development projects which will not benefit those being removed.

    On 27 January 2009 in the Durban High Court, 50 families supported by the Abahlali baseMjondolo Movement will be contesting their forced removal by the KwaZulu-Natal MEC for Transport from Siyanda in KwaMashu, to transit camps in order to make way for the construction of the new MR577 freeway. Initially, these families were promised formal houses in the new Khulula Housing Project if they voluntarily relocated; however, due to corruption in the housing allocation process, there are no longer houses available to them and they are being forced into transit camps. Many shacks in Siyanda have five rooms, with plots where people grow food, keep chickens and run various types of small businesses. Moving to a one-roomed structure in a crowded transit camp would be disastrous for these households, and would merely serve to exacerbate their poverty.

    In October 2008, the Centre on Housing Rights and Evictions (COHRE) wrote a letter to eThekwini Mayor, Cllr Obed Mlaba, urging local officials to immediately halt all forced evictions of shackdwellers within its jurisdiction, and to ensure that all Siyanda residents affected by the new freeway are provided with housing, as promised, in the Khulula Housing Project, as well as to investigate the contested allocation of these houses to residents from outside Siyanda. CALS believes that the affected Siyanda community had a legitimate expectation of being re-accommodated in formal housing, as promised to them, and the state now seeking their relocation to transit camps indefinitely is in direct frustration of that expectation. Withdrawing its promise, without substantively good reasons, is unreasonable and therefore unconstitutional.

    Transit camps consist of small, closely-packed prefabricated or zinc structures akin to shacks, often located in areas lacking social infrastructure and amenities or economic opportunities. People are often forced to move with no proper consultation or engagement on their permanent housing options and no timelines of when and where permanent formal housing will be made available to them. The temporal shacks thus often become permanent housing. Crime, emotional and financial stress, depression and domestic abuse often increase as families face social dislocation and the disruption of social networks, as well as the loss of the albeit fragile livelihood opportunities that they enjoyed in their previous communities. Women tend to suffer disproportionately.

    An amicus curiae submission made by COHRE and the Community Law Centre (CLC) in the evictions case of 20 000 Joe Slovo informal settlement residents, heard in the Constitutional Court in August 2008, focused on the socio-economic implications of their forced eviction to Delft TRAs, as well as if the TRAs constituted adequate housing. In their submissions they argued that relocating Joe Slovo residents to the Delft TRAs would leave them in a worse socio-economic position and would offer them no real security of tenure. COHRE and CLC further argued that the Delft TRAs cannot be regarded as adequate housing within the meaning of section 26 of the Constitution and that relocating the applicants to Delft TRAs would not constitute a reasonable measure within the meaning of section 26 of the Constitution, nor would it constitute the progressive realisation of the right of access to adequate housing. Judgment in this case is still pending.

    Research conducted in 2007 by local NGO the Development Action Group (DAG) in Delft TRAs, showed that overcrowding was an issue and that many families were unhappy with the size and composition of their structure. Common complaints included the fact that TRA structures are made of cheap material that is easily damaged; that they are very cold during winter and extremely hot in summer; that they can be easily broken into; that they are not soundproof and very closely packed together, making privacy impossible; and that they are a health hazard. People complained that the ablution facilities were sub-standard and that the communal toilets, taps and showers were not being properly maintained and were often unusable. A large number of households had made significant improvements to their temporary structures, suggesting that they expected to live in the TRAs for an extended period of time. Indeed, the Tsunami TRA in which this research was conducted, has evolved into a semi-permanent settlement, with some families living there for over three years. It is worrying that households are forced to invest money into these temporary structures, when they have no individual title or security of tenure.

    Furthermore, transit camps actually cost the state a large amount of money to erect, with private contractors benefiting and with very little benefit being derived from those forced to live in them. It is money that could be better spent in other ways, for example on in situ informal settlement upgrading.

    In terms of the landmark Grootboom judgment, the state has a constitutional obligation to make “short, medium and long term” plans for housing needs. Providing temporary housing, which is clearly a stop-gap, without any undertakings or guarantees relating to what will happen to re-accommodate people after their temporary stay – and when that will happen – clearly does not comply with this requirement.

    Therefore, CALS urges government departments at all levels to recognise that moving people from large, well-located shacks in established communities, to one-roomed government shacks on the outskirts of cities where their already fragile socio-economic existence is threatened, is not development and does not constitute adequate alternative accommodation or the progressive realisation of the right of access to adequate housing as envisioned in the Constitution.

    Government must refrain from this practice unless as a last resort and provided there is consent from those affected, clear timelines on how long people will have to remain in temporary accommodation, and information on when and where permanent formal housing will be made available to them.

    For more information on Siyanda, visit the Abahlali baseMjondolo website at
    http://abahlali.org/taxonomy/term/904

    Or contact Kate Tissington (CALS) on 0722209125 or kate.tissington@wits.ac.za

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    AEC: Evictions in Gugs: Party politics, 2010 and Robin Hood of the Rich

    http://antieviction.org.za/2009/01/21/evictions-in-gugs-party-politics-2010-and-robin-hood-of-the-rich/

    To follow the internal links in this article visit the AEC site.

    Gugulethu Anti-Eviction Campaign Press Release
    21 January, 2009

    Gugulethu – Mr. Gquma, a poor resident, gets evicted and threatened by ANCYL to make way for a local businessman’s new tourist empire.

    Robin Hood is an archetypal figure in English folklore where he is known for robbing the rich to give to the poor and fighting against injustice and tyranny. Here in Gugulethu, there is also a Robin Hood and he even fights for a redistribution of wealth.

    This man is named Mzoli Ngcawuzele and his band of thieves are the local ANCYL and former MK members. He is the owner of the (im)famous Mzoli’s Butchery – playground of tourists, MPs and the township elite. But he has not stopped there, through a local ANC councillor, he has organised the sale of 34,000 sq meters of community land for only R11.70 to Khula Business and now has a 9% share in the resulting new mall being developed. But despite the millions he is already making through his corrupt business practices, Mzoli is set on acquiring even more property in the township.

    According to local residents, he is attempting to secretly and unjustly buy over 20 houses in Gugulethu, the majority of them being on NY1 (the main road which the City has now earmarked as a 2010 tourist hub). As one local resident puts its, “Mzoli is using his fortune as a platform to evict the poor from Gugulethu” – which is exactly what happened today.

    Early this morning, Robert Thamie “Baba” Ntshobane, the former body guard of Tony Yengeni, arrived with various members of the local ANCYL, the sheriff and the Gugulethu SAPS to violently and illegally evict local resident Mncedi Wiseman Gquma from his home. As with other properties on NY1, Mzoli is using ANC connections such as “Baba” to strong-arm his way into ownership of the homes.

    The reason this eviction was illegal is that (like most attempted evictions in Gugs) it was done without a valid court order. The court order that was used is over a year old and was done without proof that Baba even owned the house. But, it seems that even the Wynberg Magistrates and the Sheriffs of the Court doe not even know their own laws: Section 8 of the PIE Act makes evictions without a valid court order a criminal offence. Additionally, as the law states, one has to give the resident a letter stating that you want them to leave. This must happen before you go to the court to get an eviction order. You have to give at least two weeks notice before going to court, and the notice must say on what date the court hearing will take place and where it will take place. You also have to give a copy of this notice to the local authority. None of these actions took place and the court order was clearly old and invalid as it was dated February 2008.

    Gquma, who bought the house for 68,000 Rand has been paying off his 20 year bond for 14 years now. When he was illegally retrenched from SAB, he began to default on payments. However, while he attempted to negotiate with FNB on the 24,000 he still owed, the bank refused. FNB, seeing it could make a substantial profit, turned around and sold the house for over 200,000 Rand. When you are poor, you have no rights and wealthy individuals, banks and Robin Hoods of the Rich can manipulate your situation at any time to make a profit.

    As all of Mr Gquma’s belongings were thrown onto the street, Baba and his friends hurled insults at Gquma and other residents who were supporting him. According to Theodora Mboniswa, “Baba said that he is the ANC and he is going to call his people in the Youth League, Fikile Mbalula, and MKs and no one is going to touch the house or enter because he’s got a lot of people for backup”. Theodora is also facing illegal eviction from her house. The AEC put her back into her house on NY1 earlier last year.

    Mr Gquma also claims he was threatened and said “they have got guns now. They are here to shoot to kill. He claims to be ANC top brass and he is calling youth league and MKs to guard the house.” But Gquma vows not to give up – mainly because he has no family in Gugulethu and nowhere else to go. Indeed, while he will be accommodated by a sympathetic neighbour, his furniture, clothes and everything else he owns will be left in front of his house. He’s afraid it might rain or thieves will come take everything he owns. Tomorrow, he’ll go and apply for a Spoliation Order to reverse his illegal eviction.

    And so, the struggle continues. The struggle against party thugs and party politics Robin Hood of the Rich will continue to redistribute wealth upwards. But the poor people of Gugulethu, with the Anti-Eviction Campaign as their tool, will continue to confront this band of thieves head on.

    For more info, please call Mncedisi at 078-580-8646
    For comment, call Mncedi Wiseman Gquma at 076-338-9080

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    The Dlamini King Brothers Release their Début Album Hlis’uMoya

    Tuesday, 20 January 2009
    Abahlali baseMjondolo Press Release

    The Dlamini King Brothers Release their Début Album Hlis’uMoya

    The Dlamini King Brothers, an isicathamiya choir with 12 members all of whom live in the Kennedy Road settlement, have released their début album Hlis’uMoya. The choir was formed in 1999 and over the last few years has become an important part of the cultural life of Abahlali baseMjondolo.

    On 27 September last year the Dlamini King Brothers beat 108 other isicathimyia choirs to win the 11th Annual Isicathamiya Competition held at the Playhouse Theatre in Durban. This is the biggest and most important isicathamiya competition in South Africa.

    After winning this competition the Dlamini King Brothers were able to record their first album. The album is called Hlis’uMoya which means that the spirit of God must come down.

    The Dlamini King Brothers were inspired to create an album in which some songs fall under Christianity and some under what is happening in the community, the land and the world because people are killing each other and killing each other’s spirits. AIDS is also killing people and people’s spirits are being vandalized by rape. The Dlamini King Brothers say that the poor have to survive under the conditions where the government ignores the people who live in shacks. Yet we are human like everyone.

    People are created by God and in the image of God and yet they feel so unstable. The Christian songs on Hlis’uMoya request the spirit of God to come down to the people to encourage and strengthen them. The political songs encourage people to climb the mountain.

    The Dlamini King Brothers say that the biggest mistake was made when it was decided to establish what is known as money. Money is what has made people to turn on each other. We have to defeat the power of money and see that each person is made in the image of God. People can find spiritual strength in God, their culture and their movements.

    They also say that Abahlali baseMjondolo encourages and strengthens the people and so their music also tries to encourage and strengthen Abahlali baseMjondolo. They say that what they are today is because of Abahlali baseMjondolo. In the song called ‘Abahlali’ they call for a partnership between the government and Abahlali baseMjondolo that can affirm the dignity of the poor and create justice for the poor. They have also written a song about S’bu Zikode because he has had the courage to handle all the situations troubling the community and he has the respect and love of the people. This song is called Thole Lesilo.

    The Dlamini King Brothers were formed in 1999 in Kennedy Road. The members of the choir come from Bizana in the Eastern Cape and Post Shepstone in KwaZulu-Natal. They are working in various aspects of the construction industry including laying down tarmac, installing granite tops in kitchens, landscaping, plumbing and working on the new airport.

    Over the years they have participated in numerous competitions and performed at many events and in many communities including their home towns of Bizana and Port Shepstone.

    The Dlamini King Brothers are passionate about isicathamiya and say that it is the music of gentlemen, the people who behave themselves and do not want to do wrong to other people. It is music that encourages spiritual strength and dignity in a world of suffering and it has a very strong and clear message. It can deal with all the issues facing the community and although it requires years of regular practice for a choir to become respected it costs not one even cent because no instruments are required. They say it is a non-perishable music that is just running through their veins.

    The Dlamini King Brothers would like to thank the Kennedy Road, Bizana and Post Shepstone communities and all the members of Abahlali baseMjondolo for their support, including spiritual support which has been very much encourageous.

    They would like to say that they are always willing to travel to perform but that they often find that the cost of transport to places like Cape Town and Johannesburg is a problem.

    They want to say that the souls of the members of the choir that have passed away must rest in peace and that their spirit is always with the choir all the time.

    To buy a copy of the album at R70 or to book the choir for a performance please contact the Abahlali baseMjondolo office in the Kennedy Road settlement. For comment on the choir and their debut album contact the choir leader Tomorrow Mkhethelwa on 082 4342949.

    Songs from Hlis’uMoya

    Click here to listen to the song Abahlali.

    Click here to listen to the song Thole Lesilo.

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    AEC: City attempting to evict Mitchell’s Plain traders

    http://antieviction.org.za/2009/01/18/city-attempting-to-evict-mitchells-plain-traders/

    Anti-Eviction Campaign Press Release
    Monday 19 January, 2009 – For Immediate Release

    The City of Cape Town has been attempting to evict traders and hawkers from Town Centre in Mitchell’s Plain for years. The City refuses to consult with the actual traders and but instead deals with an undemocratic front organisation called the Mitchell’s Plain United Hawkers Forum that tows the City’s line on every issue. A few months ago, the City passed a new by-law which allowed for the eviction of hawkers and traders from Town Centre which is seen as a blight on the ‘real businesses’ such as Shoprite, Pick n’ Pay and other big business chains.

    The Mitchell’s Plain Concerned Hawkers and Traders (MPCHT), a democratic association of hawkers in the area representing over 800 traders, have been attempting to oppose their eviction but have been ignored and sometimes even lectured by City officials. The following letter is an appeal by the organisation to Li Pernegger of Neighbourhood Development Programme Unit of the National Treasury to investigate how the 300 million rand allocated to upgrade the Town Centre was used without consultation and to the detriment of traders and hawkers in the area.

    For comment, please call Mrs Mieshka Cassiem at 073 128 6657

    Sea a previous press release on 27 July, 2008. See also this Voice of the Cape article.

    For more research, see the City Council meeting minutes in which the City votes against the concerns of the traders citing that the undemocratic Umbrella Structure had already been consulted. See also the map on page 20 which shows how extensive the prohibition of informal trading is intended to be. It is essentially evicting all informal traders from the entire CBD area of Mitchell’s Plain if they cannot afford an expensive trading bay permit.

    ————————————————

    Good day Mr Pernegger,

    I refer to my fax that was sent to your office on January 2009. Mr M. Hendricks from the City has contacted me and had a brief discussion regarding the Mitchell’s Plain Town centre CBD, however he has not answered our questions. It was very unprofessional from a city official to call me up and explain a few things “telephonically”. In the same time he advised me to take legal action. Officials and politicians must realise that they are playing with our livelihood which is so selfish. “If” this process goes ahead the rich will get richer and the poor will stay poorer. This is a very, very serious issue.

    We as traders are South African citizens as well and has the full right to a full breakdown of the R 304 000 000. 00, which was requested to upgrade the Mitchell’s plain Town Centre.

    We request the following:

    1. A full break down of how this funds was used.
    2. Which companies received the contract from the City
    3. Was it properly advertised in the media.
    4. Are there still funds left.
    5. Which city officials signatures are on receipts.(Mr M Hendricks was very dubious)
    6. Which officials works with each other on this project.

    Mr Hendricks could not answer me, but explained that he administer the funds. We request the above by no later than the 24 January 2009.

    Mr Malcolm Fritz of the city Ombudman’s office has our complain as well. This problem has been going on for years where officials are dealing with and unconstitutional body, which is the umbrella body (Mitchells Plain United Hawkers Forum), but on councils report 1 May 2008 council accepts The Mitchell’s Plain Traders Association to manage the Town Centre, which are the same people on the umbrella body, now according to the memorandum of agreement (31-10-1996) council clearly states that the agreement is valid for six months only, which means this is nul and void. I often ask myself who is fooling who. I have proof of all these documents. Council officials are well aware of this but conveniently throws a blind eye to all this. We had a meeting with Mr Paul Williamson, Mr Allistair Graham and Mr Waleed George with our attorney Mr I Higgins and Mrs L Swartz regarding the objections on 16 September 2008 and our objections was not resolved. Officials lied in their report to council stating that it was resolved. I am in possession of an affidavid from our attorney, kindly advised if this should be faxed to your office.

    We have lodge a complain with Mr Grant Pascoe as well on 25 November 2008 promising us that he would gladly assist us but on 3 December 2008 on full council meeting all the Democratic Alliance officials voted against the traders. Do the officials realise how many of us will be unemployed? We call on National Government to intervene in this matter.

    The town centre is surrounded by a sub-economic area, where most of our people don’t even have decent home or a proper meal to eat on a daily basis, but funds was requested to upgrade the town centre. Why wasn’t these funds use to give better homes to the people of Mitchell’s Plain, but to upgrade a shopping centre for the private investors to invest in “OUR” township. Many years ago our parents was thrown out of District Six, now that we have sustained ourselves over the years, government comes again and want to remove the traders against there “will” from their current trading bays, this is going to lead to bloodshed. We call upon all “HONEST” officials to come out to us as the traders and hear what we as traders have to say. Officials are public servants and there salaries gets generated from the rate payers monies and we form part of the rate payers. We do not want Mr Waleed George of Golden Rewards, he clearly states that he has embarked on a full and extensive public participation with the traders, this is a blatant lie. How can this process go forward with all this corruption. I thought corruption lies only in National Government? Makes us wonder what’s happening in the City which is govern by the Democratic Alliance Party. If this process was followed correctly we would not go this far as to make everyone aware what is taking place in Mitchell’s Plain.

    As the public we request a full investigation into this matter.

    Kind regards,

    Mrs M Cassiem
    Vice Chairlady
    MP-CHATA
    CONCERNED HAWKERS AND TRADERS
    Tel: 073 128 6657

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at: www.antieviction.org.za
    -~———-~—-~—-~—-~——~—-~——~–~—

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    COHRE Letter to S’bu Ndebele on eMacambini

    16 January 2009

    Mr Sibusiso Ndebele
    KwaZulu-Natal Premier
    Premier’s Office
    Provincial Government of KwaZulu-Natal
    PO Box 412
    Pietermaritzburg 3200

    Re: Forced eviction of 10 000 families from eMacambini for AmaZulu World

    Dear Premier Ndebele,

    The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and Observer Status with the African Commission on Human and Peoples’ Rights. COHRE works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

    COHRE is deeply concerned about the threatened forced eviction of up to 10 000 families of the Macambini community from their communal land in rural KwaZulu-Natal, to make way for AmaZulu World, a multi-billion Rand project proposed by Dubai-based property development group Ruwaad Holdings. The Provincial Government of KwaZulu-Natal and King Goodwill Zwelithini (trustee of the Ingonyama Trust Board that administers the Macambini communal land) have endorsed this project. In May 2008, the KwaZulu-Natal Premier signed a memorandum of understanding with Ruwaad Holdings, and in October 2008, attended the Dubai Cityscape 2008 real estate exhibition together with King Goodwill Zwelithini for the official unveiling of the project.

    COHRE has learned that the proposed AmaZulu World entertainment and mixed-use development will include an internationally branded theme park, hotels, shopping malls, residential complexes, golf courses and a giant statue of King Shaka, and is boasted as being the largest construction project ever to be undertaken in Africa. While plans to expropriate 16 500 hectares of land from the Macambini community appear to be underway, the Province has taken insufficient steps to engage in meaningful consultation with the affected community and obtain their written consent as required by law.

    On 26 November 2008, over 5 000 members of the community marched in protest against the project, requesting in their memorandum that the Premier immediately withdraw from the project and respond to their grievances by 3 December. When the Premier failed to respond and acknowledge their grievances, members of the community set up road blockades along the N2 freeway on 4 December, in an attempt to draw attention to their imminent eviction. COHRE is deeply disturbed to hear that members of the South African Police Service (SAPS) responded with systemic violence against what was meant to be peaceful and nonviolent action, designed only to draw attention to the community’s plight. Approximately 30 people, mostly women, were shot with rubber bullets during and after the blockade. One woman remains in critical condition in hospital after being shot in the face at close range by an SAPS officer. Furthermore police officers reportedly went on a rampage attacking even those who were not involved in the road blockade and were in fact inside their homes along the N2 freeway. COHRE is also aware that ten people, including two school-age children, were arrested for ‘public violence’ and allegedly beaten systematically by police while being transported to holding cells. The violent repression by SAPS officers of legitimate protest and the violent attack on community members not involved in the protest are unjustifiable.

    According to the eMacambini Anti-Removal Committee, formed in response to the threatened removal, the massive AmaZulu World project will entail the forced relocation of approximately 50 000 people from over 16 500 hectares of their communal land, with those who qualify for housing subsidies receiving government houses in a 500 hectare township near Mandeni. Those who do not qualify will presumably be rendered homeless. More than 300 churches as well as 29 schools and three clinics will also be demolished to make way for the theme park and other ‘attractions’. A large percentage of the Macambini community earn their living from the land or the ocean – growing sugar cane, vegetables and fruit; raising livestock; and fishing. Those residents who work at schools, clinics and at various other community facilities will also lose their jobs and their livelihoods. Reportedly, no plans have been made to economically rehabilitate those affected by the loss of their sources of livelihood. Many within the community have ancestors buried on the land. Demolishing and relocating an entire established community, as planned, would be economically, socially and culturally disastrous for its residents.

    The eMacambini communal land is held in trust by the Ingonyama Trust Board, which is a land rights board as outlined in the Communal Land Rights Act No. 11 of 2004 and the KwaZulu-Natal Ingonyama Trust Act No. 3 of 1994. Section 2(b)(2) of the latter amended Act states that “the Trust shall, in a manner not inconsistent with the provisions of this Act, be administered for the benefit, material welfare and social well-being of the members of the tribes and communities…” Furthermore, section 2(e)(5) states that “the Ingonyama shall, as trustee, not encumber, pledge, lease, alienate or otherwise dispose of any of the said land or any interest or real right in the land, unless he has obtained the prior written consent of the traditional authority of the tribe or community authority concerned…” Thus, the communal land on which the Macambini community live and work, held in trust by the Ingonyama Trust Board (with King Goodwill Zwelithini as ‘Ingonyama’ or sole trustee), should be administered for the benefit, material welfare and social well-being of the community, and any decision to dispose of the land requires the written consent of the community authority concerned. These legislative imperatives have not been complied with in regard to the official endorsement of the AmaZulu World project by King Goodwill Zwelithini – an endorsement that has been given without the consent of the community living on the land who now face an uncertain and precarious future if the project goes ahead.

    Section 28(1) of the Communal Land Rights Act states that a land rights board “must, in the prescribed manner and in respect of any matter contemplated by or incidental to this Act – (a) advise the Minister and advise and assist a community generally and in particular with regard to matters concerning sustainable land ownership and use, the development of land and the provision of access to land on an equitable basis; (b) liaise with all spheres of government, civil institutions and other institutions; and (c) monitor compliance with the Constitution and this Act” [emphasis added]. Section 25(5) of the Bill of Rights in the Constitution of South Africa requires that “The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.” Furthermore, section 26 of the Bill of Rights states that “(1) everyone has the right to have access to adequate housing; (2) the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right; and (3) no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”

    COHRE is deeply concerned that if the AmaZulu World project were to proceed, and 10 000 families forcibly removed from their land, the above constitutional imperatives would be violated.

    COHRE would like to point out that the eMacambini Anti-Removal Committee has repeatedly asserted that it is not anti-development, but is opposed to projects that will lead to a violation of their basic human rights. In fact, the Macambini community, through their traditional leader Inkosi Khayelihle Mathaba, had advocated for an alternative development project, which envisages a ‘sports city’ being developed on 500 hectares of the communal land, and would not result in any eviction or relocation. COHRE is disturbed to hear that the KwaZulu-Natal Premier is currently suing Mathaba for defamation over statements he allegedly made during a meeting where the project was discussed. Based on reports by members of the Macambini community, COHRE understands that the action against Mathaba is another attempt by the state to silence dissent.

    COHRE respectfully reminds the Government of South Africa that according to Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), as it is interpreted in General Comment No 7 of 1997, for forced evictions or relocations to be considered as lawful, they may only occur in very exceptional circumstances and all feasible alternatives must be explored. If and only if such exceptional circumstances exist and there are no feasible alternatives, can evictions be deemed justified. Regardless of whether the evictions are justified, affected persons must have access to appropriate procedural protection and due process must follow. Although the Government of South Africa is not a party to the ICESCR, they have signed the Covenant and are bound in terms of the Vienna Convention on the Law of Treaties not to act contrary to its object and purpose.

    Further, the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement, which address human rights implications of development-linked evictions and related displacement in urban and rural areas, require that States must ensure that evictions only occur in exceptional circumstances, and must give priority to exploring strategies that minimise displacement. Section 32 states that “comprehensive and holistic impact assessments should be carried out prior to the initiation of any project that could result in development-based eviction and displacement, with a view to securing fully the human rights of all potentially affected persons, groups and communities, including their protection against forced evictions. ‘Eviction-impact’ assessment should also include exploration of alternatives and strategies for minimizing harm.” Moreover, section 37 states that urban or rural planning and development processes should involve all those likely to be affected, with section 38 requiring that “all potentially affected groups and persons, including women, indigenous peoples and persons with disabilities, as well as others working on behalf of the affected, have the right to relevant information, full consultation and participation throughout the entire process, and to propose alternatives that authorities should duly consider.”

    It is clear that many of the above provisions have not been met, and the fact that the KwaZulu-Natal Premier and Director-General, as well as King Goodwill Zwelithini, have openly endorsed the AmaZulu World project without the community’s support and participation is deeply disturbing. Thus, COHRE urges the Premier to immediately:

    * issue a statement announcing the withdrawal of his endorsement of Ruwaad Holdings’ AmaZulu World project and halt all plans to expropriate land held by the Macambini community;
    * begin a new process of engagement and meaningful consultation with the Macambini community and all relevant stakeholders around a mutually beneficial development project for the eMacambini area that is compliant with domestic and international human rights law;
    * initiate an inquiry into the violence unleashed by members of the SAPS against peaceful protestors on 4 December 2008;
    * provide immediate medical relief and compensation for injuries and damage to property caused by members of the SAPS;
    * withdraw the defamation lawsuit against Inkosi Khayelihle Mathaba.

    We look forward to your response and to an ongoing dialogue with the KwaZulu-Natal Province on the rights of its people to be consulted on issues around the development of their land, and on the myriad problems associated with mass forced relocations. Thank you for your time and consideration.

    Sincerely,

    Salih Booker
    Executive Director

    cc.

    Dr Kwazi Mbanjwa
    KwaZulu-Natal Provincial Director-General

    His Majesty Goodwill Zwelithini kaBhekizulu

    The Honourable Lindiwe Sisulu
    Minster of Housing

    The Honourable Lulama Xingwana
    Minister of Agriculture and Land Affairs

    Raquel Rolnik
    UN Special Rapporteur on Adequate Housing

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    City Vision: Family left homeless

    http://www.news24.com/Regional_Papers/Components/Category_Article_Text_Template/0,,433_2453575~E,00.html

    15/01/2009 11:14 AM – (SA)
    Family left homeless
    LINDA KABENI

    A WORRIED family in Guguletu has received an eviction order after a family member allegedly sold their house.

    Bongani Goniwe said the eviction order that took them by surprise was received on the 25 of November last year. Goniwe said they did not know what to do as they were still pondering the next step.

    “In our understanding even though the house is in her name according to the “will” she still can’t sell the house because we regard council houses especially in the townships as family houses,” he said. On 30 of November the sheriff of the court came to evict them, but with the help of the Anti-Eviction Campaign and Abahlali, their possessions were recollected back to the house. Another rebellious move took its toll, when a group of people who claimed to be sent by the bank to fix the damaged electricity were then chased away.

    A visibly distraught 82-year-old Nomalungelo Goniwe said, “This child selling this house has no heart.There is no one who is working in this house. Where does she expect us to go?” she asked.

    Goniwe added that their late grandmother who passed away a long time ago, had made a clear instruction that the house was for all the family members and it was not to be sold. “We are now shocked by this decision of our relative to sell this house,” he said looking very disturbed. Spokeperson for the Anti-Eviction Campaign Mncedisi Twalo said, “We are backing up this family. This is sad to see such old people who have spent almost their entire lives in this house are now losing it because of some greedy person.

    “We want to put it on record that they are not going anywhere. We are going to fight for this family until they get back their house. We have already put them in and we will make sure that no-one chases them away.” he said. He added: “We need more houses. Not more destitute people. Where does this person expect these people to live?” Twalo asked.

    “Anti-Eviction’s record speaks for itself.

    “Last year alone we helped about 146 people from eviction out of 150.We appeal to people that if they are experiencing problems of this nature to come forward as we will take on their cause.”

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    SACSIS: The Right to the City

    http://www.sacsis.org.za/site/article/217.1

    The Right to the City

    by Richard Pithouse

    Governments around the world tend to force poor people off well located and therefore valuable urban land and into peripheral ghettoes. From New Orleans to Bombay and Johannesburg the story is the same.

    One motivation for this is to transfer valuable land from the poor to the rich to create a subsidy for elite development at the direct expense of the poor. A useful secondary consequence of this for many governments is that people living outside of state control can be forced to pay for housing and services in the peripheral relocation developments. Another common motivation for forcing the poor off well located urban land is to fragment and weaken popular movements by dispersing the classes that are potentially dangerous to elite interests into fragmented ghettos. Here people are isolated from each other, kept at a safe distance from the spaces of elite power and often housed in developments under strict state management. In many countries government housing projects have the feel of a carceral space and are closely monitored by the police, various kinds of government officials and local party structures.

    When governments have much more power than the people they rule the expulsion of the poor from the cities is, as in Zimbabwe, often unlawful and violent. When governments face some sort of popular counter-power, as in some cities in Brazil, the preferred tactic is to displace the poor more gradually by bringing their housing into the market. Once housing is brought into the market poor people living on well located land are inevitably displaced by the rich without the state having to send in the men with guns.

    In South Africa, we all know that the regulation of space was central to apartheid. Certain places were reserved for certain kinds of people. This was part of the strategy for creating different kinds of people and it was enforced by a dedicated bureaucracy backed up by armed force. What is less well remembered is that the forced removals that created apartheid cities were often justified by the state in the name of ‘hygiene’, ‘development’ and ‘eradicating slums’. It is also important to remember that apartheid spatial division was undone to a significant extent before the end of apartheid by the actions of ordinary people. Sometimes people had organised themselves politically to claim and hold land in or close to the cities and sometimes people were just trying to make their own individual way in the world. But in both cases apartheid was being undone from below.

    In post-apartheid South Africa racism is proscribed and everyone enjoys freedom of movement in principle. But in practice the post-apartheid state has pursued a development agenda that is both elite and authoritarian with the result that violent forced removals have returned with a vengeance. The state’s developmental agenda is an elite driven agenda because it is organised around the assumption that allowing the rich to become richer at the direct expense of the poor is ultimately in the interests of society as a whole. This is the assumption that lay behind the attempt to evict the poor from flats in inner city Johannesburg and attempts to evict shack dwellers from well located land in places like Joe Slovo in Cape Town, Lusaka in Durban and Makause in Johannesburg. This is the assumption that lies behind the Slums Act in KwaZulu-Natal, an act that is a full fledged assault on the right of poor people to hold urban land appropriated in the popular struggles against apartheid.

    The state’s developmental agenda is authoritarian because there is very seldom anything remotely approaching open and honest discussion with poor communities before development projects are imposed on them. In many cases forced removals are carried out in violation of the law and with considerable state violence.

    The return to forced removals in post-apartheid South Africa has often been obscured in the elite public sphere, including much of civil society, by the preponderance of an overwhelmingly technocratic concept of development. This technocratic approach tends to assume that development is something that can be measured by an auditing firm when in fact it is something that should be negotiated between communities and the state. So the crisis of the post-apartheid city is reduced to a housing crisis and a service delivery crisis with the result that it is assumed that progress can be measured by counting the ‘delivery’ of ‘housing units’ and ‘service connections’ to ‘beneficiaries.

    But the fact is that while the ‘delivery’ of a government house can sometimes be a major step forward for the ‘beneficiary’ at other times it can be a disaster. If a person in a well located shack is moved to a house far out of the city and away from work, schools and friends and family she may experience this as a major and sometimes even catastrophic set back.

    The idea of ‘The Right to the City’ is a useful concept that can help us to think outside of the technocratic logic of ‘delivery’. It is an idea that emerged from popular struggles in France in the late 1960s and has since been taken up with particular vigour and effectiveness by popular movements in South America.

    The essential idea is that cities are places of opportunity and possibility which shape us and are shaped by us. The idea of the right to the city asserts a collective right to the city. This means that everyone has the right to live in the city, to access the city and to change the city. The right of everyone to an urban life means that the social value of land has to be prioritised over its commercial value if this right is to be realised for the poor. The right of women to be safe in the city, the right for safe, convenient and affordable transport, the right to public space with public toilets, drinking fountains and benches, the right to pursue a livelihood in the city and so on all need to be similarly protected. The right to shape the city means that ordinary people have the right to organise and to challenge the power that state and capital exercise over the development of cities.

    The idea of the right to the city is a vision that replaces the always exclusionary and always brutal vision of the world class city competing with others to attract capital with a democratic vision of the city that fully belongs to all who live in it. It is an idea that could enrich our public conversation considerably.

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    eMasangweni Community Still Awaits Justice for 2006 Farm Killing

    PRESS RELEASE FROM eMASANGWENI COMMUNITY
    9 January 2009

    eMasangweni Community Still Awaits Justice for 2006 Farm Killing

    In 2006, two school boys from eMasangweni were killed at an area farm by two employees of Farm Watch. Five boys were crossing a sugarcane field on the afternoon of June 17. After being spotted in the field they were chased by Farm Watch; and after surrendering to the guards, two boys were fatally shot. Thembinkosi Mpanza, age 19, was shot in the head and died instantly. Vukani Shange, age 15, died a few months later from gunshot wounds to his abdomen.

    The Farm Watch employees were only in jail for four days and each man was released on R100 bail. There have been countless and needless delays in the court case. It is only after two and one half years that the trial will begin. The trial will start this Tuesday morning 13 January, 2009 at the Eshowe magistrate’s court.

    The pain of losing these two children has been made worse by a justice system that has no interest in the feelings of the eMasangweni community. Community members have had to struggle with the police and the courts as they have tried to make their voices heard as witnesses and as concerned South African citizens.

    The community hopes that the trial will finally start this Tuesday and that the court will respect their feelings in this case. The community plans to be a visible and vocal presence at the court, along with the support of concerned organizations including the Church Land Programme(CLP), Rural Network (RN) and the KwaZulu Regional Christian Council (KRCC).

    For more information please contact Nelly Nxumalo at 073-7265-431

    PRESS RELEASE FROM eMASANGWENI COMMUNITY

    9 January 2009

    Umphakathi waseMasangweni udinwe ugane unwabu ulindele ubulungiswa mayelana nokubulawa epulazini ngo-2006

    Ngonyaka ka 2006 abafana besikole ababili babulawa amaFarm Watch epulazini eliseduze naseMasangweni. Abafana abahlanu babeqa emobeni mhlaka 17 June 2006 ntambama, babonwa onogada bama Farm Watch. Labonogada babe sebelalela unyendle abafana. Ngokuphazima kweso badubula, babulala uThembinkosi Mpanza owaneminyaka eyi 19 weminyaka bamdubula ekhanda washonela khona lapho, uVukani Shange owayeneminyaka eyi 15 yena bamphuthumisa esibhedlela esiseduze wahlinzwa kwatholakala izitho zakhe zangaphakathi isibindi, izinso kanye nenyongo sezonakele ngenxa yokulinyazwa kabi. Wagcina ngokushona emva kwezinyanga ezimbalwa ngenxa yokudutshulwa esiswini.

    Abaulali baboshwa izinsuku ezine kuphela, bakhishwa ngebheyili ka R100 umuntu emunye. Lilokhu lihlehla icala njengamanje lizoba mhlaka 13 January ngoLwesibili oluzayo ekuseni enkantolo yaseShowe.

    Ubuhlungu esabuzwa siwumphakathi waseMasangweni sithukuthele ngoba ubulungiswa abenziwa. Sekuphele iminyaka emibili nohhafu sihlale sifika ngobuningi bethu enkantolo kanye nofakazi becala. Siyathemba lizophela ubulungiswa benziwe begwetshwe ababulali. Sithanda ukubonga abasiphelezelayo ngenxoso yokuzwelana nathi, izinhlangano ezinjengo Church Land Programme (CLP), Rural Network (RN) kanye ne kwaZulu Regional Christian Council (KRCC) nalabo abalwela amalungelo abantu emaplazini.

    Eningaxhumana naye-uNelly Nxumalo 073-7265-431.

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    Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January

    Monday, 12 January 2009
    Siyanda Abahlali baseMjondolo Press Release

    Bheki Cele Seeks the Forced Eviction of 50 Families
    – Agreement on Negotiations
    – Court Battle Set Down for 27th January 2009


    Report back from court at Siyanda shack settlement, noon, 9 January 2009

    On 19 December 2008 Bheki Cele, MEC for Transport in KwaZulu-Natal, had the sheriff serve an application to evict 50 families from the Siyanda shack settlement, which lies between Newlands East and KwaMashu. Abahlali baseMjondolo is the 51st respondent to the application. The court date was set down for Friday 9 January 2009. Abahlali baseMjondolo attended court and was represented, pro bono, by Advocate Juliet Nicholson. Advocate Nicholson was briefed by Elco Geldenhuis from Shanta Reddy Attorneys.

    The movement secured an adjournment untill 27 January and, most importantly, an agreement that the legal teams for both sides, representatives from the Provincial Department of Transport, the eThekwini Municipality, the Abahlali baseMjondolo Secretariat and the Siyanda Abahlali baseMjondolo branch will meet before Friday 16 January to try and negotiate a settlement. As the Siyanda Abahlali baseMjondolo branch we have never had a chance to put our views on this matter to the Province and we have never been listened to. We welcome the chance to meet and engage with the Department of Transport so that we can discuss these issues.

    Background

    On 6 December the 50 families received an eviction notice from the state attorney, acting for Bheki Cele, demanding that we leave our homes and accept relocation to the so called “transit camp” at Richmond Farm on 9 December. We were given no guarantees as to how long we were expected to live in the “transit camp” or where, if anywhere, we would be moved on from the there. We were given no answers to our questions. But we do know that when our comrades in the Jadhu Place settlement asked the same questions they were told that they shouldn’t worry because “transit camps will last 30 years”. This answer makes us to worry very much. We did not spend Christmas well.

    All but 2 of the families resolved to resist the forced removal and this was communicated to Bheki Cele via the state attorney. We gave clear reasons for our refusal to accept the forced removal and we requested mediation but said that if the Department of Transport continued to refuse to negotiate with us then we would continue our struggle in and out of the court.

    The key reasons why we refused to accept the forced removal were and are as follows:

    1. So called “transit camps” (known by the people as as amatins or government shacks) are not an acceptable form of alternative accommodation to our shacks. In the amatins there is only one small room per family whereas now some of us have 5 roomed shacks. Also, we have not been given any guarantee as to how long we must stay in the amatins and where, if anywhere, we will be made to go next.
    2. All the residents had been promised houses in the Khalula housing project in Siyanda but the houses built for the 50 families have been corruptly sold off to outsiders. We never applied for government houses. We were living in our shacks with written proof of tenure security. We were offered government houses as a compensation for the demolition of our shacks to build a freeway. We agreed to move only because we were promised the houses. A promise of a house can not now be suddenly changed to forced removal to the amatins.
    3. Our houses have been corrupted. The houses that were promised to us and then built for us were corruptly sold to outsiders. The people who bought our houses corruptly were brought here in trucks and they were protected by private security – even the ward councillor was threatened by the private security. Duke Ngcobo from the eThewkini Municipality organised the trucks and the private security. Ntuthuko Zulu, the community liaison officer at Linda Masinga and Associates was the one giving out the keys. Linda Masinga was taking her mandate from Duke Ngcobo at the Municipality. We are very surprised and disappointed that Linda Masinga and Associates have allowed this corruption. We are very surprised that they have never been called to answer for this corruption. Why are those criminals so respected and protected? Why are we not respected and protected?
    4. There has not been proper consultation with the community. We agreed to accept relocation to the houses in the Khalula Project. The issue of the amatins was never discussed with us. We were only told that we must go the amatins when we complained that our houses had been corruptly sold to other people. For this reason we reject the whole argument by the MEC’s legal team that the ‘transit camp’ is adequate alternative accommodation. In terms of the right to consultation it is irrelevant whether or not the amatins are good for people or not. The fact is that we were promised 4 roomed houses in the Khalula Project. The promise made to us must be kept.

    Full details of the reasons for our refusal to accept the forced removals are available on the Abahlali baseMjondolo website at http://abahlali.org/node/4642 and http://abahlali.org/node/4649.

    On 11 December the police arrived in Siyanda. They were armed with batons and pistols and went door-to-door with a representative from Linda Masinga & Associates. With bulldozers and transport trucks standing by, the evictors asked each family if they would be willing to be relocated to the so called “transit camp”. They knew that the families had all been promised a 4 room house in the Khalula housing project and not a one room government shack in a so called ‘transit camp’. The MEC had already been informed that only two families would accept the relocation and that is what happened – all but 2 families refused the forced removal. The rest of us stayed in our shacks despite all the intimidation.

    On 19 December the remaining families were served with an application for a court order for our eviction. The papers are straight forwardly dishonest. Nandi Mandela, a director at Linda Masinga and Associates, claims that Abahlali baseMjondolo threatened the lives of the eviction team on 11 December. She gives no details – she just makes an empty lie. We did no such thing. Nandi Mandela drove past in a police car on that day. She did not even get out of the car. She probably thinks that we are short minded and violent because that is what most rich people, including many who say that they are on the side of the poor, think about shack dwellers. Or maybe she is one of those many rich people who think that it is automatically criminal for the poor to think and speak for ourselves. Either way she is lying to the judge in the papers.

    Way Forward

    We will not accept that the promise of a house has now been downgraded to a room in a tiny government shack with no guarantees of how long we will have to live there or where we will be taken next. We will not accept that the government will vandalise our dignity and our humanity and just move us around the city without discussing our future with us in an open, honest and respectful manner.

    We will do our best to make the negotiations work. But if they fail we will continue our struggle.

    Abahlali baseMjondolo has been to court to stop evictions quite some few times now. The movement has never lost a case. But in all those cases private landlords or the eThekwini Municipality were trying to evict our members without an order of the court. Because the landlords and the Municipality were acting illegally and criminally it was easy to get interdicts from the court preventing the evictions. But the last time that the Municipality tried to evict any of our members was in January 2008.

    This case is more complicated because Bheki Cele is, after we refused his first attempt at intimidation, trying to evict the Siyanda residents legally by asking the court to order our eviction. However if the negotiations fail we are confident that we have a good case.

    It is true that our living politics and our demand for the dignity of every person are too big to fit into the law and human rights. They go far beyond the protections offered by the law and human rights. But the protections of the law and human rights have kept us safe when the state has come for our members with guns and dogs and teargas to destroy our homes, force us out of the city, stop our protests and try and break the spirits of our leaders. Without that protection we would spend our lives running and have no time to think. Over the last four years we have learnt a lot about the law.

    The law clearly states that people cannot be evicted if adequate alternative accommodation is not provided. It is clear to everyone that the amatins are not adequate alternative accommodation. They might be ok for chickens but not for human beings. Yes it is true that some people, even in some of the settlements affiliated to our movement like Foreman Road and Jadhu Place, chose to accept the amatins because they believed it when they were told that the amatins are a step on the road to houses. But even the people who accepted them for this reason are clear that it is worse to live in the amatins than in the shacks that the people build themselves. The international human rights organisations agree that the amatins are unacceptable. The Centre on Housing Rights & Evictions in Geneva recently wrote a letter to Mayor Obed Mlaba about Siyanda. They said that they “condemn the existence of so-called ‘transit camps’, which are found to be highly inadequate and serve to destroy the already fragile socio-economic fabric of people’s lives.” The Constitutional Court is currently considering the adequacy of the so called “transit camps” in relation to Lindiwe Sisulu’s attempt to forcibly remove people from the Joe Slovo shack settlement near the Cape Town airport to the “transit camps” in the notorious human dumping ground of Delft. We will ask the judge to rule that forced removal to ‘transit camps’ is unacceptable.

    The law is also clear that the government has a duty to consult with people. We have been lied to, tricked, intimidated and treated with complete contempt. This is not adequate consultation. We will ask the judge to rule that a neutral mediator must be appointed to facilitate open and honest negotiations between Bheki Cele and the Siyanda residents.

    Everyone knows that corruption of the sort that has happened in Siyanda is criminal. In this case the corruption is not political – it is just about money. We believe that the corruption stated with Ntuthuko Zulu from Linda Masinga & Associates. Linda Masinga has admitted to us that there were corrupt allocations but she has not done anything about it. We do not believe that Ntuthuko Zulu could make this corruption on his own. It is clear that this has been an organised crime. We will ask the judge to rule that there must be a commission of inquiry into the blatant corruption in Siyanda. This investigation must include Linda Masinga & Associates.

    We are calling on the government to take us seriously as positive citizens. They must never again send heavily armed police when we want to talk to them. This must stop. From now on they must accept that we have a right to talk to them and that they have an obligation to talk to us and to talk to us respectfully and honestly. Many things are negotiable but our dignity is not negotiable. On this point we stand firm.

    We are very much happy for the meeting that has been agreed to. We know that once our shacks are destroyed and we forced into the government shacks we will never see Linda Masinga and Associates again. Now we can finally say and show what we know and feel. We have pushed the presence of the community at these negotiations. We have elected people that the community can trust. We are happy that they will be able to make sure that the discussions will not just be technical.

    If the negotiations fail we will continue to insist, inside and outside of the court that:

    1. Everybody has a right to dignity.
    2. Everybody has the right to decent housing.
    3. Everybody has a right to be protected from corruptions.
    4. Everybody has a right to be consulted about everything that affects their life.
    5. Promises made must be kept.

    Comment and Contact

    For further information or comment please contact the following ladies who have been elected to represent the 50 families in the negotiations:

    Bongekile Zama: 072 940 5066
    S.B. Nxumalo: 076 333 9386
    Dorothy Jwile: 073 373 6460

    Also see:

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, 14 January 2007
  • The Strong Poor and the Police, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Isolezwe: Bebesho ukubakhipha ngodli ezindlini zomxhaso, 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Siyanda, Report Back from the High Court, 9 January 2009 (This picture set also shows the size of the Siyanda shacks
  • Siyanda: Agreement on Negotiations, Court Date Set Down for 27 January, 12 January 2009
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    Sekwanele! – Social Movement Struggles for Land and Housing in Post-Apartheid South Africa

    This article is published in the current issue of Left Turn magazine in the United States of America.

    Sekwanele! [Enough is Enough!]: Social Movement Struggles for Land and Housing in Post-Apartheid South Africa
    By Toussaint Losier

    Amabhulu anyama
    Asenzeli iworry

    [The black capitalists]
    [Are making us worry]
    – Chorus of a contemporary protest song, sung in Xhosa

    In the predawn hours of Saturday, September 13th, 2008, a devastating fire tore through the thousands of wood and zinc shacks that make up the Foreman Road informal settlement in Durban. Sparked by an unattended candle, the fire spread quickly and raged for hours.

    With only one water tap serving nearly 8,000 tightly packed residents, there was little people could do but warn their neighbors and move to safety to watch their houses burn. It would take several hours to put out the fire. Among the smoldering debris, residents would later find the body of Thembelani Khweshube, 30, who had been asleep when his shack caught fire.

    “I wish that somebody could save us from this misery,” lamented Funeka Nokhayingana to a local reporter from the Durban Mercury amidst the charred zinc and the damp ash. “I have lost everything in the fire – my identity document, my children’s birth certificates, uniforms and school books. It hurts me to raise my children in such conditions, but I don’t have a choice because I have nowhere else to go.”

    Far from a rare occurrence, these shack fires have become an increasingly frequent phenomenon in post-apartheid South Africa, as the numbers of shack settlements have continued to grow. There have been an average of ten shack fires a day over the past five years, with someone dying in a shack fire almost every other day. In the eThekwini municipality where the Foreman Road settlement is located, there is roughly one shack fire a day.

    Not long after the wreckage had finally begun to cool, the residents of Foreman Road held a community meeting to collectively assess their situation. Rather than accepting the city’s offer of relocation, residents resolved to immediately begin rebuilding their shacks using whatever materials could be salvaged from the ruins. Working with others member of Abahlali baseMjondolo (Zulu for shack dwellers), a social movement based in more than 40 shack settlements, residents put out a press statement the same day, calling for emergency food, temporary shelter and building materials. At the same time, their statement also placed the destruction of more than 70 percent of their settlement in a broader political context:

    “Shack fires are a crisis. They are not something normal. The government must stop blaming the victims every time there is a fire. We have to treat the fires as a crisis. We have to act against the real causes of the fires. The main cause is that people don’t have electricity. Other causes are that people don’t have enough taps or any fire hydrants to fight the fires. The short term solution is to electrify the shacks and provides taps, fire hydrants and access roads. The real solution is to upgrade the settlements with proper brick houses.”

    But far from assisting in rebuilding efforts, municipal officials instead arrived at the settlement with bulldozers the following day. In response, the Foreman Road AbM mobilized to halt the municipality’s plans, threatening to blockade the entrance to the settlement Road and calling on legal advocates to halt this unlawful action. “Foreman Road is our home,” reiterated AbM after threatening to destroy any bulldozers that entered the settlement. “We are urbanites. We live and work and school here. We will not be moved. If the City will not give us building materials we will rebuild the settlement ourselves. This land is ours.”

    From Racial to Class Apartheid

    In many ways, AbM’s successful response to the threatened demolition of Foreman Road is rooted in the long history of South Africa’s liberation politics. From the land occupations organized by the squatters movements of the 1940s to the rent boycotts coordinated by the civic movements of the 1980s, urban land struggles have figured prominently in popular opposition to apartheid, and before that, racial segregation and settler colonialism. Yet, AbM’s calls for adequate housing and land redistribution are also very much linked to recent developments that continue to make South Africa the most unequal country in the world despite of the end of apartheid.

    In 1989, the collapse of the Soviet Union, the leading patron of the African National Congress’ (ANC) armed struggle, provided a moderate faction of the apartheid state with an opportunity to seek a negotiated solution to the impasse created by domestic unrest, international isolation, and prolonged economic crisis. The subsequent release of Nelson Mandela and the unbanning of the ANC and other liberation forces initiated a protracted process of public negotiation with the apartheid Nationalist Party, a process that would ultimately lead to the creation of a fully democratic constitution.

    Parallel to these negotiations, however, were a series of informal negotiations on economic issues between key ANC members and the corporate leaders. To ensure a political settlement with the apartheid regime, ANC leaders ultimately abandoned their professed commitments to wealth redistribution and conceded to the corporate sector’s call for a neoliberal macroeconomic approach to economic development as the best solution to the problems facing the country’s poor.

    “The terms of this settlement,” argues economist Sampie Terreblanche, “were such that the poorest half of the population has, [since 1994], become entrapped in a new form of oppression: a state of systematic exclusion and systemic neglect by a democratically elected government and the modern sector of the economy respectively. It is therefore not surprising that the situation of the poorest half of the population has deteriorated over the past eight years.”

    Political Liberation or Economic Liberalization

    On the eve of the 1994 elections, which would sweep Nelson Mandela to power as the first black President of South Africa, the non-white majority of the country faced dreadful living conditions. Whether they were in hostels or mine compounds, shack settlements or dilapidated township housing, they were often far from the cities and their places of work. With up to 13.5% of all households living in shack settlements, the country faced an estimated backlog of 3.3 million homes, impacting 15 million people. Moreover, this need for housing was growing at a rate of 200,000 units per year.

    In response, the ANC-led alliance of worker and civic organizations proposed a variety of solutions, most prominently the 1993 Reconstruction and Development Programme (RDP). In addition to other issues, the RDP called upon the government to play a key role in a massive housing program that would not only meet basic needs, but also create jobs, redistribute land, and drive economic development. RDP proposed spending at least 5% of the national budget on the construction of 350,000 houses per year to eliminate the backlog over a 10-year period.

    But once elected, the ANC government failed to live up to its campaign promises, as commitments to neoliberal trade agreements and the paying-off of apartheid-era debt quickly overruled its social democratic proposals. In 1996, the ANC reiterated earlier agreements with South African capital and the International Monetary Fund by formally adopting the Growth Employment and Redistribution (GEAR) policy as its economic program.

    Reflecting a neoliberal approach to development, GEAR has promoted market deregulation, fiscal discipline, wage restraints, and the privatization of government services. In place of redistributive policies, GEAR relies on foreign direct investment and integration into the world market to ‘trickle down’ benefits to the poor and working class. As a result, the government has largely relied on bank-financing and private construction firms to meet the vast housing backlog.

    Under GEAR, the provision of housing has gone from a central element of economic development to a marginal social service. In just the first five years of ANC governance, housing has become less of a priority, dropping from 3.4 to 1.6 percent of total budget allocations. Moreover, the reliance on the private sector for low-income housing construction has meant that while the government has approved 2.4 million state subsidies for low-income housing construction, most of the homes that have been built have failed to meet the government’s own standards.

    Following his April 2007 tour of South Africa, the UN Special Rapporteur on Adequate Housing, Miloon Kothari, concluded that new homes “have been hastily constructed, poorly planned, and designed without any consultation with local authorities and residents. These houses were unfortunately inadequate to meet the housing needs of their inhabitants.” Efforts by residents to raise concerns with their local officials have consistently proved fruitless while increasingly militant housing protests have resulted in mass evictions and arrests.

    The social effects of this market-oriented approach can also be seen in government efforts to increase access to other basic service. Access to electricity and clean water has been expanded to much of the poor black majority since the country’s first democratic elections, but at the same time services that were once provided to the white population through public utilities have now been either contracted out to foreign companies or for-profit model. Not only has this led to high service charges, but also the use of prepaid water and electricity meters, and mass disconnections for those unable to pay.

    Popular Resistance

    Over the past decade, these neoliberal policies have sparked waves of popular revolt, often during the months leading up to elections. In 2004-5, for instance, there were an average of 16 protests per day, roughly 13 percent of them illegal. In addition to raising community grievances, independent researcher Richard Pithouse notes that these protests “were aimed at trying to subordinate local party structures and representatives to popular power,” challenging the top-down control asserted by the ANC and other political parties.

    When these protests have been channeled outside of party structures, they have, at times, provided opportunities for the development of grassroots social movements. In 2000, for instance, the Soweto Electricity Crisis Committee (SECC) was founded in response to water and electricity disconnections. Later that year, a series of violent evictions and water cutoffs in the Coloured and African townships on the outskirts of Cape Town led to the growth of the Western Cape Anti-Eviction Campaign (AEC).

    Inspired in part by Brazil’s Landless Workers Movement, SA’s Landless Peoples Movement (LPM) was established in 2001 to mobilize the urban and rural poor for substantial land reform. Similarly, Abahlali baseMjondolo emerged out of a 2005 road blockade by residents of the Kennedy Road informal settlement protesting their local councilor’s repeated failures to provide them with formal housing.

    Based in poor and working class communities, each of these movements have had to negotiate their reliance on more well-resourced individuals and NGOs, and the attendant efforts to control the movement’s agenda. In spite of their differences, each of these movements has made use of both legal and illegal action as a means to build power, not only to force a change in policy, but also radically reorient the logic of post-apartheid governance back to the bottom-up approach promised during the course of the liberation struggle.

    Building a Poor People’s Movement

    Several weeks prior to the massive fire in Foreman Road, AbM released a new research report, “The Big Devil in the Jondolos: The Politics of Shack Fires.” Confirming what residents had long known, this report cast settlements like Foreman Road as “poor people’s solution to a lack of affordable housing, especially in cities.” In eThekwini municipality, for instance, a third of the population, roughly 920,000 people, live in shacks. Across the country, roughly one in six of all South African households live in shacks.

    In addition, the Shack Fire Report listed the lack of security of tenure, use of cheap but highly flammable building materials, limited access to water, and reliance on candles and paraffin lamps as factors contributing to the crisis of shack fires. The report also noted that since 2001, the municipality’s refusal to electrify shacks has heightened the risks.

    Furthermore, the report noted that the municipality had pursued a campaign of armed de-electrification against settlements, particularly targeting communities mobilizing behind AbM. For instance, when AbM convened a mass march again Durban Mayor Obed Mbala for basic services like electricity in 2007, police violently broke up their protest using rubber bullets, tear gas, and water cannons. Five months later, when AbM announced its plans to challenge the legality of the KwaZulu-Natal province’s Slums Act, police entered the Kennedy Road settlement and cut more than 300 electricity connections. Two days after this mass disconnection, a fire in Kennedy Road destroyed fifteen shacks and left 25 people homeless, demonstrating links between electricity disconnection shack fires.

    On September 22, AbM convened a City Wide Shack Fire Summit in Kennedy Road, a last minute change of venue from Foreman Road. While municipal officials failed to attend, shack dwellers from all over Durban participated as well as delegates from the AEC, the LPM’s Gauteng and KwaZulu-Natal branches, the Rural Network, and the eThekwini region of the South African National Civic Organizations (SANCO).

    Reiterating the need for the government to address the rash of shack fires as a national emergency, those in attendance also rejected the top down approach of NGOs, academics, and municipal officials as undemocratic. Poor communities, they agreed, must be able to debate their own solutions and determine their own future. Calling for a solidarity among poor people across the country, delegates resolved to take suggestions for regular marches and a national defiance campaign against illegal electrification back to their social movements.

    At the end of the summit, AbM, AEC, LPM, and the Rural Network also announced their formation of a Poor People’s Alliance to coordinate their joint actions. In many ways, this new partnership is an outgrowth of a two year-old Action Alliance between the AEC and AbM.

    Formed in response to their shared concerns over the dominance of left academics and NGOs in social movement politics, this alliance has provided these two movements with a base from which they have deepened their politics of popular participation and mass action from below and to the left. In July 2008, for instance, these two movements joined together to help launch an AbM Western Cape movement, to directly address the concerns of residents of Cape Town’s numerous informal settlements.

    “We are calling it the Poor People’s Alliance so our people can identify with it,” explained AEC Chairman Ashraf Cassiem. “It is a solidarity alliance. If there is an action in one place, [we] will carry it forward in another area. It must be people-orientated. It must be action-based, as opposed to an NGO that sits in the office.”

    This new alliance is also an outgrowth of a principled stance these movements have taken against party politics and electoral participation. In late 2003, the AEC joined the LPM’s initial call for a nation-wide No Land! No Vote! campaign calling for a moratorium on evictions and immediate land redistribution. Grounded in widespread frustration with the limited change achieved during ten years of full democracy, the campaign called for a return to mass action in place of reliance on political parties.

    In spite of the repression with which the state has responded to them, AbM joined the AEC’s election boycott, helping to develop it into a “No Land! No House! No Vote!” campaign during the months prior to the 2006 municipal elections. When AEC members held an Election Day march in Cape Town, the AbM sponsored an UnFreedom Day celebration, now an annual event held on the holiday marking the country’s first democratic elections.

    “The community has realised that voting for parties has not brought any change to us – especially at the level of local government elections,” explained AbM President S’bu Zikode in 2006. “At local level who ever wins the elections will be challenged by us. We have been betrayed by our own elected councillor. We have decided not to vote.”

    Even though there has been no formal decision as to whether this new alliance will provide the structure for a boycott of the upcoming 2009 Presidential election, these new partnerships should provide for greater connection of urban land struggles with movements for sustainable rural development.

    Government Betrayal

    While controversial in the eyes of ANC allied-civic organizations and trade union coalitions, these election boycotts have tapped tangible feelings of betrayal within poor communities, while strategically undermining the ANC’s political dominance in highly competitive elections in Durban and Cape Town. Moreover, these campaigns draw on a long tradition of mass non-participation in the institutions of the apartheid system to directly implicate the ANC government’s adoption of the corporate sector’s neoliberal agenda.

    This neoliberal agenda remains largely intact in spite of the upset election of former South African Deputy President Jacob Zuma as ANC President in the party’s December 2007 elections. Emerging largely unscathed from his 2006 rape trial, Zuma had been able to garner support from key constituencies within the ANC, including the ANC Youth League, the SA Communist Party, and the Congress of South Africa Trade Unions (COSATU). While some of his supporters have used his bid for the party presidency to push for more redistributive economic policies, Zuma’s control of the ANC has been overshadowed by continued power struggles between himself and Mbeki over control of the party.

    These power struggles have continued in anticipation of Zuma’s upcoming corruption trial- culminating in a court judgment dismissing the case on a technicality, Mbeki’s forced resignation as South African President in September 2008, and his replacement by Zuma’s deputy, Kgalema Motlanthe. In response, supporters of Mbeki have left the ANC to create a new party, Congress of the People (COPE), to challenge the ANC under Zuma in the upcoming Presidential elections in 2009.

    “For us, it is of no concern that the ANC has split up,” Ashraf Cassiem of the AEC argues.” It doesn’t have any direct effect because the policy and procedure of the government remains the same. It doesn’t matter what platform they use, because everything remains the same. Our communities will still have to be dealing with these policies the same way we have in the past.”

    Yet, the changing political landscape presents both challenges and opportunities for South Africa’s militant poor. After the Foreman Road fire, local officials restricted emergency aid just to those with ANC cards. Increased partisanship threatens to further divisions among communities and co-opt local leaders. Nevertheless, LPM and AEC have already taken advantage of the installation of new pro-Zuma provincial officials to push for an increased provision of housing.

    Moreover, it unclear whether these power struggles will create openings for a shift away from the current trend of relocating shack dwellers to permanent settlements, termed Temporary Relocation Areas (TRAs), on the urban periphery, towards the upgrading of settlements and adequate public housing demanded by these movements. And with South Africa’s hosting of the 2010 World Cup serving as further pretext for the creation of cities that meet the desires of the rich, the need for popular struggle grows greater each day.

    Toussaint Losier is a Chicago-based writer, artist, and activist. He is currently researching the history of mass incarceration at the University of Chicago. Much thanks to Kerry Chance, David Jenkins, and Raj Patel for their input on this article.

    Featured post

    Cape Times: Anti Eviction Campaign urges poor to boycott elections

    http://www.capetimes.co.za/index.php?fArticleId=4780755

    Anti Eviction Campaign urges poor to boycott elections

    January 05, 2009 Edition 1

    Aziz Hartley

    THE Anti Eviction Campaign is planning to launch a national campaign calling on voters to boycott the general elections because, it says, the government has failed the poor and politicians cannot be trusted.

    Mncedisi Twalo, a leader of the organisation in Gugulethu, said the campaign slogan would be, “No land, no house, no jobs – no votes”.

    “We have been preparing for months and talking to our alliance partners, Abhahali Base Mjondolo in KwaZulu-Natal and the Homeless People’s Movement in Gauteng.

    “The campaign is going to all nine provinces. As the poor people of this country, we will not be voting for our further suffering, joblessness and homelessness.

    “We are going out there to convince all poor communities that elections are all about power-mongering and promoting politicians.”

    Twalo said the Anti Eviction Campaign was active in 46 communities across the Western Cape and represented thousands of homeless and disadvantaged families left in the lurch by politicians.

    “Our main message to politicians is that we feel, as the poor, we have been left on our own. We will not participate in what is now a neo-colonialist state. We will keep pressuring whoever takes up public office.”

    Jane Roberts, an Anti Eviction Campaign leader in Delft, said about 130 families evicted from incomplete houses they invaded in December 2007 were continuing to live in squalor on the pavement of Symphony Way.

    She said nothing had come of numerous promises made by housing officials.

    “We are going out across the Western Cape … to urge people not to vote. Politicians make promises and not a single political party can be trusted.

    “Some people were told by politicians that an election boycott meant their votes would go to some other party and would be lost, but we are telling them that this is not so.”

    Roberts said five Symphony Way families had been given formal homes, but the others had a bleak festive season.

    Symphony Way resident Karima Linneveldt said three of the shacks burned down on Saturday morning, leaving four families homeless.

    “We can’t continue like this,” she said.

    “About 24 babies have been born here in tough conditions.”

    aziz.hartley@inl.co.za

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    eMacambini: Holding onto Paradise

    (This is the full version of an article first published in The Weekender.)

    Holding onto Paradise

    The proposed development of eMacambini will destroy the life of a rich rural community as well as one of KZN’s most beautiful landscapes, writes Peter Machen

    If you drive up the North Coast of KwaZulu Natal, you’ll see what was once little than a series of small seaside towns gradually morphing into something that increasingly looks like Jo’burg. Currently the twin epicentres of this urban spread are Umhlanga and Ballito, but the virus is spreading around the province. It has already filled the once semi-rural suburbs of Hillcrest and Waterfall with strip malls and gated communities and threatens to take up wherever there is a beautiful view waiting to be destroyed.

    As pre-planned reality displaces the very notion of the organically evolved village and town, these new locations of middle class human habitation – be they Tuscan, Balinese or grossed-out modernism – have become the literal embodiment of the so-called “end of history”. It all fits perfectly. And inside the gated, monitored and regulated communities, that troublesome world out there that is so filled with violence and terror becomes no more than a channel on your television screen.

    A little further up the coast, an hour and a half’s drive away from Durban, a local community is challenging this notion of the end of history. They are defending a richly lived rural life against a virus that is even more destructive to the natural cycles of the planet than the Jo’burg virus: the Dubai virus. And they are doing so against a movingly beautiful landscape in which they have lived for generations. A landscape in which there is little extreme poverty, no violence and no crime, and where community is more important than political affiliation.

    I first read about the proposed development of the Amazulu World Theme Park in eMacambini in a local paper. The planned development by Dubai-based Ruwaad Holdings would occupy 16 500 hectares. In addition to the theme park, plans include a shopping mall eight times the size of Gateway, a game reserve, six golf courses, residential facilities, sports fields and a R200 million 100m high statue of Shaka Zulu at the Thukela river mouth.

    In that article there was no mention of the eMacambini community that was going to be displaced, no mention of the 29 schools that would be demolished, the 300 churches, the three clinics, the brand new RDP houses. No mention of the ancestral graves that would be displaced. No mention of the absurdity of a beyond-vast Zulu theme park that would destroy everything that is Zulu about the area – which is to say everything.

    The community of eMacambini also first heard about the Memorandum of Understanding signed between the Province and Dubai-based Ruwaad Holding in the media. Many of them were aware of talks between their chief, the province and two companies in Dubai. But they had not been informed that their entire world had been promised away by provincial leadership. Only later did the provincial authorities, led by Director General Kwazi Mbanjwa, arrive in eMacambini. They were unaccompanied by provincial Premier S’bu Ndebele, who together with Mbanjwa, spearheaded negotiations on the project and threatened the community with land-expropriation.

    Anti-Removal Committee member Khanyisani Shandu recalls the meeting. “It was a top-to-bottom kind of approach – ‘we as government are telling you that it is going to be like this’.” But he also says that the province has no legal power to take away the community’s land. “The community owns the land. That is indisputable”. And having examined the proposal, the people of eMacambini gave a clear rejection of the project. But that was the last time that the province – or anyone else from government – engaged with the community.

    On 26 November, more than 5000 residents of eMacambini marched to the Mandeni Municipal Offices to deliver a petition to Ndebele and threatened to blockade the N2 and R102 if they did not receive a response from him. Ten days later, after having received no response, the community occupied the roads in protest and blockaded them with burning tires. And so, the story made the headlines for the first time. But predictably, there was little analysis of the events that had lead to the blockade.

    The main response that the community received was the full fury of the local police force who attacked the protestors with tear gas and rubber bullets, and, later, allegedly forced their way into people’s house, arresting some people who had not even been at the blockade. During the course of the violence, at least 50 people were shot at, and 10 people hospitalised. The response from the ANC was to condemn the protests, adding that they were “unfortunate and unnecessary”. The Youth League meanwhile cast the IFP as political instigators in the events. For the eMacambini community, such responses are just further fodder for their disillusionment with the former liberation movement. The community seems to have been abandoned by the same forces that two decades ago would surely have fought side by side with them. Now the state sends it police force. But it sends no leadership, no-one to help sort out this dirty mess.
    As they eMacambini Anti Removal Committee says, “There will be no compensation for what we will lose. There will just be a swop of land – a 500 hectare township for 16 500 hectares of beautiful and free land with rivers, valleys, pastures and beaches. In the townships there will be nothing for free. We will have to pay rates there. Here we are growing sugar cane, vegetables and fruit. Here we are raising cattles, sheep and goats. Here some of us survive on fishing.”

    The community of eMacambini had defended their land for centuries, surviving the threats of colonialism and apartheid intact. “And now” says Shandu, “this so-called people’s government is happy to remove us. It’s really terrible to say the least.”

    He also stresses that the community’s response to the development has got nothing to do with party politics. “We have all now came together in solidarity to say this is a pure theft of the land. The Premier has been saying that the people of eMacambini are rejecting development. But this is not development. It’s theft. It’s absolute theft.”

    Meanwhile, Inkosi Khayelilhle Mathaba , the local traditional leader who was sidelined in negotiations with Ruwaad, points out that Ndebele will shortly be leaving his position as Premier to go into business. And he says that he has documents which state that Ndebele will personally get 10% of the shares in the development. Ndebele has also refused to give Mathaba and the community the MOU signed with Ruwaad Holdings.

    Apart from the sheer ludicrousness of events, something else struck me about my visit to eMacambini. I have driven all over KZN and often speak to people in rural communities about their experiences. And the most consistent and resounding cry, from Umbumbulu to Bothas Hill is “we are poor”. By contrast, the residents of eMacambini say “we are rich. We are not poor. We are rich.” Those were almost the exact words used by nearly all the people I spoke to. And vitally they acknowledge that their access to land makes them rich. And they all realise that their removal from their land would send them straight into poverty.

    They also acknowledge that they do not hold all development in contempt. They are in favour of development that would help them become richer – in the broadest meaning of the word – rather than poorer. But they do not want their landscape to change. There is a great African cliché in which the beauty of the African landscape exists in stark contrast to the poverty of its people. It is refreshing that this is not the case in eMacambini. Here people live functionally between modernity and tradition.

    Those who talk of African solutions to African problems should come to eMacambini where land, grass-roots democracy and mutual respect have come together maintain a reality that is the very essence of sustainability. Of course, the African Solution seekers might not like what they see. They might object to the lack of development, to its distance from modernity. And they probably wouldn’t see the similarities between the community of eMacambini and the Tuscan farmers who are trying to maintain their traditional way of life, just as small rural communities all over the planet are doing the same, from Alaska to India.

    Mathaba and the community of eMacambini will soon be taking the matter to the country’s courts. It seems likely that they will be successful in maintaining their land and their autonomy. And if they are, it will not simply be a victory for themselves and their land, but for all those South Africans who are in favour of self determination and sustainability over rampant development.

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    50 Shacks Burn in Kennedy Road

    21 December 2008

    50 Shacks Burn in Kennedy Road

    About 50 shacks burnt in the Kennedy Road settlement last night. This is the 8th fire in the settlement this year.

    The fire started when a candle was knocked over just after midnight. So far there are no reports of major injuries. The fire brigade, as is now (after years of struggle) routine arrived quickly and provided a good service. We appreciate that. We trust that the Municipality will, as they began doing this year (after years of struggle), support the people who have lost their homes with building materials.

    The Kennedy Road community welcomes all the progress recently made in the long negotiations with the eThekwini Municipality about upgrading the settlement where it is. However it is unacceptable that the Municipality continues to refuse to electrify shack settlements and that when people electrify themselves they face armed and often violent de-electrification at the hands of the police and Securicor.

    No amount of shooting will stop people from electrifying their homes themselves. People have to do what they have to do to keep their families and their communities safe. And everyone has the same right to a modern life.

    For further information and comment please contact Mdlalose on 072 1328 458 or Mashumi on 079 5843 995.

    It has been a year of fire and struggles for electricity and against fire. See:

    (The Year of Fire) Post Annual General Meeting Speech by S’bu Zikode, 14 December 2008
    Fire at XA Settlement AbM Western Cape Statement, 6 October, 2008
    No more fires! No more evictions! The poor assert their right to the city!, Western Cape Anti-Eviction Campaign Press Statement, 21 September 2008
    Slums Built on the Ashes of Apartheid, Sunday Tribune, 21 September 2008
    Massive Fire Devastates the Foreman Road Settlement, 13 September 2008
    A Big Devil in the Jondolos: A report on shack fires, 8 September 2008
    Another Huge Fire Devastates the Kennedy Road Settlement 31 August 2008
    Land & Housing: The burning issues Speech by S’bu Zikode at Diakonia, 28 August 2008
    Armed De-electrification in the Motala Heights Settlement, 19 August 2008
    Abahlali baseMjondolo eThekwini Calls for City Wide Shack Fires Summit, 8 August 2008
    The Kennedy Road Settlement is Burning (Again) (& Again) (As is Ash Road), 8 June 2008
    City Escalates Its War on the Poor: Mass Disconnections from Electricity at Gun Point in the Kennedy Road Settlement, 15 February 2008

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    Latest from Siyanda: 50 Families Remain in their Homes & Refuse Eviction to “Transit Camp” Under Heavy Police Presence

    Latest from Siyanda: 50 Families Remain in their Homes & Refuse Eviction to “Transit Camp” Under Heavy Police Presence

    In the early morning of December 11, 2008, police vans, trucks and cars – estimated six in total – pulled into Siyanda, KwaMashu, to carry out the eviction of 52 families to make way for the new MR577 Freeway. Approximately 10 police, armed with batons and pistols, reportedly went door-to-door with a representative from Linda Masinga & Associates, to each of the 66 families’ shacks. With bulldozers and transport trucks standing by, the eviction team asked each family if they would be willing to be relocated to an area “transit camp.” As had already been officially communicated to the MEC of Transport who is seeking the eviction, all but two families refused.

    The two Siyanda families who accepted the terms of the relocation were then transported by truck to an area “transit camp,” where police vehicles followed. Police tape had been placed between the “camp” and the adjacent homes, where KwaMashu residents stood outside watching the relocation, some toi-toying. These residents were not consulted, either by government officials or by the MR577 construction group, that the “camp” would be installed in their community on land adjacent to their homes.

    Background

    Last week, 66 Siyanda families – more than 300 people – received a letter from the State Attorney, issued by the MEC of Transport, ordering them to vacate their homes by Tuesday 9 December for relocation to “transit camps.” (There were many errors on the State Attorney’s list – some families on the list are in fact living in the Khalula project – only 52 are in fact still living in shacks). As stated in the press released issued by the Siyanda branch of Abahlali in response to the MEC, residents refused to be: (1) intimidated by letters that were not legally binding to force an eviction, and (2) relocated to government shacks in “transit camps,” which cannot be considered suitable alternative accommodation.

    In addition to this press statement, the national movement of Abahlali baseMjondolo sent an official response letter to the State Attorney, informing the MEC of Transport that all but 2 of the families still living in shacks refused to be forcibly evicted and placed in “transit camps.” Abahlali proposed further consultation with the Siyanda community, and reminded the MEC of Transport that, according to the PIE Act, an eviction could not be carried out without a court order and without finding suitable alternative accommodation.

    The State Attorney, who responded respectfully to the Abahlali baseMjondolo national office, said he would take the matter to his client, the MEC of Transport. The MEC of Transport’s response is still pending.

    The Siyanda Abahlali branch considers it a victory that the 64 families who refused to be forcibly evicted were not violently expelled by the eviction team and remain in their homes. Earlier this year, 50 families were made homeless in an eviction carried out without notice or a court order, and where occupants were prevented from removing their personal belongings from the shacks before the demolitions began.

    The Siyanda Abahlali branch also wishes to state that the BEC from the local councilor’s office was present on 11 December, when the police-heavy eviction team arrived, and supported the community. In the past the councilor has supported evictions.

    However, Siyanda residents said that the police presence during the course of relocating the two families on December 11 was intimidating. In the past, police have responded violently to peaceful marches by Siyanda residents. On Monday, 15 September 2008, approximately 60 residents gathered to protest further misallocation and occupancy of finished Kulula houses by those who are not affected by the freeway construction. Amid heavy police presence, a metro police officer reportedly brandished a loaded weapon at the crowd, shouting that he would shoot them with live ammunition if they did not disband.

    Following shack demolitions earlier in May this year, residents marched to the Kulula Project contractor’s office to submit a memorandum, where they were fired upon with rubber bullets by police and sprayed with water canons. Five people, including a pregnant woman was shot, injured and rushed to hospital. These five were arrested by police at hospital, upon charges of “public violence.” All charges were subsequently dropped.

    In a letter to the Mayor Obed Mlaba, The Centre for Housing Rights and Evictions (COHRE), an international human rights non-governmental organisation based in Geneva, Switzerland, condemned the existence of so called ‘transit camps’, stated that unlawful evictions in Siyanda and Durban was unacceptable, urged the Municipality to halt all forced evictions of shack-dwellers, and noted the disturbing trend of police repression against peaceful protesters legitimately airing their grievances against housing rights violations.

    For further information and comment please contact Mamu Nxumalo (076 3339386) or Thembi Zungu (074 3423607) from the Siyanda Abahlali baseMjondolo branch.

    Also see:

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • Protesters hurt as police fire rubber bullets, Daily News, 5 December 2005
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, 14 January 2007
  • The Strong Poor and the Police, 19 January 2008
  • ‘No one can have it if we can’t’, Daily News 20 August 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Ward councillor locked in home over service delay, 12 September 2008
  • Isolezwe: Bebesho ukubakhipha ngodli ezindlini zomxhaso, 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • KZN housing development threatened, Daily News 13 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 50 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Featured post

    Inkulumo Emuva koMhlangano Wonyaka Ka-2008

    Click here to read this speech in English.

    Abahlali baseMjondolo Movement SA.
    14 December 2008

    Inkulumo Emuva koMhlangano Wonyaka Ka-2008, ngu-Baba u-S’bu. Zikode

    Ethulwe kubahlali baseMjondolo eThekwini e-Blue Lagoon

    Isingeniso

    Bahlali njengoba sonke sazi ukuthi sisuka esikhathini esinzima kanganani, nesehlukile kakhulu kwesejwayelekile eMbuthweni wethu esiwuthanda kakhulu. Umbutho okuthe amandla awo aphoqelela bonke abantu abahlala eMjondolo ukuthi bame ndawonye futhi basho ngezwi elilodwa ukuvikela ilungelo lethu lokuhlala emadolobheni.

    Ukhetho labahlali lukanyaka ka-2008 mhlaka-28 November obelubanjelwe ku-Kennedy Road, lube ngolunye olubeyimpumelelo, kune sesike saba nalo kusukela ekubunjweni kwa lo-Mbutho ngonyaka ka-October 2005. Umbutho wethu usakhula wonke amagatsha aloMbutho azikhethela wona abaholi bawo ezingeni lamagatsha emphakathini. Laligcwele phama ihholo laku-Kennedy amalunga abahlali ukuzokhetha abaholi abasha. Wonke umhlali ubekhululekile ukusho noma yini afisa ukuyisho, noma ukubuza noma yini afisa ukuyibuza. Ukhetho lahamba kahle kakhulu futhi kwabe kuyintokozo enkulu ukuthi lolukhetho lalihanjelwe amalungu ombimbi labampofu (Poor People’s Alliance). Njengoba benazi ukuthi ngithathe isinqumo sokungalungeneli ukhetho kulonyaka, futhi nani nazi ukuzinikela nokuzibophezela kwami ekunisebenzeleni ngokungazenzisiyo.Bekade ngiqonda kabanzi ukuthi yonke imisebenzi embuthweni idinga ukubanjiswana, kanjalo nomthwalo wokuhola lombutho ngokuzinikela udinga kubanjiswane. Ngakubeka kini kwacaca ukuthi nami ngidinga isikhathi esanele sokuba nabantwana bami, ngibe nesikhathi esanele sokucabanga ngijule ngokucophelela ngesimo sombusazwe ophilayo nezimpilo zethu. Kuzomele kubenoshintsho nezinguquko kithi uqobo, ukuze silethe ushinstho ezweni. Akulula –ke zibekhona lezinguquko uma singekho isikhathi esanele sokujula ujiye ngekusasa lezimfuno zabahlali.

    Njengelunga elizithobile loMbutho wabahlali baseMjondolo bengilokhu ngikubabaze njalo futhi ngikuncoma ukuthenjwa ngabahlali isikhathi esingaka ngomsebenzi obaluleke kangaka wokuhola loMbutho okhula ngesivinini esingaka. Namanje ngisashaqekile ukuthi yiziphi lezizithelo zobuholi enginazo ezenza abantu bangithembe kangaka, ngokungikhetha, bangikhethe baphinde bangikhethe kulesisikhundla nomsebenzi onzima kangaka. Akuwo nokho umsebenzi olula nomnandi.. Wumsebenzi lo ofuna umuntu ozehlisayo kodwa ongenzeli phansi impilo zabantu. Lomsebenzi udinga ubuchule nokukhula kwezombusazwe, lomsebenzi udinga inhlonipho, udinga ukuthi uqonde kahle ngabantu abasha, ngomama abadala babahlali, ogogo, obaba nomkhulu. Lomsebenzi udinga umholi ozimisele ngokuzofunda ukuhola nokuholwa ( njengoba isekela likaMongameli wahlali ubaba u-Lindela Figlan ehlala esho). Lokhu kuyawusiza kakhulu umbutho ukuthi wazikabanzi ngawo ngaphambi kokuthi wazi ngengaphandle lawo uMbutho. Asisoze sazilutho ngomhlaba ongaphandle futhi nesitha sethu ngeke sizesasazi uma singazi ngathi uqobo. Futhi ngeke sazi ngezinselelo esibhekene nazo nezisombululo zakhona uma singaqondi ngathi uqobo.

    Bahlali ngiqonda kahle kamhlophe futhi ngiyakhumbula ukuthi abafowethu nodadebethu abebesuka kude kuMbutho woMbimbi Labantu Abampofu. Bebesuka kude kwi-LPM eGoli, kwi-AEC eNtshonalanga Kapa, Abahlali eNtshonalanga Kapa kanye Ne-Rural Network kwa-Zulu/Natal. Angisoze ngakukhohlwa ukusekwa okungaka yibo ukuze ngibuyele ekuholeni loMbutho, Ngingekhohlwa ama-sms ebebengithumelela wona okunginxenxa ukuthi ngiphinde nginihole kanye nabo. Ngibathulela isigqoko ngazozonke izithukuthuku zeminyaka ngeminyaka belwela inkululeko kubantu abacindezelwe, nokukholelwa okukhulu ukuthi abahlali abazicabangele bona, futhi bazihole bona. Siyobambisana njalo kulendlela.

    Incindezelo

    Mhla siqala lomzabalazo ngonyaka ka-2005 sathi lowo kwabe kungunyaka womnyakazo unyaka wokushikisha kofudu.Unyaka ka-2008 ube ngunyaka woMhlaba neZindlu njengoba sasivumelene sonke, nakuba eskhundleni salokho kuvele kwaba ngunyaka weNjebomvu emjondolo ( ngokombiko owakhishwa ucwaningo lika Maart Bikinshaw). Emililokazi iyeyasibekela indawo yase-Kennedy Road, Jadhu Place, Foreman Road, Emmause e-Phayindane, Motala Height, Anert Drive, Emagwaveni o-Tongathi, ku-Ash Road eMgungundlovu, QQ-Section eNtshonalanga Kapa nayo ibihaqekile.

    Kube ngunyaka wamagundane ayingozi, alumayo nagcine esethatha impilo yomntwana wethu ku-Kennedy Road.

    Kube ngunyaka wokunqanyulwa kogezi nokushoda kukagesi izwe lonke kulinyazwe abantu ngamaphoyisa, kuboshwe amalunga Abahlali, adutshulwe kuze kube umuntu ubulawa wukushokhwa ugesi ngenxa yobudedengu boMkhandlu weTheku wokuyekelelwa kwezintambo zikagesi zilenga nje budedengu.

    Kube ngunyaka wezikhukhula nezimvula ezinamandla ikakhulukazi ku-Ash Road eMgungundlovu.

    Kube ngunyaka wendluzula yokususwa kwabantu ezindaweni zabo, eMagwaveni oTongathi, Arnet Drive, Motala Height e-Phayindani, eSiyanda C-Section naseMacambini enhla nesifundazwe sakwa-Zulu/Natal.

    Kube ngunyaka wezinxoxo ezidonsayo neziyinqala phakathi kwethu, PPT, umasipala weTheku, Ricky Govender wase-Motala uMnu- Moolan womhlaba wabahlali base-Magwaveni.

    Lona kube unyaka onzima nobenesihluku esimangalisayo lapho bekushaywa,futhi kubulawa abafowethu nodadebethu abavela kwamanye amazwe ngesihluku esimangalisayo.

    Unyaka lapho isikhundla esiphezulu nesibalulekile siyesahlala izinsuku ezingamashumi amabili singenamuntu emuva kokhetho loMbutho ka-2008.

    Ukunqoba

    Umzabalazo wabantu abampofu nabacindezelwe awulula neze, njengoba sengikengasho ngaphambilini indluzula yokusaba nokusatshiswa esiye sabhekana nayo kulonyaka ka-2008.

    Nakuba kunjalo kuzomele sikhumbule kabanzi ngesikuzuzilek kulesisikhathi ebesinzima kangaka ezimpilweni zabahlali. Sonyaka wokusha kwemijondodolo, sokuphoqelelwa ngendluzula yolindela nokuhlaselwa kwabantu abavela kwamanye amazwe.

    Ngaphandle kwazozonke izinselelo esibe nazo, kuningi nokho nesiphumelelile ukuzizuza onyakeni ka-2008 wezingxoxo. Kulokhu kuxoxisana izwi labahlali liye landa, lezwakala, ususku nosuku, njengoba uMkhandlu weTheku uye waphoqeleka ukuthi uhlale phansi ulalele Abahlali ngosizo luka-PPT. Lezizingxoxo bezisingathwe abakwa-PPT ngeso elibukhali iso laMantungwa.

    Namuhla nginenjabulo yokusho ukuthi uMbutho wahlali ukwazile ukungenela lezizingxoxo ngesasasa eliphezulu. Sabe sesikwazi ukukhiqiza ibhukwana eliqukethe izimvo nezimfuno zabahlali elizosiza kakhulu uMkhandlu ukuthi uvume futhi wazi ngokungabibikho kobulungiswa lapho kusingathwa khona izindaba zabahlali basemijondodolo.

    Nanokuthi kubekhona ukuthelelelana amanzi nokubambisana. Ukufezeka koMkhankaso wokuhlanza nokukhuculula eKennedy ukunciphisa ukusabalala kwamagundane nezifo ezihambisana nawo waba yimpumelelo. Esikhathini esedlule ababusi bezwe nabamaphephandaba bebeyibukelaphansi indaba yokusha kwemijondolo nokufa kwabantu bayishaye indiva.

    Kodwa namhlanje umasipala useyakwazi ukuhlinzeka ngezinto zokwakha kabusha imijondolo noma ache lemijondolo yakhe yamathini ngokufisa kwayo imiphakathi.

    Ukulwisana nendluzula yokususwa kwabantu ezindaweni zabo Abahlali baye balwisana kakhulu nalendluzula. Lokhu kusigqamela kahle e-Siyanda uma Abahlali bakhona besuswa ngedluzula ukuze kwakhiwe umgwaqo omkhulukazi. U-MR577. Lendluzula kuliwe kakhulu nayo eMotala Height. eMagwaveni nase-Anert Drive ngamasu ombusazwe nawo umthetho. I-Anert Drive yona yaqopha umlando lapho uguqisa khona umasipala weTheku kwi-Nkantolo ePhakeme eThekwini.

    Umthetho omusha owaziwa ngekwaZulu/Natal Elimination and Prevention of the New Slums in KwaZulu/Natal Act kulwisene nawo ngaphandle nangaphakathi eNkantolo ePhakeme eThekwini NAKUBA isinqumo sejaji singakakhishwa. Sikunqobile ukuthi okungenani uma Abahlali besalinde ukwakhelwa izindlu okungenani bahlinzekwe ngezidingo nqangi nanjengokulawula kwe-Abahlali Settlement Plan. Siwunqobile umkhankaso wokuthi umndeni nomndeni awuthole indlu kahulumeni hhayi umjondolo owodwa indlu eyodwa, ngoba lokhu kushiya imindeni eminingi dengwane.

    Njengamanje siphothula isivumelwano sokuzibophezela omunye komunye ekuthuthukiseni indawo yase-Kennedy, ngokubambisana nabahlali base-Kennedy. Sonke naMkhandlu kulindeleke ukuthi sisisayinde lesivumelwano (I-MoU).Sizokhumbula sonke ukuthi abahlali base-Kennedy bebehlezi lubhojozi besatshiswa ngokususwa yonke leminyaka kusukela ngo-1995, namhlanje sebeyazi ukuthi bazothuthukiselwa la bekhona ngaphandle nje kokuthi hleze banganeli bonke.

    Umbutho wabahlali ukwazile ukusingatha imikhankaso emikhulukazi kazwelonke njengomhlaka-April 27, lapho thina njengabahlali sisasho sitshela izwe ukuthi asikayitholi inkululeko le egujwa abantu abambalwa besebenzisa iningi labantu bakithi abangakasiqondi isimo sombusazwe esikhona, nanokuthi nje le akukabi yinkululeko esasiyilwela sonke.

    Umhlaka 16 June wona inyanga yentsha nakhona sikwazile ukubumba uhlaka lophiko lwentsha yabahlali. Sabumba uhlaka lomama babahlali ngokusemthethweni ukuze nomama babambe iqhaza ebuholini bombutho wabahlali ngo-August 2008.

    U-September wona inyanga yamagugu sikwazile njengoMbutho wabahlali ukuba Nengqungquthela yokuqala edolobheni ukubhunga kabanzi ngokusha kwemijondolo nokukhumbula bonke esebasishiya ngengozi yomlilo ngokuthi sibenoMkhuleko omkhulukazi. Lengqungquthela yayihanjelwe abantu abasuka ezinhlanganweni ezahlukene nezingekho ngaphansi kuka hulumeni, abamaBandla Umbimbi labantu abampofu ( Poor Peaple’s Alliance) eyakhiwe umbutho waseNtshonalanga Kapa i-Western Cape Anti-Eviction Campaign, Abahlali baseMjondolo Western Cape, i-Landless People ‘s Movement yaseGoli, i-Rural n-Network enhla nesifundazwe sakwa-Zulu/Natal. Yonke lemibutho ibambisene ukuqinisa ubudlelwano nokulwisana nalolonke uhlobo lengcindezelo.

    Yingakho-ke ekugcineni uMkhandlu weTheku uye waphoqeleka ukuyivuma induku yabahlali ngokuthi ugcine usuzibophezela ukuthuthukisa i-Kennedy Road, Arnet Drive, Pemary Ridge, Lacey Road, JadhuPlace (eminyakeni emihlanu ezayo) neMpola Phase three. Kodwa kuyofanele sithembe kakhulu mhla kwakhiwa indlu eyodwa okungenani noma yonke imijondolo isithuthukisiwe ezindaweni ezisemadolobheni kulengabathi.

    Mhla ziyishumi uZodwa Nsibande nami sihlele, saba nomhlangano nomnini womhlaba waseMagwaveni oTongathi uMnu. Moolan oyewakhombisa ukuzwelana nabahlali baseMagwaveni waze wathenbisa ukunikela ngenxenye yonke yomhlaba wakhe kubahlali baseMagwaveni inqobo nje uMkhandlu uma uzomzwela naye ukuthi ungaqinisi isitrobho uma esezakhela naye kwenye yenxenye yomhlaba wakhe. Sisazoxhumana nekhansela nomsebenzi kamasipala ukuze nathi sithole lomqulu athi uwubhalile ukuze umasipala ahlangabezane nawo.

    Iziphakamiso

    Namhlanje ngifisa ukunikhumbuza bahlali ukuthi la embuthweni sonke siyalingana futhi sifanele sisebenze sonke ngokulingana ukuphumelelisa izimfuno zethu ngaphandle nje kwezikhundla nemisebenzi yethu.

    Masikhumbuzane ukuthi lona nguMbutho wabantu abampofu sonke sisebenza kanzima nangoku- zikhandla ukuvikela isithunzi nekusasa labantu abahlala emijondolo. Sifanele sisebenze kanzima, ngokubambisana, ngokuzikhandla nokucophelela.

    Umbutho wethu uphoqa ukuthi sifanele sizithembe, sithembeke ngaphambi kokuthi sithenjwe ngabanye abantu. Umbutho wethu uphoqa ukuthi asilisabe ihlazo nechilo, sibe namahloni ngezilingo zokubi. Umbutho wethu uphoqa ukuthi asibhekane ngqo nazozonke izimo zobubi ezifuna ukubukelaphansi isithunzi sezakhamizi zasemijondolo. Yingakho kulindeleke ukuthi sibe ngabantu abamnene nabazehlisa, kodwa sibe nesibindi sokulwa ukuvikela ikusasa labantwana bethu. Kodwa uma ngabe konke lokhu sizokwenza umthwalo womuntu oyedwa, ababili nabathathu singeke-ke saphumelela ngaphandle kwethu sonke ngokubambisana.

    Uma ngabe namhlanje sonke siyazibophezela ukusebenza kanzima, sisebenzisana sonke ngokulingana nangokungazenzisi. Nami ngiyaphinda ngiyazibophezela ukuwuhola loMbutho ihlandla lesihlanu, inqobo nje umasingaqhubani ngamadolo. Sonke sidinga ushintsho nezinguquko ngaphakathi eMbuthweni ngaphambi kokuthi sibhekane nezitha nezinselelo. Engingakuqiniseka kini bahlali ukuzibophezela ukusebenzisana nani, hhayi ukunisebenzela. Ukuhola nani, hhayi ukunihola. Njengoba sivumelana sonke nani ukuthi akungabibikho okwenu ngaphandle kwenu. Kukho konke ukuzibophezela kwami kini, nani kimi, ngifisa ukudlulisa amazwi okubabonga kakhulu omama babahlali abaye bangisingatha ezikhathini ezinzima lapho mina nomndeni wami sisibekelwa yifu elimnyama. Babe nami ngezingcingo, ngemithandazo nangokungivakashela ekhaya lami. Ngiyohlala nginithulela isigqoko ngothando eninginike lona ngezikhathi ezinzima.

    Sengiphetha, ngifisela bonke Abahlali basemMjojondolo, Abangani babahlali, nabobonke abaseka abahlali nabobonke abacindezelekile nabakhishwe inyumbazane isimo sombusazwe esikhona uKhisimusi omuhle nophephile. Nezilokotho ezinhle zonyaka omusha uNcibijane ophephile nonenqubekela phambili nongenakuhlukunyezwa ngamaphiyisa, ongenakucinyelwa ugesi nongenakuhlaselwa ngobugwala ngendluzula nayoyonke imimoya emibi yencindezelo ebhekiswe kwabampofu.

    Amandla!!!

    Featured post

    The right to basic services in informal settlements: Notes on Harry Gwala High Court hearing 12 December 2008

    The right to basic services in informal settlements: Notes on Harry Gwala High Court hearing 12 December 2008

    Harry Gwala is an informal settlement of some 800 households occupying mainly municipal land adjacent to Wattville in Ekurhuleni. Currently it has no refuse removal, no lighting, only inadequate home-made pit latrines as toilets, and only 6 communal taps.

    In October 2008, Harry Gwala applied, through the High Court, for installation of basic services. For every household in the settlement to be in a 200m radius of a communal tap, as set out in the Water Services Act, an additional 7 taps are needed in this settlement. The same Act requires one toilet per informal household. This could be ventilated improved pit (VIP) latrines or chemical toilets. Further, refuse collection is required for reasons of health and hygiene, and high mast lighting for basic safety and night-time access for emergency vehicles. Harry Gwala’s legal representatives, Moray Hathorn of Webber Wentzel and Advocate Roshnee Mansingh of Maisels Chambers, argue that the current situation at Harry Gwala is unconstitutional. They set out a three-fold application based on constitutional rights, statutory rights (as set out in the Water Services Act) and policy (Chapters 12 and 13 of the Housing Code).

    At the hearing in the Witwatersrand High Court on 12 December 2008, the Ekurhuleni Metropolitan Municipality announced that it offered to install the additional taps and provide refuse removal, but did not commit to any particular timeframe. Acting Judge Epstein stated that certainty was needed, and ended the proceedings with an order that refuse collecting and 7 additional taps be provided by 2 January 2009, a definite victory for the Harry Gwala community.

    The question of high mast lighting and sanitation were not resolved that easily. Justice Epstein reserved judgement after a lengthy debate that exposed the Municipality’s position on basic service delivery to informal settlement communities.

    Regarding high mast lighting, the Municipality argued that it would require approval from Eskom, who in turn would require a formal township approval before giving the go-ahead. No evidence was given of this requirement and it was not considered that high mast lighting had been installed as a safety intervention in other informal settlements.

    Technicalities aside, Ekurhuleni Metropolitan Municipality argued that providing sanitation and high mast lighting at Harry Gwala would result in money not well spent, as long as feasibility of upgrading the settlement in situ was in question. The Municipality stated it had been waiting for 2 years for a decision from the Provincial Department of Housing, regarding such feasibility. The Municipality indicated that in November 2006 it had asked for a second feasibility study to be commissioned by the Provincial Department of Housing for upgrading at Harry Gwala. The outcome was still awaited – this being one of 16 feasibility studies currently being awaited.

    However, Harry Gwala’s legal representatives showed that under Chapter 13 of the Housing Code, it is the Municipality that has to carry out or commission the feasibility study, before applying for funding from the Province for informal settlement upgrading.

    Further, the legal representatives of Harry Gwala showed that basic services provision should not be dependent on feasibility of in situ upgrading. Instead, they pointed to a statutory obligation in terms of the Water Services Act. This requires a safe albeit temporary toilet for each stand, including in informal settlements. In addition, they pointed to Chapters 12 (Emergency Housing) and 13 (Informal Settlement Upgrading) of the Housing Code which provided for funding for interim services. In terms of the minimum core content of socio-economic rights in the Constitution, it was argued that residents at Harry Gwala had a right to basic water and sanitation, refuse collection and lighting. Further, the proximity to the formal township of Watville meant that laying water and installing high mast lights could not amount to large sums of money, and stressed that the current situation presented a threat to the health and safety of the residents.

    However, Ekurhuleni Metro argued that because people had lived in Harry Gwala for many years, their condition could not be labeled an emergency, and therefore Chapter 12 of the Housing Code could not be used to fund basic services. An application by the Municipality would be fruitless as it would simply not be approved. Harry Gwala’s legal representatives in turn showed that the kind of emergency experienced in the settlement (living in dangerous conditions) is included in Chapter 12 of the Housing Code.

    It was then debated whether the sum for basic services available under Chapter 12 and Chapter 13 of the Housing Code was sufficient. Ekurhuleni Metro argued that the time lapsed since 2004 when the amounts in these programmes were set, meant that they were no longer sufficient today. That of course puts these two policy instruments in question.

    Ekurhuleni Metro further argued that their budget had already been allocated to projects that had proven feasibility, and for people living in similar or worse conditions. The Municipality was providing 13 000 stands in approved township areas in this financial year at the cost of R210 million (the entire Municipality has 130 000 informal structures requiring stands). It therefore found it could not redirect funding for the basic servicing of Harry Gwala, where feasibility of upgrading was still in question.

    The Municipality further predicted that if budgets were redirected for this purpose, any other informal settlement community could demand the same, and it would become very difficult to provide housing in a structured and planned manner.

    The judge would have liked evidence on actual costs of the requested services, which the Municipality was not able to present, other than to state that providing a toilet for each household in Harry Gwala would amount to R1 800 000. The judge would also have liked to have seen the entire budget of the Municipality, asking on what basis funding was not available from the Municipality’s general budget. In its absence, he questioned on what basis the Municipality was able to re-arrange its budget to offer or tender provision of the additional taps and the refuse removal.

    However, the Municipality gave a further reason as to why it was not willing to re-allocate its budget for basic services provision in Harry Gwala – the households had been given the option to relocate to a serviced area called Chief Albert Luthuli. Those currently remaining in Harry Gwala had refused this offer. Here the judge stated that there may or may not have been good reasons for these households to refuse the relocation offer, and did not wish to go into this discussion. However, the Municipality insisted in arguing that it should be taken in to account that the Harry Gwala households had chosen to stay in an area without access to water.

    As their legal representatives pointed out, apart from concerns over livelihoods and schooling, the Harry Gwala residents had refused to relocate as the Municipality had not proven the non-feasibility of in situ upgrading, as required under Chapter 13 of the Housing Code and the ‘Breaking New Ground’ housing policy, which specifically refers to relocation as a last resort. In particular, a geo-technical study was required to show whether upgrading is feasible or not. The households’ refusal to relocate therefore was appropriate and in accordance with policy.

    In essence, the Municipality was unwilling to engage with Chapter 13 of the Housing Code and was treating the basic services issue in isolation to access to schooling and livelihoods, a silo approach. Extending this approach, the Municipality presented a purely financial interpretation of the term ‘sustainability’. Citing Section 152 – 1b- of the Constitution, it argued that it would be ‘unsustainable’ to provide basic services in Harry Gwala. Harry Gwala’s legal representatives in turn argued that, by not applying for funding under Chapters 12 and 13 of the Housing Code, the Municipality had actually failed altogether to plan, an approach that could also not be considered sustainable.

    Several Constitutional Court judgements were cited in the course of the proceedings. Harry Gwala’s representatives referred to (a) municipalities’ obligation to take complex socio-economic conditions into account and to improve access to housing (and by implication basic services) to all in the Municipality (the PE Municipality case), (b) the role of the courts to affect socio-economic rights (the Modderklip case), and (c) the need for the court at times to enquire into and re-arrange budgets (the Rooikop case).

    Taking the opposite position on socio-economic rights, the Municipality cited the country’s first socio-economic rights case in the Constitutional Court (the Subramany case) in which the applicant’s claim for dialysis was turned down. Harry Gwala’s representatives strongly disputed the applicability of this case, tragic as it was, in which one individual had requested substantial expenditure by government to save his life – in the Harry Gwala case an entire community was requesting only very minimal expenditure for rudimentary services.

    The extreme diversion of views and interpretations between the Municipality and the legal representatives of the Harry Gwala community require a clear judgement. It suggests that this case, if not resolved in the High Court, is relevant for a deliberation by the Constitutional Court.

    Marie Huchzermeyer

    Featured post

    Open Letter to the Mayor of the City of Cape Town, Helen Zille

    Abahlali baseMjondolo of the Western Cape

    No 28 Ramaphosa Street
    Site B Khayelitsha
    7784

    email address: abmwesterncape@abahlali.org www.khayelitshastruggles.com

    City of Cape Town

    RE: Letter to the Mayor

    Dear Madam Mayor

    This letter follows the meeting that you have schedule for the 22nd November 2008 with ABM Western Cape ‘Khayelitsha’ which took place at Site B Community Hall,and the meeting followed the Memorandum which was submitted to you on the 23rd October 2008.

    The meeting for the 22nd November 2008 was organized by Bonginkosi Madikizela who is a communication officer for City of Cape Town and he was acting on your mandate and he liaised with Mzonke Poni who is the Chairperson for Western Cape ABM, who acted on behalf of the Khayelitsha shack dwellers who signed the memorandum that was submitted on the 23rd of October 2008 to your office.

    The reason why Abahlali baseMjondolo agreed to meet with you is because they were under the impression that you will give them a detailed report, responding from the Memorandum that was submitted to you at above mentioned date.

    The ABM WC was not impressed with your visit at Khayelitsha at above mentioned date. We regret to tell you that your presence at the meeting was very useless and fruitless as you failed to respond at our demands.

    Abahlali would like to clarify it’s stance for next years elections, the movement has declared that No Land! No House! No Vote! And the movement does not have alliance with any political party and does not have any working relationship wit any political party. The ABM Western Cape will not work with you as a leader of the DA as it also opposed to DA policies as well.

    The movement would like also to urge you not use it’s members for your political campaigns and to conduct your political campaign as far as possible from the movements activities and when the movement engage with you it expect you to engage with it’s members as the mayor of the City of Cape Town not as the leader of the Democratic Alliance and the movement was not happy at all with the meeting that you have called which you have chose to use it as a platform to campaign for Democratic Alliance for next years elections, and where you have also urged the members of the movement to work with you as a leader of Democratic Alliance to better their conditions.

    We would like to make it clear that we do not have any interest of working with you as a Democratic Leader and we will not work with you as a party leader, where it is possible we will only work with you not as a DA leader but as a Mayor of City of Cape Town.

    In Conclusion

    The Movement is still waiting for the detailed response of the memorandum which was submitted to you as the Mayor of City of Cape Town on the above mentioned date and we would like to give you 21 days to prepare a detailed report.

    When giving a response we would like you to give it to the movement and stop your dirty games of trying to divide and rule the movement using old apartheid style by co-opting leaders from different communities and invite them to your office as individuals and give them false hope with a view to detached them from the movement.

    On behalf of the movement

    Kwanele Mto

    Secretary ABM Western Cape

    073 368 0152

    Featured post

    Bheki Cele Threatens 61 Siyanda Families with Forced Removal

    Sunday, 07 December 2008
    Siyanda Abahlali baseMjondolo Press Statement

    Transport MEC Bheki Cele Threatens 61 Families in Siyanda with Forced Removal to one of the Notorious “Transit Camps”


    Mamu Nxumalo speaking at the meeting against forced removals, 7 December 2008

    On Saturday the Sheriff of the Court served a letter from the State Attorney on 61 families in Siyanda, KwaMashu. This letter instructs us to leave our homes by 16h00 this Tuesday, 9 December. More than 300 hundred people in our community are now at risk of forced removal to the notorious ‘transit camps’.
    The letter states that our homes will be demolished after Tuesday and that we will be moved to “temporal houses” or “transit camps” to make way for the new MR 577 Freeway. The letter warns us that should residents “refuse or resist the relocation in any manner, whatsoever, the MEC for Transport will bring an application on an urgent basis to evict them from the road reserve and further seek costs against them.”

    This is pure intimidation. Bheki Cele has no court order demanding our eviction and if he tries to have us evicted without a court order he will be guilty of a criminal act. If he tries to evict us legally he will have to make an application to the court and we will have the right to defend our community in the court – this is due process as laid out in the law. We have a right to oppose any eviction and this is not something for which Cele can claim costs against us.

    As the Siyanda Abahlali baseMjondolo branch we state clearly that we know our rights with regard to the Prevention of Illegal Evictions from Unlawful Occupations Act, and the protections afforded to us by the Constitution. We are well aware of the victories won in court against attempts by the eThekwini Municipality to evict our comrades in settlements like Motala Heights and Arnett Drive. We are working closely with our comrades from these settlements who have experience in these matters.

    We also know and insist on our rights as human beings.

    We state clearly that we consider any forced removal from a shack to a transit camp as an eviction because it is clear that “transit camps” – what the people call amatins – are not decent accommodation and that they can not be considered as an acceptable alternative to our shacks.

    We state clearly that we refuse to comply with the notice of eviction and that we will always refuse to accept any relocation to any “transit camps”. The office of the state attorney will be informed of this in writing first thing on Monday morning.

    The main reasons for our refusal to allow our shacks to be demolished so that we can be moved to “transit camps” are as follows:

    • We have lived on this land for many years. In 1994 Inba Naidoo, the first councillor after apartheid, allocated plots of land to us. We were given signed certificates indicating that the land was ours. We still have these certificates. These certificates were a promise from the government to the people, a promise that we would be able to live in safety and without fear of eviction after apartheid. We intend to insist that this promise is honoured.
    • We never even put our names on the list for RDP houses. We were happy how we were living on our land. The government approached us saying that they needed us to move us for the freeway but that they would give us houses in the Kulula project here in Siyanda. They came to us to promise us the RDP houses. We also intend to insist that this promise is honoured.
    • The houses in the Kulula Project that had been promised to us were allocated to families not affected by the freeway construction and not from Siyanda. Promises made to us were broken – and it is clear that there was fraud left, right and centre in the allocation of the houses.
    • Now, after the houses promised to us have been given to other people, we are told that we have to move to a ‘transit camp’. A ‘transit camp’ is not a house. This is the third promise to us that has been broken. We will refuse to accept that the promise of a house can be downgraded to a promise of a place in a “transit camp.”
    • There has never been proper consultation with the community. Some sections, such as eNande, have never been included in meetings with consultants and developers of the freeway. Those in the community selected to meet with consultants and developers, they were promised that the entire community – not half, or only certain sections – would be given houses in the Kulula Housing Project adjacent to the land on which they currently reside. This promise has since been withdrawn, without consultation.

    So called “transit camps” are unacceptable for the following reasons:

    • Transit camps are not houses.
    • Transit camps are not an acceptable alternative accommodation to our shacks.
    • Transit camps are government-built shacks.
    • We are not prepared to move from one shack to another.
    • In fact the government shacks are worse than the shacks that we have built for ourselves.
    • Government shacks are too small for family life
    • Government shacks do not have electricity.
    • Government shacks are too hot when it is hot and too cold when it is cold, because they are made entirely of tin.
    • Government shacks do not have toilets, which is a concern especially for women.
    • Government shacks are allocated to a single household, without any consideration for the size of the family.
    • The allocation of government shacks is decided by the government, without consultation from the community. That means the government decides who should be your neighbours.
    • “Transit camps” are not safe. Siyanda residents that have already been relocated to the government shacks were attacked and chased by those living in the surrounding area.
    • Once people have been put in the government shacks there is no guarantee that they will ever get out.
    • Government shacks take away people’s dignity.

    As we stated our last press release, those made homeless by the illegal and criminal Municipal demolitions earlier this year still have not been provided any alternative accommodation – in the Kulula houses, or elsewhere. Not only were these evictions carried out illegally but the residents were prevented from removing their personal belongings from the shacks before the demolitions began.

    We will not accept removal from our own shacks to government shacks.

    We are only prepared to accept houses.

    We wish to send a strong warning that we will not accept anyone coming to our settlement – not the government, their lawyers, their security or other representatives. From now on all documents and communications with our community must take place through the Abahlali baseMjondolo office or through the Abahlali lawyers.

    Bathengisa Ngathi!

    For further information and comment please contact Mamu Nxumalo (076 3339386) or Thembi Zungu (074 3423607) from the Siyanda Abahlali baseMjondolo branch or Louisa Motha, Abahlali baseMjondolo co-ordinator (078 0720499).

    Also see:

  • Siyanda residents wounded by police rubber bullets during road blockade, 4 December 2006
  • What Happened at or to the SMI, 18 December 2006
  • Abantu abampofu namaPhoyisa, 14 January 2007
  • The Strong Poor and the Police, 19 January 2008
  • Victory in Court While Evictions Continue Outside, 26 August 2008
  • Isolezwe: Bebesho ukubakhipha ngodli ezindlini zomxhaso, 16 September 2008
  • Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc., 17 September 2008
  • Siyanda Pictures, 17 September 2008
  • Letter to Obed Mlaba on the Siyanda Crisis from the Centre on Housing Rights & Evictions, 24 October 2008
  • Siyanda – the day before the big march, 9 November 2008
  • Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch, 10 November 2008
  • Pictures of the Siyanda March (1), 10 November 2008
  • Pictures of the Siyanda March(2), 10 November 2008
  • Pictures of the meeting to plan resistance to Bheki Cele’s evictions & pictures of the transit camp to which people are supposed to be forcibly removed, 7 December 2008
  • Bheki Cele Threatens 61 Siyanda Families with Forced Removal, 7 December 2008
  • Siyanda Abahlali baseMjondolo Letter to the State Attorney, 9 December 2008
  • Pictures of the removal to the transit camp (accepted by 2 families), 11 December 2008
  • Siyanda on Google Earth, uploaded 12 December 2008
  • 64 Families Remain in the their Homes and Refuse Eviction to “Transit Camp” Under Heavy Police Presence, 18 December 2008
  • Featured post

    Arnett Drive Resident Shot With Live Ammunition, by Securicor Guard

    Tuesday, 02 December 2008

    Arnett Drive Resident Shot With Live Ammunition, by Securicor Guard


    Nomhle Mkhetho, Thokozani Mkhotli & Nikiwe Zondi

    On Tuesday last week (25/11) Thokozani Mkhotli, from the Arnett Drive settlement in Reservoir Hills, was shot by a Securicor Guard with live ammunition. The bullet entered his left buttock and emerged lower down in the front of his left thigh. The trajectory of the bullet shows clearly that he was shot from behind and from above. Thokozani is 33. He is from Bizana and works as a builder's labourer fixing ceilings.

    Securicor Guards usually come to the settlements with the Municipality when they come to disconnect us from electricity.

    The Struggle for Electricity

    The eThekwini Municipality's 2001 electricity policy states that:

    In the past (1990s) electrification was rolled out to all and sundry. Because of the lack of funding and the huge costs required to relocate services when these settlements are upgraded or developed, electrification of the informal settlements has been discontinued.

    The decision to deny electricity to shack dwellers results in relentless shack fires. This is because people have to rely on candles for lighting and paraffin stoves for cooking and these are very dangerous in small shacks made of plastic, cardboard and wood. In order to keep ourselves safe we are forced to connect ourselves to electricity. We do this very carefully and have never had an accident. Once an area is connected the fires stop, children can do homework and life is safer and better.

    For more on this see A Big Devil in the Jondols: A report on shack fires at http://abahlali.org/?p=4013.

    But the Municipality sends in their workers, sometimes with Securicor guards and sometimes with the police, to disconnect the people. These armed disconnections are often violent and people's property is often damaged or stolen. Sometimes people are arrested. Once the guards or police have gone people immediately begin the work of reconnecting themselves and everyone puts money together to pay the bail of anyone who is arrested. However there have often been fires before the work of reconnecting everyone has been finished.

    For information on recent armed attacks on other settlements to disconnect the people from electricity see:

    Motala Heights: (Pinetown): http://abahlali.org/?p=3931
    Kennedy Road: (Clare Estate): http://abahlali.org/?p=3342
    eMagwaveni (Tongaat): http://abahlali.org/?p=3490

    Arnett Drive

    The Arnett Drive Settlement has been in Reservoir Hills since 1972. Some of the people living there came there after being evicted from Cato Manor in 1959 and then Newlands in 1971. In October last year the Municipality threatened to demolish some shacks in Arnett Drive. In January this year the eThekwini Municipality made an illegal attempt to demolish shacks in the settlement. A court order was secured to prevent the demolitions. The Municipality tried to oppose the interdict in court but judgment on the matter was handed down in August this year and the Municipality lost – the interdict defending the shacks against an illegal attack by the Municipality still stands. For more information you can read these press releasess:

    Illegal evictions threatened in Arnett Drive (October 2007): http://www.abahlali.org/?p=2742

    Illegal evictions attempted in Arnett Drive and stopped with a court interdict (January – August 2008): http://abahlali.org/?p=3235

    The Shooting of Thokozani Mkhotli in Arnett Drive on 25 November 2008

    On Tuesday 18 November Municipal workers arrived at the Arnett Drive settlement to disconnect the people from electricity. They effected the disconnection at the electricity box near the road but did not enter the settlement, which is some distance from the road on the banks of a river running through a valley. They did not take our cables. Although disconnections are often violent this time there was no violence, probably because they did not enter the settlement, and because they did not come with security guards or police. The people reconnected themselves after the Municipality workers left. People always reconnect themselves after a disconnection. We all need electricity – especially the women. It is the same everywhere in South Africa and also in Turkey, Brazil, Nigeria – in all the places where the poor are told to live without electricity and left to burn in the fires. People will not give up their right to electricity. Governments will just have to accept this. But if they don't it is just impossible for them to disconnect everyone every day. We are many, they are few. We will keep connecting until we die.

    On Tuesday 25 November two Securicor guards returned to Arnett Drive. They did not come with Municipality workers which is strange but people assumed that they had come back to disconnect again and, this time, to dig up our cables and take them. People asked them what they were doing there and they said that they had come to disconnect the electricity.

    One of the guards then fired a shot across the river into the settlement. Thokozani was in the toilet in the settlement across the river from the guards at the time. He came out to see what was happening. The guards pointed at him and as he turned to run he was shot, from behind. There was no warning. The people called the Securicor guards to come and help because Thokozani needed to get to hospital and the guards had a van but they ran away. We then called the police telling them that there had been a shooting. They came quickly and we told them that Nikiwe Zondi was walking past the guards on her way to work when they shot Thokozani and that she could identify the man who had shot Thokozani. The police fetched the guards and brought them back with their boss. Their boss said that they had shot Thokozani because he was the one that had reconnected the cables to the box. The Securicor boss took the police to the electricity box to show them our connections. He also said that his guards had been attacked by women with stones. We didn't throw any stones. We just told asked them what they were doing there and told them to go away because this is our place.

    We tried to open a case with the police. As usual they just ignored us. But after Abahlali baseMjondolo put a big pressure on them they opened the case. It is case number 302/11/2008 and the Investigating Officer is M.N. Pillay.

    There are copies of all the documents relating to this case, including the doctor's reports etc, in the Abahlali baseMjondolo office at the Kennedy Road settlement. The office can be contacted on (27) (031) 269 1228.

    The Way Forward

    1. Electricity for all

    We condemn this attack on our humanity. The issue of electricity is becoming an issue of bullets and blood. The solution to this problem is to electrify the shacks. If the government continues to refuse to do this then the shack dwellers will have to complete and defend this work ourselves. On 22 September this year we held a City Wide Shack Fire Summit together with our comrades in the Poor People's Alliance. We took a decision to discuss a country wide defiance campaign in all of our movements. The proposed defiance campaign would take the form of all shack dwellers and other people denied electricity across the country openly connecting themselves in defiance against unjust polices. Please see the statement from the Poor People's Alliance at: http://abahlali.org/node/4238

    2. Oppose the Privatisation of the War on the Poor

    We do not know the Securicor Guard who shot Thokozani. But we might easily find that he lives in a shack himself and that he also doesn't have electricity – that he lives at constant risk of fire, that his kids can't do their homework easily.

    Many Abahlali baseMjondolo members are security guards. It really distresses us that one of our colleagues decided to shoot like this – to even risk killing another poor man for one crime only – the crime of also being a poor man. The man who shot Thokozani needs to answer to us. All the Security Guards who allow themselves to become private soldiers in the war on the poor – evicting people, disconnecting people from water and electricity – need to answer to their brothers and sisters. We need to have serious discussions about this in all our communities and movements.

    It is clear that one of the key problems is the Security Guard's union – SATWU. They only look at issues like wages and even then they don't take a strong stand. Security guards are heavily exploited and yet our bosses tell us to join SATWU – clearly this union is not dangerous to the bosses.

    We need a union that would stand up strongly against the exploitation of security guards but would also stand strong against the use of security guards as private soldiers in the war on the poor. We need a union that would support all its members to refuse to attack poor people for the crime of being poor – a union that would refuse to offer security at evictions and at water and electricity disconnections. We intend to discuss this need for a new union very seriously in our movement and with our comrades in the Poor People's Alliance. We also need to have serious discussions about unions for domestic workers and street traders too.

    In the meantime we will be discussing possible actions against Securicor. This will include protests but also legal action. In the past we have been able to get support for organisations like Amnesty International to sue the police after they have attacked us and shot our members with live ammunition. We will look for support in order to be able to sue Securicor. These companies do not understand our humanity but they do understand money and will think twice about shooting poor people if it will cost them money.

    Securicor is owned by Group 4 Securicor (G4S) in England. We call on our comrades in England to register their protest with the G4S. They can be contacted on +44 (0) 7973 672 649 or media@g4s.com . As well as asking them about this shooting it would also be good to ask them why they have been working for a Municipality that has a history of routinely engaging in behaviour towards its poorest citizens that is not only unlawful but is also criminal – such as violent attacks on peaceful protests and evictions carried out without an order of the court.

    For more on police violence see: http://abahlali.org/node/3245

    For more on unlawful evictions see: http://www.cohre.org/southafrica

    Conclusion

    It is very disappointing that this shooting happens at this time. After years of severe police violence against shack dwellers in the Reservoir Hills, Clare Estate and Sydenham areas our struggle has finally succeeded in forcing the police to recognise our humanity. After years of contempt from the Municipality, life threatening conditions in the settlements due to lack of services and forced removals to rural human dumping grounds we are now progressing well with negotiations with the Municipality to upgrade our settlements where they are. But how can we claim progress when someone can be shot, from behind, with live ammunition, because his community want to keep themselves safe from fire?

    For further information and comment on this shooting or the issue of electricity and fire please contact:

    Thokozani Mkhotli, Arnett Drive: 079 999 0914

    Nomhle Mkhetho, Arnett Drive: 079 258 6043

    Zodwa Nsibande, Abahlali baseMjondolo office: 082 830 2707

    Mashumi Figlan, Security Guard and Abahlali baseMjondolo Vice-President: 079 584 3995

    Featured post

    The Big Threat to Informal Settlements

    http://www.khayelitshastruggles.com/2008/11/big-threat-to-informal-settlements.html

    The Big Threat to Informal Settlements

    by Mzonke Poni

    More than 50% of people who do not have houses in South Africa are living at informal settlements, and informal settlements have been viewed as a step towards getting a house in South Africa.

    Most people when getting to the City from rural areas, most of the time when they come they’ll first squat (live) with their friend, family members or relatives, while they are still looking for a work but once they get a job the first thing that they will think about is to get their own place first so that they can have their own space or privacy. Most of the time people view this option as the best option to jump the queue from the housing list as they know that if they bought a house at informal settlement and when the area is being relocated or being developed they will also benefit as they also owned a house from the area and this most of the time create problem between people who are coming out side the City and with people who have been in the City longer or people who have been born in the City but does not have a house.

    One of the most reason why people buy their own houses at informal settlements is because they want to be independent and they want to be in control of their own lives probably because they are employed and they can afford a shack, 98 % of people who bought shacks at informal settlement when they bought it it’s probably they are employed, have source of income or have a financial support base system, whether a person is having a business or a family member will be supporting that person. There are few people that are living at informal settlement who can afford to buy houses for them selves, but chose to live at informal settlement, most professionals such as teachers, nurses etc that are doing this you’ll find out they are doing because they are contract workers, casual workers, others are unemployed.

    In most cases all this people will be pushed out of the community by people that they are living with not only professionals but all people who works at better places or people who are having valuable goods at their shacks such as DVD home theatre, Computers especially laptops, good looking phones and other valuable items such as cameras, jewellery, expensive clothes etc.

    Not only people who are having valuable items but also people who are contributing meaningfully to the development of people who are living at informal settlements, that is why most of the time people who are living at informal settlements are being represented by people who are not living at informal settlements because people that are coming from informal settlements do not want to play active role as they fear their lives because they are not safe because of the conditions that they are living under off. Most houses at informal settlements does not even have a yard, and the security of everyone is being compromised by the conditions, the areas are very dense.

    If you turn to differ with others at a community meeting or you supported a serious decision in favour of others and against others it is likely possible that you become the victim or the target, because of this most people who are living at informal settlement they are happy with the fact that they are still employed and they are still able to provide for their families, because of this they chose not to involve them selves at issues that are happening at a community level not because they don’t want to be involved but because they fear for their lives.

    As a results of this our communities are divided, and people sing different songs and as a results of this our communities are being ruled by the thugs. Tsotsi’s (thugs) they do as they please at our communities, they rule our communities. They have big guns and big knives. All these tsotsi’s are known to our communities, they rob a cell phone from one corner and they sell it to the other corner from the same community, they steal a DVD from one house and they will sell it to the other house. They still from the same community and they will sell it from the same community and people are enjoying buying cheap goods from tsotsi’s without understanding that they are destroying our communities.

    This has became a big threat to our communities.

    From Site B, Town two to Site C, everyone is talking about tsotsi’s and when people talk about tsotsi’s you might thought that they are talking about people that they don’t know whereas they talk about people that they know, when community meeting is called to address the issue of crime, people will not participate or they might surprise you, they can take a total different position and you will be viewed as someone who is having a personal problem with tsotsi’s, and now they will not be called as tsotsis they will be called by their names by the very same people that they were calling them as tsotsis.

    If you want to be a target at our communities call a meeting and start addressing the issue of crime and you will be a target, few people will support you but the majority will sit back or not participate at all.

    The worst part is these tsotsis will shoot, or kill someone in front of people and no one will come out and say ‘I’ve seen who killed the other person’, and this means your security is being compromised by your neighbour and by your community, this means the are people around you but you are not safe.

    When something happens in our communities the first people that we criticized of their incompetence are the police, how can you criticized them when reporting a crime scene and no one saw a suspect or no one is willing to come out and testify against the suspect? I am not sure what kind of communities that we are building, if people does not want to unite and deal with this threat, if we are not taking the issue of crime at our communities serious we are going to lose skilled people at our communities and we’ll always be the victims of the system as there will be no skilled people at our communities to address issues that affect our people such as lack of tapes, toilets and electricity as a results of this our communities will not be developed but be
    destroyed by the tsotsis and the system.

    If at each an every corner of our communities we can make sure people comes together and fight crime we can be able to build crime free communities and our skilled people who were forced out of the community by uncalled activities can be able to come back to our communities and contribute with skills that they have in order to advance the interest of the poor.

    When people address the issue of crime, I am not saying community must be up into arms and try to solve crime with crime, I think when someone is ding justice is doing something that will be proud of where a person will be able to say a justice has been done, but killing someone is not justice, or beating someone is not justice.

    The are few options that are available at communities to address the issue of crime.

    Before we want to deal with this threat to our communities, first we must understand the cause of crime at communities, because if we don’t understand the cause then we will fight a losing back battle at our communities and we will be frustrated and lose control, as a results of this we will start beating people or stoning people to death with a thought that we are dealing with crime at our communities.

    The reality is whether we like it or not crime will not be combated through two popular systems that are in favour of many people at our communities

    1. Jail system
    2. Community Justice

    Jail System.

    The jail system is not a good system especially for rehabilitation, instead of rehabilitating a person it only build a criminal. The system is not working and it need to be scraped or overhauled completely. In my view most people that goes to jail are innocent and are being failed by the system. Most of the time people steal things that they don’t need, but for selling them so that they can get cash/money to survive. This means the system has failed that person. It is the responsibility of government to create job opportunities for people who are unemployed,and create skills training program and income generating project for people who does not have any educational qualification of formal educations.

    Most people who commit crime at our communities does not have any educational qualification and most of them are unemployed and some of them does not even have matric, they have dropped at high school for certain financial reason. All people who commit crime goes to jail, it doesn’t matter whether you have killed someone or stole from someone else, if you go to jail you all go to the same system, and most people today who are criminals are being built by the jail system, someone make a mistake and stole someone’s television because that person was very desperate for money not even for drugs but for for food, as part of that you’ll find out when people steal things they don’t steal things because they want them, they steal them because they want to sell them in order to make cash. If people steal things because they want to get cash in order to survive, can we really say they deserve to go to jail and mix with big criminals who killed people, and raped people? If we do then what we are doing we are contributing on building stronger criminals, because these people when they are arrested they are being recruited by gangsters, and when they come out of the prison they join or form gangsters, what does this mean? This means by sending people to jail we are sending them to be trained as
    criminals.

    The way forward

    Everyone does make mistakes, as human beings and we all need a second chance in life. Crime can not be combated through the jail system but through creating employment, skills training program and creating income generating programs for unemployed people. If people commit crime in our communities that person has commuted crime on a community level and that person must be punished on a community level not by sending a person to jail. A person must do a community service for a certain period, and while a person is doing a community service such person must be capacitated with life skills and it should be a must for a person to participate at these life skills programs and also those who commit big crimes such as arm robbery they also need to be given a second chance before people are being send to jail, and when people undermine this kind of system of community service it is then that they’ll need to be send to jail and when they are being send to jail they must face a life sentence, so that people can understand that committing crime is a serious offence, and people were given the second chance. I believe we all make mistakes, and I’ve seen people making mistakes and admit that they’ve made a mistake, and if they had stolen people’s goods they’ll return them and ask forgiveness and people are being forgiven and if it means they must pay back whatever they’ve sold they are able to do that, but if such person was sent to jail that person would not have asked for forgiven, instead he or she would have go straight to jail and it is highly possible that person at jail would have joined one of gangsters.

    Community Justice System

    This is not a good System of justice but a system of heartless people, who are frustrated and fedup with these uncalled activities, but when looking at this system very close you’ll find out the same people that beat people to death are the very same people that failed those people at their communities, because these people that commit crime in our communities are people that we live with and most of the time these people are being failed by us, community members, they suffer in front of us and there’s no one who is willing to share with them, instead of helping them we gossip about them, most of the time when people commit crime especially at a community level they’ll steal electric wires, phones, do house breaking, steal money, rob people make the community unsafe etc.

    They are doing it because they are unemployed and they are hungry and there’s no one is willing to assist them instead of seeing the community as a place to protect they see the community as a place to make money through these uncalled activities and they also joined gangsters, and share the information about their community with other gangsters, they’ll go and rob at other area and people from other area comes and commit crime at heir area, and this makes the community unsafe for everyone.

    Way forward

    This kind of system can also be prevented by the community members only if everyone cares enough about other human being, part of the challenges will be this so called capitalist system which does not enable people to learn to share with those that they don’t have, instead it create division and competition in our communities.

    It becomes difficult for people to help others especially if they’ll will not benefit from the process,in our days people at our communities will only help you only if the is something in return and this kind of attitude is the one that lead those that does not have to join gangster and steal from those
    that they have within the community.

    Each and every community must accept local responsibility and come up with their community program on how to prevent crime. People who are unemployed at our communities are known by community members and people who are on drugs are known at our communities, people who steals cars are known to our communities, people who are robbing people are known at our communities, then what makes it so difficult for people to manage these issues at our communities, there’s nothing at all but its just that our communities are divided and these criminals they are taking the advantage of such division within our communities, and these people that are committing crime most of the time are not living alone they are living with their family members or their parents.
    There’s nothing that can not be controlled and managed at a community level.

    In conclusion

    1. If government does not finance and empower communities to initiate their own community programs such as skills training and development crime will not be combated at our communities and people on the ground will remain the victims of crime and more money will be spend on building more jails and on criminals.
    2. As long as the educational system does not support those children who comes from highly disadvantage communities then will continue having more people dropping out of school before they finish Matric and eventually they’ll join gangsters in order to maintain themselves.
    3. As long as government continue implementing these so called neo liberal based policies, that create gap between the poor and the rich, crime level will continue increasing on a daily basis.
    4. As long as people at a community level view crime as something that need to be dealt with by the Police, the Police will continue failing community members, because without the help of the community members the Police will always failed our community.
    5. As long as people are still under paid at work and the price of food keeps increasing the crime rate will not be tackled, as long as goods are not affordable to certain group of people crime will always increase at our communities.
    6. As long certain jobs are not being created , the crime rate will continue increasing at our communities
    7. As long as public private partnership is still the option crime will continue increasing at our communities.
    8. As long as people are still homeless, unemployed, and are still living under the appalling conditions, crime will not be combated.

    By: Mzonke Poni
    0732562036
    ABM WC Chairperson
    mzonkep@gmail.com
    www.khayelitshastruggles.com

    Featured post

    Film: A Place in the City

    http://www.fahamu.org/publications/item/a_place_in_the_city/

    A Place in the City

    Nearly 15 years since apartheid ended, millions of black South Africans still live in self-built shacks – without sanitation, adequate water supplies, or electricity.

    But A Place in the City will overturn all your assumptions about ‘slums’ and the people who live in them.

    In this film, shot in the vast shack settlements in and around Durban, members of Abahlali baseMjondolo, the grassroots shackdwellers’ movement, lay out their case – against forcible eviction; for decent services – with passion, eloquence, and sweet reason. The film captures the horrible conditions in which shackdwellers live – but it also captures Abahlali’s bravery and resilience, in a political climate where grassroots campaigners like them are more likely to be met with rubber bullets than with offers to talk.

    ‘For the first time now’, says S’bu Zikode, Abahlali’s elected leader, ‘poor people have started to speak for themselves. Now, that challenges those who are paid to think for us – who are paid to speak for us.’

    At the heart of Abahlali’s struggle is the struggle for meaningful citizenship rights for South Africa’s poor majority. ‘Or does freedom in South Africa,’ asks Abahlali volunteer organiser Louisa Motha, ‘only belong to the rich?’

    Price: £9.99
    Publisher: Made with assistance from Fahamu through a grant from TrustAfrica
    Date: Nov 2008
    ISBN(13): ISBN: 978-1-906387-41-9

    Edited at VET, Hoxton Square, London
    Editor: Duncan Harris
    Filmed, produced and directed by Jenny Morgan
    Grey Street Films 2008

    Featured post

    Ten Thousand to March on S’bu Ndebele in Protest at eMacambini Evictions

    Tuesday, 25 November 2008
    eMacambini Anti-Removal Committee Press Statement

    Ten Thousand to March on S’bu Ndebele in Protest at eMacambini Evictions

    Date: Wednesday 26 November 2008
    Time: 10:00
    Route: From Isithebe airstrip to the Mandeni Municipal Offices

    At least ten thousand people are expected to march on KwaZulu-Natal Premier S’bu Ndebele tomorrow morning. A memorandum will be handed to the Premier warning him to immediately retract his plans to evict 10 000 families from eMacambini and to cease his collaboration with new forms of colonialism.

    The march has been organised by the eMacambini Anti-Removal Committee which has been formed by the eMacambini Development Committee which has been democratically elected by the community. The eMacambini Anti-Removal Committee is rejecting all forms of party politics.

    eMacambini stretches over 19 000 hectares of coastal land. It is a very beautiful place. The soil is rich and the land is fertile. Our ancestors have lived here for generations and they have always defended this land against every threat. Their graves are on this land.

    S’bu Ndebele has promised 16 500 hectares to Ruwaad Holdings from Dubai so that they can build a playground for the rich of the world including the AmaZulu World Themepark, a shopping mall eight times the size of the Gateway mall hotels, a game reserve, six golf courses, residential areas, sports fields and a R200 million 100m high statue of Shaka Zulu at the Thukela river mouth. They will take the beach from the Thukela River past the Amatikulu river until Dodokweni.

    The plans hatched by Ndebele and Ruwaad will result in the forced removal of 10 000 families from their land. Those that qualify for housing subsidies will be resettled in tiny RDP houses in a 500 hectare township near Mandeni. Even if you have a big house now you will be forced into a tiny RDP house. Those that do not qualify for housing subsidies will be left homeless and they will have to fend for themselves. More than 300 churches as well as 29 schools and 3 clinics will also be lost. The government statistics say that there is 40% unemployment here in eMacambini. What they don’t understand is that 25% of the people here are not willing to go to work and want to be the bosses of themselves – they are living through the land and through the ocean.

    Here we are growing sugar cane, vegetables and fruit. Here we are raising cattles, sheep and goats. Here some of us survive on fishing.

    Here some of the land is owned by private individuals but there is a lot of communal life too. The sea, the rivers and the valleys are all held in common. The water in the rivers, the wood in the forests, the fish in the sea, the sand on the river banks, the medicinal plants and the pastures are all free for everyone.

    There will be no compensation for what we will lose. There will just be a swop of land – a 500 hectare township for 16 500 hectares of beautiful and free land with rivers, valleys, pastures and beaches. In the townships there will be nothing for free. We will have to pay rates there.

    People are feeling like they are being forced to give up on their heritage. They do not want to leave the land of their ancestors. They do not want to leave the graves of their ancestors.

    What was called ‘forced removal under apartheid’ is now called ‘relocation’. We are told that we ‘do not understand development’ and that we ‘need a workshop in order to understand development’. We understand this kind of development very well. It is new words for old forms of oppression. Relocations are forced removals. This is a new kind of colonialism. We will not be workshopped into accepting the loss of our land and our heritage. We will not be workshopped into accepting our own oppression.

    It is not that we are against all development. If development can be negotiated with the community and plans can be made that will benefit everyone in the community then we will support that development. There are some vacant lands here and we are prepared to negotiate about how that land can be developed. We have been discussing plans for the development of the vacant lands.

    S’bu Ndebele is suing the eMacambini Inkosi for R2.5 million and he is suing the SABC for R2.5 million because he claims that we was defamed when the Inkosi told the truth on SABC. He must know that he is suing the whole community. This is just a way to try and intimidate us so that we will be silent about this forced removal and the theft of our land. We will not be intimidated and we will not be silent. We are angry. We are red. We will show our anger. We hope that the SABC and other media will also refuse to be intimidated.

    This is supposed to be the time in which land is returned to those from whom it was taken under colonialism and apartheid. This is supposed to be the time of redistribution. We never thought that this would be the time of a new colonialism – a time when our land would be taken to us and given to Ruwaad Holdings so that rich people in Dubai can get richer by turning our land and our heritage into a playground for the rich of the world. We know that Dubai is based on a ruthless apartheid between the rich and the poor. Apartheid was defeated in this country. We will not allow the people from Dubai to bring a new apartheid here and we will not allow S’bu Ndebele to sell us to this new colonialism.

    We have a right to a good place to live. We have a right to our place.

    The first phase of AmaZulu World is supposed to begin in December this year. The last phase is supposed to conclude twenty five years later. People are living in fear and uncertainty about their future. Children wake up scared in the night. Old gogos are having high blood pressure.

    Our ancestors fought for this land. We will fight for it. If necessary we are prepared to die for it.

    For further information or comment please contact the following members of the eMacambini Anti-Removal Committee:

    Moffat Chili: 073 409 8625
    Herbert Mbambo: 082 309 1637
    Bheki Lushozi: 083 885 1448
    Shando: 083 684 4562

    The march on S’bu Ndebele is also supported by the KwaZulu-Natal Regional Christian Council. For further information or comment please contact Rev. Buthelezi on 082 754 6476

    This press statement and the march on S’bu Ndebele are also supported by the Poor People’s Alliance. The Poor People’s Alliance is an unfunded alliance of radical grassroots movements that is constituted by Abahlali baseMjondolo (KwaZulu-Natal & Western Cape), the Western Cape Anti-Eviction Campaign (Western Cape), the Landless People’s Movement (Gauteng) and the Rural Network (KwaZulu-Natal). Comrades from Abahlali baseMjondolo (KwaZulu-Natal) and the Rural Network will be physically present at the march tomorrow.

    For further information or comment please contact:

    Abahlali baseMjondolo (KwaZulu-Natal): Zodwa Nsibande – 082 830 2707
    Abahlali baseMjondolo (Western Cape): Mzonke Poni – 073 256 2036
    Landless People’s Movement (Gauteng): Maureen Mnisi –082 337 4514
    Rural Network (KwaZulu-Natal): Rev. Mavuso – 072 279 2634
    Western Cape Anti-Eviction Campaign (Western Cape): Ashraf Casiem – 076 186 1408

    Featured post

    Another Kennedy Road Child Attacked by a Rat

    Late last night 15 month old Mzomjani Mvunyiswa was attacked by a giant rant and bitten on the hand, leg and forehead.

    Mzomjani is the third infant to be attacked by a rat in the settlement this year. In January Nkosi Cwaka died after a rat attack and in July Wandile Cikwayo was seriously injured when a rat gnawed at her fingers.

    These attacks are a direct consequence of the failure to provide adequate refuse collection to shack settlements. The movement does what it can to organise clean up days, weekly fires to burn the rubbish and so on. But despite years of struggle around this issue, and many promises, refuse collection remaims entirely irregular and inadequate. The remains from the last fire have still not been picked up despite promises that this would be done quickly.

    The government is very good at sweeping shack dwellers out of the cities as if we are rubbish but very bad at playing their role in removing the real rubbish from our settlements to help to make them clean and safe. The message to us is clear – stay in the cities without services and be burnt in the fires, waste our lives in the water queues, be raped in the night looking for a private place to go the toilet and have our children attacked by giant rats OR accept relocation to the human dumping grounds outside the cities where those of us that are not left homeless in the relocation we will probably get services after a long wait but will have to live a hopeless life without community and without access to work and schools.

    For more information and comment contact Mzomjani’s mother Nonkululeko on 072 273 7092 or Zodwa Nsibande from the Abahlali baseMjondolo Youth League on 082 830 2702.

    Sekwanele! We demand services in the cities. We demand refuse collection, toilets, electricity, more taps, drainage, foot paths, community centres and creches for all.

    http://abahlali.org/node/3786

    17 July 2008

    This morning a 2 month old baby, Wandile Cikwayo, was attacked by a rat that gnawed her fingers very badly. An ambulance was called but they refused to come and directed Wandile’s mother, Nonhlanhla, to the local clinic. However the security guards at the clinic were chasing people away saying that there were only two nurses on duty and that the people must come back another day.

    Abahlali managed to arrange for a comrade with a car to take Nonhlanhla and her daughter to King Edward Hospital.


    Nonhlanhla Cikwayo with her 2 month old daughter Wandile

    This is the second time that a child has been attacked by a rat in Kennedy Road. In January this year a 4 month old baby, Nkosi Cwaka was killed by a rat. On 27 April 2008 Abahlali baseMjondolo held the third annual UnFreedom Day event on the site where Nkosi Cwaka was killed by the rat. Bishop Rubin Phillip gave a famous speech calling for justice for the poor.

    The problem of rats its closely linked to the problems with refuse collection. Most settlements still do not have refuse removal. Some of the Councillors, like the notorious Derek Dimba in Pinetown, openly say that shack dwellers are ‘illegal’ and will never get services until we agree to move to the human dumping grounds out of the city. As we said before a person cannot be illegal. As we said before we are struggling for land and housing in the cities and for services like electricity, water, toilets and refuse removal in the settlements while we wait for housing.

    There has been refuse removal at the Kennedy Road settlement since the big Clean Up Campaign organised by the Kennedy Road Development Committee and the DSW has provided a skip for rubbish to be safely stored before collection. But access for the refuse trucks remains a problem and we need a road that goes right down inside the settlement so that all the rubbish can be picked up.

    Abahlali is calling for proper refuse collection in all shack settlements now and for an end to the attempts to use service delivery to try and persuade people to accept forced removals. Rats and fires should not be the price of city life for the poor. We are calling for cities for all. Cities in which no one is illegal because they are poor or because they were born in another country.

    For more information and for comment please contact Lungi Mgube on 0833305392 or Phumza Grangxa on 0732743666.

    Update: 23 July 2008 Click here to read a short article in The Mercury on the plague of rats, here to read an article in The Sowetan that, unfortunately, only gets the views of City officials…., here for a follow up in the Daily News on 28 July that does the same….and here for an article in the Sunday Tribune on 3 August 2008 that takes the views of the community’s elected leadership seriously.

    http://abahlali.org/node/3246

    28 January 2008

    In 2005 S’bu Zikode’s widely translated and republished article ‘We are the Third Force’ said: “You must see how big the rats are that will run across the small babies in the night.” One would have thought that the City would have responded by immediately scheduling an urgent meeting to discuss the rat problem with Kennedy Road residents. Instead Zikode was forced out of his job and arrested on trumped up charges and beaten up in the Sydenham Police station and widely slandered by politicians.

    Now some officials are saying that the problem is the nearby municipal dump in a cynical attempt to misuse this tragedy to justify their plans to forcibly remove Kennedy Road residents out of the city. Others are saying that shack dwellers are not sufficiently concerned with cleanliness. In fact the rat problem occurs in all the shack settlements where there is no or insufficient Municipal refuse removal. It is not just a Kennedy Road problem and it is certainly not because shack dwellers are not clean enough. When people without proper access to clean water get cholera they are told that they must ‘learn to wash their hands’. The solution to the rat problem is not to give some NGO a contract to run cleanliness awareness workshops. The solution is refuse removal for all. Always the poor are blamed for the suffering forced on them by the rank contempt of the rich. If education is the right response to these kinds of tragedies it is the rich that need to be educated – educated in their common humanity with the poor, educated to understand that being citizen who has rights because you are a person and being a consumer who has rights because you have money are not the same thing.

    In fact some academic interview based accounts of the break down in the relationship between the Kennedy Road settlement and Ward Councillor Yakoob Baig in 2005 point to the fact that Kennedy Road residents launched their own clean up campaign that year but the City refused to come and collect the rubbish that they had collected because they were not ratepayers and therefore were not supplied with the Municipal refuse bags which are the only refuse bags that the City will collect. The struggle to ensure that people who can’t afford to be consumers can still be citizens with a right to speak their minds freely and with access to decent land, housing, water, education, refuse removal, health care, child care, libraries, sports facilities and just policing continues. Bahlali bayanda.

    Scroll down for various articles on this story from hell, this story from down the road

    http://www.isolezwe.co.za/index.php?fArticleId=4226842

    Ingane ilunywe yigundane okhakhayini yafa

    Isolezwe
    Front Page
    January 28, 2008 Edition 1

    PHILI MJOLI

    SIDUVE endlini ubusuku bonke isidumbu somntwana onezinyanga ezine wasemijondolo ekuKennedy Road, eThekwini, okuthiwa ulunywe yigundane elikhulu okhakhayini waphetha ngokushona.

    Kucishe kwaze kwaphela nosuku lonke lwayizolo isidumbu sikaNkosi Cwaka siduve emjondolo okuhlala kuwo abazali bakhe njengoba ubengayisiwe emakhazeni.

    Ngesikhathi Isolezwe lihambele kule ndawo abazali bakhe bathe abanayo imali yokumyisa emakhazeni. Isidumbu sakhe besimbozwe ngengubo behleli eduze kwaso.

    Kuthiwa lo mntwana ulunywe igundane elisabunzi nokuthiwa adlangile kule ndawo.

    Isehlakalo sokulunywa yigundane kukaNkosi kuthiwa senzeke ngoLwesihlanu kusihlwa kanti uze wagcina eshone ngoMgqibelo ebusuku.

    Ubaba wale ngane, uMnuz Mfundiseni Cwaka (25) odabuka ePort Shepstone, ubesadidekile ethi akazi ukuthi uzosikhokhela ngani isidumbu sengane yakhe uma esiyisa emakhazeni.

    Uthe nakuba edidekile ngokumehlele, kodwa okuyinkinga enkulu wukuthi akasebenzi, ubamba amatoho, akanayo imali yokubhekana nezindleko zokungcwaba ingane yakhe.

    Uthe wafika ngoLwesihlanu indodana yakhe yopha ekhanda nasesandleni. Uma ebuza kunina ukuthi ngabe kwenzenjani, wamtshela ukuthi ilunywe yigundane ngesikhathi bezicambalalele embhedeni ntambama.

    “Umama kaNkosi uthi waphaphama ingane ikhala wathi uma ethi uyayibheka wabona igundane lisekhanda kuyo, wayithatha kodwa nalo laqhubeka nokuyiluma waze wayidonsa ngenkani,” kuchaza yena.

    Unina, uNksz Ntombikayise Mzobe (22), obehleli eduze kwesidumbu sengane yakhe ubelokhu ebheke odongeni engathi vu, elokhu egobodisile.

    UCwaka uthe indodana yabo ishone bengakayihambisi kodokotela noma esibhedlela ngoba bekuvaliwe ngempelasonto, bebelinde ukuthi kuvulwe namhlanje.

    “Umtholampilo wakule ndawo uvalwa ngehora lesine ntambama ngoLwesihlanu uze uvulwe ngoMsombuluko. Ngenxa yokuthi besingenayo imali asikwazanga ukuhambisa ingane kudokotela ozimele,” kusho uCwaka.

    Omakhelwane bathe amagundane amakhulu yinto ejwayelekile kule ndawo ngoba asuke ezifunela ukudla okuchithwa noma kanjani, kodwa akekho umuntu owake walunywa yilo.

    Okhulumela amaphoyisa kulesi sifundazwe, uDirector Phindile Radebe, uthe isidumbu sigcinwe sithathwe ngamaphoyisa endawo sagcinwa emakhazeni kahulumeni izolo ntambama.

    “Kuyaphenywa ngalesi sigameko,” kusho uDirector Radebe.

    Ngo-2006 uMkhandlu weTheku wethula uhlelo lokuthi kuzanywe ukuqedwa kwamagundane agcwele emijondolo nokwakuhlelwe ukuthi luqale eMkhumbane, kodwa abahlala kule ndawo baluchitha lolu hlelo bathi bafuna kuhlanzwe indawo kuphinde kwakhiwe izindlu ezisemweni, ngaleyo ndlela azophela amagundane.

    UNksz Neeri Govender, wophiko oluthatha imfucuza, uthe akanayo imininingwane ephelele ngokuthi lolu daba lwaphelelaphi, kodwa wethembisa ukuthi uzoba nayo namhlanje.

    Iwebsite ye-Institute for International co-operation in Animal Biologic iyakuvuma ukuthi amagundane ayingozi futhi kungenzeka uthole ubuthi kuwo, ushone uma ungelashwanga ngokushesha.

    Le website iveza ukuthi ziningi izifo ezidalwa ngamagundane noma engakulumanga. Phakathi kwazo kubalwa ileptospirosis okuthiwa isabalala ngokuthi igundane lichamele amanzi noma ukudla okuzosetshenziswa ngabantu. Lokhu kungagcina ngokukhubaza amasosha omzimba kubantu.

    Kuthiwa ubuthi obudlulela kubantu ngokulunywa yigundane bungahlala emzimbeni izinsuku eziyishumi, kodwa ungasinda uma ubonane nodokotela ngokushesha noma uhlale eshisayo imizuzu engu-15.

    http://www.themercury.co.za/?fSectionId=&fArticleId=vn20080129031842966C877842


    “Baby ‘bitten by rat’ dies

    Mercury
    29 January 2008, 09:19
    By Sinegugu Ndlovu & Phili Mjoli

    An inquest had been opened into the death of a four-month-old baby who died on Saturday after he was bitten on the head by a rat.

    Nkosi Cwaka, who lived with his parents at the Kennedy Road informal settlement in Durban, was bitten on Friday but died on Saturday because his parents could not afford to take him to a doctor or to the local clinic, which closes at weekends.

    Ntombikayise Mzobe, 22, Nkosi’s mother, said she and the baby had been taking a nap when she was woken up by the child’s cries. She said she had seen a huge rat bite into Nkosi’s head and took the child into her arms, but the rat would not let go. “The rat eventually let go and my child’s head and right arm were bleeding from the bites. We were waiting for the clinic to open on Monday, but Nkosi died on Saturday,” she said.

    S’bu Zikode, president of the shack-dwellers’ movement, Abahlali baseMjondolo, said although Nkosi’s death was the first to have resulted from a rat bite, shack dwellers had often reported being bitten by rats.

    He said shack dwellers had been complaining to the city about the problem, but their concerns fell on deaf ears.

    “Shack dwellers and our children are not looked after. Rubbish is not removed, which provides a breeding ground for these rodents.,” said Zikode.

    The eThekwini health department’s Urmila Sankar said rats were a problem across the city.

    “The main problem is prevention. Our prevention capacity is limited because we can’t set rat and poison traps in residential areas because people could get injured or poisoned. We have clean-up campaigns for informal settlements, but people don’t keep up the level of cleanliness,” she said.

    Sankar added that her department would visit the Kennedy Road informal settlement and reinforce the clean-up campaign.

    Police Dir Phindile Radebe said an inquest docket had been opened.

    http://www.sowetan.co.za/News/Article.aspx?id=693632
    Sowetan
    Front Page

    Killer rat strikes

    Mhlaba Memela
    29 January 2008

    POVERTY: Children playing outside their shack at Kennedy Road informal settlement in Durban, where a child is said to have died after being bitten by a rat. PHOTO:MHLABA MEMELA

    MOURNING: Ntombikayise Mzobe, left, whose son Nkosingiphile died after being bitten by a rat. With her is her sister Smangele and her child Smangaliso. PHOTO: MHLABA MEMELA

    The parents of four-month-old Nkosingiphile Cwera, who died after being bitten by a rat at the Kennedy Road informal settlement in Durban, are still in shock.

    Ntombikayise Mzolo, 23, and her baby were cuddled on their old iron bed on Friday when the rat is said to have bitten the baby.

    The distraught father, Mfundiseni Cwera, 25, told Sowetan that despite their poverty, “my son was a blessing from God”.

    “This evil rat bit my son on the head. We initially did not take it seriously because rats are common in this shack settlement.

    “My son became very sick and died on Sunday,” said a grieving Cwera.

    Police spokesman Michael Read said the matter was under investigation.

    “We are still awaiting the results of a postmortem to establish the exact cause of the baby’s death.

    “We have also been informed that the baby was bitten by a rat,” Read said.

    The community was also shocked as they gathered in the small shack to support their traumatised neighbours.

    “Since we stay near a dumping site, rats run straight into our homes. Some of these rats are as big as cats and are not scared of humans.

    “They eat our food. It is not a healthy place for our children but we have no choice,” said a woman resident.

    Thousands of impoverished people live in the filthy Kennedy Road shack settlement – a few metres away from a municipal dumping site.

    Residents of this shack settlement are mostly unemployed and uneducated.

    They are forced to scavenge for food from the nearby dumping site because they cannot access state grants.

    Toddlers who should be in pre-school spend the day running around the dumping site.

    Lindela Figlan, the local chairman of Abahlali Basemjondolo, was shocked by the incident.

    “We are trying to help the family. It’s painful because these rats will kill more children.

    “We appeal to the municipality to do something about this situation. We need homes,” Figlan said.

    eThekwni Municipality manager Mike Sutcliffe expressed shock at the child’s death.

    “We are the only city in the world trying hard to give decent houses to our people,” he said.

    Sutcliffe urged the family to make an application to the municipality’s parks and recreation department for help to bury the child.

    http://www.isolezwe.co.za/index.php?fArticleId=4228565
    Isolezwe

    Babanga indawo namagundane, izinyoka nemfucuza

    Cindezela lapha ukubona Isolezwe

    January 29, 2008 Edition 1

    PHILI MJOLI

    IPHUNGA likadoti, elendle, amanzi agelezayo, izimpukane, intuthu yikho okukuhlangabeza emijondolo ekuKennedy Road, eSydenham, eThekwini.

    Le mijondolo kuthiwa ayigcini ngokuba yikhaya lezinkulungwane zabasebenzi abahola kancane nabadabuka ezindaweni ezikude neTheku, nabanye abangasebenzi kodwa iphinde ibe yikhaya lamagundane, izinyoka nesidleke samaphela odumo eTheku.

    Ngempelasonto elinye lamagundane amakhulu azicanasela kule ndawo lilume ingane enezinyanga ezine ekhanda yagcina ishonile.

    Yisigameko sokuqala sokuthi kushone olunywe yigundane kule ndawo, yize kwaziwa ukuthi maningi futhi ayabaluma abantu.

    UNksz Nothando Chamane oneminyaka emihlanu ehlala kule ndawo uthe ngemuva kokuzwa ngalesi sigameko akasakwazi ukulala.

    “Nginengane enezinyanga ezintathu, nginovalo lokuthi leli gundane elilume le ngane eshonile, kungezeka libuye lisihlasele nathi,” kusho uNksz Chamane.

    Eduze kwale ndawo kunothango, ngaphakathi kwalo amaloli ayehla ayenyuka azothulula imfucuza, amanye athulula amakhemikhali okubulala ubuthi emfucuzeni.

    Amakhemikhali kuthiwa yiwo abhebhezela imililo edlula nemiphefumulo yabahlala kule ndawo cishe minyaka yonke. Noma kunjalo kubantu abahlala khona, bayithatha njengendawo ephephile futhi eseduze nezindawo abathola kuzo amatoho.

    UMengameli wehlangano yabahlala emijondolo eThekwini, eyaziwa ngokuthi Abahlali baseMjondolo uMnuz Sbu Zikode, uthe indawo ayinankinga uma nje kungathuthwa imfucuza.

    Utshele leli phephandaba ukuthi iloli ethutha imfucuza ifika kanye ngesonto kanti uma seligcwele kukhona osasele alibe lisabuya.

    Ngokwazi isimo abanye bomphakathi wakule ndawo ababe besalinda bavele bawushise kudaleke intuthu.

    UZikode uthe bangaphe-zulu kuka-7 000 abantu abahlala kule ndawo.

    UNkk Urmila Sankar wophiko lwezempilo eMkhandlwini weTheku, uthe inkinga yamagundane ivamile kuleli dolobha.

    UMnuz Nkosinathi Nkwanyana wophiko oluqoqa intela okuyilo olucisha ugesi uma kwenzekile bazifakela ngokungemthetho, uthe akuvumelekile ukuthi uMkhandlu ufakele abahlala ezindaweni ezingakathuthukiswa ugesi.

    UNksz Dora Zulu bathi baphila ngokuwagada kuhle kwezinkukhu amagundane.

    “Siwagada nje ngoba siyazi ukuthi ngemuva kwegundane kunenyoka ecabanga ukuthi izolidla, amakati avele abaleke,” kusho yena.

    http://www.isolezwe.co.za/index.php?fArticleId=4230356

    Umbono weSolezwe
    Baphila kanzima emijondolo

    January 30, 2008 Edition 1

    ININGIZIMU Afrika iyizwe elihlukene izigaba eziningi. Kulo leli zwe kukhona izimpunyela ezingomzimbukhalimali. Kulo leli lengabadi kukhona abaphila kahle nabangenayo inkinga yokuthi bazolala bedleni futhi bahlala emizini kanokusho. Kukhona abahlala ezindlini ezibizwa ngemixhaso ezingamakopi. Kukhona abasahlala emijondolo eyakhiwe ngamaphepha, ngodaka ngangamapulangwe, futhi abangenawo amandla okuba nemizi ecacile eduze namadolobha.

    Ngakolunye uhlangothi kunemiphakathi ethe chithi saka nezwe lonke ekhosele ezindlini zodaka, abanye abazibiza ngovezunyawo. Kulo leli kukhona abalala ezintabeni, beqhuqhwa ngamakhaza ebusika, kuthi abanye bejabulela ukuqhakaza kwentwasahlobo bona babikelwe wukuthi sekuyisikhathi sezimvula. Kukulo leli lakithi lapho kugcwele khona amahlongandlebe, izigebengu ezidlisa isizwe ngamapayipi, abadlwenguli, nokunye okuningi okunganambithisiseki. Zonke lezi zimo zitholakala kuleli zwe elimnotho onconywa ngapha nangapha ngokuthuthuka kwawo.

    Kuningi futhi okuhle okungakhulunywa ngakho, kodwa okuphambana nokuzwa ububha nesimo imiphakathi ethile ebhekene nabo. Uma ungakaze uyihambele indawo efana nemijondolo yaseNyanga, eKapa, nezakhiwo ezikuKennedy Road, eSydenham, eThekwini, kunzima ukuqonda kabanzi ngobunzima bokuhlala emijondolo.

    Kuleli sonto sibike ngesigameko lapho kuthiwe “inkunzi” yegundane lilume ingane ekhanda yagcina ngokushona, khona kuKennedy Road. Leli phephandaba libe selilandela lolu daba ngokubika ngesimo umphakathi walaphaya ophila ngaphansi kwaso.

    Kuyadabukisa ukuthi kokuningi okushiwo yiFreedom Charter kubantu bakuKennedy Road akusebenzi. Le ndawo ifana nesidleke sezifo ngendlela okugcwele imfucuza ngayo yonke indawo. Amanzi angaziwa nokuthi aqhume kuphi axhaxhaza yonke indawo. Izingane ezincane zizithola zisengozini yokulimala ngoba zidlala ezibini, nokugula ngokusondelana nenhlanganisela yodoti engaqoqwa noma engabuthelwe ndawonye ngendlela.

    Asinakho ukuqonda ngezizathu zalokhu njengoba kuhlale kunomdonsiswano phakathi kweziphathimandla zikaMasipala nabamele lo mphakathi. Le ndawo njalo iseduze ngokuxakile nobukhazikhazi bedolobha leTheku. Ithe khaxa phakathi kwamangelengele amajalidi kanokusho lapho ukukhwehlela kwengane kuba yindaba ebizelwa udokotela. Ku-Kennedy Road kuze kuzwakale ngoba ingane isishonile ukuthi abantu bakhona bahlala endaweni engafaniswa negoqo lezingulube.

    Uma kungenziwa lutho ukusukumela lesi simo, noma umnotho ungakhula kahle kanjani ubulungiswa buyohlala bungekho. Yihlazo leli kubaholi bethu.

    Sowetan 1/2/08

    Family battle to bury Rat victim

    01 February 2008
    Canaan Mdletshe

    Municipality says it can help if asked to do so.

    The South African Shack and Rural Dwellers Organization (SASRDO) has lashed out at the eThekwini municipality for failing to help the Mzobe family whose baby died after being gnawed by a rat on Sunday.

    Four-month-old Nkosingiphile Cwera met her untimely death at the Kennedy Road informal settlement in Durban.

    And despite city manager Mike Sutcliffe’s offer to help, SASRDO said yesterday no help had come as promised.

    SASRDO chairman, Thembinkosi Qumbela, said: “After both the child’s parents told us about their circumstances, like the rest of the shack dwellers, we were expecting the municipality to show some sympathy and lend a helping hand, but we were wrong.

    “Their quietness is shocking, but this is how they are. They couldn’t care less and it’s disgusting.”

    Qumbela said he had visited the family yesterday and their situation was a concern.

    “Like the rest of the people, they have nothing. The only people who have helped them are the local church because the child’s father is a member.

    “They are the only people who have helped them with a burial site, otherwise they would have been stuck, not knowing where and how to bury their child,” said Qumbela.

    He accused the municipality of spending millions of rands of taxpayers’ money on building stadiums and fancy hotels, but neglecting simple things such as taking care of the people who put them in power.

    “When elections come, we know they will be flocking to our area looking for votes.

    “To them we are just like cannon fodder who push them into fancy offices,” he said.

    Spokesman for the municipality, Sindi Mtolo, denied that they had failed to assist the grieving family, saying that they could do so if approached.

    “The municipality can help, not because we are responsible for the child’s death, but on humanitarian grounds,” said Mtolo.

    “But again, we need to guard against setting a precedent that might be problematic for us in future, because if such a thing happens to other families, they would want to be assisted as well.”

    http://www.sundaytribune.co.za/index.php?fArticleId=4236310

    OpEd
    Poor in hell while elite buys heaven
    Sunday Tribune

    February 03, 2008 Edition 1

    Imraan Buccus

    National attention remains fixed on the unlovely aftermath of Polokwane and the electricity debacle. At times like this we often forget the ordinary people who keep the country going, and in whose name most of the major battles continue to be fought.

    The old Swahili proverb about the grass suffering when the elephants fight has become something of a cliché, but certain things do bear repeating.

    This week Isolezwe newspaper reported that a baby had been killed by a rat in the Kennedy Road settlement in suburban Durban.

    This vision of hell is difficult to reconcile with our city fathers’ constant focus on casinos, theme parks and stadiums. The old story that these elite projects will drive economic growth that will uplift the poor cuts no ice.

    There is nowhere in the world where elite projects have done much more than enrich the people who get the contracts to build and manage them.

    Every time I hear someone talk about how a stadium or theme park will save us, I can’t help thinking about Ngugi wa Thiongo’s brilliant Wizard of the Crow.

    In this novel, a paranoid dictator throws all his country’s meagre resources into constructing the tallest building in the world, which he calls “Marching Heaven”.

    Of course as resources flow into the concrete instantiation of his manic ego, they are sucked out of the hands of ordinary people, leading only to a phallic excess of bad taste amid profound misery.

    I’m not the only one to have a nagging suspicion that many among the new elite that is pushing out Mbeki’s allies after Polokwane are after little more than their own piece of the “Marching Heaven” action.

    Given the profound nature of our social crisis, our politics should be about putting the people, real ordinary people, at the centre of public life.

    But there are scant signs of our own Evo Morales emerging from the new order. There are, for that matter, scant signs that a number of credible civil society leaders are due for the respect they richly deserve.

    It seems the government is set to continue to plough ahead with its tendency to plan and implement its own projects, rather than to engage in a real partnership with its people.

    We have two major disasters to caution us against top-down policy making.

    The first, of course, is Khutsong. The second is the housing crisis in Cape Town. The government decided that people in the Joe Slovo settlement should be moved away from the freeway before 2010. They decided to move people to Delft, which is 30km away.

    But the 6 000 residents of Joe Slovo have refused to accept forced removal on the grounds that they were promised houses where they live and that they needed to be in the city to access work and schools etc.

    At the same time the residents of Delft, living in terribly overcrowded conditions, have simply seized the houses to which the government intended to move the Joe Slovo residents. The houses had been promised to them initially and they desperately need housing in their community.

    Meanwhile the government has promised the land on which the Joe Slovo settlement sits to a developer who, in turn, has raised capital for it from the banks.

    This is a disaster that could have been avoided if solutions were negotiated directly with communities, rather than imposed on them from above.

    Without exception, every instance of genuinely successful public housing provision is based on democratic planning partnerships between governments and community organisations.

    Two of the most famous examples are Naga City in the Philippines and Curitiba in Brazil.

    In Durban we risk our own disaster. The stand-off between shack dwellers and the city that was rumoured to be heading towards resolution in December last year seems to have reverted to open conflict.

    As The Mercury reported last week, Abahlali baseMjondolo took the city to court to stop illegal evictions once again, and once again they won a court interdict.

    It seems clear that shack dwellers in Durban are just as unlikely to accept forced removals to places like Park Gate that are as far out of this city as Delft is in Cape Town.

    But there are no signs that the city is willing to break from its top-down planning model. The partnership model seems to be reserved for our own “Marching Heaven” projects.

    But while up to a third of the city’s population lives in a hell where children are eaten by rats and burnt in fires, it’s unlikely that the poor will care which elite is marching to which heaven.

    Poverty is a crisis. It must be addressed as urgently as any other humanitarian emergency. But it also has to be addressed on the basis of respect and partnership.

    Without that partnership, even the best-intentioned projects can do more harm than good. The simple fact of the matter is that governments need to work with people, not for people.

    Nothing else has ever worked. Top-down planning, whether undertaken by the World Bank or socialist governments, has never produced a decent society.

    If the commitment coming out of Polokwane was about genuine people’s participation in decision-making rather than a circulation of elites, I’d be resting a lot easier.

    As it is, these are not easy times.

    http://www.gilscottheron.com/lywhitey.html
    http://www.gilscottheron.com/whiteymoon.mp3

    Whitey on the Moon

    Written by the Last Poets in 1969, covered by Gill-Scott Heron in 1972

    A rat done bit my sister Nell with Whitey on the moon.
    Her face and arms began to swell and Whitey’s on the moon.
    I can’t pay no doctor bills but Whitey’s on the moon.
    Ten years from now I’ll be payin’ still while Whitey’s on the moon.

    The man just upped my rent last night cuz Whitey’s on the moon.
    No hot water, no toilets, no lights but Whitey’s on the moon.
    I wonder why he’s uppin me. Cuz Whitey’s on the moon?
    I was already givin’ him fifty a week but now Whitey’s on the moon.

    Taxes takin’ my whole damn check,
    The junkies makin’ me a nervous wreck,
    The price of food is goin’ up,
    And as if all that shit wasn’t enough:

    A rat done bit my sister Nell with Whitey on the moon.
    Her face and arms began to swell but Whitey’s on the moon.
    Was all that money I made last year for Whitey on the moon?
    How come there ain’t no money here? Hmm! Whitey’s on the moon.

    Ya know, I just about had my fill of Whitey on the moon.
    I think I’ll send these doctor bills
    airmail special….
    to Whitey on the moon.

    Featured post

    Devastating Fire in RR Section Khayelitsha – No Electricity! No Vote!

    http://www.khayelitshastruggles.com/2008/11/fires-at-rr-section.html

    Fire At RR Section, Khayelitsha, Cape Town

    More than 100 shacks burned down over the weekend at RR Section Site B and left more than 500 people homeless including women, children and disabled people.

    It was early in the morning past one on Saturday when the fire started at RR Section and it started at one shack which is owned by a 30 year old man, according to the neighbour’s he was drunk and left paraffin stove unattended and most people believed that he was the cause of the fire.

    RR Section is a home to more than 6000 families and the area was established late 80’s, and the area does not have electricity , as a results of that people use illegal connections, other people get electricity from nearby neighbourhood which is serviced with electricity, Toilet and plots and others use illegal connections direct from electrical poles.

    The are few chemical toilets at RR, and area is also flood prone. When its winter people at RR each an every year their houses are flooded.

    Last week Thursday (06/11/08)the residents of RR, TR and Site C they barricaded lansdown Road with burning tyres and rubbish (waste) after the officials from Eskom escorted by the SAPS and Metro Police were cutting their illegal electric connections.

    One week after the legitimate protest people more than 500 people at RR are homeless and instead of the City of Cape Town providing people with electricity that they have been demanding for the past 10 years, they chose to assist people of RR with blankets, Food, 5 sheets (zincs) and ten poles. According to Mr. Vango the illegal connection also contributed on spreading the fire easily. Yesterday (Sunday 09/11/08) while the president of the ANC Jacob Zuma was speaking at Langa campaigning for the ANC for next years elections, people at RR had a community meeting at they agreed that if their area is not electrified before 2009 elections they will not participate at next years bourgeois elections. No Electricity!! No Vote!! And Abahlali baseMjondolo Western Cape had a march last month on the 23rd October 2008 and they declared that No Land!! No house!! No Vote!! One of AbM’s demands is that all the informal settlements must be electrified and serviced with water and sanitation.

    As a failure from City of Cape Town to Electrified RR section for the past 10 years, AbM Western Cape demands that the City to compensate all the fire victims at RR. As a result of the fire one person died and we call on the City to conduct the funeral.

    for more info please call Mr. Vango at 0826880183

    Featured post

    Memorandum of Demands by the Siyanda Abahlali baseMjondolo Branch


    Siyanda 9 November 2008, the day before the big march. For pictures of the march click here and here.

    10 November 2008
    Siyanda Abahlali Branch

    Demands addressed to Mike Mabuyakulu, the MEC for Housing in KwaZulu-Natal, by the Siyanda Abahlali baseMjondolo Branch

    1. We demand adequate land and decent housing in the city.

    2. We demand one house per family and not one house per shack.

    3. We demand that the city (eThekwini) comply with the laws of the country.

    4. We demand an immediate and permanent end to forced evictions and demolitions.

    5. We demand that there must be an independent commission of enquiry to investigate the rampant and blatantly corrupt sale of government houses by government officials. There must be action against all the corrupt government officials. This is not only a problem here in Siyanda. All Abahlali members are aware of the situation in the Joe Slovo settlement where one of the founders of that settlement, Busisiwe Gule, remains in a shack while with all the papers to her house while Nomaxabiso is still living in Mrs Gule’s house. All complaints about this corruption, right up to the national minister, have just been ignored.

    6. We demand fair and transparent allocation of government houses.

    7. We demand safe, quality houses built on proper foundations.

    8. We demand that there must be inspectors to make sure that all houses are of a quality standard. A certificate must be issued for each house by an independent evaluator that guarantees its quality and safety.

    9. We demand compensation to those who have been forcefully removed for the construction of the MR 577 freeway.

    10. We reject the current situation where people are only given orders as if in a dictatorship and we demand proper consultation and full participation in the discussion and decision making with regard to all issues affecting the shack dwellers.

    11. We demand the creation of job opportunities and that first preference for local jobs to be given to the poorest people in local communities.

    12. We demand that the Slums Act be immediately scraped and its notorious transit camps be immediately shut down.

    13. We demand that our shacks be upgraded where they already are through the use of Chapter 13 of the Housing Code and not demolished via the notorious Slums Act which is hated by the poor because it is an attack on the poor.

    14. We demand that all people of 21 years and older be entitled to a house as they are all expected to vote.

    15. We demand compensation as we were exploited to guide the development of the houses that were later corruptly sold to people who do not live in Siyanda.

    16. We demand an end to abuse by government officials and we demand that government officials who abuse the people must be investigated and that appropriate action must be taken. For instance there is the case of Npuphuko who offered a family RDP house keys at midnight in exchange for their daughter. She is the daughter of all of us and therefore Npuphuko is the abuser of all of us.

    17. We further demand that a meeting be scheduled with us within two weeks so that a way forward can be discussed on these demands.

    Contact Mzo Dlamini the March Convener on 073 8701244 and Mxolisi Mtshali on 072 5550965, Mamu-Nxumalo 076 3339386 and Thembi Zungu on 074 3423607

    Abahlali baseMjondolo March in Siyanda – Monday 10 November 2008

    Abahlali baseMjondolo will march against evictions, corruption, dictatorship and abuse by the state in Siyanda (between Newlands East & KwaMashu) at 9:00 a.m. on Monday 10 November 2008.

    The marchers will procede from the Siyanda settlement to the magistrates’ court where Mike Mabuyakulu has been asked to accept the memorandum.

    An attempt by the police to unlawfully ban this march was overturned yesterday after intense counter pressure. Abahlali baseMjondolo was prepared to go the high court at 2:00 p.m. yesterday afternoon to interdict the police against the unlawful march ban if they did not back down.

    This march will be supported by Abahlali baseMjondolo members from settlements across Durban and Pinetown.

    For more information and comment contact Thembi on 0743423607 and on Mzo 0738701244.

    http://www.abahlali.org/node/4154


    Siyanda Residents March

    Breaking News: Siyanda shack-dwellers, facing eviction from the MR577 Freeway site, are staging ongoing marches to halt building and allocations at the Kulula Housing Project. The contractors have just been stopped from proceeding with the patently unfair allocation of housing that has been undertaken without any form of meaningful consultation. There is a heavy police presence again today and the situation is tense. (There is an article in yesterday’s Isolezwe here.)

    Forced Relocations in Siyanda to Make Way for New Freeway

    Wednesday, September 17, 2008 13:01
    Press Statement by the Siyanda Abahlali baseMjondolo Branch

    DURBAN – Shack-dwellers in Siyanda, KwaMashu, have been threatened with forced relocation to make way for construction of the MR577 Freeway. The eThekwini Municipality has demolished at least 50 shacks in the area this year, without notice or a court order. These demolitions are illegal and criminal acts. Street marches by residents, peacefully protesting against relocation, have been met with violent police action and intimidation.

    According the eThekwini Municipality, all those displaced by the new freeway would be moved to the adjacent Kulula Housing Project, concurrently under construction and facilitated by Linda Masinga & Associates (See: http://www.ethekwini.gov.za/durban/government/munadmin/media/press/506) (See also: http://www.ethekwini.gov.za/durban/government/munadmin/media/press/521).

    Residents have since been informed that an unspecified number of families affected by the freeway construction will be relocated to eNtuzuma and placed in “transit camps” – government-built shacks or temporary structures, ordinarily used for emergency relief, which are increasing supplied by municipalities in lieu of formal housing.

    As those in Siyanda undergo or await eviction – without knowing how, when and where they would be relocated – further controversy has erupted over the decision to move families from other parts of the Durban-metro, as far away as Umlazi and Lamontville, into the finished Kulula houses.

    Siyanda shack-dwellers point out that those made homeless by the illegal Municipal demolitions earlier this year still have not been provided any alternative accommodation – in the Kulula houses, or elsewhere. Not only were these evictions carried out without notice or a court order, occupants were prevented from removing their personal belongings from the shacks before the demolitions began.

    In marches and memorandums submitted to state and corporate partners in the Kulula Project, Siyanda shack-dwellers have stated that they do not want to move to eNtuzuma, away from jobs, schools and farther on the periphery of the city, where transport costs are much higher. They have moreover refused to accept any relocation to “transit camps,” which cannot be considered suitable alternative accommodation.

    Metro police have responded violently to peaceful marches by Siyanda residents. On Monday, 15 September, approximately 60 residents gathered to protest further allocation and occupancy of finished Kulula houses by those who are not affected by the freeway construction. Amid heavy police presence, a metro police officer reportedly brandished a loaded weapon at the crowd, shouting that he would shoot them with live ammunition if they did not disband.

    Following shack demolitions earlier in May this year, residents marched to the Kulula Project contractor’s office to submit a memorandum, where they were fired upon with rubber bullets by police and sprayed with water canons. Five people, including a pregnant woman were shot, injured and rushed to hospital. These five were arrested by police at hospital, upon charges of “public violence.” All charges were subsequently dropped.

    In addition to concerns over relocation, the allocation of houses and police brutality, residents in Siyanda say that the Kulula houses are unsound, unsafe and have not built with substantive consultation from the community, despite claims to the contrary by the Municipality.

    Siyanda launched a new Abahlali baseMjondolo branch on Sunday and residents are determined to oppose state intimidation and to demand genuinely democratic planning.

    For up to the minute information and comment on the crisis in Siyanda contact:

    Thembi 0743423607
    Mzo 0738701244

    Click here to see some pictures.

    http://abahlali.org/node/4266

    Letter from COHRE on the Siyanda Crisis

    The Honorable Cllr Obed Mlaba
    Office of the Mayor of eThekwini

    City Hall, West Street
    Durban 4001
    Republic of South Africa

    Re: Forced relocation of shack-dwellers in Siyanda, KwaMashu

    Dear Cllr Mlaba,

    The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and Observer Status with the African Commission on Human and Peoples’ Rights. COHRE works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

    COHRE recently learnt of the threatened forced relocation of shack-dwellers in Siyanda in KwaMashu, to make way for the construction of a freeway in the area. According to a press statement by the newly-formed Siyanda branch of Abahlali baseMjondolo, at least 50 shacks have been demolished this year in the area by the eThekwini Municipality without notice, a court order or the provision of alternative accommodation. COHRE has learnt that eThekwini Municipality promised that all those displaced by the new MR577 freeway would be moved to newly-constructed houses in the Kulula Housing Project. Siyanda residents have now been informed that an unspecified number of families will be moved to eNtuzuma and placed in ‘transit camps,’ which consist of government-built shacks or temporary structures, ordinarily used for emergency housing. As eNtuzuma is further on the periphery of the city, transport costs will be much higher for families as they will be further from jobs and schools. At the same time, the Municipality has reportedly decided to move families from other areas like Umlazi and Lamontville, who are not affected by the freeway construction, into the newly constructed Kulula houses. This has understandably caused much confusion within the community, and the situation is extremely tense at present.

    COHRE is disturbed with the trend in Siyanda, and in Durban in general, to use state repression against peaceful protestors legitimately airing their grievances against housing rights violations. In May this year, residents protesting shack demolitions in Siyanda marched to the Kulula project contractor’s office to submit a memorandum of grievances, where they were fired upon with rubber bullets and sprayed with water canons by Durban Metro Police. During this incident five people, including a pregnant woman, were shot and injured, and subsequently arrested at the hospital for ‘public violence.’ The charges were eventually dropped against all of the protestors.

    On 15 September 2008, a peaceful protest held by affected Siyanda residents to air their grievances about the allocation process of alternative housing in Siyanda, was again met with a heavy Durban Metro police presence, with one police officer allegedly brandished a loaded weapon at the crowd, shouting that he would shoot them with live ammunition if they did not disband.

    COHRE has maintained that the manner in which unlawful evictions of shack-dwellers has occurred in Durban is unacceptable, and people have been treated inhumanely and without dignity in the process. In terms of international human rights law, for evictions to be considered as lawful, they may only occur in very exceptional circumstances and all feasible alternatives must be explored. If and only if such exceptional circumstances exist and there are no feasible alternatives, can evictions be deemed justified. However, certain requirements must still be adhered to. These are:

    1. States must ensure, prior to any planned forced evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimising, the need to use force.
    2. Forced evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Governments must therefore, ensure that adequate alternative housing is available to affected persons.
    3. In those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia:

    § Genuine consultation with those affected;

    § Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction;

    § Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected;

    § Especially where groups of people are involved, government officials or their representatives to be present during an eviction;

    § All persons carrying out the eviction to be properly identified;

    § Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise;

    § Provision of legal remedies; and

    § Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

    In the past the eThekwini Municipality has not complied with the above principles, particularly with regard to obtaining a court order and providing adequate notice for evictions. On 6 October 2008, COHRE released a report on the situation in Durban entitled Business as Usual? Housing rights and ‘slum eradication’ in Durban, South Africa. The report found that unlawful evictions are commonplace in eThekwini Municipality, and while the Municipality is to be commended on building a considerable number of houses each year, the houses that are being built are often located so far out of town that living there is unviable for many of the urban working classes due to unaffordable transport costs to work, schools, and hospitals. The report also expresses serious concern about the size and quality of the houses that are being built and over the failure to provide adequate levels of basic services to shack dwellers while they wait for formal housing.

    While COHRE approves of the provision of adequate alternative accommodation in the event of an eviction, we condemn the existence of so-called ‘transit camps’, which are found to be highly inadequate and serve to destroy the already fragile socio-economic fabric of people’s lives. COHRE also condemns the current practice that effectively entails moving people from their own well-located shacks into government shacks on the urban periphery, without any certainty of the time period they will be there, or indeed what permanent housing options will made available to them in the future. If the Siyanda forced relocations are allowed to proceed it will only add to the excesses of the eThekwini Municipality documented in the recently released report, and roll back the significant recent progress made to improve relations between organised shack dwellers’ and the eThekwini Municipality.

    COHRE therefore urges the Municipality to immediately halt all forced evictions of shack dwellers within its jurisdiction, and to cease the use of violence against those peacefully and legitimately protesting against their housing rights violations. COHRE appeals to the Municipality to ensure that all Siyanda residents affected by the new freeway are provided with housing, as promised, in the Kulula Housing Project, and to investigate the allocation of these houses to other residents from outside Siyanda.

    We look forward to your response and to an ongoing dialogue with the Municipality on the rights of its people to adequate housing. Thank you for your time and consideration.

    Sincerely,

    Salih Booker
    Executive Director

    cc.

    The Honorable Lindiwe Sisulu
    Minister of Housing

    Dr Michael Sutcliffe
    eThekwini City Manager

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    AbM V Government on the Slums Act in the Durban High Court on 6 & 7 November


    Durban High Court, 6 November 2008

    3 November 2008
    Press Statement by the Abahlali baseMjondolo Youth League

    Abahlali baseMjondolo Case Against the KwaZulu-Natal Eradication and Prevention of Re-Emergence of Slums Act to be Heard in the Durban High Court on 6 and 7 November 2008

    Across the country the government is chasing the poor people out of the cities. Across the country we are mobilising to defend our right to the cities.

    We are in the cities for good reasons – we need work, education, clinics, libraries and more. Pay is higher and prices are lower in the cities. Therefore we need land and housing in the cities. But the government only want our votes. They do not want us in the cities. Therefore we have said ‘No Land! No House! No Vote!’

    In Joe Slovo, in Cape Town, the people say “Asiyi eDelft!”.

    In Makause, in Johannesburg, the people say, “Stop the ‘Eradication and Prevention’ of our homes!”.

    It is the same everywhere. The government want to make it so that if you are inside you are inside and if you are outside you are outside. The poor struggle to stop this business of putting some people to one side and other people to the other side.

    In Durban we have said that we are Durbanites and that we reject reruralisation. We have held our ground. We have refused to go to the human dumping grounds like Parkgate. Years ago the councillors and the Land Invasions Unit said that we must go back where we came from. They said that whether we agreed or not we would be gone very soon.

    We are still here. We are not going anywhere.

    But people are still being evicted in places like Siyanda and Bottlebrush. People still come home to find the red crosses on their doors or the yellow poles on either side of their houses. Although evictions continue there are now negotiations on the future of 14 of the Abahlali settlements that are in the eThekwini Municipality – we welcome these negotiations and we have hope in these negotiations. After a year of talking there are now some important breakthroughs.

    Poor people must be allowed to stay in the cities. We need upgrades and not relocations. It is the Slums Act that must go. It is evictions that must go. It is the Land Invasions Unit and the Red Ants that must go. It is the hatred of the poor that must go. It is the rule of money over the lives of people that must go. It is the selling of the land that should be for the people that must go. It is the shooting and the bulldozers that must go.

    When Umkhumbane was destroyed in 1956 the government said the destruction was for ‘development’. But actually they wanted to divide the people living there into four kinds of people and to take them to four kinds of different places – Africans to Umlazi, Indians to Chatsworth, Whites to Umbilo and coloureds to Wentworth. Now when they come to destroy our settlements they still say that it is for ‘development’. But it is still really to divide the people into different kinds of people that must live in different places – but now it is the rich on side, the poor on another side.

    From the beginning we said very, very clearly that we did not want the Slums Act. We said it at the Public Participation meeting. We were told that we were out of order. We put out a very clear statement. We were ignored. We went to parliament to say that we did not want the Slum Act. We were ignored. We invited everyone opposed to the Slums Act to join us and build a coalition against the Act. We marched against the Slums Act – we were beaten, shot at and arrested and our demands were ignored. So now we are going to the High Court. We are confident that here we will not be beaten, shot at, arrested or ignored. We thank the Centre for Applied Legal Studies at Wits for their support – on every step along this road they have talked to us, not for us. This is a living solidarity.

    We will continue to build the power of our movement outside the court. The newly formed Abahlali baseMjondolo branch in Siyanda will be marching on Mike Mabuyakulu to protest against evictions and corrupt housing allocation on 10 November 2008. The newly formed Motala Diggers have just launched a women’s community garden in Motala Heights. The struggle goes on.

    Mike Mabuyakulu is responsible for the internationally notorious Slums Act. He seems to think that eradicating the homes of the poor will magically eradicate the housing crisis. He says that the growth of shack settlements is a matter for the National Intelligence Agency and the South African Police Services. Will the NIA and the SAPS investigate and arrest the lack of jobs, good schools, clinics and hope for a better life outside of the cities? Will they investigate and arrest the lack of affordable decent public housing in the cities? No, they will arrest the poor people that decide to build their own houses in the cities. We note that Mabuyakulu has never said that all the illegal evictions by government and business are a matter for the NIA and the SAPS. He wants to make being poor a crime while making it acceptable for government and business to make poor people even poorer.

    For the rich vacant land is an investment. It is an investment that can make them richer. Sometimes they are pushing for shack dwellers to be evicted so that they can cash in.

    For the poor vacant land is a waste. It is wrong to waste when people are suffering. That land can help us to survive.

    The government has worked very well with business and they have succeeded in working together to make the rich richer. However the government has failed to work with the poor to make things better for ordinary people. In fact the government is working with the rich to attack the poor and drive us out of the cities.

    We are not surprised that all over the world the organisations of the poor say that if their government is failing to house them then they must occupy vacant land and buildings so that the poor can house the poor.

    Building shacks can only be a crime if being poor is a crime.

    Mabuyakulu is not the only one who is trying to make poverty a security issue. The City of Tshwane spends more on private security companies to keep the poor out of the city than they do on providing life saving basic services for the poor. This is what happens when poverty is criminalised. It is clear that the Municipalities would rather keep us out of the cities, keep us poor and even make us poor, than let us into their cities and have to give us services.
    Mabuyakulu says that there is no land for housing the poor in the cities. But everyone can see that there is land for shopping malls, office parks, gated communities and even golf courses. Every day the government is choosing to allow the land to be used by the rich so that they can make themselves richer. Where are our children going to access good education and good work if there is no land for the poor in the cities?

    We are not only demanding that the Slums Act be scrapped. We are demanding the all levels of government implement the Breaking New Ground Policy – a progressive housing policy that stresses participatory upgrades but has never been implemented. We are also demanding that a new Act be discussed with the people and then passed into law. We need an Act that will open the cities and protect the poor. We need an Act that will emphasize on upgrading. We need an Act that will follow the example of the Brazilian government that passed the City Statute in 2001 after years of struggle by poor people’s movements. The City Statute says that the social function of land must come before the commercial function of land – the needs of the poor must come before private profit.

    We have very serious concerns about the government shacks which are also called tin houses, temporary structures, transit camps and temporary relocation areas. People do not want the government shacks. There is no life in the government shacks. Sometimes there are no shops. People are scared – they have seen that in Cato Crest people have already been staying in the government shacks for three years. People do not see any guarantee that the government shacks will be temporary. They are too small and this is breaking up families. There is no freedom there. The councillors and not the communities control the allocations. The government shacks are breaking up communities – communities of support, communities of struggle. Sometimes it takes twenty years to build a community. But everywhere relocation is destroying communities leaving people poorer and weaker.

    In the Protea South settlement in Johannesburg the government built temporary structures in 2005. They did not consult the residents and after they were completed residents refused to settle there. Since then the government has been wasting money to guard the structures and to pay rent for the private-owned land on which they were built.

    Everyone knows that the government shacks are being built to hide the poor for 2010. All the money being wasted on these shacks could be used for upgrades.
    When we complain about the government shacks the councillors say that we are uneducated. When we complain about all the huge corruption and party political dirty tricks they say that we are uneducated. We will not be educated to accept our own oppression.

    Anyway the educated and the uneducated are all saying one thing on the Slums Act – shack dwellers, NGOs, university professors and even Miloon Kothari who came to visit Abahlali baseMjondolo when he was the United Nations Special Rapporteur on Housing are all saying one thing about this Act: it is a disgrace.
    Mabuyakulu says that the Slums Act is aimed at Slum Lords. It is true that there are shack lords in some places and that they charge the people rent. We are against shack lords. They are against us because we are for democracy and against rent. But we notice that everywhere the government works with the shack lords to keep political control over the people! They push the slum lords to the media as if they can speak for the people! And who are the lords of the government shacks? Who controls allocation? Who is paid to build these shacks?
    A world class city is not a city in which the poor are hidden away in rural dumping grounds. A world class city is a city where there is space, dignity and respect for all.

    Stand with us in our struggle for the right to the cities. Join us in the struggle to democratise our cities from below. Work with us to resist the new war on the poor.

    Iyolala ibonene Nomphathiswa!

    This statement is issued by the Abahlali baseMjondolo Youth League who have organised discussions on this court case in all Abahlali baseMjondolo affiliated settlements and branches in Durban and Pietermaritzburg. This statement draws on the experiences of the Youth League in this series of meetings. It is endorsed by all the organisations in the Poor People’s Alliance which are:

    Abahlali baseMjondolo (KwaZulu-Natal & Western Cape)
    Landless Peoples’ Movement (KwaZulu-Natal & Gauteng)
    Rural Network (KwaZulu-Natal)
    Western Cape Anti-Eviction Campaign (Western Cape)

    For further information and comment contact the following members of the Abahlali baseMjondolo Youth League:

    Bongo Dlamini: 074 875 6234
    Lindo Motha: 073 029 9185
    Zodwa Nsibande: 082 830 2707
    Mazwi Nzimande: 074 2228 601

    For general comment on the Slums Act and the struggle against it in the streets and in the courts you can also contact:

    S’bu Zikode, Abahlali baseMjondolo: 083 547 0474
    Louisa Motha, Abahlali baseMjondolo: 078 072 0499
    Mnikelo Ndabankulu, Abahlali baseMjondolo: 079 450 0653
    Maureen Mnisi, Landless People’s Movement: 082 337 4514
    Reverend Mavuso, Rural Network: 072 279 2634
    Ashraf Casiem, Western Cape Anti-Eviction Campaign: 076 186 1408

    Stuart Wilson, Centre for Applied Legal Studies: 072 265 8633

    For a full background on the Abahlali baseMjondolo struggle against the Slums Act, including the court papers, newspaper articles and previous press releases visit: http://abahlali.org/node/1629

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    Khayelitsha Struggles: ‘Be a visitor, not a spy’

    http://www.khayelitshastruggles.com/2008/11/matt-spent-10-days-living-at-qq.html

    ‘Be a visitor, not a spy’ – QQ Section, Site B, Khayelitsha

    Matt Birkinshaw, October 2008

    Introduction

    For the first time in history more people in the world now live in cities than in rural areas. Globally one in five people live on land that does not legally belong to them. The UN predicts that this will rise to one in three by 2050. The future, to paraphrase Mike Davis, is not made of glass and steel, but of plastic, zinc and cardboard.

    Rapid urbanization is outstripping the capacity and political will of local and national government to provide affordable housing or adequate infrastructure. This situation is heightened in middle-income countries such as South Africa, India and Brazil where cities such as Johannesburg, Mumbai, and Rio de Janeiro function as regional and global hubs. The urban struggle for land and housing is set to become a key area for future social change.

    Cities are places of exchange – of labour, commodities, and capital. As wealth is concentrated (nationally and globally) in cities, people are pushed and pulled towards it and the relation between people and space is exposed to market dynamics.

    Organising around housing, land and questions of space runs a continuum from defensive to aggressive (and sometimes both). On one hand, people who face multiple overlapping forms of oppression may be struggling simply to remain in conditions of extreme exploitation and appalling conditions. On the other, community-based struggles have the potential to create progressive democratic community-controlled spaces, forming part of the foundations for future change.

    South Africa has a unique history and cultural memory of struggle and my three month visit was motivated by a desire to learn from people’s struggles for housing, post-94. In South Africa, under the previous government, the apartheid state subsidized industries (especially textiles) in rural areas in order to prevent rural/urban migration. However, in the liberalised post-94 environment, these ‘inefficient’ subsidies were scrapped meaning that many people in rural areas have moved to towns looking for work. The number of ‘informal dwellings’ in urban areas almost tripled between 1994 and 1999.

    While in South Africa, I spent the majority of my time living and working with Abahlali baseMjondolo in Durban, but for the last few weeks I was in Cape Town, where although some of the issues are similar, the style of organising and the ideas behind it are a little different. During this time I spent around two weeks at QQ Section, staying with Mzonke Poni for ten days and spending a few more days at the crèche.

    Arrival

    I am being driven to QQ section in Khayelitsha where the Western Cape branch of Abahlali Western Cape has recently been launched. It’s on the Cape Flats about half an hour out of town along the shack-lined N2 Freeway. Jared Sacks, who works with Abahlali and the Anti-Eviction Campaign is driving. We are listening to kwaito-house. There are large cracks in his windscreen, the result of a failed robbery. The sky is overcast and it will rain later.

    Khayelitsha lies on the Cape Flats, a sprawling, crowded, former township area home to between one and two million people. The township (the name means ‘new home’) was a sites and services area established in the late 80’s under the National Party policy of encouraging Africans to leave towns with the promise of free serviced land on the periphery. The Cape Flats, unsurprisingly, are a large flat, sandy, plain stretching between Table Mountain and the mountains at Stellenbosch. In winter they are cold, windy and rain swept. The sandy soil means that the ground is often waterlogged and the flooded. The Flats are the shadow cast by wealthy, cosmopolitan, white Cape Town. The racialised concentric circles of Apartheid planning are still evident and Khayelitsha is towards the far edge of the Flats.

    We take the off-ramp that curls over the freeway. There are men lined up along the road waiting for work. People are walking and standing by the road, hawking things and cleaning windscreens at the lights. The next thing I notice as we enter Khayelitsha is a large municipal sign: “This is an Urban Renewal Area”. Underneath it is a sea of zinc roofs. To the left is a large new building that looks like a community hall. (Signs to the complex indicate a visitor centre. I find out later that the hall is unusable or unaffordable for residents – perhaps the hall is designed for visitors…) Jared says that Helen Zille, Mayor of Cape Town spoke there last week, but not many people came. A man is herding cows on the patch of grass next to it.

    Drivers (in South Africa generally) are hectic, especially the minibus taxis. The potholed road curves around a slight rise. There are shops lining it in places – some painted with names and brand logos. One, two-stories high, is freshly coated from top to bottom. Others are rusty, battered shacks with the hatches and grills that are standard in spaza (convenience) stores.

    There are shacks that sell fruit, with bananas and oranges hanging from their awnings and more produce in baskets below them. We pass a hair salon and a mechanics. People are braaing meat in rusty metal half-drums on the pavement.

    QQ Section

    Khayelitsha’s QQ Section is an informal settlement at Site B in Khayelitsha, established in 1989 and home to about 550 families, approximately 3,000 people. Areas get one letter for ‘formal’ brick houses (e.g. Q Section) and two (e.g. QQ) for ‘informal’ shacks. The shacks that people live in are mostly made of corrugated sheets of zinc, and are densely packed together on a long thin strip of land between the brick houses of Q Section and the road.

    QQ Section is on land owned by Eskom (the South African electricity company) and the shacks are built under electricity pylons known to have adverse effects on health. Ironically, despite living under pylons, people at QQ are refused access to electricity and those who can get them must rely on dangerous self-made connections.

    There are no toilets at QQ Section. If people that live there know someone in a brick house they may ask to use the toilet in their yard. They might pay rent for this (c. R50 a month) or clean the toilets and dispose of the owners rubbish in exchange. People who are not able to do this have to cross the freeway to use the open land on the other side. Shacks are not allowed to be built on this land as, although it is currently empty, being reserved for ostriches.

    I am told that it is not safe to go out at night, and people use plastic pots to relieve themselves. The contents are added to the shack’s container of waste water in the morning and disposed of on the road below the taps. Moving with Mzonke around Khayelitsha, I notice some rows of concrete toilets. They are often chained and padlocked. Mzonke tells me that they are called ‘powerflush’ toilets, because you must bring your own water to flush with. They are locked either because they have not been cleaned and are unusable, or because they are used by laities (youths) for robbery and gang rape.

    We pull up to a car raised on bricks in need of, and in between, repairs. Trash is piled on the road behind it. Municipal refuse collection at the settlement is poor. Above the trash is a clearing in the shacks with a water standpipe. People do their washing here, and someone is filling a 20 litre plastic container with water. There are eight taps at QQ. They often get broken because of overuse and it takes a long time to get them repaired. Groups of young men are standing among the shacks and on the pavement chatting and looking over at us. We get out, climb across the rubbish, and as this part of QQ Section is about five foot above the road climb up the steep concrete bricks that buttress the sand. The shacks here are dense. We walk through them, and under an electricity pylon, saying “molweni”[2] to the people we pass, and arrive at the crèche.

    The crèche

    The crèche at QQ Section is an Abahlali project. AbM WC has an executive committee of seven people, a security committee, and a children’s committee which liaises with the crèche volunteers. Part of the thinking behind the crèche is that communities and movements need their own spaces to grow, form and think. The idea is also to make the movement multi-legged – to give it a number of bases through constituting it from a number of different projects aimed at different sections of the community. The crèche is part of the beginning of this process.

    It was built around three months ago by the local community and hosts around 40 children between two and six years old. Residents, with the help of a small local NGO, paid for and constructed the building themselves, and then installed an environmentally friendly toilet for the children – the only toilet in the section. It cost R3,000 and they sent the bill to the city of Cape Town.

    The building itself is roughly 4.5m by 6m with a corrugated zinc roof and cardboard insulating the walls. The floor is carpeted and coloured balloons hang from the ceiling. The walls display a weekly menu, daily routine and children’s names in alphabetical order. There are also pictures as well as an aerial photograph of QQ section opposite an Abahlali ‘No Land, No House, No Vote’ banner. The bookshelves contain a library that includes children’s books and novels as well as books on politics, history and development. A row of child-sized chairs lines the walls and a set of tables is in the corner. Food is prepared on a two-ring (electrical) stove. A heater is also often brought in the winter.

    The crèche enables people from QQ section to leave their children somewhere safe during the day, which in turn means that they are able to look for work. The crèche is run at the moment by three volunteers working from around 7am till 4.30pm each day. There are hopes that once the relationship between parents and the full-time volunteers has been determined parents will able to contribute to the running of the space. The crèche charges a parents a fee of R40 a month.

    As well as educating, entertaining and feeding children, the crèche provides a community run space that the residents can use to meet, talk and organize. The crèche is used for community meetings, Abahlali meetings, for ideas to spread and for discussion. It is part of the economy of organizing for movements to support the community that they work in. Education and conscientisation (at all ages) is also crucial in raising political awareness and critical thinking. One day, while I am there, Evelyn from the AEC occupation at Symphony Way comes to work with the kids. Watching her explain about the occupation to the children is a powerful experience.

    At the crèche, Friday is ‘fun day’. The children are in fancy dress – wearing caps, berets and fantastic head-scarves. Some wear shirts, costume jewellery or older children’s clothes. Several are in drag. They play in clusters; bored, absorbed, excited, unhappy, shouting, fighting, singing and dancing. Jared has brought a friend (and her friend) to visit the crèche. He is looking for people to help him set up other crèches in other movement communities. Jared is working closely with the crèche at the time and we spend a few days here. Jared and Mzonke have laptops so we show some of the volunteers how to word-process and use spreadsheets, hopefully to be used later for crèche admin. Mzonke comes in the afternoon. He is energetic and engaging, and with typical good humour, introduces himself to me under a different name.

    Mzonke

    I arrive at QQ with my large ‘hiking bag’. Mzonke comes to the car to collect it with me. He insists on carrying it back to his place. Feeling a bit anxious I am keen to get it there (and out of sight) as quickly as possible. However, he starts a rather long shouted conversation with someone on the other side of the road, rather oddly I think. Then I realise, that (as at other shack settlements that I stayed at) he is demonstrating publicly that I am his guest. By carrying my bag and standing with me in a prominent place (by the taps, which are raised five feet above the road, and where we can be seen for a long way) he is making it clear that I am staying with him and that this is for my own protection.

    Mzonke has lived in QQ Section for seven years. The first place he was living had a very high water table so that when it rained, and even sometimes when it didn’t, water would come up through the floor. The person at his current site moved his shack to another settlement elsewhere in Khayelitsha and Mzonke took his shack down and rebuilt it in the vacant space.

    Mzonke takes me on a quick tour of QQ. At the western end of QQ there is a marshy area called “the Waterfront”. In the winter it doesn’t dry out and remains permanently flooded. The shack in the middle of the water is completely surrounded by water. There is another waterfront at the eastern end of QQ and we also go there. Mzonke used to live here before is current plot came free. One of the shacks in the middle of the water is abandoned, but we pass another, a foot deep in water. We greet the resident, a young mother holding her small baby. She is cooking on a gas stove. Her bed is raised on pallets and her dresser is raised on plastic crates which also form stepping stones inside the house and outside to the planks which form the path past her house.

    We pass a young woman on the way to the waterfront who fails to return our greeting. When Mzonke asks her why in isiXhosa she says “andibahandi abelungu” (“I don’t like whites”). This is one of the few / only elements of hostility I encounter apart from the youths gathering as I use the cash point. Most people are friendly or indifferent. Some of the youth are less friendly. Some more so, such as the guy I meet playing pool who is at technical college learning robotics.

    Mzonke’s shack is built of metal and wood – there is less natural wood on the Cape Flats and a large number of the shacks are built of corrugated zinc – relatively safer for fires but hot in the summer and cold in the winter. There are two rooms at Mzonke’s, maybe 2.5m. One with a double bed, TV, dresser, fridge, stereo, for him and his wife, the other has a TV and fridge, stove and two single beds for his daughters.

    His wife has just moved to Worcester, a town about three hours by train from Cape Town, for work. She has just had their second baby, Eminathi, but her maternity leave finishes next week. Mzonke’s elder daughter is familiar from the crèche.

    I sleep well at Mzonke’s, although it is cold and the roof leaks in places. Mzonke does not sleep well at QQ as I learn during the time I am there. People knock on his door day and night at any time with problems; a woman’s waters have broken and needs to be taken to the hospital, a woman is being attacked, someone has left a stove unattended – all kinds of difficulties and disputes come knocking on his door.

    He usually works late into the night. I read in a newspaper that when he first started organising he received death threats and no longer sleeps at night. Around 2004/2005 the community was highly mobilised, blocking Lansdowne Road with burning tyres and fighting the police. One time they hijacked municipal vehicles and held the drivers hostage (in a friendly way, Mzonke says) in a (successful) bid to win a municipal street cleaning contract for local residents.

    Saturday morning – community meeting

    We are woken by a loudhailer announcing a community meeting at 9am. Community meetings happen on Saturday morning in the crèche if there are issues to discuss. Mzonke arranges translation for me. The meeting however is not a public meeting. People are initially a little surprised to see me but not unfriendly. Mzonke introduces me and I attempt to explain what I am doing there, which –as it is not study, work, or tourism but perhaps something in between – I fail to do to anyone’s satisfaction. They are however reassured that I am not working for the municipality or the newspapers. This can be a surprisingly common assumption at other times.

    The meeting has to deal with some incidents that have happened in the community over the last few weeks. While crime in the Cape Flats is often dealt with by communities very swiftly with beatings, and expulsion (shacks being torn down), at QQ, disputes and crime which are not serious are attempted to be solved through community meetings and discussion.

    “If you will call the police and send someone to prison,” Mzonke says “you are just building a criminal. People often don’t see the causes of crimes. If someone steals a TV and he does not have electricity and the TV is not in his house, it is not because he wants to watch TV, but because he is poor. He is poor because of the system”.

    Mzonke believes in making decisions by consensus even though it takes time. Although voting is democratic, he says, it is still the majority over the minority. He admits that it is difficult if parties in a dispute fail to participate adequately in the process and although other communities would not tolerate this – “If we do not know the causes we cannot help them”.

    There are no rules for this; each issue is dealt with on a case by case basis. I wonder how the cases in question will be resolved. People in Khayelitsha, many people, are fed up of crime. People are fed up of getting up at 6am to work everyday and saving money and then someone who is not working stealing their things that they have worked for.

    Incidentally Mzonke tells me that umlungu (white person) is still used to refer to work and employers (regardless of race). As in “I’m going to my umlungu, do you have an umlungu? etc. In this situation of high crime, widespread poverty and frustration the first steps towards a rehabilitory, consensus-based approach to autonomous community justice are an inspiring initiative.

    Saturday afternoon – Abahlali WC meeting

    After the community meeting there is an Abahlali meeting. Mzonke has been working with 16 shack settlements in Khayelitsha and today’s meeting is to discuss and arrange a march on local government (at Stocks & Stocks) to demand action on the issues facing shack dwellers in Khayelitsha. Each settlement has sent a representative (sometimes two), usually community leaders. Everyone takes a turn to speak and say what issues are facing them and what they think about the proposed action.

    QQ residents have been trying to meet with their local councillor for four years. They have only managed to meet him twice and believe that he is avoiding them. After working closely with the Ward Development Forum for two years, the community committee pulled out. They have seen no tangible benefit in terms of service delivery and say that the Ward Development Committee is not informed about any plans for relocation to a better area and has no influence over the process. The Ward Development Committee has listened to resident’s concerns but not taken action. Before the 2004 elections they came and promised electricity. It is now 2008 and there are no (legal) connections.

    The Khayelitsha Development Forum has not been of assistance either, as the people that represent QQ section there are from the Ward Development Forum and seem unable to channel development to ward communities. KDF have been unable to control employment opportunities in Khayelitsha. They are supposed to ensure that councillors give monthly feedback, and they have organized meetings with councillors, but the KDF seem to support the councillors instead of the residents. QQ community committee no longer has direct contact with KDF.

    SANCO is seen as useless and concerned more with political power and infighting. They act as a go-between between people and councillors demanding a letter be sent to them to assess the merits of the matter before meeting with councillors.

    The community has received no response to letters they have sent to the Mayor’s office at Cape Town City Council. When an official did come to assess the situation the community committee was not allowed to participate in the discussions, which were with the Ward Development Forum Committee.

    People are angry at the failure of the official channels, the local government neglect, and, obviously, the conditions and lack of services. One woman suggests that they march on the mayor and not the local council. A man with a long scar on his face describes being thrown out of a meeting after attacking the Ward Councillor. He seems prepared to do it again.

    Site C

    After the meeting we go with a friend of Mzonke’s (who I know as Promises, being unable to pronounce or remember his isiXhosa name! – Mbongeni) to visit a friend of Mzonke’s at Site C. Her sister has just had a baby. We sit down on the sofa. The walls are made of thin (5mm) chipboard and painted light blue. A religious picture hangs on the wall. A TV is playing (gospel?) in the corner. The door is open to the street and people walking past occasionally slow down as they pass to look at me.

    After this we go to a tavern nearby so that I can see what it is like. On the way we pass a group of young men wearing suit-jackets and trilbies. The place is packed and spilling out onto the street. Inside there is very little room to move. A TV is showing soccer and a DJ is playing house and, later, trance on CD decks. People are drinking, dancing and talking. As usual, some people are a little surprised to see me, but everyone is cool. The place is just rammed with people on a Saturday evening having a good time. Vendors (somehow) circulate through the crowd selling sausages and fried fish. As the DJ picks up the tempo, more and more people are brought into the dancing until the whole place is moving. Still relatively early (before dark), the music stops and people start to head off. Although Site C is still in Khayelitsha we need to catch a taxi back to QQ as it is too far to walk.

    Sunday

    The following day I take advantage of a break in the rain to do some washing before a meeting of the Children’s Committee in the afternoon. Clearly, I am not the only person with this idea; there is a queue at the tap for water, four or five people are washing clothes there and the alleys around Mzonke’s house all have laundry hung across them, flapping in the wind.

    I am still impressed by the mountains which now that the sky has cleared can be seen on the horizon. Mzonke tells me that the mountains “are a capitalist thing” – if you live in Khayelitsha and are hungry, what use are they to you? Later, while I am enjoying another clear, sunny day, I realise that the weather too is “a capitalist thing”. Without space – without shelter from the elements when they are harsh, or access to places outside to enjoy them when they are clement – the weather becomes just another aspect of deprivation in a world where day-to-day existence is just one struggle after another. Abahlali’s struggle starts from these daily conditions of oppression. It is a fight by ordinary people for a world where life isn’t a fight any more. At Khayelitsha, another front is opening.

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    Jo’burg: LPM Mass Action Against Evictions and Free Basic Service Delivery

    29 October 2008
    Landless People’s Movement Press Release

    Join Gauteng landless communities (Freedom Park, Protea Glen Bond Houses, Protea South Informal Settlement, Precast-Lenasia Extension 11, Chiawelo, Tembalihle Crisis Committee, Eldorado Park, Harry Gwala Informal Settlement)in a peaceful March demanding free basic services, the removal of the useless ward councillors and a halt to mass evictions. On the 30th October 2008, the march will start at Peacemakers Ground in Protea South and then proceed to Old Potch road and Union Road to deliver a memorandum to the Premier of Gauteng Paul “Mathousand” Mashatile.

    Even though the government of the African National Congress is happy about what it has achieved in the past 14 years of democracy in terms of service delivery, the challenges that are facing the poor are immense and the gap between the rich and poor is widening. It is common knowledge that South Africa is one of the most unequal societies in world where more than 50% of the population live below poverty line (less than R20.00 a day) and almost 40% of the people are unemployed. The ANC is proud to say that they have created more than three million members of a black middle class since 1994 but this is in contrast to more than 23 million who live in abject poverty.

    Many of the landless communities have on numerous occasions taken memorandums and petitions to the government to demand speedy service delivery with minimum success. The only answer that has been given by the Housing officials is that the residents are promoting “Anarchy”, are a “Third Force”, are “Instigators”, are “Agitators” and are “counter revolutionary”. This is despite the fact that people live in squalid conditions just like the residents of Protea South Informal Settlement who have being residing in the area since 1985. Many voted in 1994 for the ANC black government with a hope that the life’s of the poor will change from bad to good. All the poor people who live in informal settlements had the hope that life will be better when Nelson Mandela promised people free housing in their area of choice. But this has not been the case; we have seen bulldozers and red ants forcefully relocating people from their homes into far remote isolated places.

    The residents are demanding decent houses for all and that there must a moratorium on evictions in the country. The Metro Police together with ESKOM have been roaming informal settlements and disconnecting people from electricity. People connect electricity illegally because 30% of South Africans don’t have access to electricity due to government’s failure. Why is it that people are still using the bucket system in a so-called “World Class City” like Johannesburg where many residents have no toilets and access to water? The majority of people living in informal settlement don’t have toilets and some have access to Easy Loo toilets, while others use pit toilets. Many of our people relieve themselves in the open field – is this the way to celebrate freedom? People are living like animals; even animals are living much better than many human beings. We voted for our ward councillors in 1994 but just like the African National Congress, they have failed to deliver the poor from the jaws of capitalism where many have enriched themselves at the expense of the poor majority. It is sad that many of the elected officials are aware of all the communities’ problems but they choose to ignore it because of the market/profit-driven policies that make them fat cats. To have access to water is a fundamental human right, not a privilege, but the people who are residing in informal settlements are denied this right and they are forced to make illegal connections. It is not people’s intention to forever stay in places such as the informal settlements but due to the apartheid system, many were forced to live under such hazardous environments.

    All Government Officials make empty Promises.

    Before the local government elections of 2002 Mayor of Gauteng Amos Masondo came to Protea South to campaign for elections and he promised the community that houses will be built for the people. He promised that every South African will benefit from the resources of the country within five years. The former premier of Gauteng Mbhazima Shilowa came on the 15th of April 2005 to make the very same empty promise before the local government elections in March 2006. On the 25th February 2006, MEC of Housing Nomvula Mokonyane also came together with Mayor Amos Masondo to make the same empty promises. Even the local ward councillors (e.g., Mapule Khumalo from Protea South) are arrogant and are failing to carry out simple tasks such as the collection of residents grievances. Instead they humiliate and insult residents in public meetings reciting that there will be no development for as long people reside in Protea South and any-other undeveloped areas for as long as they are in power.

    Even today there are no signs of sustainable development in Protea South – instead the government has built a decant camp, willing to move people from shack to another shack next to the dumping site opposite the Midway Railway Station. The decant camp has been a white elephant since 2005 and the residents demand that it must demolished or they will demolish it themselves. The community of Protea South is divided as some residences are willing to be relocated to other areas of Soweto because the officials are claiming that the land is dolomite. But just like in Tembalihle Informal Settlement-Lenasia South, the land is dolomite when the government has to build people houses but when the private sector has to build malls (Lenasia Trade Route Mall and Protea South Mall) then the land is not dolomite. We know this for a fact that the land is suitable for building houses hence a geological test was done on both areas. As the landless communities we are aware of those residents who want to be relocated to other areas and we respect their right but we don’t want them to move under false pretence by the state that the land is not suitable for building houses.

    For more information please call:
    Maureen Mnisi (LPM) @ 082 337 4514
    Silumko Radebe (APF) @ 011 333 8334 or 0721737 268

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    AEC: Good news, bad news – a carrot and some shotguns…

    A few minutes after receiving news that they qualify for a housing subsidy, Symphony Way residents get terrorised by the police – again!

    Good news, bad news – a carrot and some shotguns…

    Delft Anti-Eviction Campaign Press Statement
    30 October, 2008 – For Immediate Release

    For photos and video, click here.

    Good News — Today, the Pavement Dwellers of Symphony Way finally met with Brian Denton, the deputy director of the Province’s subsidy registration for the Department of Housing. He confirmed that almost all Symphony residents qualify for a housing subsidy. Yet, despite this good news, residents were invaded by the city of Cape Town’s Land Invasions Unit and police who attempted to open a road that they had officially closed in February. They maintain that even though the road will remain closed, residents were not allowed to block the road.

    While Mr. Denton refused to comment on the police invasion saying that the Province has no control over actions taken by the city, he told an American journalist that, while six families do not qualify for a home because of technicalities, all the other residents of Symphony Way can either be allocated homes immediately or can soon have their subsidies processed. He confirmed that “121 families [92% of Symphony Way residents] qualify in the pre-screening for a housing subsidy while 9 families have already qualified and can be allocated housing immediately”.

    Still, residents of Symphony Way have known this all along – we had carried out our own pre-screenings long ago. Instead, we have not been able to obtain houses because of government bureaucracy and the inadequate number of houses being built by the Province.

    Bad News — As Brian Delton drove away, the mood suddenly turned tense as, without warning, the casper (a tank-like riot control vehicle) stationed in the nearby Blikkiesdorp TRA, began moving up Symphony Way toward the settlement. All of a sudden, our community was invaded once again by over 50 officers from SAPS, Metro Police, Law Enforcement and the City’s notorious Land Invasions Unit. The attack, headed by Gregory Exford (who claims also to be a pastor), was painful for us who struggle day-by-day and scary for many of the children on the road.

    According to Mr Exford, the reason for their presence is a city bylaw which requires all roads to be cleared of debris. While the city had officially closed the road in February and had sanctioned the blocking of the road, the city is now selectively using laws to intimidate us.

    One of our residents, Sarita Jacobs (whose son was hit by a drunk driver on the road a few months ago), summed up her feelings as follows: “The action [by the police] brought up a memory of anger. Now the road is open again and the taxis, the irresponsible police, and drunk drivers will again drive recklessly through Symphony Way. It brings up that fear in me – especially because of what happened to my child”.

    But we remain defiant. By evening, the road was again closed.

    Better the police raid our settlement than another one of our children get run over by a drunk driver.

    For comment by the AEC, please call Ashraf at 076 1861 408 and Aunty Jane at 078 4031 302
    For comment by Brian Denton, call 083 6603 330

    Preview on AEC actions in the next 6 days:

    *

    Delft-Symphony Way to seek interdict on Land Invasions Unit and police.
    *

    Friday morning, Gugulethu AEC attempt to prevent 90 year old lady from being evicted.
    *

    Saturday afternoon, Symphony Way get treated to an Italian braai
    *

    Sunday at 14h00, Gugulethu residents face off with MEC for Housing Whitey Jacobs at Gugulethu Sports Complex

    Featured post

    Khayelitsha’s shackdwellers march and speak for themselves!


    Cape Argus 23 October 2008

    Event: AbM Western Cape March
    Date: Wednesday 22 October, 2008
    Time: 11h00-14h00
    Assemble: In between Site-B Day Hospital and Train Station. March to Stocks & Stocks.

    It begins. The shackdwellers of Khayelitsha will no longer be spoken about. We will speak for ourselves.

    Abahlali baseMjondolo, the shackdweller’s movement that has wrecked havoc on the oppressive town planning of the KwaZulu-Natal government, is now a force to be reckoned in the Western Cape.

    At least 10 informal settlements from Site-B and Site C will be joining Abahlali baseMjondolo of the Western Cape as they march from Site-B to Stocks and Stocks Local Municipality Offices.

    We are fed up. We demand our constitutional rights to sanitation, to electricity, to water, to safety from fires and to housing. But we also demand a new kind of service delivery and housing process. A truly peoples’ process that revolves around the communities themselves.

    This is only the beginning.

    Nothing for us, without us!

    For more information, contact AbM Western Cape at 073 2562 036

    Abahlali baseMjondolo is a community-based and community-controlled movement. We are not a political party or an NGO. We do not believe in the so-called ‘stakeholder approach’ to development which seeks to make top-down government policies seem democratic. We are committed towards seeking alternatives with regard to these neoliberal-based policies which affect people living in informal settlements. We believe in the principles of participatory democracy where such alternatives come from below and to the left.

    MEMORANDUM TO THE MAYOR OF CITY OF CAPE TOWN

    Abahlali baseMjondolo of the Western Cape

    Email: abmwesterncape@abahlali.org
    website: www.khayelitshastruggles.com

    Dear Madam Mayor
    Date: 22 October 2008

    We (the shack dwellers of Khayelitsha) would like to bring our concerns into your attention and we note with great concerns that people who are living at informal settlements within the City of Cape Town are ignored and undermined by the City and we therefore call on the City of Cape Town:

    1. To scrap its comprehensive plan for informal settlements (i.e. City’s Master Plan) as we believe that this is a top down approach and it undermines people’s right to participate meaning fully towards their development, and we oppose to one size fits all approach as carried by the plan.

    2. To recognize all people that are living at informal settlements as legal occupants not as illegal occupants, as this does not give people a security of tenure and it allows Government to forcibly remove people to the dumping sites.

    3. To upgrade all the informal settlements where they are, and we oppose DA housing policy/approach of one plot one house, this strategy is apartheid based and it forces lot of people outside well located land instead of keeping more people within the City

    And we further demand that:

    Ø All the bucket system must be phased out and Power flash toilets must be upgraded to pure flash system before 2009 elections.

    Ø All the informal settlements must be electrified

    Ø All the informal settlements must be serviced with water, toilets and with access roads

    Ø City must directly talk to us not about us

    Last but not least we call on City of Cape Town to release a detailed report of walk about informal settlements of Khayelitsha (which were: CH site C, DT opposite fire station at Site C, TR section Site B, VT Site B, VV Site B, WA Site B, WB Site B, TT Site B, UT Site B, XA Site B) which were conducted on the 16th of August 2008 with Dan Plato who is a Housing mayco member and his officials.

    Abahlali baseMjondolo of the western Cape declares that:

    No House! No Land! No Vote!

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    Jo’burg: Stop the “Eradication and Prevention” of our homes.

    Community leaders from across Gauteng will meet with newly elected Ekurhuleni Mayor Ntombi Mekgwe to show her the devastating impact of government policy in the informal settlement of Makause on the east of Johannesburg. The visit will take place on the 16th October, the eve of the United Nations’ International Day for the Eradication of Poverty.

    MEDIA ALERT: Stop the “Eradication and Prevention” of our homes.

    Issued on 3 October 2008 by a coalition of Gauteng community organizations

    Community leaders from across Gauteng will meet with newly elected Ekurhuleni Mayor Ntombi Mekgwe to show her the devastating impact of government policy in the informal settlement of Makause on the east of Johannesburg. The visit will take place on the 16th October, the eve of the United Nations’ International Day for the Eradication of Poverty.

    The KZN government has passed a law ominously named the Eradication and Prevention of Re-emerging of Slums Act of 2007. The Act declares that our settlements should be destroyed by 2014. The National Department of Housing has given other provinces until November 2008 to develop similar laws. In line with these laws government will no longer extend service to citizens living in these communities.

    Government currently provides no electricity, water, or waterborne sewerage to the 18-year-old informal settlement of Makause. “These are our homes. We will not allow them to be destroyed, We need the services our Constitution promises” said General Moyo of the Makause Community Leaders Forum.

    The Forum has delivered various memorandums to their local and provincial governments. The Forum then took the government to the Supreme Court of Johannesburg, which ordered government to ‘meaningfully consult’ and accommodate Makause community concerns.

    In Gauteng most local governments treat consultation as a formality and even exclude community organizations from planning processes. According to Buyi Nhlumayo from SANCO: “They forget the power is ours. They don’t take our contributions seriously, and in some cases even exclude us for public consultation processes”.

    Gauteng leaders will show solidarity with the Makause community. “We are struggling in SOWETO, Alex, the Vaal, all over the province. Makause have the same right to free basic services as all of us and we will stand with them” said Mimi Ntsibolwane from the Soweto Electricity Crisis Committee.

    We invite the media to join Mayor Ntombi Mekgwe as she walks though the Makause settlement and responds to the concerns of her constituency.

    DATE: Thursday 16 October 2008
    TIME: 11am
    MEETING POINT: Primrose swimming Pool, Pretoria Rd, Primrose

    FOR MORE INFORMTION OR COMMENT: General Moyo, Makause Community Leaders Forum, on 073 430 7006 or generalmoyo@gmail.com

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    Upgrading of Informal Settlements (Don’t destroy it upgrade it)

    http://www.khayelitshastruggles.com/2008/10/upgrading-of-informal-settlements.html

    Upgrading of Informal Settlements
    (Don’t destroy it upgrade it)

    This is a very good concept, and ABM WC support the concept, because:

    1. It house people where they have established them selves

    2. It gives them legal status

    3. It gives people security of tenure

    4. It does not remove people where they are performing their daily economic activities

    As much as we support the concept, there are few problem or challenges regard to this that still need to be addressed such as;

    1. De-densifying; as this approach exclude people from the process and it also break the social link that people have established and it also take people away from where they are performing their daily economic activities.

    2. Relocating; it is not a good view to relocate people in order them to make a way for construction, as this process complicate people people’s life and it also affect their jobs. When this approach of relocation is being carried government must compensate people as this process impact at their livelihood, when doing so individual circumstances must be considered not a silver bullet approach or one size fits all, here we are talking about the lives of poor people not the lives of animals and that need to be taken seriously and be respected.

    3. The top down approach: When this process took place people who are going to benefit must be recognized and they must play a vital role in the process especially when it comes to decision making, because this decisions affects them not anybody else therefore their view matters and need to be respected.

    4. Politics/politicians: Government and community leaders need to stop mixing politics and development, here we need to be clear when talking about peoples living conditions we are talking about the desperation and peoples lives. People have been living under appalling conditions at informal settlements for years others have been living more than 20 years without toilet, water and electricity because of that our people become vulnerable to corrupt leaders.

    5. Single plot one house: This approach is out of fashion now and this approach forces lot of people out of the area, and few will benefit and it also incite division in our communities and it make it easier for politicians and corrupt leaders to take advantage of our people at their communities. With this approach instead of people focusing on alternatives or on how they can share the piece of land that they are occupying, they spend lot of their time fighting among them selves on who must benefit and who must not benefit, because of this corrupt community leaders take advantage of the process and sell plots to outsiders and accept bribes from desperate people within the community.

    6. No community participation = no accountability: If developments excludes peoples participation and is not people driven or people centered then such process will be faced with lot of problem, and it is likely possible that such process will delay and over spend because is politically driven and will be politically challenged.

    Our Stand Point

    1. We call for transparency, before the project of upgrading the informal settlement people must be educated of pre processes, time line and the budget or cost of the projects, If this process is clear from the beginning it will help people to participate meaning fully in the process, if people does don’t have enough information about the project and where the money comes from, they’ll not be able to participate meaningfully, but if people are clear of the fact that the money that will develop the area in which they are staying at it is their subsidy money and no one is doing favour for them, then it became easier for people to voice their views freely because they are clear of the process, but if people are under the impression that government is doing favours for them when upgrading their areas then people will accept that easier because they are under the impression that half of a loaf is better than nothing and in reality it is better than nothing only if you don’t have a choice but when you have a choice you need to exercise that right.

    2. Transfer of land ownership: This is a major problem with housing in South Africa, and the question of housing will not be solved now or within ten years it will take between 40 to 60+ years before is sorted as long as people does not have a security f tenure, which makes it difficult for people to take control of their situations, or play vital role on developing their communities. We believe that if first government can transfer the ownership of land to people who occupied the area it makes easier for people to engage on their housing approach, even before that they can engage on how they’ll own and manage the land collectively and this process create meaning full community participation because everyone become a role player and every ones decision will be respected and this with this approach it will be very difficult for people to be left out of the project, because when people take decision on what types of houses they need they’ll take into consideration two things

    2.1. They’ll not want to leave any body out side/ they’ll need to make sure that everybody will benefit from the project, vital decisions will not be taken through voting but through consensus.

    3. Community Participation; If people are in charge of their development, and are controlling it there will be no need for people to relocate or for de-densification, as long as decisions are made on a community level irrespective of which housing approach will be carried, if the process is community owned people will be able to way a way for construction to take place for first phase and the are number of options that people can look at instead of relocation and this options will be painless and will not have a major impact on their livelihood as long as they are in charge of the process is community based.

    Temporal relocation Area (TRA’s)

    TRA’s are not only unsuitable but also a waste of tax payers money’s, instead of government identifying land to relocate people to other areas, what we are saying is:

    1. They are wasting lot of money on the top structure of these TRA’s, instead of doing that after identifying the piece of land they must build houses for people that are nearby the area and backyard dwellers must be prioritized as a tool to upgrade them as well where they are and people who are on the waiting to that particular must also be prioritized instead of inciting division to the poor and make them fight about the piece of land.

    2. Relocation is not democratic, should be opposed at all corners and should not be tolerated, people them selves need to establish zero tolerance policies at their communities for relocation to the dumping sites.

    3. People need to relocate them selves where it is suitable for them, by occupying available land within towns, unused buildings or centers and empty hotels.

    Land Invasions

    Government is trying by all means to come up with zero tolerance policies against land invasion and they are setting up land invasion unite, hire ring bidders to demolish people’s structures that are invading land.

    1. We are saying if government can not build enough houses for people, when people create their own communities should be allowed, and they need to be supported by government by immediately providing services for them, and immediately recognize them as legal occupants, lastly transfer the ownership of land to them

    2. This process of invading land is people centered and it must be respected, because is democratic, based on the fact that a decision to invade come from people and a decision on where to invade it also comes from people as well it’s unlike the forced relocation where people will be forced out of well located piece of land to the dumping site,

    Human Settlement

    This is also a good view as well and need to be supported, in terms of cutting across division, in terms or race, gender and class in our communities and create future communities, but when this takes place poor should not be taken advantage of in the process, why government must forced poor people out of the own communities, then after build houses that people will not even qualify for?

    Partnership

    When upgrading the area who must government enter into partnership with, there’s poor people that are currently living in the area and the are big monopolies?

    ABM Western Cape condemns this capitalist partnership of public private partnership and calls for public public partnership.

    We are saying when upgrading the area the first and the last partners are people who occupied the land irrespective of the financial circumstances and a house shouldn’t be made a privilege for the poor, this is the basic fundamental right and need to be respected.

    Physical intervention

    The rate of poverty at our community is very high based on the fact that most people at our communities are unemployed therefore we call on government when upgrading the area people from the area which is being upgraded they must be involved so that the process can create employment for unemployed people and people will need to trained and this can be done through skills development programs.

    If this process can be respected it will create accountability because people are involved and participating at each and every step of the process and it become very difficult for corrupt leaders and governmental officials to manipulate the process and it also prevent corrupt construction companies to build poor houses or ghost houses.

    This article is written by Mzonke Poni, Chairperson of ABM Western Cape

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    AEC Political Prisoners released on parole after appeal is lodged

    Delft Anti-Eviction Campaign Press Statement
    9 October, 2008 – For Immediate Release

    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

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
    www.antieviction.org.za
    -~———-~—-~—-~—-~——~—-~——~–~—

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    A State of Emergency – Statement After the Fire Summit


    City Wide Shack Fire Summit, 22 September 2008

    Wednesday, 08 October 2008

    Abahlali baseMjondolo (KwaZulu-Natal & Western Cape)
    Landless Peoples’ Movement (KwaZulu-Natal & Gauteng)
    Rural Network (KwaZulu-Natal)
    Western Cape Anti-Eviction Campaign (Western Cape)
    South African National Civics Organisations (eThekwini region)

    The City Wide Shack Fire Summit called by Abahlali baseMjondolo was initially scheduled to be held in the Foreman Road settlement. It had to be moved to the Kennedy Road settlement after the Foreman Road settlement burnt down on 13 September leaving thousands destitute and homeless and Thembelani Khweshube dead.

    The Summit was attended by shack dwellers from all over Durban and from various organisations. It was also attended by Abahlali baseMjondolo members in Cape Town and representatives from our comrades in the Poor People’s Alliance – the Landless Peoples’ Movement, the Rural Network and the Western Cape Anti-Eviction Campaign. SANCO also participated in the event. This statement was written and approved by the four organisations united in the Poor Peoples’ alliance and is also supported by the eThekwini region of SANCO.

    A State of Emergency

    Statement after the City Wide Shack Fire Summit on 22 September

    The day before the shack fire summit we held a mass prayer to mourn all those who have died in the fires. We mourned our comrades from Kennedy Road, Foreman Road, Cato Crest, Isipingo, Clairwood, Sea Cow Lake, Kimberly, Ermelo, Cape Town and Johannesburg.

    Our struggles start from the fact that we are all human beings. We cannot allow the experts to define us, we define our own status. We define the situation that we face and how we choose to face it. Our summit was held so that we could define ourselves and our situation and then begin an open and public discussion amongst all shack dwellers’ organisations on how to defend ourselves and our communities from the fires.

    The Abahlali baseMjondolo report on shack fires shows that there is an average of ten shack fires a day in South Africa and a fire almost every other day in Durban. Last year 20 people died in shack fires in Durban alone. In the five biggest cities in South Africa an average of 200 people die in shack fires every year.

    If the rich were being burnt like this in their suburbs it would be taken as a crisis for the whole country. But because it is the poor that are suffering this crisis is taken as if there is no crisis, as if it is just normal for poor people to burn.

    People lose everything in shack fires. They looe money, clothes, documents, medicine – everything. Children that lose uniforms can’t go to school. People that lose ID books can’t get grants and pensions. People that lose HIV treatment are sometimes considered to have defaulted. People sometimes lose jobs and have to drop out of studies. Children are haunted by nightmares. They can no longer feel safe in their own homes. Sometimes parents have to move to outbuildings that they can’t afford or to accept relocation to the human dumping grounds outside the cities because their children are too scared to sleep in the shacks.

    We are human beings. Our lives matter as much as anyone else’s life. Our communities matter as much as anyone else’s community. Therefore these fires are a crisis for the whole country. They are a state of emergency. They must be stopped by all means possible. If the government and the rich are not willing to recognise our humanity and continue to fail to recognise that shack fires are a crisis for the whole country then we will have to force the government and the rich to recognise the humanity of the poor.

    The causes of the fires are clear. The fires happen because shack dwellers live close together in small shacks made of plastic and cardboard and because we are forced to rely on candles for light, paraffin stoves for cooking and braziers for warmth.

    The politicians who say that we burn because we are drunk or that we burn because we set the fires ourselves so that we can be prioritised for housing insult our intelligence and dignity. Their failure to spend even one week living in a shack so that they can start to learn something about the conditions in which the poor must live indicates their contempt for the poor. It is clear that they know nothing about our lives and communities. You cannot be pro-poor if you are not with the poor – finished and klaar.

    We reject those government officials like the notorious Lennox Mabaso who say that the solution to shack fires is that shack dwellers must be educated. This is no different to those who say that the poor get cholera because they have not been educated to wash their hands when of course the real problem is that the poor do not have access to safe water. The solution to shack fires is not the education of the poor – it is the education of the rich so that they can learn to recognise the humanity of the poor. The long term solution to shack fires is land and housing for all. The short term solution is fire hydrants, access roads for fire trucks, more taps, better building materials, fire breaks in the settlements, good support from the fire brigade and, most of all, electricity.

    Fires are also a major problem in the rural areas. They are just one of the many problems that come from the fact that democracy has not reached the rural areas.

    The situation is different in different cities. In Durban shack dwellers now, after a long struggle and many arrests and beatings, get very good service from the fire brigade. In Johannesburg they must still fight the fires on their own. In Durban shack dwellers have been denied legal access to electricity since 2001 when a decision was taken to stop the electrification of shacks. In Cape Town and Johannesburg shacks are still electrified.

    But everywhere all communities connect themselves to electricity in order to ensure their own safety. Everywhere the government considers community organised connections to be illegal. Everywhere they send in the police to de-electrify people. Often this is violent and people are arrested. Everywhere people just reconnect themselves the next day. It is clear that if the government cannot or will not give poor people the electricity that they need to be safe then the poor will have to do it themselves. It is clear that the people are already doing this and that they will not stop until the government gives them electricity.

    It is clear that the 2001 decision to stop electrifying shacks in Durban is unacceptable and completely inhuman. Many people feel that shack dwellers are deliberately being left to burn in Durban so that they will be forced to accept relocation to the human dumping grounds outside the city.

    Everywhere people are connecting themselves to taps in order to ensure their own safety and to respect their time, especially women’s time. People will not stop this unless the government gives them enough taps.

    In Durban Abahlali baseMjondolo is negotiating with the Municipality to get access roads and fire hydrants. These negotiations are very much welcome but we need these things for everyone.

    In Cape Town people have often got building materials from the government after fires. In Durban this happened for the first time after the Kennedy Road fire. All settlements need to get good quality building materials after fires.

    Everywhere it is clear that shack fires, and floods too, are being misused to force people into the notorious ‘transit camps’ or ‘temporary relocation areas’. This started in Joe Slovo in Cape Town but now it is happening everywhere. This is a way of exploiting the suffering of the poor, a suffering caused by government neglect, in order to force the poor out of the cities. It must be resisted.

    Everywhere government comes with top down ready made solutions after fires. This is unacceptable. Each community must decide its own future. Councillors do not speak for communities. Communities must be able to think and speak for themselves.

    In Durban there are many reports that support provided to communities after fires are being allocated on a party political basis. This is not democracy. This is unacceptable.

    It was noted that the eThekwini Municipality failed to attend the City Wide Shack Fire Summit. It is clear that they are not yet serious about shack fires or democratic development.

    It was noted that some big and very rich NGOs that like to talk for the poor but are very scared to talk to the poor failed to attend the City Wide Shack Fire Summit. It is clear that they are not really serious about partnerships with democratic poor people’s organisations that are only accountable to their members.

    It was noted that everywhere the councillors are undermining the people and doing nothing but trying to build their own power over the people.

    It was noted that some left NGOs and academics continue to behave like councillors.

    It was noted that some pastors like power too much.

    It was noted that middle class people also drink and knock things over.

    It was noted that the government will have to be forced to recognise the humanity of the poor.

    It was noted that capitalism is a war on the poor.

    It was noted that a living solidarity between poor people’s movements can strengthen the struggle of the poor.

    Two suggestions were made for a way forward:

    1. All of the movement present organise one march every month until the fires are recognised as an emergency and the settlements electrified.

    2. All of the movements present engaged on a country wide defiance campaign in which people openly connect to electricity and taps in the name of dignity, safety and justice until the government admits that the poor are also human beings and should also be safe from fire.

    Delegates will take these suggestions back to their movements where they will be discussed. Once everyone has had a chance to discuss these proposals, or if necessary to suggest new ones that should be discussed further, the way forward will be announced.

    For more information and comment please contact:

    Abahlali baseMjondolo: S’bu Zikode – 083 547 0474
    Landless People’s Movement: Maureen Mnisi – 082 337 4514
    Rural Network: Rev. Mavuso – 072 279 2634
    SANCO (eThekwini Region): Mabuyi Nhlumayo – 083 317 5811
    Western Cape Anti-Eviction Campaign: Ashraf Casiem – 076 186 1408

    To Hell With Shack Fires!

    Sekwanele!

    Alone we are weak. Together we are strong. All together we are the flood.

    Also see:

    Fire at XA Settlement AbM Western Cape Statement, 6 October, 2008
    No more fires! No more evictions! The poor assert their right to the city!, Western Cape Anti-Eviction Campaign Press Statement, 21 September 2008
    Slums Built on the Ashes of Apartheid, Sunday Tribune, 21 September 2008
    Massive Fire Devastates the Foreman Road Settlement, 13 September 2008
    A Big Devil in the Jondolos: A report on shack fires, 8 September 2008
    Another Huge Fire Devastates the Kennedy Road Settlement 31 August 2008
    Land & Housing: The burning issues Speech by S’bu Zikode at Diakonia, 28 August 2008
    Armed De-electrification in the Motala Heights Settlement, 19 August 2008
    Abahlali baseMjondolo eThekwini Calls for City Wide Shack Fires Summit, 8 August 2008

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    COHRE Report on Housing Rights in Durban

    The full text of the report ('Business as Usual') is available in pdf here or on the COHRE website at: http://www.cohre.org/southafrica

    COHRE Press Statement

    Monday, 6 October 2008

    The Centre on Housing Rights and Evictions, based in Geneva, today released a report on housing rights in Durban. While recognizing the efforts of the eThekwini Municipality to build a considerable number of houses each year, the report concludes that the houses being built are often located so far out of town as to make them unviable for many people due to unaffordable transport costs to work, schools, and hospitals. The report also expresses serious concern about the size and quality of the houses that are being built and over the failure to provide adequate levels of basic services to shack dwellers while they wait for formal housing. In some instances levels of basic services in shack settlements are inadequate to the point of being life threatening according to COHRE's research.

    COHRE's executive director, Salih Booker, said today that, "We have a profound concern about the high number of unlawful evictions carried out by the eThekwini Municipality. Evictions are a routine occurrence in Durban and COHRE researchers did not come across a single instance in which an eviction by the Municipality had been carried out in accordance with the law."

    COHRE expresses a profound concern about the high levels of state repression, much of it clearly unlawful, to which the shack dwellers' movement Abahlali baseMjondolo was subject from 2005 until 2007.

    COHRE is pleased to note that since the research phase of the Durban Fact Finding Mission was concluded relations between organised shack dwellers' and the Municipality have improved significantly. There has been a dramatic decline in allegations of police harassment and all parties seem optimistic about the current negotiations that the Project Preparation Trust is facilitating between Abahlali baseMjondolo and the eThekwini Municipality. COHRE is also encouraged to note that the eThekwini Municipality is now exploring the prospect of dramatically stepping up the provision of basic services to a number of settlements and of developing two pilot projects in which settlements will be upgraded in situ via the Breaking New Ground policy.

    However COHRE remains concerned about unlawful evictions, the current poor levels of basic services in shack settlements and, in particular, the very high instance of often fatal shack fires and the dangers to which residents, especially women, are subjected by the lack of adequate sanitation in many settlements. Finally the COHRE report highlights the dangers posed to housing rights across KwaZulu-Natal by the Elimination and Prevention of Re-emergence of Slums Act.

    COHRE is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and Observer Status with the African Commission on Human and Peoples' Rights. COHRE works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions. COHRE's work includes undertaking fact-finding missions to cities around in the world.

    Also see:

    Featured post

    AbM & AEC Statement: Floods Rock The City

    Floods Rock the City

    Joint AbM and AEC Press Statement
    24 September 2008

    Gugulethu — About 50 residents from Thambo Square informal settlement have been displaced from their homes to a local community hall as a result of flooding in their shacks (Cape Town’s heavy rain this winter has left a lot of people homeless in the City.

    The devastated group early this morning marched to the office of their local Department of Social Development seeking immediate relief or intervention such as building material for their shacks, plastic to put over their roof, blankets and a temporary sleeping place. However all they were able to get from Social Development was an unpleasing response. People were told that the ANC government had nothing to do with their situation and they must go to DA. When trying to question the unpleasing response by government, instead of receiving a proper report, the police were called to intimidate and threaten the residents. Residents then went back to their flooded homes in Thambo Square informal settlement.

    ‘We don’t want their soup and bread we are not hungry maybe the reason why they ill treat us they think that we are here to demand food, we only need alternatives such as relocation to better suitable land or BNG houses, not desperate for food as they think’ said frustrated Libo Meyi (072 488 3025).

    Unemployed Neliswa who has been staying at the area for the past 10 years said ‘we need distribution of roof sails and building material only’ (073 850 4291).

    Noluseko is a mother of three children, and the floods left her with nothing (all her valuable furniture had been damaged by the rain): ‘I don’t talk about my hi-fi, TV and DVD they are dead as talking to you’ she said. ‘We don’t need food and blankets, we’ve got them and they are flooded even if they can give us blankets they’ll still be affected by water like our blankets, what we need from them we need houses, even if its wendy houses as they are provided to people at other areas such as Philippi, people at their areas do received R500 for disaster at other areas but not at this area why?’, she asked (071 919 7062).

    According to Zoliswa Fuyani who has been staying at the area for more than 20 years the Ward Councilor does not want to listen to people who put her where she is today. When the ward counselor is called to listen to peoples grievances she will tell the people that she does not have anything to do with them.

    A 55 years old lady who only wanted to be identified as Makhulu (who has been staying at Thambo Square for more that 11 years) commented: ‘my house is flooded and I had to go to families members asking a place to stay for my three grandchildren, they don’t have anything to eat and their clothes is wet and they only left with the ones that they are wearing’. Her only wish is for the current MEC for housing (who lives in Gugulethu) to visit their area so that he can see the appalling conditions that people are living under. ‘When Whitey Jacobs come here I want him to tell me when am I going to receive my house key’ she said (083 857 7780).

    According to Vinus Nogqala, the problem at Thambo Square lies with community leaders who enjoy the power and playing politics with people’s plights. She had lost her son in the early 90’s because he was involved in politics. She was only compensated with R30 000 which she described as sweets. She is currently under TB treatment and is living with her 7 years grandson who had undergone a serious stomach operation at Grooteschuur hospital 3 years back. ‘I know how politics works and how people are exploited by politicians and I am tired of lip services and empty promise, what I desperately need is a proper place to put a head under’ she said. ‘We don’t need soup or bread we’ve got plenty at our places, the only thing that we need is a proper place to live at, and toilets.’

    ‘We don’t need anything from them as they always response with soup and blankets, we’ll make sure that we’ll reject them’ said devastated Silindile Mvambo who is 23 years old (078 355 7822).

    ‘People have passed away here because of double pneumonia who occurred as a results of their living situations, early his week one person died at this area and I want government officials to come and see themselves this things that I am talking about. We need proper houses and if they can’t at least they must try to alleviate the ground level as the area is below the ground level which makes it prone to flooding’ said 24 years old Siphokazi Bushman who is a community leader (0783298 321).

    After 2 hours of engaging, community members decided to go to occupy the local community hall. Just 30 minutes after occupying the hall the Ward Councilor finally showed up to engage with the residents. Due to the high tension between the residents and the Ward Councilor, the Chairperson of newly formed Western Cape brank of the shack dwellers movement Abahlali baseMjondolo, Mzonke Poni, was asked to facilitate the meeting between the residents and the councilor. After 3 hours of engaging with the counselor the solution was found where it was agreed that:

    1. The community hall will be available to community members until the rain is over.

    2. The Ward Councilor will seek other disaster relief packages such as blankets and sleeping mattress.

    3. The Ward Councilor needs to report the city of Cape Town so that a generator can be provided to pump the water out of the area

    4. City of Cape Town needs to be pressurized to identify dry land to relocate people to. The land needs to be in Gugulethu or nearby, not outside the city in dumping sits such as Delft and ‘unhappy valley’ [Happy Valley]

    The residents of Thambo square are receiving unlimited support from Gugulethu backyard dwellers who affiliate to Western Cape Anti-Eviction Campaign.

    For more information please contact:

    Mzonke Poni from Abahlali baseMjondolo 0732562036
    Mncedisi Twalo from Gugulethu Backyard dwellers 0788508646
    Zubenashi who is a community leader at 073 8858 599

    Or any other people who contributed at this press statement, their numbers are available next to their comments.

    Featured post

    Sunday Tribune: Slums built on the ashes of apartheid

    http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20080921085429202C416922

    Slums built on the ashes of apartheid

    September 21 2008 at 01:42PM

    By Imraan Buccus

    Last Saturday almost the entire Foreman Road shack settlement in Clare Estate, Durban, burnt down, leaving thousands destitute.

    The next morning residents found a body in the ashes

    There was a devastating fire in the same settlement in 2007.

    The photographs from the morning after are apocalyptic. The nearby Kennedy Road settlement has had seven major fires in 2008.

    Just a few weeks ago eight people, including five children, were burnt to death in a shack fire in Cato Crest.

    My family, together, I am sure, with most Sunday Tribune readers, has been deeply shocked to read about these fires in the comfort of our sturdy homes.

    The shack dwellers’ movement, Abahlali baseMjondolo, recently issued a report on shack fires.

    Robert Neuwirth, the American journalist who lived in shack settlements in Rio, Mumbai, Nairobi and Istanbul while researching his celebrated book, Shadow Cities, wrote that the report “is necessary reading, written with contained fury”.

    “It is an indictment of the policies that have led to hundreds of deaths in South Africa’s squatter communities every year.”

    The report shows that on an average day there are 10 shack fires in South Africa.

    In Durban there is an average of one shack fire a day.

    Shack fires put young children and old and disabled people at particular risk, result in the loss of identity documents and school uniforms and render the already poor destitute.

    They also create acute stress for children, many of whom are tortured by recurring nightmares about the fires. Some lose their HIV medication and getting additional supplies is sometimes almost impossible.

    Here in Durban, from 1990 until the city adopted its controversial slums clearance programme in 2001, serious attempts were made to provide life-saving basic services to shack settlements.

    Decision

    But after the adoption of the slums clearance programme all shack settlements were instantly deemed “temporary” and the provision of basic services was largely stopped.

    But a bureaucratic decision to declare shacks temporary doesn’t make them go away.

    People now just have to live in them without enough taps, toilets, paths, drains and so on.

    The decision to stop the provision of basic services is a key cause of the fires and a key cause of the difficulty that residents have in fighting the fires.

    One of the services that was withdrawn from shack settlements after 2001 was electricity.

    There is a direct link between the fires and this decision.

    When people are crammed into one-roomed shacks with walls of plastic and cardboard, the smallest accident with a candle or paraffin stove can result in thousands losing everything in a matter of minutes.

    Everyone seems to agree that the fire brigade does a good job once they reach the scene.

    But shack fires spread quickly and once a fire is started it is impossible for people to fight it effectively if, as in Foreman Road, there is only one tap in the whole settlement.

    Despite the high risk of fire in shack settlements, the city does not provide residents with fire extinguishers.

    This is unacceptable.

    If we are to have any claim to be a caring city the decision to cease the provision of life- saving basic services to shack settlements must be reconsidered with maximum urgency.

    In fact, given the stress that the constitution puts on the right to life and the rights of the child, it is probably unlawful.

    The whole policy of slum clearance is fundamentally misguided. This was the policy of apartheid and of other authoritarian regimes like the dictatorship that ran Brazil in the 70s.

    These policies have never worked and are now entirely discredited internationally.

    The reason they fail is because they see shacks, rather than the housing crisis, as the problem.

    They fail to understand that shacks are poor people’s solution to the housing crisis.

    Neither knocking down shacks nor forcibly removing people to housing developments out of town are viable solutions to the housing crisis.

    Both approaches just make the housing crisis worse.

    These days the progressive policies that have been developed in countries like Brazil and the Philippines are not about “eradicating” or “clearing” slums, but instead seeking to support shack settlements so they can develop into viable communities with decent conditions.

    Mistakes

    The first step is to secure tenure for residents, so there is no threat of eviction. The next is to provide basic services, and the third is to formalise the housing.

    But here in South Africa we have got it all wrong.

    We are making two fundamental mistakes.

    The first is that our only focus is on building houses. This means we leave people in the most appalling and insecure conditions while they wait for housing.

    The second is that much of the housing that is being provided is, as under apartheid, being built on the periphery of the cities where people simply can’t survive.

    We have failed to understand that where people live is sometimes more important to them than the structure in which they live.

    We have also failed to understand that housing rights are not just about access to a physical structure – they are also about such things as security of tenure and access to basic services.

    Abahlali baseMjondolo has called a city-wide shack fire summit for Monday. It has invited all shack dwellers’ organisations, academic experts, NGOs and the municipality.

    Let’s hope that all these different groups take up this invitation, put their heads together and come up with a set of practical strategies to stop the fires.

    We cannot continue with a situation where to be poor in Durban means that your home will be burnt down again and again.

    We need decisive action to stop the relentless fires that are devastating the poorest communities in our city.

    # Imraan Buccus is a research organisation and university-based researcher.

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    AEC: No More Fires! No More Evictions! The Poor Assert their Right to the City

    Update: Please note that after vigorous protest at the arrival of bulldozers on the site of the fire without consultation the City agreed to allow Foreman Road residents to decide whether they wanted to rebuild themselves or stay in an on site transit camp.

    http://antieviction.org.za/2008/09/21/western-cape-aec-in-durban-for-shack-fire-summit-alliance-meeting-and-to-support-comrades-at-foreman-rd-who-are-being-subject-to-illegal-demolitions/

    Western Cape AEC in Durban for shack-fire summit, alliance meeting, and to support comrades at Foreman Rd who are being subject to illegal demolitions

    Western Cape Anti-Eviction Campaign Press Statement
    September 21, 2008

    No more fires! No more evictions!
    The poor assert their right to the city!

    Elokshini eKapa – As the AEC heads to Durban this weekend for an important alliance meeting and Shack Fire Summit with Abahlali BaseMjondolo (AbM), the residents of Foreman Rd are resisting the opportunistic illegal demolition of their homes by government after they experienced one of the most devastating fires of any informal settlement in the last few years.

    Over 70% of the settlement burned down only a few days ago. That’s over 1,000 families who have lost everything they own. Abahlali baseMjondolo holds government’s armed de-electrification program responsible for all shack fires, deaths from shack fires, and burnt property in their settlements.

    But instead of helping residents, the government has used this disaster as an opportunity to destroy the remaining shacks and forcibly remove all residents to “Temporary” Relocation Areas (TRAs).

    The Anti-Eviction Campaign knows this tactic all too well. In Joe Slovo, thousands of residents were removed to TRAs in Delft a few years ago when a big fire destroyed their homes. They are still stuck in these barren, unhealthy, asbestos and crime-ridden camps. Lindiwe Sisulu and her cronies are now trying to evict the rest of the Joe Slovo residents (almost 20,000) to the same TRAs in Delft – as though the previous evictions were proven successful. But Joe Slovo residents say asiyi eDelft – they vow never to go to Delft.

    Now, the government is also attempting to obtain a court order to evict the Pavement Dwellers of Symphony Way to another TRA in Delft (this one looks like a refugee camp with police controlling entry and enforcing a curfew for all occupants). But the Pavement Dwellers, who have already been evicted once this year, refuse to go anywhere but into a house. They vow to sleep on Symphony Rd in the rain if bulldozers come to break down their shacks.

    Other AEC affiliated communities are facing similar threats of evictions into the TRAs but every single one of them is attempting to resist. They know if they move there, they may be stuck in these government shacks forever.

    In Durban, the AEC and AbM will also be having an important alliance meeting that will possibly introduce two more independent social movements into our Action Alliance (our national social movement alliance which challenges our oppressors when they act without a mandate from the people.

    So, as the AEC heads to the first ever people’s Shack Fire Summit that is to be held in the ashes of Foreman Rd, we would like to remind the following to anyone interested in building a just world:

    1) Even though we are poor, we are not stupid! We are the experts of our own communities. Only we can put an end to poverty.

    2) Talk to us, not for us! We do not give any politician the mandate to speak on our behalf. We can speak for ourselves.

    3) Aluta Continua! The people will continue to fight for our constitutional right to houses, to electricity, and other services. Everyone’s basic needs must be met.

    4) Outlaw all evictions now! Land is not property. Land is not a commodity. Land shall be shared by those who live on it.

    Qina Mhlali! Qina! In solidarity with Foreman Rd and poor people anywhere and everywhere,

    The Western Cape Anti-Eviction Campaign

    For more information, please contact any of our coordinators:

    Ashraf Cassiem – 076 1861408
    Mncedisi Twala – 078 5808646
    Pamela Beukes – 079 3709614
    Mzonke Poni – 073 2562036
    Gary Hartzenberg – 072 3925859
    Willie Heyn – 073 1443619
    Jane Roberts – 072 2644319

    Featured post

    Siyanda Crisis: Evictions, Police Intimidation, Unjust Housing Allocation etc.

    Update 24 October: Click here to see a letter of protest on the Siyanda evictions sent to Obed Mlaba by COHRE.


    Siyanda Residents March

    Breaking News: Siyanda shack-dwellers, facing eviction from the MR577 Freeway site, are staging ongoing marches to halt building and allocations at the Kulula Housing Project. The contractors have just been stopped from proceeding with the patently unfair allocation of housing that has been undertaken without any form of meaningful consultation. There is a heavy police presence again today and the situation is tense. (There is an article in yesterday’s Isolezwe here.)

    Forced Relocations in Siyanda to Make Way for New Freeway

    Wednesday, September 17, 2008 13:01
    Press Statement by the Siyanda Abahlali baseMjondolo Branch

    DURBAN – Shack-dwellers in Siyanda, KwaMashu, have been threatened with forced relocation to make way for construction of the MR577 Freeway. The eThekwini Municipality has demolished at least 50 shacks in the area this year, without notice or a court order. These demolitions are illegal and criminal acts. Street marches by residents, peacefully protesting against relocation, have been met with violent police action and intimidation.

    According the eThekwini Municipality, all those displaced by the new freeway would be moved to the adjacent Kulula Housing Project, concurrently under construction and facilitated by Linda Masinga & Associates (See: http://www.ethekwini.gov.za/durban/government/munadmin/media/press/506) (See also: http://www.ethekwini.gov.za/durban/government/munadmin/media/press/521).

    Residents have since been informed that an unspecified number of families affected by the freeway construction will be relocated to eNtuzuma and placed in “transit camps” – government-built shacks or temporary structures, ordinarily used for emergency relief, which are increasing supplied by municipalities in lieu of formal housing.

    As those in Siyanda undergo or await eviction – without knowing how, when and where they would be relocated – further controversy has erupted over the decision to move families from other parts of the Durban-metro, as far away as Umlazi and Lamontville, into the finished Kulula houses.

    Siyanda shack-dwellers point out that those made homeless by the illegal Municipal demolitions earlier this year still have not been provided any alternative accommodation – in the Kulula houses, or elsewhere. Not only were these evictions carried out without notice or a court order, occupants were prevented from removing their personal belongings from the shacks before the demolitions began.

    In marches and memorandums submitted to state and corporate partners in the Kulula Project, Siyanda shack-dwellers have stated that they do not want to move to eNtuzuma, away from jobs, schools and farther on the periphery of the city, where transport costs are much higher. They have moreover refused to accept any relocation to “transit camps,” which cannot be considered suitable alternative accommodation.

    Metro police have responded violently to peaceful marches by Siyanda residents. On Monday, 15 September, approximately 60 residents gathered to protest further allocation and occupancy of finished Kulula houses by those who are not affected by the freeway construction. Amid heavy police presence, a metro police officer reportedly brandished a loaded weapon at the crowd, shouting that he would shoot them with live ammunition if they did not disband.

    Following shack demolitions earlier in May this year, residents marched to the Kulula Project contractor’s office to submit a memorandum, where they were fired upon with rubber bullets by police and sprayed with water canons. Five people, including a pregnant woman were shot, injured and rushed to hospital. These five were arrested by police at hospital, upon charges of “public violence.” All charges were subsequently dropped.

    In addition to concerns over relocation, the allocation of houses and police brutality, residents in Siyanda say that the Kulula houses are unsound, unsafe and have not built with substantive consultation from the community, despite claims to the contrary by the Municipality.

    Siyanda launched a new Abahlali baseMjondolo branch on Sunday and residents are determined to oppose state intimidation and to demand genuinely democratic planning.

    For up to the minute information and comment on the crisis in Siyanda contact:

    Thembi 0743423607
    Mzo 0738701244

    Click here to see some pictures.

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    AbM Western Cape: Power to the Poor

    Statement in solidarity after the Foreman Road fire

    Power to the Poor

    Even if our whole settlement burns down, the reality is the land on which our community lives will remain our home. A fire, like the devastating one yesterday at Foreman Rd, will not change the way we view our homes. No matter how disadvantaged our communities are, we will not allow individuals who are on power to label our homes as slums because once we allow that they’ll will want to eliminate our homes and throw us in unsuitable asbestos filled temporary relocation areas.

    These unnecessary fires can be prevented if our government was caring and democratic. But this government is only democratic and caring about issues that matter to their pocket book. Whatever we, as shack-dwellers, say to them does not matter. Only our votes matter so that they can attain more power and enrich themselves further.

    But there is one thing politicians know how to do very well: they know how to sit in local, provincial and national government offices and talk about us instead of to us. Then, later on, they will claim that they have delivered services. In reality, however, the only thing they are able to do from their offices is to deliver corrupt tenders to their political friends in the private sector.

    Abahlali baseMjondolo Western Cape says Aluta Continua, where there is a will there’s a way. Let us not be threatened by these shack fires and allow tsotsi developers to steal our land so that they can build shopping centers and unaffordable bond houses. We’ve already seen them stealing the land of abahlali (residents) from informal settlements such as Joe Slovo in Cape Town, pushing them out of well located areas to unlivable dumping sites such as Delft. Property developers, with their allies in government, are making business off of our land and entering into partnership with big monopolies in order to push the poor out of the cities.

    Still, even though we are poor we are not stupid. Let us not allow this corrupt government to shift the blame about shack fires away from themselves. They want to discredit our communities instead of developing them; they want to force us to condemn ourselves for the poverty they have created; they want to create division in our communities so that they will be able to enter in between us and pit us against one another.

    ABM WC supports the demands of ABM KZN:

    1. The South African Government must prevent fires in our communities by electrifying all the informal settlements at South Africa.
    2. We also call on the South African Government to release the land which is occupied by Abahlali living informally so that the land can be managed and owned by our communities. We need to be recognised as legal occupants of the land so that we can develop our own communities.

    Along with the Anti-Eviction Campaign and the Joe Slovo Task Team, ABM WC will be attending the first ever City Wide Shack Fire Summit on Monday 22 September 2008 to find new ways of preventing fires in our communities.

    In solidarity,

    ABM Western Cape

    For futher details call Mzonke Poni (ABM WC chairperson) at 073 2562 036

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    Massive Fire Devastates the Foreman Road Settlement

    Foreman Road Abahlali baseMjondolo Branch
    Press Statement, 10:00 a.m., 13 September 2008

    Massive Fire Devastates the Foreman Road Settlement


    morning sun. man. smoke. ruins.

    A fire started at the bottom of the Foreman Road settlement at around 3: 00 a.m. this morning. There is only one tap in the settlement and it was impossible to fight the fire. Most of the settlement, at least a thousand shacks, burnt very quickly. Our neighbours called the fire brigade and they came and put the fire out. In 2004 the Municipality said that they would install fire hydrants. They started the work but never finished it. We have been left to burn.

    So far we have found one body in the ashes and debris but there may be more. It is still smouldering and we can’t clear it all till it cools down.

    We called an assembly of all the residents this morning and we have decided that:

    1. Foreman Road must be declared a disaster area. It is not right that shack fires are treated as a normal thing while other fires are taken seriously, taken as disasters. Our lives count the same as other peoples' lives.

    2. We will not accept to be put in a transit camp. We do not want government shacks (the tin shacks). We have seen what happened in Jadhu Place. We will rebuild Foreman Road ourselves. We have already started the work. The Municipality must support the community with building materials like they supported the Kennedy Road community after the recent fire there.

    3. It is good to provide tents while people are rebuilding but they must be a temporary emergency measure. People cannot live in tents for months.

    4. Home Affairs must come to the settlement to register all the people that lost ID books. Many of them have no money and only the clothes that they were wearing and can’t go into town now. Also, they have to rebuild as quickly as is possible.

    5. We need support to get school uniforms for the children. Schools must accept children without uniforms until this can be resolved.

    6. We need emergency food.

    7. The Municipality must install more taps, fire hydrants, a proper access road for the fire trucks and electricity with maximum urgency.

    Abahlali baseMjondolo had planned to hold the City Wide Shack Fire Summit in Foreman Road on Monday 22 September 2008. Now, it seems, we will have to hold the summit in the ashes of Foreman Road.

    Shack fires are a crisis. They are not something normal. The government must stop blaming the victims every time there is a fire. We have to treat the fires as a crisis. We have to act against the real causes of the fires. The main cause is that people don’t have electricity. Other causes are that people don’t have enough taps or any fire hydrants to fight the fires. The short term solution is to electrify the shacks and provides taps, fire hydrants and access roads. The real solution is to upgrade the settlements with proper brick houses.

    We are busy taking the full details of all the people that have lost their shacks and will soon have the exact numbers of homes lost and people left homeless.

    We note that this time last year residents of Foreman Road were amongst those beaten and arrested by the police for marching against the fires and demanding the right to safety.

    We encourage everyone to read and discuss the AbM Report on Shack Fires before the summit.

    We thank our neighbours, the fire department and everyone who has come to offer what support they can.

    For comment and more information please contact:

    George Bonono, Foreman Road Abahlali baseMjondolo Branch Chairperson: 0782245441
    Mnikelo Ndabankulu, Abahlali baseMjondolo Spokesperson: 0797450653

    Click here for pictures of the immediate aftermath of the fire on Saturday morning and here for pictures of the attempt, successfully thwarted, to demolish the rebuilt shacks on Monday.

    Also see:

    1. Solidarity statement from AbM Western Cape.
    2. Solidarity Statement from the Western Cape Anti-Eviction Campaign

    And some newspaper articles:

    1.Sunday Tribune article.
    2.Mercury article.
    3.Daily News article.
    4.Isolezwe article.
    5.Sowetan article.
    6.Opinion piece in the Sunday Tribune.

    And the following updates:

    1.Update about threatened demolition of rebuilt shacks 1.
    2.Update about threatened demolition of rebuilt shacks 2.
    3.Update about threatened demolition of rebuilt shacks 3.

    And the letter from the LRC to the City

    1. LRC Letter

    Featured post

    A Big Devil in the Jondolos: A report on shack fires

    Update: A summary of the report has now been published at Pambazuka and it has been discussed in an article in the Sunday Tribune

    Monday 8 September 2008
    Abahlali baseMjondolo Press Release

    A Big Devil in the Jondolos
    Abahlali baseMjondolo Launches a Report on Shack Fires in Advance of the City Wide Shack Fire Summit on 22 September 2008

    Today we are launching an important report on shack fires. We asked for this report to be written and we worked closely with the writer at all stages. We are releasing the report today so that it can be widely discussed in the lead up to the City Wide Shack Fire Summit called by the movement for Monday 22 September 2008. We will launch the isiZulu version of the report soon. We call on all organisations that are concerned with justice and that want a city in which everyone is safe to read and discuss the report. The report is on our website in word and in pdf. Printed copies are available from the Abahlali baseMjondolo library in the Kennedy Road settlement.

    Rural fires are declared as disasters. This is right. Shack fires are taken as normal. This is wrong. It cannot be normal for the poor to burn and to reburn. People should not be burnt while waiting for houses. Shack fires are a crisis. It is time to acknowledge that crisis. It is time to take that crisis seriously.

    Promises made to us have been broken. We have suffered a lot. We are still suffering. We will continue to suffer.

    We really exist to live.

    We have done amazing things to fight for simple things.

    Some rich people and some people in government think that we do not know our place. They feel that we are in the wrong place. They are trying to chase the shack dwellers out of the cities – to put us back where they think we belong. It is like a second xenophobia.

    We are not willing to remain in the shadow of darkness. We are not willing to remain silence. We need to define ourselves before someone else defines us. We need to reflect on our lives and then put our version into the world.

    Politics often becomes about those with names, the celebrities of struggle. Our politics is one of equality. Everybody matters. We need to celebrate those that are ignored and forgotten as we shape and reshape this world into a new world where everyone is respected.

    We have discussed the fires in our movement. We have come to some conclusions. We have noticed that everybody talks about the mistakes that we make. Nobody talks about the reckless mistakes that the middle classes are making. They also get drunk. But they don’t burn because they are not forced to use paraffin and candles and because they are not forced to have walls made of plastic and cardboard. We do not have all the answers to the problems of shack fires. However we can create a platform for more discussion. That is our cleverness.

    We are inviting all shack dwellers’ organisations as well as social movements, trade unions, NGOs, churches, academics, students’ organisations, the Municipal fire department and the Municipal housing department to the Shack Fire Summit.

    We are not inviting the councillors because they are paid to lie and to make sure that we keep quiet. That is their job. They are not to be trusted. Their role is division. We do not have to rely on them. But the enemy is more than just the councillors. They are small parts in the whole system. It takes a very courageous councillor to align themselves with the poor and the working class. Most of them are being remote controlled.

    On Saturday 20 September we will have a meeting with the Western Cape Anti-Eviction Campaign, the Landless Peoples’ Movement, the Rural Network and Abahlali baseMjondolo from Durban, Pinetown, Pietermaritzburg, Cape Town and Kimberley.

    On Sunday 21 September we will have a prayer meeting. We are inviting all the churches – the Nazarenes, the Zionists, the Catholics, the Anglicans, the Hindus, the Muslims – everyone. We need to ask for our struggle against the fires to be blessed. We need to honour everyone who has died in the fires. We need to take the spirits of the people who died in shack fires to their homes. The prayer meeting will start at 9:00 and run to 12:00 at the Kennedy Road Hall. At 14:00 we will have the third University of Abahlali baseMjondolo graduation, also in the Kennedy Road Hall.

    On Monday 22 September we will have the City Wide Shack Fire Summit at the Foreman Road settlement. The Summit will be a chance for us to all learn to think together, to plan democratically, to let ideas move up instead of down. In the morning we will discuss the causes of fires. We will start by hearing from the victims of fires. We will hear from the unsung heroes and heroines of the shacks. Then everybody will be able to have their say. In the afternoon we will discuss the solutions. In our discussions we have come to our own views. But we will take the views of everyone at the summit. Everyone that comes will have the same right to shape the summit.

    If people say that the problem is the drunkenness of the poor then we will have to shut down the shebeens.

    If people say that the problem is the ignorance of the poor then we will have to bring in the NGOs to workshop the people.

    If people say that the problem is that the poor are denied electricity, that we are forced to build our shacks close together and that we are not allowed to build with bricks then we will have to electrify the shacks and provide land and housing.

    We will not be embarrassed if some people don’t want to accept our invitation and don’t want to take the opportunity to think and discuss and plan together. The embarrassment will be on those who continue to think that you can only think in the ICC, that it is impossible to think in the shacks.

    People in government and some NGOs often tell us that we must talk development and not politics. They say that to oppose is to be out of order, or backward or unprofessionalized. But we can’t stop to struggle. Development is politics. Shack fires are not just accidents. There is a politics behind the fires. This comes through strongly in our report on shack fires. Our lives and the lives of our children require that we struggle. We don’t want to be workshoped. We don’t want to be trained to learn how to live without electricity and toilets and enough water. We want to meet and discuss and to make a plan for us to get what we need to be safe.

    We do not count to any part of this world other than our movement. We have always resisted all attempts to remote control our movement. We will always resist these attempts.

    We salute Tata Matt, the writer of this report. Like Antonios who was living in Motala Heights in 2006 Matt is from London where he is also a squatter. He is a humble man. He has lived with us in shacks in the Kennedy Road and Foreman Road settlements. He has seen what we have seen, felt what we have felt, touched what we have touched, tasted what we have tasted. He has lost his shack in a fire and helped to fight two fires. He has shown us that he is our equal. This is a living solidarity.

    Join us to work together for a new, safer city.

    For comment or further information contact:

    S’bu Zikode: 083 547 0474
    Mashumi Figlan: 079 584 3995
    Lousia Motha: 083 950 4122
    Mnikelo Ndabankulu: 079 745 0653
    Zodwa Nsibande: 082 830 2707

    Featured post

    Another Huge Fire Devastates the Kennedy Road Settlement


    This picture, by the M&G, is from another fire in Kennedy Road earlier in the year.

    Well more than a hundred shacks burnt down in the Kennedy Road settlement this morning. This is the 7th fire in the settlement this year.

    Abahlali baseMjondolo condemns the eThekwini Municipality’s inhuman 2001 decision to stop electrifying shacks on the grounds that it is too expensive. There is a direct link between this decision and the fires as the fires are caused by candles and paraffin stoves.

    Abahlali baseMjondolo condemns the eThekwini Municipality’s regular and violent police attacks on poor communities in which lifesaving community organised connections are removed at gun point. These attacks have often been quickly followed by fires as people are forced to revert to candles and parafin stoves.

    Abahlali baseMjondolo affirms its support for all shack dwellers’ organisations fighting for electricity and for other measures to stop the plague of fires across the country.

    Abahlali baseMjondolo invites everyone who believes that the poor should not be left to burn to attend the City Wide Shack Fire Summit called by the movement which will be held on Monday 22 September 2008. We need to built a united front against the fires and for the universal right to electricity.

    Abahlali baseMjondolo will soon be issuing a full report on the electricity and fire crisis in Durban and invites all organisations to discuss this report in advance of the City Wide Shack Fire Summit.

    Eradicate shack fires not shack dwellers!

    Pray for us. Support us. Join us in the struggle to stop the plague of fires.

    For comment on this morning’s fire please contact:

    Mondli Mbiko: 0731936319
    Lungi Mgube 0833305392

    For pictures of the aftermath click here

    Featured post

    Land & Housing

    Text of a speech by S’bu Zikode at the Diakonia Council of Churches Economic Justice Forum – an audio recording of the speech, including the discussion afterwards, is available from Diakonia. Click here to read the report on the speech in the Sowetan.

    Land and Housing

    Thursday 28, 2008

    I have been asked to speak on the burning issues of land and housing. I only get these invitations because of the strength of the movement of which I am part and so, on behalf of Abahlali baseMjondolo, I thank Diakonia for this platform.

    The churches have rallied to our struggle in difficult times – after fires, after arrests, after beatings. We know about the role that the churches have played in Brazil and in Haiti and we believe that the churches can play the same role here if they take a clear decision, as some church leaders bravely have already, to be with the people, to clearly take the side of the people instead of being just another ‘stakeholder’. Bishop Rubin Philip has stood strong in the politics of the poor and tonight I want to say that we wish him a quick and full recovery from his illness.

    The right to land and the right to housing remain huge problems in South Africa. These problems are not technical, they are political. These problems will not be solved by consultants’ reports, academic conferences at the ICC and meetings with the MEC at Suncoast. These problems will be solved when the people who do not count in this system, the people that have no proper place are able to stand up and to take their place and to be counted as citizens of this country.

    Our politics starts by recognizing the humanity of every human being. We decided that we will no longer be good boys and girls that quietly wait for our humanity to be finally recognized one day. Voting has not worked for us. We have already taken our place on the land in the cities and we have held that ground. We have also decided to take our place in all the discussions and to take it right now. We take our place humbly because we know that we don’t have all the answers, that no one has all the answers. Our politics is about carefully working things out together, moving forward together. But although we take our place humbly we take it firmly. We do not allow the state to keep us quiet in the name of a future revolution that does not come. We do not allow the NGOs to keep us quiet in the name of a future socialism that they can’t build. We take our place as people who count the same as everyone else. Sometimes we take that place in the streets with teargas and the rubber bullets. Sometimes we take that place in the courts. Sometimes we take it on the radio. Tonight we take it here. Our politics starts from the places we have taken. We call it a living politics because it comes from the people and stays with the people. It is ours and it is part of our lives. We organize it in our own languages and in our own communities. It is the politics of our lives. It is made at home with what we have and it is made for us and by us. We are finished with being ladders for politicians to climb up over the people.

    Sometimes it gets hard but we keep going forward together. Sometimes we don’t know what to do any more but we keep thinking together. Sometimes a settlement stays strong. Sometimes a settlement fails to stay strong. But we keep going forward together.

    Tonight we need to talk about the politics of land. We need to talk about the politics of housing.

    We need to talk about the politics of fire. We need to talk about the politics of toilets. We need to talk about the politics of xenophobia and the politics of rape.

    To think about all this we must start with where we come from.

    It has become clear to us that when ever we talk about history we are seen to be launching an offensive. It has become clear to us that this is because the rich want to believe that we are poor because we are less than them – less intelligent, less responsible, less clean, less honest. If we are poor because we are just less than the rich then we must be happy for every little thing that we are given, we must be happy with a hamper or some old clothes when our children are dying in the rats and the fire and the mud.

    But we are not poor because we are less than the rich. We are poor because we were made poor. The rich are rich because they were made rich. If your ancestors had the land you will go to university and get a nice job and look after your family well. If your ancestors lost the land you will be lucky to find a dangerous job that you hate so that your family can just survive.

    The growing poverty in rural communities encourages mostly young people to migrate to the cities. Therefore as long as the cities grow in the same way as poverty, urbanization is not an exception. People will have to keep moving to the cities in search of hope. This reality calls upon all city authorities to learn to share the cities and to accept this growth. It is the same poor people that build cities and then get kicked out to rot in places like Parkgate once they are finished building for the attraction of foreign investment. It is the same poor people that wash and iron for the rich who have live in shacks where it is very difficult to wash and iron their clothes. It is the same poor people that bravely guard the homes and business of the rich who come home to find their homes illegally destroyed by the criminals that are called the Land Invasions Unit.

    This is wrong. We need democratic cities. We need fair cities. We need welcoming cities. We need cities for all.

    We need to think about how we can create a new kind of communism, a new kind of togetherness. A living communism that recognizes the equal humanity of every person wherever they were born, wherever their ancestors came from, whether they are poor or rich, women or men. This new togetherness must also understand that the world, what God has given to us all, must be shared by us all.

    The system we suffer under now keeps the land in the hands of the descendents of those who had stolen it through the barrel of colonial guns. The system turns the once most trusted leaders in our cities into enemies. The enemies that do not only hate and neglect the poor but the enemies that send police to beat the poor, arrest and shoot them when ever we voice out our concerns. Tonight we remember Mthokozisi Nkwanyana, a student and a shack dweller, who was killed by the police in a student protest on Thursday last week. The system talks a lot about democracy, but does not practice democracy. The system talks more about all the rights, gender equality and justice but does not make any of this real. This is a system where almost everything is done in the name of the poor but only for the poor to be betrayed and undermined again and again. This is a system that allows formations of many institutions such as NGOs, NPOs, businesses and states to violate the human rights of the poor and the marginalized in our society.

    We need to ask ourselves what is this system?

    This system is a system where the people are separated into two – those that count and those that do not count. Those that count are those with money. Those that do not count are those without money. This system values business profit before humane value. This system turns democracy into a way to become rich. Money is made to dominate human thinking. Therefore we have to turn it upside down and put the human being first. Always we must start with the worst off.

    What went very wrong in our society is when business profit is put ahead of human value. What went very wrong in our society is the thinking that sees development as being only the job of the few clever technical people, who are meant to think about development for the majority. Grass root organizations such as Abahlali baseMjondolo are strongly opposed to this top-down approach to development that sees people as nothing else than the helpless individuals who can not think for themselves. In this view the work of the poor is to vote when we are told and to be passive receivers of services. This is why the so called experts on the poor and our struggles always want to call our protests as ‘service delivery protests’ even when we clearly state what we are struggling for.

    We are the people that are not meant to think. We are the people that are not meant to participate in planning and to debate on issues that affect us. We are the people that should be happy to live on hampers. The poor are strongly opposed to these dehumanizing characteristics of the top down system that has terrorized our communities and our lives.

    Abahlali have said over and over that the majority of our people believe in a true democracy, a democracy that caters for every gogo and mkhulu’s at home, a democracy that does not see people differently, a democracy that does not make few people better than the majority, a democracy that is not driven by the wealth that has torn our society apart. We believe in a participatory development of the people, for the people and by the people themselves. We are concerned that at least most of the houses that are being built, they are built for the people, without the people. This is why some people reluctantly accept these houses and then they either rent them out or sell them to some desperate fellows and run back to jondolos. This is not a matter for the police and the NIA. The reason for this is not that shack dwellers can not think or are stupid. The reasons for this is the failure of authorities to involve shack dwellers not only in the planning but right from the project identification through to the implementation, monitoring and evaluation – in fact all through the project cycle. If you take people out of their communities, sometimes at gun point, and move them to rural human dumping grounds where there is no work they will not stay there. People have to survive. We want it to be clearly understood that the bottom up development approach that recognizes that a properly human life is what the majority of the poor prefers. Thus communication and consultation is vital if authorities were to be serious and respecting of those that they call ‘beneficiaries’.

    It is very sad that some business men, like Ricky Govender in Motala Heights, have been terrorizing their communities in search for a land to expand their business and wealth. In Motala Heights the settlement leadership and very senior families have been forced up and down the lawyers and courts to defend their right not to be evicted from their land. It is the same with the eNkwalini community who have consistently been threatened with eviction by the farmer, who had just bought the farm in Northen KwaZulu-Natal. What is more upsetting with all the evictions that are taking place in eThekwini is that they are not only illegal because they are carried out without the court orders but that they are also criminal. We have had to advise the police and municipal officials quite several times of section 26 of the South African constitution and the Prevention of Illegal Occupation of Land Act that protects the homeless, the poor and most vulnerable members of our society, children and women. Abahlali baseMjondolo has managed to stop most evictions in eThekwini in settlements like Motala Heights, Shannon Drive, Pemary Ridge, and Arnett Drive just to mention a few. But while we were winning an important victory in the High Court against evictions in Arnett Drive on Tuesday the Municipality was outside illegally demolishing shacks in Siyanda at the very same time! If already the law is not respected by the authorities then it is difficult to imagine how other new laws like the very notorious KwaZulu-Natal Elimination and Prevention of Slums Act will be used.

    It is very sad that some academics and NGOs continue to think that it is their natural right to dominate instead of to support the struggles of the poor. We have kept our silence for years but now we must say that it is clear that at the Centre for Civil Society the work of the intellectual is to determine our intelligence by trying to undermine our intelligence. They try to buy individuals, intimidate our comrades and tell the worst lies to try and show that we are too stupid to think our own struggles. They fail to understand that we are poor, not stupid. This is their politics.

    The shack dwellers believe that land and housing in the cities will bring about the safer environment, an environment that is free from shack fires, an environment that is free from rats, rapes and crime when our children and women have to find water and toilets in the bushes. If we were to be serious about caring cities, the first step will have to be to respect human life and human dignity. Mnikelo Ndabankulu a spokesperson for Abahlali baseMjondolo often says that “we do not need electricity, it is needed by our lives”. Our settlements are not temporary. Some of us have lived our whole lives in them. Our children have grown up in them. Electricity, water and sanitation can no longer be denied to shack dwellers. The eThekwini Municipality has often told us that money is not a problem, but that the problem is land. But the problem has never been just that there is no land in the cities as we have always been told. There is land. The political problem is that that land is privately owned by companies like Tongaat-Hulett. That problem can be solved but that would require recognizing the humanity of everyone and there has never been human recognition in the first place. For this City being poor, living in a shack or selling in the street, is seen as a crime. Until this is fixed right the poor will always be taken as trouble makers when in fact they are excluded from positive thinking that could contribute in the building of a caring city. A city where everyone has a say and an equal opportunity in shaping and reshaping this city into a caring one.

    One of the biggest mistakes when planning development in the city is when the city does not provide basic services that are urgently needed by human lives. I am talking about services like the inadequate provision of water supply, not enough toilets and no proper collection of refuse as there is no access road to inner shack settlements. The result of these denied services is very serious. Without refuse removal there are rat bites and diseases. Without electricity there are shack fires. Who is to be blamed for the fact that we still live without these life saving services other than those who are meant to save the public in governments? We have seen the authorities shifting blame to the poor themselves with childish claims that the shack dwellers are dirty or lazy or that we do not want to move from filthy conditions. They say in the newspaper that “Zikode must educate his people”, as if people living in shacks are stupid and as if they all belong to one ordinary man like Zikode. I want to make it very clear that we have built a democratic politics and that our settlements are far too well organized to be controlled or thought by one man like Zikode. Zikode has his own kids to educate like any other responsible parent who cares about the future of their children. But Zikode does not educate the people who elected him to speak with them and then for them. In fact every day Zikode is educated by the suffering and the courage and the intelligence of the people that elected him. Therefore it is very disrespectful to say that elderly people must be educated to light paraffin stoves or light candles. The solution to fires is not education. The solution to fires is that electricity must be provided in all settlements. Electricity is not a luxury. It is needed to save lives. We cannot compromise on this point. I hope that tonight we can all agree on the need for the settlements to be electrified.

    Abahlali’s concerns over the shack fires that have terrorized our communities have caused this Movement to call upon all shack settlements to discuss this matter openly and to allow every shack settlement to have a say on what they think could be a solution. We have called a city summit on shack fires that will include all those who care about the lives of our people, be it the municipal authorities, progressive NGOs, churches, individuals etc.We believe that all of what is seen to be problems associated with the shack dwellers can be resolved by and with shack dwellers themselves. Thus Abahlali believes that the issue of land and housing is not just the issue for the technical people and for the government but of all who are meant to benefit from it.

    The shack fire summit will be held on Monday 22 September. The day before, Sunday 21 September, we will hold a mass prayer for all the shack dwellers who have died in the fires.

    People are often confused about what our movement stands for when it comes to land and housing. Tonight I want to suggest a list of ten demands on the burning questions of land and housing that could be used to begin a discussion about a platform for a united front on land and housing. These demands cone out of years of discussion in our movement. We would be very happy if you could discuss them in your own organizations so that we can, together, start the work of shaping a new vision for our cities.

    1. There must be no more evictions.

    2. Life saving basic services, including electricity, water, refuse removal and toilets, must be provided to all settlements.

    3. The land on which the settlements have been founded must be transferred to the collective ownership of the people living in each settlement.

    4. Settlements must be upgraded where they are where ever this is possible.

    5. When people have to be relocated they must be given the option of moving to well located land.

    6. Land must be expropriated from Tongaat-Hullet to house the poor.

    7. There must be no more forced removals. People must only be relocated voluntarily.

    8. Government must negotiate with the organizations that represent each settlement and not with the councilors.

    9. Shack dwellers have a right to disagree with the government.

    10. Shack dwellers have a right to organize themselves outside of the political parties.

    We have asked people to speak to us, not for us. We have asked people to work with us, not for us. We have asked people to think with us, not for us. We have asked people to understand that our movement will always belong to its members and never to any NGO or political party. We have asked people to understand that we need a living solidarity, a solidarity that is built in partnership with our living politics, a solidarity that is built around the real everyday suffering and struggles of our people. I thank Diakonia for this invitation to speak. I thank the churches for their brave support during difficult times in our struggle. I invite everyone here to work to build a partnership for a democratic city together with us and with all democratic organizations of the poor. I invite you all to our summit on shack fires. Maybe we can start there. Let us see.

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    Victory in Court While Evictions Continue Outside

    Abahlali baseMjondolo has just won a major court victory against evictions. But outside the court the eThekwini Municipality is currently demolishing shacks in the Siyanda settlement. There is no court order and so, according to South African law, these demolitions are illegal and criminal acts. Media are urged to rush to the scene.

    The shacks that are being demolished were built a month ago after renters in the area were left homeless when shack owners were moved to RDP houses and the renters illegally left homeless. This happens in every relocation or upgrade in Durban and in South Africa it is a completely illegal and in fact criminal act to leave someone homeless. The people who have been made homeless again today, just after being made homeless last month, will rebuild again. What else can they do? This is the cruel reality of the government’s plans to eradicate shacks: give houses to shack owners and leave shack renters, the poorest of the poor, homeless and desperate.

    While the Municipality was engaged in its illegal and criminal attack on the Siyanda settlement the final judgment in the Arnett Drive eviction case was handed down in the Durban High Court at 9:50 a.m. Abahlali baseMjondolo won the case. The City is permanently interdicted from ever demolishing homes in Arnett Drive without an order of the court. For background information on this case and to see the full text of the judgment see http://www.abahlali.org/node/3235. This court victory is an important step forward in the ongoing struggle to force the eThekwini Municipality to cease its criminal behaviour towards shack dwellers.

    The Siyanda settlement has not been affiliated to Abahlali baseMjondolo. But they been battling against evictions, corruption, police assaults, the tyranny of top down planning and their councillor for a long time. They organised major road blockades in December 2006 and in July 2008. But today the Municipality sent in men with guns to smash their homes. Their views and their struggle count for nothing in this city. Last week 50 residents of the new shack in Siyanda joined Abahlali baseMjondolo. The movement will stand strong with the people of Siyanda.

    For on the scene comments on the in progress criminal attack on the Siyanda settlement contact Mzo Dlamini at 0738701244 or Thembi Zungu at 0724042330.

    For comment on the important victory against the eThekwini Municipality in the Durban High Court this morning contact:

    S’bu Zikode: 0835470474
    Senzo Nsingo: 0767423397

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    AbM Statement on the Cornubia Development

    Sunday, 24 August 2008
    Abahlali baseMjondolo eThekwini Press Release

    Why are Shack Dwellers Excluded from the Discussions About the Cornubia Development?

    Nothing for Us, Without Us!

    There has been much discussion about the Cornubia housing development in the press. The City and the political parties have had their say. Tongaat-Hulett, the company that owns the land, have had their say. The technical experts have had their say. Shack dwellers’ organisations have not had their say. We who live with the rats in the mud and the fires have not had our say. We who were publicly promised houses in this development in November 2005 have not had our say. We who have been beaten and arrested while defending our right to speak for ourselves, defending our communities from eviction, and defending our right to decent housing in the city have not had our say.

    When ever we have asked the eThekwini Municipality to fulfil the promise to house the poor they have told us that they want to build houses but that land, not money, is the problem. They have always told us that there is nothing that they can do because there is no land left in the city. But everyone can see that there is lots of land. The real problem is not that there is no land. The real problem is that the land is privately owned and that most of the land is owned by one big company – Tongaat-Hulett.

    The Freedom Charter said that South Africa belongs to all who live in it. The Freedom Charter said that the land should be shared. These were clear goals of the peoples’ struggles against apartheid. We are still committed to these goals.

    It is clear that building democratic cities where everyone has a proper space and real hope for a better life will require the end of the private ownership over huge lands. Some of our members believe that God made the land as a gift for everyone and that is a sin for one company to own so much land. We all agree that there can be no justice in this city, no safety and no hope for a better life for the poor while one company owns so much land. Everybody in the city needs to be matured and to face this reality.

    The Kennedy Road Development Committee (KRDC) first demanded the expropriation of Tongaat-Hulett land to house the poor on 13 May 2005 when the KRDC organised a mass march to bury Councillor Yakoob Baig. After Abahlali baseMjondolo was formed on 6 October 2005 this demand was placed at the centre of our struggle. We made this demand because Tongaat-Hulett is the largest land owner in Durban. We also made this demand because it was never right for Tongaat-Hulett to own that land and because many generations suffered on their plantations. We also made this demand because Tongaat-Hulett has continued to separate the rich from the poor after apartheid by building a separate gated world for the rich on the old sugar cane fields. In 1994 that land should have gone for housing for the poor. That would have been real democracy.

    The Cornubia development was first announced in November 2005. That was just before the 2006 local government elections and just after the world’s media reported that the eThekwini Municipality had illegally banned our march on Obed Mlaba from the Foreman Road settlement and then sent in the police to shoot at us when we marched in defiance of the ban. The Mayor clearly stated that the announcement was due to pressure from Abahlali baseMjondolo. He said in the New York Times that we were being used by agitators and that we would not still be here in 2007. We are still here. We are still agitated by the conditions that we live in. Now that the 2009 elections are coming Cornubia is back on the agenda.

    The debate goes on but it excludes us. Who are the ‘stakeholders’ in the discussions about Cornubia? Just the landowner, the government and the technical people! Where do the poor fit? We find that if we talk about history we are seen to be launching an offensive. We are not supposed to talk about history but we have to reclaim what is our own, what has come out of our efforts. This announcement is the fruit of our struggle and the struggles of all the communities across South Africa that have been rejecting forced removals to rural human dumping grounds since 2005.

    We want to say some things very clearly:

    1. We welcome the statements by government that they are considering meeting our demand that they expropriate land from Tongaat-Hulett. We also suggest that they issue a moratorium on any sale or development of Tongaat-Hulett land until everyone in the city has been housed. That would show that that they are serious about justice for the poor because there will not be justice for the poor until the social value of land is put before the commercial value of land.

    2. We welcome the fact that government is now talking about integrated developments where the rich and the poor can live together in the city instead of building more of the notorious rural human dumping grounds like Parkgate and Delft.

    3. However if shack dwellers are not included in the planning of this project it will fail like the N2 Gateway Project failed in Cape Town. Top down planning has been completely rejected by shack dwellers all over South Africa. Those days are over. We reject top down control of our struggles by NGOs and we reject top down planning of housing development by government. Everybody thinks. We are poor, not stupid. Planning must not just be a technical talk that excludes the people. Democracy is not just about voting. Democratic planning is the way forward.

    4. The government is talking about building low-cost housing at Cornubia but shack dwellers need no-cost housing. We cannot afford low-cost housing. No bank will give us a bond. There must be negotiations resulting in a public commitment to build a fixed number of no-cost houses. We must all remember that the N2 Gateway Project in Cape Town began as a project for the poor. But it was quickly taken over by politicians and companies who saw an opportunity to exploit the development for their own profit. Bank bonded houses were built for the rich instead of no-cost houses for the poor. In the end the poor were driven out of the project that was started in their name and the whole project failed.

    5. This project must not be used as an excuse to claim that shack settlements are now ‘temporary’ and that they will soon be ‘eradicated’ because Cornubia is being built. The settlements are established communities and in most settlements most residents want upgrades and not relocations. We must all remember that most shack dwellers will not be able to fit in Cornubia. Cornubia can be a solution for some but not for all.

    6. This project must not be used as an excuse to continue to deny collective and secure rights to the land for long established communities. The legal ownership of the land that has been occupied by communities must be transferred to those communities so that the fear of eviction can be permanently put to rest.

    7. This project must not be used as an excuse to continue to deny life saving basic services to shack settlements. Each settlement needs these services immediately. They include water, toilets, electricity, fire extinguishers, refuse removal, homework areas and access roads for emergency vehicles.

    8. This project must not be used to make promises to people that cannot be kept, to divide the poor or to keep everyone waiting and not struggling. Before the end of the year there must be exact and public clarity on how many no-cost houses will be built, how they will be allocated and who they will be allocated to.

    9. The allocation of the no-cost houses in Cornubia must not be corrupt or driven by party political interests. The houses must go to those who need them most. There must be no discrimination against people born in other countries.

    10. The City must upgrade all settlements where they are. The no-cost houses in Cornubia must be for those who genuinely can’t be accommodated in upgrades. Cornubia must not be used as an excuse to evict people from areas where they have lived for a long time and where they want to stay. No one must be forced to go there at gunpoint like we have been forced to go to Parkgate at gun point. People must choose to go there.

    11. The City needs to provide one house for each family not one house for each shack.

    12. The government must accept that shack dwellers and other poor people have a right to organise and to represent themselves independently of party politics. All democratic membership controlled shack dwellers’ movements must be fully included in all planning for shack dwellers. Each community must be fully included in all planning for that community.

    For comment on the Cornubia project contact:

    S’bu Zikode: 083 547 0474
    Mnikelo Ndabankulu: 079 745 0653
    Fanuel Nsingo: 076 742 3397
    Zodwa Nsibande: 0828302707

    For comment on the crisis caused by top down planning across South Africa contact:

    Mzonke Poni, Abahlali baseMjondolo, Cape Town: 073 256 2036
    Ashraf Cassiem, Western Cape Anti-Eviction Campaign, Cape Town: 076 186 1408
    Mzwanele Zulu, Joe Slovo Task Team, Cape Town: 0763852369
    Maureen Mnisi, Landless Peoples’ Movement, Johannesburg: 082 337 4514

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    Armed De-Electrification in the Motala Heights Settlement

    Update: 20 August 16:46 Word has just been received that another home, this one occupied by 3 families, is burning in Motala Heights….

    19 August 2008
    Press Release from the Motala Heights Abahlali baseMjondolo Branch

    Armed De-Electrification in the Motala Heights Settlement

    This morning an eThekwini Municipal official invaded the Motala Heights settlement with a group of security guards. They drew their guns, said that they were there to disconnect what they call 'illegal electricity connections' and what every one else calls 'lifesaving community connections' and threatened to shoot anyone that resisted.

    The Municipal Official is known to be a friend of local gangster landlord Ricky Govender and often drinks in Govender's bar. When the official was challenged he told the community that "you are living on Ricky's land and you must go." Municipal officials are always saying this but in fact AbM went to the City deeds office in 2006 and it is clear that the settlement is on government land . In a democracy government land should be the peoples' land. In fact all vacant land should be the people's land. During the attack Bongo Dlamini, the Chairperson of the Abahlali baseMjondolo youth league whose shack burnt down on 31 July, was injured when the security guards deliberately rammed him with their car.

    Immediately after the attack the entire community marched on Ricky Govender's offices to protest against the attack on the settlement, the injury to Bongo and the disconnection of electricity at gun point. Govender was informed that neither he nor the Municipality has any right to enter the settlement without the permission of Abahlali baseMjondolo. He agreed to this demand.

    The Motala Heights Abahlali baseMjondolo branch will call a mass meeting of all residents in the area to discuss this latest attack and will issue a more detailed press statement after that. But right now it is important to note that:

    1. The last time the City attacked Motala Heights was in 2006 when their security guards, clearly acting under the direction of Ricky Govender and many of them drunk after drinking in Govender's bar, came to demolish the settlement. That attack was stopped by legal action because the City had no court order and were illegally destroying the peoples' homes. In the end the police chased the Municipal Security out of the settlement.

    2. It is a disgrace that the Municipality chooses to make its self the servant of a well known gangster who is trying to drive all the poor, African and Indian, out of the area rather than to work to develop the area with and for all the people of the area.

    3. It is a disgrace that in the middle of all the shack fires the City, the same City that is responsible for the shack fires because it decided to stop electrifying shacks in 2001, continues to send men with guns to disconnect people who have done the work of making their communities safe themselves.

    4. It is a disgrace that the City sends out armed security guards to attack its poorest residents rather than negotiating with them to solve their problems.

    For background information on Motala Heights please see: http://www.abahlali.org/?p=2377

    For information on recent armed attacks on other settlements to disconnect the people from electricity see:

    Kenned Road: (Clare Estate): http://abahlali.org/?p=3342
    eMagwaveni (Tongaat): http://abahlali.org/?p=3490

    To see the recent Abahlali baseMjondolo call for a City Wide Shack Fires Summit see: http://www.abahlali.org/?p=3882

    For more information please contact the following residents of Motala Heights:

    Bongo Dlamini, Chairperson, AbM Youth League: 0748756234

    Lousia Motha: Treasurer, AbM: 0839504122

    Shamita Naidoo, Chairperson, Motala Heights AbM Branch: 0743157962

    Bheki Ngcobo, Deputy Chairperson, Motala Heights AbM Branch: 0785346007

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    Constitutional Court Demonstration Against Joe Slovo Eviction – 21 August


    Video footage from the Cape Town High Court demonstration earlier in the year – from SACSIS

    Call to demonstrate at Constitutional Court 21 August — against Joe Slovo eviction
    17 08 2008

    No evictions from Joe Slovo shack settlement, Langa, Cape Town!

    Asiyi eDelft!

    We, the residents of Joe Slovo shack settlement in Langa, Cape Town, are going to the Constitutional Court to contest the order obtained by Housing Minister Lindiwe Sisulu in the Cape High Court in March to evict us and send us to the outskirts of Cape Town in Delft! She wants to house better-off people along the N2 highway to make it pretty for tourists to the 2010 World Cup!

    In Delft we would pay more for transport and have less chance of jobs. We won’t go to Delft! Asiyi eDelft! We want houses built for us in Joe Slovo!

    We are going to the Constitutional Court because it is supposed to protect the rights of the poor.

    We are supported and joined by residents of Joe Slovo phase 1, known officially as N2 Gateway phase 1, whose flats were built on land taken from the Joe Slovo settlement. They are on rent boycott because their rents are too high and their flats are badly constructed. We support their demands.

    We are supported and joined by backyarders from Delft who want houses in Delft, and therefore occupied the N2 Gateway houses built there. They were evicted, and now live on the pavement next to the houses. We support their demand for housing in Delft.

    We are supported by the Western Cape Anti-Eviction Campaign, which includes communities in Mitchell’s Plain, Gugulethu, Athlone, Hanover Park, Ocean View, Khayelitsha, Atlantis and elsewhere in the province. People from these areas are also coming with us to Jo’burg.

    We are supported by Abahlali baseMjondolo, representing more than 30 shack settlements in Kwa-Zulu Natal, as well as Abahlali baseMjondolo (Western Cape) which represents numerous shack settlements in Khayelitsha.

    Millions of people around South Africa have problems with housing and service delivery. We support all these struggles!

    Support us! Join us at the Constitutional Court where we will be demonstrating from 9am on Thursday 21 August!

    Issued by: JOE SLOVO TASK TEAM

    For more information contact Mzwanele Zulu 0763852369

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    AbM WC hosts walkabout of Khayelitsha informal settlements

    Abahlali baseMjondolo Press Statement
    Friday August 15, 2008

    Date: 16th August, 2008 (Saturday)
    Time: 14h00 – 16h30
    Assembly Point: Mew Way Hall, Lansdowne Road

    QQ Section – Tomorrow, the recently formed AbM Western Cape will be hosting a walkabout through Khayeltisha’s informal settlements for Cape Town mayoral committee member Dan Plato and other city officials.

    After assembling at Mew Way Hall, we will visit over a dozen informal settlements on foot, including QQ, RR, VT, VV, TR, AT, XA, QA, LB, and YA.

    This walkabout will provide the residents of these communities with an opportunity to demonstrate directly to city officials the lack of even rudimentary services in their communities. Residents will be able to show officials what they have and what they lack, what they want and how they want it. It will offer our communities a chance to instil the accountability lacking in the process of upgrading informal settlements.

    The purpose of the walkabout is also to demonstrate the failure of the current top-down approach to development, demonstrated in the City’s Master Plan. It follows up on last Saturday’s workshop on the City’s Master Plan, where we gained a better sense of what the plan is and saw for ourselves the ways its top-down approach to community developments in fact undermines communities. Our current lack of services is a direct result of this plan’s failures.

    This walkabout also follows our last meeting with Dan Plato on 26 July.

    Abahlali baseMjondolo is a community-based and community-controlled movement and we do not believe in this so-called ‘stakeholder approach’ to development which seeks to make top-down government policies seem democratic. We are committed towards seeking alternatives with regard to these neoliberal-based policies which affect people living in informal settlements. We believe in the principles of participatory democracy where such alternatives only come from below and to the left.

    For more information, please contact 073-256-2036

    http://bushradionews.blogspot.com/2008/08/abahlali-basemjondolo-hosts-walkabout.html

    Bush Radio

    Abahlali baseMjondolo hosts walkabout of Khayelitsha informal settlements

    By Yamkela Xhaso

    17 August

    Today afternoon, the recently formed Abahlali baseMjondolo hosted through Khayelitsha’s informal settlements or Cape Town mayoral committee member Dan Plato and other city officials.

    This walkabout will provide the residents of these communities with an opportunity to demonstrate directly to city officials the lack of even rudimentary services in their communities.

    Mzonke Toni of the Anti-Eviction Campaign said,

    “Dan Plato was asked to bring along and the main purpose of this walkabout is to go to these informal settlements that are not yet serviced with the foremost services”

    Toni added, “We want the people to take the officials around the places that are no serviced so that the officials witness the situation”

    “On the other hand, the walkabout is about creating a platform for community leaders to show the officials what kind of service they want and where do they want it?”

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    LPM Wins Breakthrough Court Order in Jo’burg

    Tuesday, 19 August 2008
    LPM Protea South Press Release

    The Protea South Branch of the Landless People’s Movement Has Won a Breakthrough Court Order Against the City of Johannesburg

    Since 2003 the Landless People’s Movement in the Protea South shack settlement in Soweto has been trying, without success, to engage the City of Johannesburg around the future of the settlement. The Protea South LPM branch has clear demands:

    1. There must be no evictions.

    2. Every effort must be made to build houses for the people in Protea South.

    3. If it is genuinely not possible to build houses for all residents in Protea South then discussions must be held to find the closest possible alternative site.

    4. The settlement must receive all essential services while waiting for housing development.

    5. All planning for the development of the settlement must be undertaken with and not for the residents.

    It has become clear to the LPM that the City of Johannesburg does not take shack dwellers as human beings. It has become clear that the City will have to be forced to recognise the humanity of shack dwellers. It has become clear that the City will have to be forced to learn to think with and not for shack dwellers.

    All requests for discussion have been ignored. All protests have been violently repressed. Activists, their families and journalists have been arrested, assaulted and intimidated.

    For instance on 1 October 2006 over 100 SAPS officers from Protea North Station raided the settlement one day after over one-thousand residents marched in Johannesburg to demand housing. The raid resulted in the beating and pepper-spraying of the 16-year son of the LPM Protea South’s Chairperson. The incident marked the second time the Chairperson’s children have been targeted for assault by the police. At one point in the raid, police opened fire on peaceful residents, but only succeeded in shooting one of their own officers.

    On the 5th of September 2007 the Freedom of Expression Institute made the following comments in a statement:

    FXI staff were eyewitnesses to acts of police harassment against Protea South residents Monday morning. Maureen Mnisi, a community leader and Gauteng Chairperson of the Landless People’s Movement, was arrested while trying to speak with the media. She and at least five other community members were taken into custody and released, without being charged, after spending the night in jail. FXI staff overheard a police captain admitting that he had “always wanted to arrest” Mnisi.

    We were shocked by the police violence. SAPS members fired at random towards the protesters, leaving the pavement covered with the blue casings of rubber bullets. Police also deployed a helicopter and water cannon, and we saw at least two officers using live ammunition. One Protea South resident, Mandisa Msewu, was shot in the mouth by a rubber bullet, and several other residents were attended to by paramedics due to police violence.

    There has not been any apology from the City for all of this illegal violence and intimidation. In June this year the City of Johannesburg issued a press statement in which they said that Gauteng MEC for housing, Nomvula Mokonyane “warned those who attempted to derail service delivery. ‘We should be on the lookout for those people who always try but fail to destabilise our commitment to provide decent houses for our people’.”

    These attitudes have forced the LPM to approach the High Court. The matter was heard in the High Court on 12 August and judgment was handed down on the same day. The court has ordered that the City of Johannesburg must, within one month:

    1. Provide evidence of its plans to provide life saving basic services to the settlement including water, toilets, refuse removal, lighting and access road for emergency vehicles.

    2. Provide evidence of its plans to provide housing for the residents and, in particular, to show what steps it has taken to explore the possibility of in-situ development and/or relocation to a site or sites as close as possible to the Protea South settlement.

    The full text of the order is available in pdf here and attached below.

    The LPM welcomes the judgment as do Abahlali baseMjondolo and the Western Cape Anti-Eviction Campaign. The LPM would like to thank Moray Hathorn of the Webber Wentzel law firm for his pro bono work.

    The LPM will, together with its allied movements, continue to struggle for land and housing in the cities and radical land reform in the rural areas. The struggle will be waged in the settlements, in the streets and in the courts.

    For comment on this judgment please contact:

    Maureen Mnisi, Protea South Branch of the Landless Peoples’ Movement: 0823374514.

    Moray Hawthorn, Webber Wentzel Law Firm: 0832661081

    S’bu Zikode, Abahlali baseMjondolo: 0835470474

    Ashraf Cassiem, Western Cape Anti-Eviction Campaign: 0824805489

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    Abahlali baseMjondolo eThekwini Calls for City Wide Shack Fires Summit

    (Click here to read this statement in Italiano.)

    Abahlali baseMjondolo (eThekwini) Press Statement
    Friday, 08 August 2008

    Let us Work Together to Stop the Plague of Shack Fires
    Abahlali baseMjondolo Calls for a Shack Fire Summit


    Obed Mlaba’s house is symbolically burnt on 28 November 2007 in protest at the plague of fires.

    This weekend the eight people that burnt to death in two shack fires in Cato Crest will be buried. This weekend we will continue to rebuild the Kennedy Road settlement after two fires in two weeks.

    We do not accept that the poor must burn in shack fires. This is not God’s will.

    We cannot be silent while facing these fires. If we were silent we would have no right to exist.

    Some councillors just take the people’s votes and then leave them to burn with the fire. The people have put these councillors on trial and found them guilty. In Abahlali baseMjondolo we buried our councillors. Community organisations across Durban and across South Africa have rejected these councillors. The time of the councillors is over. The time of the people has come back.

    When ever there is a shack fire the politicians rush to blame the people for being drunk or not watching their children properly. Let us be clear. People in houses also get drunk. Their children also like to play in the house. The difference is that they have electricity and so their houses do not burn when these things happen.

    It is the Municipality that makes the people burn with fire. They separate us from the other people. It is like we do not belong to South Africa. They take their own time to build us houses but they don’t put the electricity while we wait. The fact that we are waiting for houses doesn’t mean that we must get burnt while we wait, that our children must get killed by rats while we wait, that women must get raped looking for a safe place to go to the toilet while we wait. We must all be safe while we wait.

    If they put the electricity the fires will not come to us. The problem is not that we are stupid. We do not need training on how to avoid fires. The problem is that we do not have electricity.

    Electricity will save our lives. Most fires are caused by candles and paraffin stoves. If they don’t connect we must connect. If they will not connect us then they must not arrest and beat us for connecting ourselves. If democracy is for everybody then everybody needs to be safe in a democracy and we are doing the work of the government when we connect ourselves. When we connect ourselves we are making the democracy real. When we connect ourselves we are making everyone count the same.

    Anyone who says that electricity is a luxury that the poor do not deserve must spend one winter living in a shack and trying to survive the fires before they speak about what is a luxury and what is a necessity.

    It is true that the government has failed to make enough electricity. But we cannot be expected to pay the price for their laziness. If someone has to pay the price it is better that the big companies and rich people that can afford generators should pay the price. Anyway, why are all the lights in the government and business offices on at night while we burn in the dark without electricity?

    When Abahlali baseMjondolo started the media had no interest in shack fires. It took us a lot of time and energy and many police beatings before we could restore our human dignity. Now our lives are taken more seriously. The fires are now reported in the media. We appreciate this. We get more support from churches and even individuals and we appreciate this. But we still have the same old problems of NGOs that we don’t know raising money on East Coast Radio in the name of our suffering.

    We used to have to ask our Indian neighbours to phone the fire brigade because they wouldn’t come if we phoned. Now the fire brigade comes quickly in Durban and when they get to the fire they work with the people. They do a good job. We appreciate it. They now take us as citizens in this country – and they take us all as citizens, they do not ask for an ID before they put the water on the flames. In Pinetown they still come too slowly though. A person who hears that there is a fire at home can leave work and get home before the fire brigade gets there.

    We used to be on our own after the fires. Disaster management would either not come or, if they did, they would give us food for one meal and a blanket and then leave. Now the eThekwini Municipality has given good building materials to the people in Kennedy. They have given cement, wooden poles, corrugated iron, planks and nails . At first they wanted to make a transit camp but we said no. After we discussed it together they are now supporting the people to rebuild. We really appreciate it that after all these years of neglect and conflict they are now talking to the people and bringing the people building materials after fires. We also really appreciate that the City will be supporting our Clean Up Campaign on 16 August.

    What we have won we have won through struggle. Our advice is that all settlements must mobilise and be vocal.

    The people’s voice is always condemned by party politics. The parties all compete to bury the children burnt in the fires. None of them demand electricity for the poor, none of them defend the electricity connections made by the poor when the police come to disconnect us and arrest us and beat us back into the darkness and the fires. Our advice to other settlements is that the people should organise independently of the parties. But each settlement must decide this question for themselves.

    What we have won cannot just be for Kennedy Road. It cannot just be for the 14 Abahlali baseMjondolo settlements that are now negotiating with the City for upgrades. Each step forward must be a step forward for all the settlements. Each victory must be shared.

    But we are disappointed that after the Cato Crest people asked to also get building materials some officials are saying that shacks are being burnt purposefully so that people can get these materials. Who would cheat their own life? Who would burn themselves? If the City want to keep moving forward they must put away, for ever, the idea that shack dwellers are dirty, lazy, stupid and dishonest. After many years of struggle the hated of black people had to be put away. Now the hatred of the poor must be put away. We must build one city together by talking and working together. And while we are doing this we must remember that South Africa belongs to all who live in it – not just those with ID books.

    In Abahlali baseMjondolo we have held many memorials for people killed in shack fires. We have fought many fires. We have rebuilt many settlements after fires. We have had many discussions about fires. We have asked researchers and lawyers to investigate the fires. Right now Matt Birkinshaw and Mnikelo Ndabankulu are going to different settlements and talking to people about the fires. They will make a report for us.

    Our position on the fires will develop as we have more discussions with more people. But we are already committed to these demands:

    1. Every settlement needs taps spread through out the settlement as well as hoses and fire extinguishers and every settlement needs these immediately.
    2. The City must immediately reverse its 2001 decision to stop electrifying shacks.
    3. People who have not been connected to electricity by the City must be supported to connect themselves.
    4. All settlements must, where ever possible, be upgraded where they are with proper houses and this must be done with democratic and not top down planning methods.
    5. While people are being connected to electricity the City must ensure that everyone gets good service from the fire brigade and that all settlements get good building materials after fires.
    6. Because the fires are the result of the failure of the City to continue to electrify shacks after 2001 they should pay compensation to all the people that have suffered in the fires from 2001 till now.

    We have decided to call a city-wide Summit on Shack Fires. We invite all shack dwellers’ organisations, all NGOs that can offer technical support, churches and all relevant city officials. We have decided on the following programme of action in the lead up to the Summit on Shack Fires:

    1. Saturday 9 August till Friday 6th September: Internal Meetings of All Shack Dwellers’ Organisations. All Abahlali baseMjondolo branches, other shack dwellers’ organisations and allied poor peoples’ movements will hold internal meetings with their members to discuss their experiences of shack fires and their views on the way forward. This will begin the process of developing an agenda for the Summit on Shack Fires. Leadership will not formulate the agenda. It will come out of these discussions.
    2. Saturday 7th September: Summit Planning Meeting of All Shack Dwellers’ Organisations at the Kennedy Road settlement. We will invite every settlement in KwaZulu-Natal to send representatives. We will invite representatives from our branches in the Western Cape and the Northern Cape. We will invite representatives from sister movements like the Landless Peoples’ Movement in Johannesburg and the Western Cape Anti-Eviction Campaign in Cape Town. We will also invite the South African Shack and Rural Dwellers’ Organisation and the Homeless Peoples’ Federation. These organisations do not all agree on politics. But we are all agreed that the fires must be brought to an end. We will try and build a united front against the fires.
    3. Sunday 21 September: Mass Prayer hosted by Abahlali baseMjondolo at the Kennedy Road settlement. All shack dwellers’ organisations are welcome.
    4. Monday 22 September: Summit on Shack Fires at the Foreman Road settlement. This summit will give all the shack dwellers organisations a chance to engage with the City. We do not want the summit at the ICC. We want it in the shacks. We do not need the police at this summit. We do not need their helicopters flying just over our heads. We just want to talk. We are just going to talk. If it goes well we could, together, develop a new way of doing things in Durban. If it fails we will have to go back to the streets. Human beings cannot live in fires.

    The media are welcome to come to all of these events. For more information or comment please contact:

    Louisa Motha: 0839574122
    Shamita Naidoo: 0743157962
    Mnikelo Ndabankulu: 0797450653
    Zodwa Nsibande: 0828302707

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    AbM Cape Town to hold first ever grassroots workshop on the City’s Master Plan

    Abahlali baseMjondolo Press Statement
    Friday August 8, 2008 – For Immediate Release

    Date: 9th August, 2008 (Saturday)
    Time: 14h00 – 16h00
    Venue: QQ Revolutionary Community Crèche

    QQ Section – Tomorrow, the newly formed AbM Western Cape will be holding a workshop for over 10 informal settlements in Khayelitsha on the City’s ‘Comprehensive Plan’ for Informal Settlements.

    Speakers at the workshop will include: Mzwandile Sokupa, Director of Informal Settlements for the City of Cape Town, Helen Macgregor from Development Action Group, Professor Martin Legassick, and others.

    The aim of the workshop includes the following:

    1. To empower communities in terms of understanding the City’s Master Plan.
    2. The way the idea of ‘development’ is being structured with regard to this Plan
    3. The way the City tries to control the development of informal settlements by using this ‘Master Plan’

    The primary intendant outcome of workshops like this one is to empower Abahlali towards a critical understanding of the City’s approach to urban planning. We would like all abahlali in our settlements to be able to engage with government officials and NGOs on these kinds of issues and democratically come up with informed alternatives to current authoritarian approaches.

    Abahlali baseMjondolo is a community-based and community-controlled movement and we do not believe in this so-called ‘stakeholder approach’ to development which seeks to make top-down government policies seem democratic. We are committed towards seeking alternatives with regard to these neoliberal-based policies which affect people living in informal settlements. We believe in the principles of participatory democracy where such alternatives only come from below and to the left.

    For more information, please contact 073-256-2036

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    “Hands off the MST Brazil!” say South African social movements

    “Hands off the MST Brazil!” say South African social movements

    7 August 2008

    To the poor of the world, to all people of good will who work for progressive change

    We, the landless and homeless people and associated activists of South Africa, decry the secret campaign by the so-called Workers’ Party (PT) government of the southern Brazilian state of Rio Grande do Sul to criminalise, outlaw and otherwise illegitimately harass our landless comrades of the MST.

    Under PT governance, Rio Grande do Sul has made substantial sums of money off hosting four World Social Forums – and yet that same government is now cynically using its militarised police forces to wage a clandestine war against Brazil’s most important, poor-driven social movement.

    Even the worn-out old statist Left has tiptoed quietly away from its earlier support of the government of Lula (“Squid”) da Silva as his supposedly liberating regime has extended its tentacles into all areas of Brazilian life, from throttling the growth of free trade unions, to extending university exclusions, now to moving against the poorest of the poor.

    Tarring-and-feathering the MST as “terrorist” is a despicable tactic more worthy of George W Bush and his henchmen – as Da Silva is now revealed to be. We demand the unilateral cessation of hostilities, plots and illegal actions by the PT, and if not, call on the peoples of the world to resist with all their might their actions, to picket their embassies and boycott their products.

    Signed:

    1) Maureen Mnisi, Gauteng leader, Landless People’s Movement

    2) S’bu Zikode, Kennedy Road Development Committee, Abahlali baseMjondolo

    http://www.abahlali.org/

    3) Michael Schmidt, International Secretary, Zabalaza Anarchist Communist Front, delegate to First Encounter of Latin American Autonomous Popular Organisations (ELAOPA), Rio Grande do Sul, 2003

    http://www.zabalaza.net


    www.zabalaza.net
    www.anarkismo.net

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    Kennedy Road Burns Again

    Two weeks ago hundreds were left homeless and robbed of all their possessions by a fire at the Kennedy Road settlement. There was another fire at the Kennedy Road settlement today – the 6th this year.

    No one was hurt and people managed to bring it under control quite quickly. The fire brigade, as they always do these days, arrived quickly and put out the remaining blaze. They worked with the community and worked effectively and bravely (fighting shack fires is quite dangerous as gas cylinders blow up unexpectedly in large balls of flame).

    The fact that there are so few taps in the settlement, and that they are so far away and up a steep hill from the bottom of the settlement where this fire began, made fighting it very difficult. But people did what they could bringing water down the hill, demolishing shacks in the path of the fire and breaking the locks on shacks at risk to remove the contents to safety. Thirteen shacks were destroyed. No one was hurt.

    There are no fires in the electrified part of the settlement. The connection between the city's 2001 decision to cease electrifying shacks in Durban, not to mention the city's habit of treating self organised connections as criminal, and the relentless fires is clear. The connection between the tiny number of taps in the settlements and the difficulty in fighting fires is also clear.

    Mashumi Figlan (0795843995) and S'bu Zikode (0835470474) are on the scene and can give comment.

    There are some pictures of today's fire at: http://abahlali.org/?p=3828 and a few seconds of video footage at: http://www.youtube.com/watch?v=GSLLi6syKBw

    There is a link to a list of links to previous statements about fires at the entry on the 14 July Kennedy Road fire which is at: http://abahlali.org/?p=3771

    As Abahlali baseMjondolo keeps saying shack fires are not accidents, people do not need fire safety training. Shack fires are a direct consequence of policy choices. People need immediate access to electricity and proper access to water as a matter of emergency and then democratic planning for upgrading shacks into houses in the city where people live, work, go to school, use libraries and sports facilities etc.

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    AbM Youth League Chairperson’s shack has just been lost to fire

    Update: Click here to see some pictures and to read Bongo Dlamini’s story.

    Bongo Dlamini, 19 year old struggle artist elected as the chairperson of the Abahlali baseMjondolo youth league on 16 June 2008, has just lost his shack in a fire in the Motala Heights settlement in Pinetown. Neighbours were able to put the fire out quickly and it did not spread to other homes. But Bongo has lost everything he owned. He was going to design the new Durban Abahlali banner after the old one, designed by Mbongeni Msomi from Mpola, was given to the comrades in QQ Section in Cape Town to celebrate the launch of their AbM branch.

    Shack dwellers are paying the price for the notorious 2001 decision of the eThekwini Municipality to cease the electrification of shacks on the grounds that it is ‘too expensive’. The price that is being paid is death, injury and destitution. How can keeping the poor safe from fire (and providing light in people’s homes so that children don’t have to do homework under the street lights) be ‘too expensive’ when there is money for casinos, 5 star hotels, shopping malls, uShaka Marine World and a new stadium right next door to the old one?

    Shack fires are no accident – they are a direct result of the eThekwini Municipality’s denial of electricity to shack dwellers.
    Shack dwellers do not need education on fire prevention – they need electricity.

    Bongo can be contacted at 0748756234.

    For background to the struggle in Motala Heights visit: http://www.abahlali.org/node/2377

    For a history of the main fires in Abahlali settlements since 2005 visit: http://abahlali.org/node/3626

    For a statement on armed police de-electrification visit: http://abahlali.org/node/3342

    For Bishop Rubin Phillip’s UnFreedom Day speach calling on the Municipality to electrify the shacks visit: http://abahlali.org/node/3489

    To read Carla Mike’s research on the plague of fire and the denial electricity and in eThekwini visit: http://abahlali.org/node/3204

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    Opening ceremony for QQ Community creche

    Abahlali baseMjondolo Press Statement:
    31 July, 2008 – FOR IMMEDIATE RELEASE

    Khayelitsha – QQ Section, Abahlali baseMjondolo’s newest member community, has been one of the most deprived informal settlements in Cape Town: they have been waiting for services from government for the past 20 years. The last 14 years of ‘democracy’ has been meaningless to residents of QQ Section.

    After living so many years without rudimentary services, abahlali (residents) find it very appalling for the City of Cape Town to claim that This City Works for You and the the Western Cape is a Home for All. They have sought to marginalise us and incited devisions between us so that we fight their ANC/DA political battles.

    After many attempts by residents of QQ trying to force the City to provide them with basic services including mass-based protests, negotiations on good faith, and handing over of community-drafted memorandums, each endeavor has fallen on deaf ears.

    So abahlali have decided to establish their own services owed to them by government. By donating R5 and R7 to erect their own crèche which will also double as a community hall, library and youth centre, as well as house the only toilet in the settlement, we are trying to prove that another world is possible.

    On the 5th of July, 2008, residents of QQ took lead of launching the Western Cape branch of Abahlali baseMjondolo (Shackdwellers Movement) with the aim of uniting all shackdwellers in South Africa. Now, on the 2nd of August, 2008, the abahlali of QQ Section will have the ceremonial launch of their first self-financed community development project – the QQ Community crèche.

    This crèche to be a community project owned by the people and not a non-governmental organisation controlled be a few self-electing board members. After a number of mass meetings, the newly elected Children’s Committee will be required to ensure that parents and other abahlali play a vital role in the success of this cooperative project. Also, after much discussion, residents agreed to a R50 per month fee for children attending the crèche. This community-owned project will seek the betterment of the entire community through volunteers helping out a few times a week and not a profit for any individual.

    For further information, please feel free to contact Mzonke Poni at 073-256-2036 or qq.section@webmail.co.za

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    A Prayer for Justice

    A Prayer for Justice

    When you created heaven and earth,
    They have formed suburbs and locations.
    When you created man and woman to become one flesh,
    They have divided your creation with fences and police.
    O, Dear Good Lord, your world has been torn asunder!

    When you gave the Israelites manna in the dessert,
    They have left us to starve in the midst of plenty.
    When you took the Israelites to the promised land,
    They have relocated us from the land they promised us.
    O, Dear Good Lord, your people are suffering!

    When you said Jerusalem is the city of gold,
    They have said our shacks are called ‘slums’.
    When you gave the Ten Commandments,
    They have imposed the Slums Act.
    O, Dear Good Lord, we are being driven from Jerusalem!

    When you saved the Israelites from the plagues,
    They have left us to burn and die in the shack fires.
    When you gave the Israelites water from the dry rock,
    They have left us to struggle without taps in dirt and thirst.
    O, Dear Good Lord, the plagues of oppression are on us!

    When you preached the Sermon on the Mount,
    They have promised to eradicate us.
    When you preached the unity of all the world,
    They have led us to the ‘xenophobic attacks’
    O, Dear Good Lord, we plead for your mercy!

    When you delivered your people from the Egyptian Pharaoh,
    They have seized the staff of Pharaoh for themselsves.
    When you chased the money changers out of the temple,
    They have bought and sold the land you made for all.
    O, Dear Good Lord, our rulers have sinned against you!

    You have told us to be together sharing everything in common.
    You have told us that your earth was made for everyone.
    The fences and the police blaspheme against your creation.
    The Slums Act blasphemes against your creation.
    The plagues of fire and thirst blaspheme against your creation.
    O, Dear Good Lord, give us strength as we make your world one again!

    Prepared by: Nsingo Fanuel (Abahlali baseMjondolo member)

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    AEC Memoranda to Dyantyi, Thubelisha and Trafalgar

    Update: Click here and here for newspaper reports on the march.

    24 July 2008
    Memoranda presented to MEC Richard Dyantyi, Thubelisha Homes, and Trafalgar Property Management

    Below you will find the text from the memoranda presented to MEC Richard Dyantyi, Thubelisha Homes, and Trafalgar Property Management at today’s march. Unfortunately, no representative from Trafalgar Property Management bothered to attend to accept a memorandum. After prolonged negotiations, the SAPS superintendent accepted it on their behalf.

    As Trafalgar was unwilling to send a representative to accept a memorandum, the N2 Gateway joint committee representing residents of the Joe Slovo Phase 1 flats, the Joe Slovo informal settlement and the Symphony Way settlement in Delft will be meeting to plan further action that will insure that Trafalgar addresses the needs of the poor.

    —————————————————————————————————

    24 July 2008

    Memorandum to Thubelisha Homes:

    You were given the responsibility for building housing as the principle agent and developer of the national N2 Gateway Housing Project. This was a special responsibility and you could not deliver.

    First, your forcibly removed people to Temporary Relocation Areas with the false promise of housing. Then, you were responsible for the building of flats of substandard quality for poor people who need homes. Then, you carried out a mass eviction of people who were on the waiting list for housing for more than twenty years; six months later they are still on the pavement in the dead of winter opposite your empty houses. Now you want to evict more people from shacks to build more shoddy housing.

    Is it any surprise that you ran out of money, not trying to deliver adequate, decent, affordable housing, but because of lawyer’s fees for eviction court cases? This is like a curse that you have put on yourself for not thinking of the poor.

    This is not the first time that you have attempted to exploit the poor people of this country. For years, you have gone unchallenged and now you have met your match, it is too late for you.

    And now:

    – because you could not manage this N2 Gateway Housing Project;
    – because you participate in the outsourcing and privatisation of housing delivery;
    – because you operate like an apartheid agent;
    – because you are cowards;
    – because of your gross violation of human rights through mass evictions;
    – because of your bureaucracy and corruption;
    – because of your combination of extravagant spending with poor workmanship and lack of capacity;

    You are now dead. We do not expect any letters or summons from ghosts. The truth will now arise. Fair well and good riddance.

    REST IN PEACE

    —————————————————————————————————

    24 July 2008

    Memorandum to Trafalgar Property Management:

    You are an international company that manages properties for rich people. Yet, for the past year, you have been attempting to manage the flats in Joe Slovo Phase 1, shelter for poor people that you treat as if they were homes in rich suburbs.

    We do not know you. We never met you. We do not have any agreement with you. Yet, for the past three months, you have been sending the residents of Joe Slovo Phase 1 threatening lawyer’s letters because they refuse to pay your extravagant rent.

    The agreement you have is with Thubelisha Homes, not with the residents of Joe Slovo Phase 1. We never signed any contract with you. We don’t need any more letters from you as they create heartache and pain for pensioners and single parents. Keep your papers and ink.

    In future, avoid abusing poor people on behalf of the state. Do not participate in the privatization and outsourcing of housing management. We are sick and tired of government agents.

    Now that you are buried, we can rest easy knowing that you can no loner exploit the poor people on the N2 Gateway Housing Project..

    REST IN PEACE

    —————————————————————————————————

    24 July 2008

    M E M O R A N D U M

    To Richard Dyantyi, MEC for Local Government and Housing:

    You are responsible for seeing to the needs of over half a million pensioners, single parents, farm workers and other poor people who desperately need proper housing, especially now that it is winter. This is your job.

    But your current annual budget allows for only 12,000 homes to be built, when in fact the need increases by 22,000 units each year. If you continue business as usual, the number of homeless in the Western Cape will increase, instead of decrease, by another half of million. When you think of your children, think of all our poor children living in shacks, in backyards, and homeless, especially now in the wintertime. Is this the future you wish for our country?

    You need to declare the housing backlog a State of Emergency. Start by scrapping the laws that allow for the eviction of poor people until we all have homes, security, and comfort.

    Your department must take direct responsibility for housing, housing delivery, and housing management. But you continue to outsource and privatise housing and housing delivery, as if it is a solution, rather than acknowledge that this is part of the problem. Evict Traflagar and Thubelisha Homes, not the poor people. To us, Trafalgar and Thubelisha Homes are now dead and buried.

    You have been given one more chance to deliver on the needs of the poor. To educate and inform you about real public participation and the needs of our communities, see the ballot box that we have left you. Take this as your mandate for delivery. Also, take it as a reminder that we will not vote until we have land and housing. No land, no house, no vote.

    Yours sincerely,

    On Behalf of the poor communities of the Western Cape

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
    www.antieviction.org.za
    -~———-~—-~—-~—-~——~—-~——~–~—

    AEC March on Richard Dyantyi, Thubelisha Homes, and Trafalgar Property Management – final reminder

    Anti-Eviction Campaign Press Statement
    Wednesday, 23 July, 2008


    Event: March for community control over the housing process
    Time: 10am
    Date: Thursday July 24th, 2008
    Location: Assemble in Keizergragt Street (march to Provincial Department of Local Government and Housing)

    Cape Town — All three communities affected by the N2 Gateway fiasco – the pet national housing project of Lindiwe Sisulu – will be marching tomorrow morning to claim that they are not stupid, that they can think, that they must be at the centre and in control of any housing policy that effects them. Communities are tired of the government’s authoritarian way of governing. This is not a protest about lack of service delivery, but a protest about the undemocratic structure of government.

    Communities are calling on government to end the privatisation of services to private companies like Thubelisha Homes and Trafalgar Properties. Communities are marching to Provincial Department of Local Government and Housing to claim service delivery as their own and to mandate government to carry out the wishes of the people in the manner the people decide.

    1. Housing is not an excuse to evict shackdwellers.
    2. Sustainability is not an excuse to raise rents on shoddily constructed flats.
    3. Order is not an excuse to violently evict families who have nowhere else to go.

    We are marching to claim our right to dignity! We are marching to claim our right to humanity! We will assert our right to express ourselves despite government’s attempts to silence us and prevent us from being heard!

    Phansi Forced Removal! Phansi High Rent! Phansi Privatisation!

    For more information:

    Ashraf Cassiem 072 976 9446
    Mncedisi Twalo 078 580 8648
    Gary Hartzenberg 072 3925859

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
    www.antieviction.org.za
    -~———-~—-~—-~—-~——~—-~——~–~—

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    Politics at stake: a note on stakeholder analysis

    Politics at stake: a note on stakeholder analysis
    July 2008
    Mark Butler and David Ntseng

    People in government, business, and political and civil society organisations routinely talk about ‘stakeholders’. They do exercises in stakeholder analysis to inform their ‘strategic planning’. Invariably they use the stakeholder language to advertise claims about the inclusivity of their thinking, their processes, and their practice. The organisation we work with was asked recently to prepare an input for a ‘stakeholder analysis’ for a collegial NGO and this forced us to reflect on why we were so uncomfortable with the very idea. We presented some of our thinking as the basis for discussions at the NGO meeting. It was good that there was a mix of people there including grassroots militants as well as civil society employees. The note below includes some thoughts we had prepared, as well as things we learned from people at the meeting. It outlines why we conclude that the stakeholder discourse, and the practices that go along with it, are in fact part of an order that functions to exclude and silence. For those at the meeting who came from grassroots formations, it was clear that this approach fitted very much with their analysis and experience. Summarising their key points, it was said that the stakeholder approaches exclude, enslave, silence and demobilise. The combined effect is to try and reduce their struggles to what can be managed within the terms set by the rich and powerful.

    Stakeholders = those who count. Emancipatory Politics = made by the uncounted.

    By definition, stakeholders must mean those people or groups who are recognised as having a stake in something. Part of CLP’s evolving way of understanding the world we’re in has meant moving decisively away from the assumption that we get toward good praxis by analysing, and working with, relations with ‘stakeholders’. It’s not that we think stakeholders don’t matter – on the contrary, they constitute ‘what is’ and they therefore affect a lot of things that people have to deal with. But they cannot constitute spaces for a liberatory politics. The ‘stakeholders’ are those who are counted and who are qualified to speak – their counting, qualifications and speaking being constituted by and within the terms of the existant order (of ‘the police’ as Rancier would have it). A liberatory politics is the opposite – it is precisely the disruption of those terms by those who are not counted, not qualified, and therefore, should not be speaking. In short: naming the stakeholders is in order – liberatory praxis is the ‘out of order’ of those who do not qualify to be stakeholders.

    This critique of stakeholder (anti)politics seems to us in line with the analysis of the French philosopher, Jacque Rancier. Luka Arsenjuk, says of Rancier’s thinking that he is opposed to kind of politics “that makes decisions on the people, for the people, instead of the people; a politics that holds that in the political order, all sections of the community have been assigned their proper place.” The critique in turn finds support in the experience of those whose struggle and are, as a result get ‘assigned their proper place’ as stakeholders. Mama Rose who is a street trader argued that:

    “For us street traders, being a stakeholder is a slavery term. This is because government and big business think for us, plan for us and all we are left with is to fit in their plan and do as we told, even if we feel hurt and oppressed by their plans”.

    Rancier himself says:

    “There are two ways of counting the parts of the community: The first only counts empirical parts – actual groups defined by differences in birth, by different functions, locations, and interests that constitute the social body. The second counts ‘in addition’ a part of the no-part. We will call the first police and the second politics…. there is politics inasmuch as ‘the people’ refers to subjects inscribed as a supplement to the count of the parts of society, a specific figure of ‘the part of those who have no-part.’…Politics exists as a deviation from this normal order of things. It is this anomaly that is expressed in the nature of political subjects who are not social groups but rather forms of inscription of ‘the (ac)count of the unaccounted-for.’ The ‘poor,’ … does not designate an economically disadvantaged part of the population; it simply designates the category of peoples who do not count, those who have no qualifications to part-take…, no qualification for being taken into account.” (Ten Theses on Politics).

    Ironically of course, notwithstanding the claims of liberal apologists (including those on the left in civil society) for the inclusivity of the “stakeholders + state” machinery, that machinery actually really excludes nearly everyone by now – if inclusion meant more than managing them and their opinions! As Alain Badiou has it: “Today the great majority of people do not have a name; the only name available is ‘excluded’, which is the name of those who do not have a name. Today the great majority of humanity counts for nothing”.

    Mr. Ndlovu, who is a street trader activist stated:

    “we are being used under the banner of being stakeholders. Whenever the government makes a policy they consult us individually and say different things to us. Having caused enough chaos among us, they say they have consulted stakeholders. Whereas those among us who are not well learned they are often ignored”.

    Emancipation is not a ‘deliverable’

    For our context, it is for these sorts of reasons we agree with the analysis of Michael Neocosmos that the terrain of (anti)politics established by, and in relation to, the state project is essentially dead. At a certain level, so many people’s experience and analysis shows this to be so – the list of un-met expectations of what the state promises and consistently fails to deliver is so long, that most people really do feel deep anger or despair. But the space where the possibility of actual emancipation emerges, is constituted in the moment when people’s movements and actions proceed from the brutal truth that “we are on our own” and move forward only once they have clarified that we are finished with (anti)politics of the state project. In a similar way, Frantz Fanon observed so long ago that:

    “To educate the masses politically does not mean, cannot mean making a political speech. What it means is to try, relentlessly and passionately, to teach the masses that everything depends on them; that if we stagnate it is their responsibility, and if we go forward it is due to them too, that there is no such thing as a demiurge, that there is no famous man who will take responsibility for everything, but that the demiurge is the people themselves and the magic hands are finally only the magic hands of the people” (The Wretched of the Earth, 159).

    This break is decisive – it is a movement from illusion to truth. The illusion is that the state project as a vehicle for delivery is also the vehicle for human liberation (an illusion absolutely necessary for perpetuating the tyranny of the liberal democratic rule). Truth is in the insight that the reinvention of politics through the out-of-order actions of the uncounted on the principle of a genuine, living democracy (that everyone really matters) is the meaning, means and content of human emancipation. On the basis of that insight, people first announce their humanity and, as a consequence, make explicit their prescriptions on the state. Perhaps from that point on, they may establish a sequence of politics and action where they are ‘stakeholders’ – but they must first (or at least simultaneously through their action/struggle) make everyone see that they are precisely those with no stake in what exists! It is their status as non-stakeholders that explains the contempt and disregard of the rich and powerful and that makes the people’s reclamation of humanity and dignity so scandalous that it cannot but be out-of-order and unable to be accommodated without a rupture to the existing order.

    In our own searching for a better praxis, we have concluded that we only find a certain kind of human freedom and solidarity in and through our connection with politics defined as the disruption of the order of the existant by those who are excluded – and in working with the processes that flow from, and that remain in fidelity to, these moments. The clear implication is that, to define our own praxis on the basis of a stakeholder analysis would be to inevitably inscribe our praxis as part of the existing order – precisely the dead-end that we needed to break with!

    So we needed to clarify for ourselves: what can it mean to make a contribution to a ‘stakeholder analysis’? What is more important?:

    • to try to list those groups, classes, categories that make up ‘what is’; to analyse what they are doing or trying to do; to make informed guesses about who’s likely to win and lose what given the current ‘balance of power’?; or
    • to analyse ‘what is’ by showing how all these different groups and ‘forces’ are in fact simply part of a moribund system of unfreedom, stultification, oppression and exploitation – even though some of them imagine themselves as part of its opposition?;
    • perhaps to try and describe what we have learned about ‘what is’ from the perspective of the politics of those who are not, those whose politics would establish something actually new and liberating?.

    Who counts?

    Perhaps first we must remember the inappropriateness of a civil society or NGO elite sitting around discussing and analysing ‘stakeholders’ – inappropriate because it still assumes that the real agency for change is located in this civil society. In the liberal and neo-liberal discourses of this civil society, what are counted as the stakeholders are the ‘interest groups’ who engage with (and include) the state. From our experience, the typical stakeholder list would be something like: labour, business (black and white, big and small), churches, universities, women’s organisations, ‘communities’, political parties, the media, NGOs, and so on. In our discussions at the meeting, Rev. Willem said: “It seems that the poor and excluded are perpetually being fragmented by the authorities in the name of being stakeholders”.

    Underpinning this approach has to be the rule that there are grounds for the justification of each stakeholder and each interest group’s voice. But this reduces all ‘politics’ to the management of partial claims within the ambit of the terrain of the state. A proper politics is the opposite – it exists only in the universal truth claims implied in the political actions of those who have no ‘place’, no justification. Thus in Neocosmos’ rendering of Badiou: “an emancipatory politics is universal and not linked to any specific interest, it is ‘for all’ never ‘for some’. It follows we can say that for Badiou emancipatory politics does not ‘represent’ anyone:

    ‘Politics begins when one decides not to represent victims […] but to be faithful to those events during which victims politically assert themselves […] Politics in no way represents the proletariat, class or nation […] it is not a question of whether something which exists may be represented. Rather it concerns that through which something comes to exist which nothing represents, and which purely and simply presents its own existence’ (Badiou, 1985)”(Cited in Michael Neocosmos “Civil society, citizenship and the politics of the (im)possible: rethinking militancy in Africa today”).

    It would be more appropriate to recognise that these questions can only be answered in specific contexts of specific people’s struggle. When those who suffer it lead self-initiated action/s against it, then part of that process might presumably look something like a ‘stakeholder analysis’. But the stakeholders that matter in that analysis would be those that actually affect the real situation of the people and that actually feature in the thinking and analysis of that situation by the people.

    It might be possible to try and make some very tentative notes about what the kinds of stakeholders that do seem to feature in many such struggles at the moment in our context. Of necessity, what we hint at here is incomplete. Nonetheless, it seems to us that what people fairly consistently name in this regard are what we might call the apparatus of the liberal democratic state – including its armed wing/s. (It is noticeable that this conclusion is systematically ignored, mis-read and/or ridiculed by all the elite observers, commentators, analysts and practitioners – including those of the Left.) The most common targets of critique and rebellion are thus: local councillors, local government (and often too, the provincial – less often, national government), local activists and fora of the political parties, the police. Then there is a layer of stakeholders that, often together with players in the preceding list, shape local spaces of democratic discussion and politics – especially elites who oppress the majority (whether these are purely political elites tied to the parties or those with very localised economic interests – e.g. shacklords, landowners, etc – or those with power derived from other resource bases like formal education, connection with mainstream churches etc.) Perhaps another layer of stakeholders that seems to emerge again and again are those from civil society, who try to mediate and control the relation between people’s action and the state project – lawyers, churches, NGOs, Left activists, etc..

    Fanon stessed that “The nation does not exist in a programme which has been worked out by revolutionary leaders”; it is created by “the muscles and brains of the citizens”. Abahlali baseMjondolo President, S’bu Zikode, has articulated a powerful extension of this idea in his commentary on a discussion of globalisation in the University of Abahlali baseMjondolo (i.e., a learning space constituted and populated by shack-dwellers) during September 2007. Regarding globalisation, Zikode said:

    “It was clear to all that you have to approach it from the bottom, start small in a form like struggling against Baig, Mlaba etc, because in no ways you can jump into the World Bank while failing to identify a close enemy that you can see, touch, an enemy that denies us a right to life. Thus as much as all debates are good, fighting only by talking does not take us much further. Sometimes we need to strengthen our muscles for an action debate, that is a living debate that does not only end on theories [Zikode 2007].

    Indeed, as Fanon insists: “we must rid ourselves of the very Western, very bourgeois and therefore contemptuous attitude that the masses are incapable of governing themselves”.

    Under current conditions then, emancipatory politics can only be initiated by those who are not stakeholders. The basis of any decent politics that is faithful to the universal principles elaborated in their thinking and struggles is that everyone counts (i.e., the opposite to what currently obtains). What kind of analysis could be done under that assumption? Surely not an analysis by elite analysts of the stakeholders who currently count? Surely only by and with those who speak and act out-of-order?

    Even if we began with an idea that presumes everybody is or should be somehow a stakeholder of the state system (on the democratic basis that they are here and are human), we still reduce politics and people to the idea that they are recipients of something that the state will ‘deliver’ to them (a toilet, freedom, whatever). This is the deadening impact of both the ‘human rights’ and ‘basic services’ discourses – both of which, when applied to the massive number and scale of rebellion and action across the country, function to hide the demand for a human(ising) politics which is usually at the top of what the people actually involved in these actions list! It is also the deadening effect of conscripting those rebellions and voices into the ‘stakeholder forums’ that are the ‘in order’ channels for sustained enslavement.

    It is necessary to repeat and clarify that by talking of the ‘state project’ and the (anti)politics it establishes, we include (most of) civil society which, even in its apparently oppositional roles, is very much part of what is counted. Discussions with grassroots militants helped us to see that civil society organisations often land up playing a key role in de-politicising their struggles by jumping in with ‘capacity building’ and ‘education’ interventions that are designed not primarily to strengthen the poor in their own struggles but to bring them into order and to play according the rules and expectations of the dominant order by teaching them to be better ‘stakeholders’. Dudu from the Eastern Cape NGO Coalition asserted: “having observed social formations and their politics, I have this question to ask: Why is it that every time the Poor come together, NGOs and Leftists jump in and take over? In their conventional praxis they provide capacity building. Whereas my observation is that capacity building demobilises people, it takes them away from their original agenda”.

    With this sort of ‘help’ from civil society, it can hardly be surprising that the experience of grassroots militants was that the move from being part of the -not-counted’ to being a ‘stakeholder’ is not really a move from exclusion to real inclusion – it is is just a move to another kind of enslavement and exclusion: “They bring us into these structures and then they tell us what must be conveyed down to our people! This keeps us in a kind of slavery”. Mr. Mqabi (also a street trader activist) correctly concluded: “We need to look within ourselves to find strength and courage to fight our own battles first, and then look outside for additional support”.

    Featured post

    Resistance from the other South Africa

    Resistance from the other South Africa
    Neha Nimmagudda (2008-07-17)
    http://www.pambazuka.org/en/category/comment/49497

    “Leaders are meant to lead and to be led [by those who elected them]” – Lindela Figlan, Abahlali baseMjondolo movement

    Fourteen years since the transition to democracy, leadership in South Africa is in a state of flux—and South Africans know a thing or two about leaders. For every Mandela, after all, there is an Mbeki. In his seven years of presidency, Mbeki has mistaken denialism for leadership and appeasement for diplomacy. The liberation victors in the ANC have tied up the ruling party in its own historical mythologizing, determined to hold its grasp on the state. Now, for every Mbeki, there is the possibility of a Zuma.

    In May, immigrants living in the townships and shack settlements of South Africa woke to find that they no longer had a place in their adopted homeland, as their neighbors chased them out of their houses and shops. Yet for ten days while pogroms burned, their country’s leader was nowhere to be found. Even afterwards, Mbeki and other leaders, in failing to acknowledge the profoundly xenophobic nature of the state, and blaming the violence on the poor themselves, did little to calm the storm. Thousands have since left in mass exodus.

    Of course, turning to neighboring Zimbabwe to provide a shining example of good leadership in this dearth finds none as Robert Mugabe and his military junta continue their absurdist drama: struggle heroes turned autocrats, fighting their own people instead of fighting for them. For South Africans, whose roster of liberation fighters reads off names like Tambo, Sisulu, Biko, First and Hani, the present situation is somewhat of an anomaly.

    But in midst of this crisis, hope for a new kind of leadership can be found in an unlikely place: the Kennedy Road shack settlement , in Clare Estate, Durban. In the middle of a Saturday night in June, a group of thirty odd women and men , some as young as 17, has gathered in a small room that serves as a community-driven crèche during the week. They are here to induct newly elected leaders of their organization of shack-dwellers who collectively call themselves Abahlali baseMjondolo. The Abahlali, since emerging in 2005, has grown to become the largest social movement in the country, with members in more than 40 settlements and over 30,000 active supporters in the province of KwaZulu-Natal.

    The Abahlali take leadership very seriously. For years since the transition, they have patiently waited for their leaders—in the government and in the ANC—to fulfill their promises for land, housing and development. What they received instead were violent evictions, demolishions, and forced relocations to the peripheries of cities away from access to jobs, schools, and health care. Their former comrades in the struggle against apartheid now began treating them with open contempt, condemning their lifestyle, and criminalizing their activities. The poor found that they were not welcome in the new South Africa that they had fought for.

    In response, the Abahlali have said, “Enough is enough [1].” In the three years since its launch, the movement has carried out a series of large-scale protests and marches, but has also resorted to other, less public means of resistance within settlements: by using legal tactics to fight illegal evictions and forced removals, by knowledgably and safely connecting shacks to electricity and water, and by skillfully maneuvering the media, to ultimately advance a ‘quiet encroachment of the ordinary’ [2] in response to a lack of state leadership.

    The Abahlali workshops aim to facilitate a conversation on the qualities of good leaders and to teach leadership skills. Those who congregate come from settlements such as Foreman Road, Motala Heights, Jadhu Place and Joe Slovo, and they plan to stay (and stay awake) through the night. Standing in front of the packed room, in this particular workshop, President S’bu Zikode poses the question: “What makes a good leader?”

    The gathered group forms the leadership of the newly elected Youth League, whose president Mazwi Nzimande has just turned 17. All are volunteers—for Zikode, full-time—sometimes sacrificing other opportunities, including jobs, and all are here tonight by choice. Some have traveled great distances to attend, coming in from the movement’s new branches in the settlements of Tongaat (EmaGwaveni) and Ash Road in Pietermaritzburg. Many of those present are also fathers and mothers, including Zikode. Philani Zungu and Ayanda Vumisa, husband and wife and active members of the movement (Philani is former Vice-President and Ayanda is the current Vice-Secretary of the Youth League), both arrive late from Pemary Ridge in Reservoir Hills, having waited until their children were asleep.

    The wide demographic represented at this meeting also affirms the egalitarian nature upheld by the movement more generally. The Abahlali are proving that leaders are not of a certain age, gender, race or class. For them, leaders—holding foreign degrees, matriculating at elite universities and being well versed in the technocratic jargon that prevails in development discourses of the state—have all failed them. More important is for a leader to have intimate knowledge of their experience and of their plight: “They must feel what we feel,” participants at the meeting declare, “and only those who feel must lead.”

    To this end, the Abahlali encourage affiliated settlements to democratically elect leaders from their own communities, and to ensure that all their decisions are taken in discussion with the people who chose them. Sihle Sibisi, from Joe Slovo, explains, “A leader is someone who listens to everyone, who respects everyone they lead.” They “do not take a position on behalf of or for the people but with the people.” Members express frustrations with the populist rhetoric of local politicians, who visit their settlements intent on gaining their votes for the next elections. Leadership cannot be reduced to this, they argue. It cannot be confined to a single term or a single meeting. Rather, it is an organic and “ongoing process” with no start or end.

    “A leader is not born but made by those they claim to represent,” says Vice-President Lindela Figlan, a fact that they must not forget. Derrick Fenner from Motala agrees, stating, “No one can lead us without us.” They assert that a leader must replace the current lack of communication and interaction with “answers for those they lead…[someone] who shares and discusses the issues with all the people.”

    Each leader here was elected through a democratic process held at their respective communities, or, as in the case of the Youth League (launched 16th of June 2008), in a forum of made up of the movement’s members from across the settlements. They are the faces of their communities; as Zikode tells them, as leaders they are “the hope of the hopeless, the homeless, the jobless, the poor and the marginalized.”

    It is for these reasons that the Abahlali practice strict political autonomy from the state, political parties, churches and NGOs. They do work with organizations that can bring technical skills, such as lawyers, and are engaged in a constant battle to subordinate the state’s development project to the community committees in each area. But even here they demand that development or activist profesionals “ speak to us, not for us us” and insist on recognition, dignity and full partnership from anyone wishing to work with them towards developing their communities.

    Moreover, the movement has consistently espoused a philosophy of ‘living politics’ that grounds the collective thought and action that drives the struggles specific to each settlement in the hands of the people in that settlement. A living politics requires that a community seeking to join the movement make the decision autonomously and collectively. Recently, settlements in the Northern and Western Cape were formally inaugurated into the movement after residents read about the movement in the press, made contact and then discussed the issues internally within their communities, coming to identify with the Abahlali.

    By remaining context-specific, the Abahlali recognize that the movement and its struggle ‘must develop its own significance within each settlement’ [4] whether it is responding to police brutality, government contempt, landowner intimidation, or shack-fires. Through Abahlalism—their self-deemed political culture—they are cultivating their own type of leaders, all of who come from the shacks and all of whom are accountable on a day to day basis to the people who elected them

    When Zikode asks the new branches’ representatives to illustrate the difficulties of leadership in their respective communities, leaders describe repressive circumstances. Gugu Luthuli and Niza Chithwoya recount regular instances of police brutality and corruption in Tongaat. For Ash Road in Pietermaritzburg, Sibahle Dlamini explains that Abahlali organizing has gone underground because of municipality efforts to suppress the movement. Yet the result of this repression is that they have found support amongst themselves.

    As they listen and respond to each other’s stories, a common refrain within the group is “Qina Bahlali qina!” reminding one another to stay strong. Mutual recognition and support drive their struggle, and through them the movement helps to cultivate a shared sense of responsibility within their communities. It was the Abahlali who responded swiftly to the xenophobic riots in May, issuing a strong rebuke of the attacks in a widely circulated press statement that declared, “A person cannot be illegal. A person is a person wherever they may find themselves,” and confronted the government for its role [4]. They actively worked against the attacks and there were no incidents at all in any of the Abahlali settlements. Bahlali were also able to take in some people displaced in the attacks.

    Back at Kennedy Road, the meeting continues through the night and into the early morning. Members question movement structures, and debates emerge about the roles of the chairperson and other positions. They argue for greater transparency and challenge the current leadership of the Executive Committee, and the younger members composing the Youth League, to be up to the task. Throughout the discussion, every person’s opinion is respected and taken seriously.

    It is because of rescinded promises and betrayals of their elected leaders that every year, when the country commemorates the first free and democratic elections in South Africa, the Abahlali mourn their continuing lack of freedom [5]. What the Abahlali have found instead is that leadership comes from within—within these communities and within individual members of the movement. In the absence of role models in the Party and State, they have looked to each other for help in overcoming the daily struggles of living in the shacks. Each umhlali is a leader in his or her own right. With daybreak the next morning, the group of men and women young and old, shake hands and hug and finally disperse.

    Maybe now is the time for national leaders to learn a thing or two from the people they purport to lead.

    *Neha Nimmagudda is studies Sociology and Political Science at Columbia University and has been working as a volunteer in the Abahlali baseMjondolo office in Durban.

    *Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org/

    Notes:

    1. “Sekwanele!” in Zulu. For more writing on the context of their struggle and for articulations by the Bahlali, refer to http://www.abahlali.org
    2. Bayat, Asef. “The Politics of Un-Civil Society”, available: http://www.abahlali.org/node/237
    3. This point was shared with me by Mzonke Poni, newly elected chairperson of the Western Cape branch in QQ Section, Khayelitsha, during his visit to Durban on 13 June 2008
    4. This press release and others can also be found on the Abahlali website, http://abahlali.org
    5. 27th of April is known as ‘UnFreedom Day’ instead of ‘Freedom Day’ in these communities

    Featured post

    Another Kennedy Road Child Attacked by a Giant Rat

    This morning a 2 month old baby, Wandile Cikwayo, was attacked by a rat that gnawed her fingers very badly. An ambulance was called but they refused to come and directed Wandile’s mother, Nonhlanhla, to the local clinic. However the security guards at the clinic were chasing people away saying that there were only two nurses on duty and that the people must come back another day.

    Abahlali managed to arrange for a comrade with a car to take Nonhlanhla and her daughter to King Edward Hospital.


    Nonhlanhla Cikwayo with her 2 month old daughter Wandile

    This is the second time that a child has been attacked by a rat in Kennedy Road. In January this year a 4 month old baby, Nkosi Cwaka was killed by a rat. On 27 April 2008 Abahlali baseMjondolo held the third annual UnFreedom Day event on the site where Nkosi Cwaka was killed by the rat. Bishop Rubin Phillip gave a famous speech calling for justice for the poor.

    The problem of rats its closely linked to the problems with refuse collection. Most settlements still do not have refuse removal. Some of the Councillors, like the notorious Derek Dimba in Pinetown, openly say that shack dwellers are ‘illegal’ and will never get services until we agree to move to the human dumping grounds out of the city. As we said before a person cannot be illegal. As we said before we are struggling for land and housing in the cities and for services like electricity, water, toilets and refuse removal in the settlements while we wait for housing.

    There has been refuse removal at the Kennedy Road settlement since the big Clean Up Campaign organised by the Kennedy Road Development Committee and the DSW has provided a skip for rubbish to be safely stored before collection. But access for the refuse trucks remains a problem and we need a road that goes right down inside the settlement so that all the rubbish can be picked up.

    Abahlali is calling for proper refuse collection in all shack settlements now and for an end to the attempts to use service delivery to try and persuade people to accept forced removals. Rats and fires should not be the price of city life for the poor. We are calling for cities for all. Cities in which no one is illegal because they are poor or because they were born in another country.

    For more information and for comment please contact Lungi Mgube on 0833305392 or Phumza Grangxa on 0732743666.

    Update: 23 July 2008 Click here to read a short article in The Mercury on the plague of rats, here to read an article in The Sowetan that, unfortunately, only gets the views of City officials…., here for a follow up in the Daily News on 28 July that does the same….and here for an article in the Sunday Tribune on 3 August 2008 that takes the views of the community’s elected leadership seriously.

    Featured post

    Kennedy Road Fire: Update & Recent Press


    The 14 July 2008 Kennedy Road Fire, picture taken on a cellphone by Matt Birkinshaw

    Abahlali baseMjondolo very much appreciates the fact that these days, after years of struggle, the fire department and the media come to shack fires. The service from the fire department is now very good and the media treat us with respect when they come and talk to us and they write about us like we are people. But we remain concerned that the focus of the media is so often on the accident that caused the fire. It is important to remember that the reason why a small accident in a shack can easily mean that hundreds of families will lose their homes while a small accident in a house is just a small accident is because:

    1. Since 2002 the eThekwini has refused to electrify shacks forcing people to rely on dangerous sources of heat and lighting like candles, fires and paraffin stoves.
    2. The eThekwini Municipality has failed to provide housing for its people while recklessly and irresponsibly wasting money on stadiums and themeparks and the AI Grand Prix, 2010 etc.

    We are also concerned about the behaviour of the councillors and other officials. They are everywhere in the media talking about what they will do for us but they are not here with us talking to us and planning our future with us. We would like to remind everyone that we fired our councillor in 2005 and that since then we have spoken for ourselves. Some of the officials are saying that the people must not rebuild and will be moved into a transit camp tomorrow. Others have said that the council will provide building materials so that the people can rebuild their homes themselves. Abahlali rejects transit camps as a new form of oppression. PEOPLE NEED DECENT HOUSING IN THE CITIES AND PROPER SERVICES IN THE SETTLEMENTS WHILE THEY WAIT AND NOT TRANSIT CAMPS WHICH ARE JUST A NEW FORM OF OPPRESSION.

    Abahlali has negotiated for the people who lost their homes in the fire to get independent access to building materials and the people have been building all day and will build all night. By tomorrow we will have rebuilt the part of the settlement that was devastated by fire ON OUR OWN AND WITH OUR OWN BUILDING MATERIALS. Abahlali is also cooking big pots of food for the people working to rebuild and their children.

    For comment or to offer support to the families that have lost everything please contact the chair of the Kennedy Road Development Committee and Deputy President of Abahlali baseMjondolo Mashumi Figlan who is currently working on the rebuilding at 0795843995.

    Click here for information on previous fires in Kennedy Road and other Abahlali settlements, here for Bishop Rubin Phillip’s 2008 UnFreedom Day Speech calling on the eThekwini Municipality to electrify the shacks and here for pictures of the rebuilding.

    Media Updates: Click here for a follow up article Mercury on 16 July, here for another rant by Lennox Mabaso in the Daily News on 18 July and here for the Daily News on 21 July on their surprise at finding that an English activist was also caught in the fire.

    http://www.dailynews.co.za/index.php?fArticleId=4507599
    The Daily News
    ‘MEC all talk, no show’
    Burned out shack dwellers angry at lack of delivery

    July 15, 2008 Edition 1
    RIVONIA NAIDU and MPUME MADLALA

    The ANC government has failed the people who have put them in power.
    This is the sentiment of hundreds of shack dwellers in the Kennedy Road informal settlement in Clare Estate whose homes went up in flames early yesterday morning.

    Black smoke billowed into the sky, drifting across Durban, and could be seen kilometres away as some 80 shacks burned to the ground, leaving around 200 people homeless.

    While rebuilding their homes, residents said they were disappointed with KwaZulu-Natal housing MEC, Mike Mabuyakhulu, and that his promises to build homes “proved he was all talk and no show”.

    Mabuyakhulu’s spokesman, Lennox Mabaso, said the department would do everything in its power to assist with emergency essentials for those affected by the fire.

    “With regards to houses, we will use our available resources to upscale housing delivery in the province, and we will make sure these people are assisted,” he said.

    In this year alone, there have been five fires at the settlement, and residents say they are tired of asking government to help them when “government isn’t interested in them”.

    “This settlement has been here for about 30 years now. How long do some of us have to wait before we get proper houses … how many people, and children have to die,” said one of the residents who spoke on condition of anonymity.
    Dazed and confused residents watched in horror yesterday as firefighters battled the fierce flames.

    Many residents risked their lives by running into their shacks to grab what they could. Some people were still sleeping while others were getting ready for work when the fire broke out.

    Some had already left work and returned home to find they had lost everything and were left with only the clothes they had on.

    It is believed the fire began in Shonaphi Nzulani’s house, when her four-year-old son switched on the paraffin stove. Nzulani and her sons were at a neighbour’s house when they became aware of the fire.
    They are now being kept in a safe-house after angry residents tried to attack Nzulani.

    Andile Dlungwane said it was the third time this year that his home had been burned, and he had lost everything.

    “It’s devastating to see everything I have go up in flames. I don’t have a job and so I don’t have much, and this is painful. Everything is gone, my ID, my clothes … what I’m wearing now is all I have,” he said.

    KZN Shack Dwellers’ Association (Abahlali baseMjondolo) president S’bu Zikode said: “The Housing MEC has failed his people. And while they keep saying they are building houses for us, I believe they have no plan.” Zikode said this fire was not an isolated one, and described the lives of shack dwellers as “inhumane”.

    “The way we are treated is really worrying.

    Services

    If government does not provide us with homes, then they need to provide us with basic services such as water, electricity and toilets.

    “For example, in this settlement, there are five water pipes to cater for about 8 000 people. How can people live like that?” he asked.

    He said many lives would be saved if they were provided with electricity, “which is cheaper than paraffin”.

    In past years, the Kennedy Road settlement has been plagued by fires that have left many people dead and hundreds homeless.

    Apart from the five fires this year, in November last year, a disabled woman was killed after her shack caught alight, and in April last year, a massive fire destroyed 100 shacks and caused the death of two people. In 2005, a one-year-old boy was burned to death.

    http://www.isolezwe.co.za/index.php?fArticleId=4507312

    Isolezwe

    Basale nokusemzimbeni abashelwe imijondolo
    July 15, 2008 Edition 1
    BAWINILE NGCOBO

    IJAMILE impilo kubantu abahlala emijondolo eku-Kennedy Road e-Claire Estate, eThekwini, emuva kokusha kwemijondolo engaphezulu kwekhulu kulandela ukuqubuka komlilo okusolwa ukuthi udalwe ukuqhuma kwesitofu sikapharafini ebesishiywe sivutha komunye wemijondolo. Sekungokwesihlanu le mijondolo isha selokhu kuqale unyaka.

    Amakhulu abantu bakule ndawo asale nobekusemzimbeni kuphela njengoba kushe yonke impahla yabo okukhona nezingubo zokugqoka, omazisi, amakhadi asebhange.
    Iningi labantu abashelwe izindlu zabo bese lisemsebenzini ngesikhathi kuqala umlilo. UNksz Abigail Shange uthe kungene ucingo esevele esemsebenzini okude buduze nale mijondolo limtshela ukuthi akaphuthume ngoba kuyasha.
    “Angibange ngisafica lutho, ngiphelele njengoba nginje,” kusho uNksz Shange echiphiza.

    Omunye wabahlali oshelwe yikho konke uNksz Khanyisile Ncobela otshele Isolezwe ukuthi uthe uyazama ukuthuthela endlini encane ebiseduze ezinye izimpahla zakhe ngoba ebona umlilo ungakafiki ngakhona, umlilo wamane weza ngamandla washisa yonke into.

    “Angazi into engizoyithini le njengoba sengishelwe ngisho umazisi. Ngisho umuntu obengivakashele ushelwe umazisi kanye nezincwadi zokushayela,” kuchaza uNksz Ncobela.

    Uqhube wathi imizamo yabo yokunqanda umlilo usaqala iphelele emoyeni njengoba ubuhamba ngamandla.

    “Emva kokuzwa ukuthi kuyasha sizame ukucisha, sithela amanzi kodwa kube ngathi siwuqhubezela phambili,” kusho uNksz Ncobela.

    Ngesikhathi izintatheli zaleliphephanda zifika umlilo ubusavutha, intuthu ikuhila uzimele kude. Abantu bebegijima phakathi nomlilo bezama ukuhlenga izimpahla zabo.

    Abanye bebegane unwabu befuna ukubamba ngezandla umnikazi womjondolo okuqale kuwo umlilo ngoba bemsola ngobudedengu.

    Umnikazi walo mjondolo uNksz Shonaphi Zulani uthe akazi ukuthi umlilo uqale kanjani njengoba yena ubehambile eye endlini kadadewabo ekhona kule ndawo.
    “Isitofu besicishiwe ngenkathi ngihamba ngoba ngisho nengane yami eneminyaka emithathu bengiyishiye ibukela i-TV kamakhelwane. Kungenzeka ukuthi ibuyelile endlini yalayitha isitofu,” kusho uNksz Zulani.

    Ikhansela lendawo, uMnuz Yacoob Baig, lithe kuyakhathaza ukusha kwemijondolo kule ndawo ngoba kubukeka kuyinto eseyenzeka njalo.

    “Kwenzeka lokhu nje ngesonto eledlule kade ngiyozikhalela kumasipala ngenhlalo yabantu bakule ndawo, ngicela ukuthi bathuthelwe endaweni engcono ngokushesha. Ngizoba nomhlangano nabaphathi wophiko lwezindlu kumasipala namuhla ngalolu daba,” kuchaza u-Baig.

    Okhulumela abezinhlekelele eThekwini, uMnuz Lungisa Manzi, uthe bazosiza abashelwe imijondolo ngamatende esikhashana nezingubo zokulala.

    http://www.themercury.co.za/index.php?fArticleId=4507058
    The Mercury

    Kennedy Road settlement fire leaves 200 homeless
    July 15, 2008 Edition 1
    GUGU MBONAMBI & NOMPUMELELO MAGWAZA

    The eThekwini Municipality will supply blankets, tents and a mobile kitchen to scores of people left destitute after fire gutted 80 shacks at the Kennedy Road informal settlement in Clare Estate, Durban, yesterday morning.
    The fire left about 200 people homeless, and schoolchildren without books and uniforms.

    Ward councillor Yacoob Baig said: “Temporary help has been provided for those affected by the fire, and local schools have been notified that children affected have lost their books and school uniforms.”

    Baig said the municipality was working with NGOs and the private sector to get sponsors to help with school uniforms.

    According to S’bu Zikode, president of Abahlali Basemjondolo (shack dwellers’ movement), this was the fifth fire at the settlement since the beginning of the year.

    “Help from the disaster management office is appreciated, but we still call upon the municipality to build houses.

    “We cannot have the municipality coming here only when we have such disasters,” he said.

    The eThekwini fire department’s division commander, Alfred Newman, said that the fire had started at about 8am.

    A paraffin stove left unattended is suspected to have caused the fire. There were no injuries or fatalities reported in the incident.

    Many people lost all their belongings in the fire, including their identity documents and money.

    Khanyisile Ncobela said: “We tried to put the fire out, but it was too vigorous. I have never seen anything like this before.”

    Baig said the municipality was offering material to displaced people to reconstruct their shacks. Disaster management head Lungisa Manzi said that short-term relief such as food and blankets had been provided, and arrangements were being made to link the people who lost their documents with the home affairs department.

    http://www.thetimes.co.za/News/Article.aspx?id=801606
    Municipality to help rebuild shacks
    Nivashni Nair
    July 15, 2008

    Eighty shacks destroyed in a fire at an informal settlement in Durban are expected to be rebuilt today with materials supplied by the eThekwini municipality.

    A few hours after the blaze gutted the Kennedy Road shacks near the Durban CBD, a bulldozer was commissioned to level the ground so the new structures could be constructed.

    It is believed that a paraffin stove caused the fire, which has left about 300 people homeless.

    No one was injured.

    “The homeless will be accommodated in two tents and a local community hall. We have distributed blankets, food supplies and have supplied corrugated iron and timber to rebuild the homes,” said Lungisa Manzi, the municipal head of disaster management.

    Manzi said the identity documents and grant papers of many residents were destroyed in the fire.

    The municipality will appeal to the department of home affairs to assist with issuing new documents as soon as possible.

    Local councillor Yacoob Baig told The Times that clean-up operations were under way and that hot meals were being provided for residents.

    “There is a lot of rubble from the fire that has to be moved, so the bulldozer has been operating in the area since the fire was put out. We have spoken to food suppliers who are willing to donate food. At this stage, a hot meal and shelter are being provided,” he said.

    The Kennedy Road informal settlement made headlines in 2006 when residents clashed with police during a protest against living conditions.
    A child died in the settlement after being bitten by a rat.

    The week-long clash intensified when police used rubber bullets to disperse a crowd protesting against the arrests of the local president and vice-president of the shack-dwellers’ organisation, Abahlali baseMjondolo.

    In the past residents have boycotted municipal elections and accused the municipality of ignoring their plight.

    http://www.dailynews.co.za/index.php?fArticleId=4506205

    Blaze guts 80 homes
    Settlement fire leaves 200 homeless

    July 14, 2008 Edition 3
    MPUME MADLALA

    SCORES of shacks went up in flames in the Kennedy Road informal settlement in Clare Estate this morning, as firefighters battled to bring the blaze under control.

    Black smoke billowed into the sky, drifting across Durban, and could be seen kilometres away.

    By 10am, firefighters had doused most of the flames and had managed to contain the fire to a corner of the settlement.

    eThekwini fire department divisional commander Alfred Newman said: “Between 60 and 80 shacks were totally gutted in the fire. There were no injuries or fatalities.”

    About 200 people are believed to be homeless and Newman said the disaster management team would be helping them.

    Shonaphi Nzulani and her four-year-old son were lucky to escape the flames.
    She said the fire could have started in her dwelling.

    “I switched off my paraffin stove, but I think my son switched it on again.
    “I was at my sister’s house when I saw the shack go up in flames,” she said.
    Nzulani said she tried to run back to save her valuables but she was stopped by an explosion. Her son was not hurt.

    Dazed and confused residents watched in horror as firefighters tried to control the fierce flames.

    Many residents risked their lives by running into their shacks to grab what they could. Some people were still sleeping while others were getting ready for work when the fire broke out.

    Firefighters said they were confident they would be able to extinguish the fire soon.

    Damage
    Terry Goulding, the loss control officer for the fire department, said the fire caused huge damage: “Part of the settlement could not be saved and we will try to get blankets to those who have lost their homes,” he said.
    Sanwell Nsingo, a spokesman for the shack dwellers’ movement, said they were tired of seeing their shacks go up in flames. “We don’t want temporary houses, we want a permanent solution.”

    Firefighters were also kept busy at another location by a fire in Queen Mary Avenue near the University of KwaZulu-Natal’s Howard College Campus early this morning.

    Some firefighters who were at the house fire had to rush across to Kennedy Road.
    An officer at the Metro Police control room said the Glenmore fire was contained and there were no injuries.

    The Kennedy Road settlement has been plagued by fires that have left many people dead and hundreds homeless. In November last year, a disabled woman was killed after her shack caught alight in a fire believed to have been caused by a candle that was knocked over.

    In April last year a massive fire destroyed 100 shacks and caused the death of two people. Police also believed the fire started after a candle fell over.
    In 2005, a one-year-old boy was burned to death. The cause again was a candle. The blaze also destroyed 16 neighbouring shacks.

    Residents have been locked in battle with the eThekwini municipality, demanding the supply of water and electricity.

    Featured post

    Abahlali baseMjondolo: ‘a home for all’

    Update: Click here to read an article on the launch in the Sowetan, here to read an article in City Vision and here for some pictures.

    Abahlali baseMjondolo: ‘a home for all’
    QQ Section Press Statement and AGM Invitation
    For Immediate Release – 2nd July, 2008


    The Community Creche & AbM Office, QQ, Khayelitsha, Cape Town

    Event: QQ Section Annual General Meeting
    Date: 5 July, 2008
    Time: 12h00-16h00
    Venue: QQ Section Community Crèche
    RSVP and directions: 073-256-2036

    At 12h00 on Saturday, 5th of July, 2008, the abahlali of QQ Section in Khayelitsha will hold an Annual General Meeting to approve the launch of Abahlali baseMjondolo of the Western Cape. The event will be held at the new QQ Community Crèche that was built and funded by abahlali.

    QQ Section residents have been living under appalling conditions for more than 20 years. Even the advent of our so-called democracy has been meaningless to abahlali (residents) of QQ. For us, all the rights to basic services, land, and safety which are stipulated in our country’s constitution, signify a democracy on paper but not in our everyday lives. In QQ Section, we are 620 families who have no access to electricity, no toilets except a nearby field, no sanitation system, and only 8 water taps to share between over 3,000 abahlali.

    But because we have been ignored for too long, QQ Section will soon vote to officially join Abahlali baseMjondolo (the South African Shackdwellers Movement). The purpose of joining AbM, a movement that began in the Durban jondolos, is to ensure that all the rights of people living in informal settlements are being recognised, respected, and listened to by those in positions of authority (the government, NGOs, and the private sector). In short, AbM exists to ensure that no one but ourselves speak for ourselves and no one but ourselves govern ourselves.

    An additional aim of this shackdweller’s movement is to build relationships between informal settlements and to explore alternatives to the current developmental approach to government. We will appose the forced removals of our communities and top-down housing policies of government officials.

    Abahlali baseMjondolo, which has been working with QQ Section for four years now, was originally launched in 2004 from Kennedy Road in Durban, has now become one of the leading social movements in the country. AbM is not a political party and does not have any working relationship or affiliation with any political party or vanguard organisation.

    For this landmark event, representatives from Abahlali baseMjondolo will be coming all the way from Durban to support residents. Other social movements such as AbM’s alliance partner, the Anti-Eviction Campaign, will be attending and bringing the support of their respective communities.

    The Mayor Helen Zille has been invited to attend along with the local ward councillor and housing MEC Richard Dyantyi. Their authority to speak for the poor will be challenged by abahlali. Also, all government officials who attend will be handed memorandums about the issues affecting our community. Dan Plato, Mayoral Committee Member for Housing has been asked to engage on the following issues raised by abahlali:

    1. Relocation of QQ Section residents
    2. Time-lines regarding housing issues
    3. Declaring QQ Section as ‘in-situ upgradeable’
    4. The city’s immediate intervention plans for this years winter floods

    In addition to government officials, a number of NGOs, academics and well-wishers will be invited to attend, listen to and learn from abahlali. They will not be permitted to speak; the AGM is a space for the community to speak and teach. In the next few months, QQ Section is planning on building more crèches, youth centres and toilets to improve the lives of residents. For this purpose, the community requests that each individual whose attendance is accepted, make a donation to the community as well as bring along one of their favourite books to help us with our new community library.

    For further details, directions and donation instructions, please contact Mzonke Poni, QQ Section Community Committee Chairperson @ 073-256-2036

    For more information on QQ Section, click here.

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
    www.antieviction.org.za
    -~———-~—-~—-~—-~——~—-~——~–~—aye

    Featured post

    AEC: Police Intimidate/Assault Delft-Symphony Pavement Dwellers

    Anti-Eviction Campaign Press Statement
    Sunday 29th June, 2008
    Police Intimidate/Assault Delft-Symphony Pavement Dwellers


    AEC v SAPS

    Delft-Symphony — Last night, three police vans pulled up to Symphony Way dressed in riot gear. Without warning, they began pepper spraying people in the settlement and attempted to arrest an older resident named Auntie Tilla. When it was all over, the road’s pastor had been assaulted, beaten and abducted and five residents had been pepper sprayed multiple times. An American journalist had also been sprayed merely for taking photographs of police officers. The Anti-Eviction Campaign believes this intimidation and violence is uncalled for and condemns such cowardly actions by police. As of today, residents and the American journalist have laid charges of assault against Superintendent Van Wyk and the police under his command. Pavement Dwellers call on police to work with them to protect them from speeding drunk drivers rather than against them.

    The incident began in the late afternoon when a drunk (on-duty) police officer from the Delft police department arrived at the Symphony Way pavement settlement and began to harass residents. Auntie Tilla, a loved and respected elder in the community, was bothered by the officer’s actions and attempted to make a citizen’s arrest for public violence and consumption of alcohol while on-duty. However, after bothering residents, the cop jumped into his car and sped away.

    An hour later, a caravan of 3 police vans with over 15 officers arrived in front of Auntie Tilla’s shack and began threatening residents and seeking to arrest them. American journalist, Toussaint Losier likened the police operation to “cowboys jumping out of their vans looking for a fight. Without their name-tags on they had the clear intention of intimidating and assaulting residents”. But residents banded together trying to protect Auntie Tilla from being arrested. As a response, Van Wyk ordered police to pepper spray residents.

    Brother Alfred Arnolds, a respected pastor who lives on the road with residents, was sprayed, assaulted, beaten by police and then thrown unconscious into one of the vans. He describes the event as follows: “When they came back it was like they were going to shoot some kind of movie. The way they came at Auntie Tilla and Etienne, I had to intervene…As you can see, this government has no sympathy for us. That is why we are living in these conditions”. Arnolds claims that after he awoke at the police station, he was kicked and beaten again, striped of 150 Rand, and then left injured in from of the station.

    Toussaint Losier, a student from the university of Chicago as well as a journalist for the Boston Banner, was was taking pictures of the incident when Superintendent Van Wyk came and pushed the camera out of the way threatening: “you can’t take pictures of police officers conducting their operations…[and added] you shouldn’t be supporting the people on Symphony Way”. Knowing he was protected by South Africa’s constitution, Toussaint identified himself as a journalist and took a picture of an officer shoving a resident. Immediately afterwards, a police officer came right up to him and sprayed him directly in the eyes.

    Twenty minutes after the police had abducted Pastor Arnolds, residents marched to the Delft police station where where they were ignored and laughed at by detectives and other policemen. Residents then went all the way to Bellville Police Station where they laid the charges of assault against Superintendent Van Wyk and called for the arrest of the special operations gang of Delft police who were under his command at the time.

    While residents wait, hoping the law might finally be on their side, Tilla offered others a bit of perspective on the incident: “Why are they making us live like this when there are empty houses right here [across the road]. They think we are animals, but we are not animals. We know our rights!”

    In reality, this unwarranted brutality by Delft police officers is merely part of a larger campaign by provincial and city government to vilify, intimidate and control the families who have nowhere else to go. Residents refuse to leave the road until they are given the houses that have been promised to them for decades. They know that if they leave Symphony Way, they will be swept under the rug, forgotten and stuck in a ‘temporary’ shacks for another ten years. But because they choose to protest and not be silent, they are bearing the brunt of this oppressive government and violent police gangs.

    For comment, contact Ashraf at 076-186-1408. He can connect you to the witnesses and victims of the crime.

    For photographs of the incident, click here or email us at wcantievictioncampaign@gmail.com

    –~–~———~–~—-~————~——-~–~—-~
    For more, please visit the website of the Western Cape Anti-Eviction Campaign at:
    http://antieviction.org.za/
    -~———-~—-~—-~—-~——~—-~——~–~—

    Featured post

    Zimbabwe: The Country That Never Was

    The Country That Never Was

    Zimbabwe, ……………..wait before you……………….!

    Excitement gripped me when I was able to go back across the border to visit my family in Zimbabwe. Pleased as I was, I tried to ignore all the media reports on the country’s disregard of acceptable and proper treatment of human beings. Before going home, I braced myself for whatever the hell was to befall me! Imagine going back home to unpredictable situations, disastrous conditions, or even impending death – and when home is Zimbabwe this is no exaggeration. If you have been in South Africa you are immediately suspected of being MDC. Anyway, going home was the only way to please my mum!

    From Johannesburg I boarded a bus directly to Harare, Zimbabwe. I paid 300 Rands for the trip and took at least seven hours to reach the Beitbridge Border Post. The border was highly-congested, with border officials dragging their feet at main checkpoints. My stay there was four hours. Later, the bus had to leave for Harare at around 5 o’clock in the morning. The bus took eight hours to reach Harare.

    My arrival in the capital city was met by a great shock. There was no transport to ferry me to my small city of birth, Marondera. Familiar to my country’s economic woes, I immediately settled on the fuel disaster as the explanation. However, I waited by Fourth Street, just behind Roadport for any transport, and immediately arrived a smoking, dusty, ready-for-scrap Mazda T3500 lorry, and not wanting to miss it, I jostled alongside other stranded commuters onto its back. Along the way the driver demanded Z$500 million, as transport fares. He said this was to enable him to buy fuel.

    As we drove past Ruwa, a small town just outside Harare, the black-marketeers of fuel waved down the driver. It was a clear signal that only Zimbabwe could run dry, but never the black-marketeers. Immediately, the driver parked by the roadside, but was told to restart and get fuelled in a small patch of thick bush, obviously to be hidden away from the raging battalion of the army or police. He complied. I tried to get as close to the black-marketeer as I could to grasp details of his conversation with the driver, but had to gather the two were arguing over the exact price of the ‘precious liquid’. It seemed the young man was attempting to refuel the lorry before settling on the actual price.

    When I arrived in the newly-crowned city of Marondera[formerly a town, and recently given a city status], I just slept overnight, eager to catch the morning bus to my mother’s plot, that she was allocated by the ruling Zanu-PF party. The house in Marondera belongs to my grandfather, my mother’s stepfather. Currently, the four-bedroomed tiny property is home to my mother’s sister, together with her three children. Her first-born is a boy, who has two younger sisters as well. The next morning I took a lift to the Baker Plots that were grabbed from a Mr. Baker, a white farmer. Mr. Baker is one of the 4 000 white farmers whose farms were forcibly grabbed by the ruling government in 1997, under the influence of the late and former Zimbabwe National Liberation War Veterans’ Association leader, Chenjerai Hunzvi.

    I paid Z$200 million from Marondera to Baker’s. Initially, the driver of the small, out-of-date obsolete Datsun Pulsar had asked for Z$300 million, arguing that the exchange rate of the ZimDollar Versus the South African Rand was unpredictable, thus the need to cater for the unexpected devaluation of the dollar. True to his utterances, and as I had to experience for myself during my short stay in Zimbabwe, the Z$ keeps falling on an hourly basis. To stay on the safe side, one has to keep a close and tight guard on the ‘now indispensable’ Tito Mboweni product.

    As I reached the place, I was greeted by a commotion of chants of slogans and shouts, by ruling party youths at the local shopping centre. Then there was another shocking horror, the shelves in one of the stores were the emptiest and grubbiest in the whole world! Immediately, I rushed for my mother’s plot, and when she saw me, she burst into tears, wondering how on earth God had spared me from the ‘Xenophobia Attacks’. We hugged and kissed, and I told her, ‘Give thanks to Abahlali baseMjondolo‘, to which she, who has never lived in a shack, responded curtly, ‘Who the hell’s that?!’ I mumbled to answer her as I felt I would shock her in my struggle for land and housing as an ‘Umhlali.’

    When we were seated, I began by narrating how good Abahlali had been to me and told her all about the red T-shirts – at the same time pulling out the colours with pride, and showcasing the movement logo, all to her surprise. ‘That’s politics, my son!’, worried my mother. I continued with the different marches that I had been part of, the camp meetings, the regular fortnightly meetings, office work, drinking and eating in the same plate with the President of Abahlali. I wondered if the same could be done with the ailing and wilting Bob. I wondered at the ease by which I was proud to wear the Abahlali red. I wondered how difficult and burdening it must be to have to wear the old dictator’s picture on a shirt. Free at last, ain’t I?

    The one and only cock at our roots was made to suffer the consequences of my return , as is the African custom. It had to be sacrificed for my arrival. How good the meal was, as my sister’s authority and expertise over the rural pots proved itself! No spices, just the boiled chicken and a few grains of salt. Of course no cooking oil or any fatty additives whatsoever these days. But the meal was perfect.

    The next day mother forced me to wear the ZANU-PF T-Shirt and to attend an everyday compulsory ZANU-PF meeting. She was very worried that I would be under suspicion after having been away. When we arrived at the meeting place I heard war veterans boasting that they had just acquired knew knobkerries to beat those who had absconded from the previous day’s meeting. At first I thought it was a joke, but was shocked to see a young man being dragged in front of everyone, and thereafter being severely beaten. A certain headman was also being accused of defecting to the opposition MDC. He however managed to save his skin because of his ill-health, otherwise he would have received the canning. But others have been ironed on their backs until they admit to being MDC and promise that they have seen the errors of their ways and that they will be loyal to ZANU-PF.

    When I was to return, mother wrote a letter to the President of Abahlali, stating how grateful she was for my good upkeep. She further narrated how difficult it was to survive, mentioning the billions of ZimDollars-for-nothing needed to survive on a daily basis. To this day, I feel pity for her.

    When I got to Beitbridge for my intended journey into South Africa, I overhead some youths openly debating on who the richest man in Zimbabwe was. All the tycoons and bigwigs mentioned in that debate are Zanu-PF loyalists. One talkative youth even got to the extent of boasting about Phillip Chiyangwa, nephew of Robert Mugabe and former MP for Chinhoyi West. The youth was saying Chiyangwa’s pair of shoes could cost approximately US$5 000.00. His car could talk, he had a machine to wash his teeth, six wardrobes of shoes – from his Bulawayo-based G & D Shoes Engineering, twenty wardrobes of suits and so on. For your own information, the fallen MP was also booted out of the ruling party for allegedly engaging in espionage, selling all the ‘top secrets’ to the then Tony Blair-led government in England.

    My question is; if people spend government resources to enrich themselves, to the extent of living luxurious and flamboyant lives, whilst 90% of the population are suffering, even starving, what is the motive behind this? If a pair of shoes is worth a life, how come the leadership is failing to dish out its leftovers or excesses towards the livelihood of the poor? Does ZANU-PF care about ordinary Zimbabweans at all? What other assets are the ruling party cronies hiding throughout the world? We are told that there is a struggle between Zimbabwe and England but it feels like a struggle between the rich and the poor in Zimbabwe.

    As the events further unfolded, some MDC youths arrived at the Beitbridge Rank, not knowing about the worse to come. Within ten minutes of their arrival, the police began chasing them away, accusing them of serving a puppet leader, and warning them of arrests. The opposition youths could do nothing but listen to Mugabe’s bees. Immediately, an old, forget-my-past Mazda 323 dragged itself towards the rank and out came the ugliest face I have ever seen, wailing a loudhailer that ‘Operation Mirai Zvakanaka’ was to start in ten minutes time, therefore every street-trader, and all the ladies by the vegetable market, should ‘shut down’ and attend an urgent meeting. ‘Operation Mirai Zvakanaka’ means ‘Operation Get Rightly Sorted Out’, literally, ‘Operation Know Your One and Only ZANU-PF Party.’ In Abahlali we come to a meeting with all our different ideas and experiences and discuss things together until we see a way forward together. We are free. In Zimbabwe ZANU-PF tells you want to think. If you don’t say publicly that think what you have been told to think you will be beaten, sometimes even killed.

    After the ten minutes were over, the meeting was held, with youths ‘sorting-out’ everybody who they had seen walking around, without attending the urgent call. I felt pity for Morgan Tsvangirai and his colleagues. Surely, this wasn’t an atmosphere for free and fair elections. Surely, this wasn’t an atmosphere for people with their own ideas to be safe. There is no freedom here.

    The army is also brutalizing the people, the police have become the opposite of real protectors, and everybody is scared. What will happen to me now that my mother has been Zanufied? How will she fare if the MDC wins the June 27th run-off elections? Will I be made to carry the burden that she put herself in? On the other hand, the 4 000 white farmers, whose farms were grabbed took their case to the SADC Tribunal. The question is: If Uncle Bob retains power, and the farmers win the case on the 20th July, is he[Uncle Bob] going to budge, and immediately trigger a war? If he gives in to the tribunal demands, where is my mother going to go at her current old age, together with my brother and three sisters? Or above all else, shouldn’t I start a political party as soon as possible? A political party that is for land and freedom? A political party based on the full involvement of the poor, the street-traders who have been chased away from their stalls, the shack dwellers whose homes have been destroyed, the people who have been beaten and tortured? A political party in which people like my mother will be able to speak freely and will know that they will not be old and without a place where they can live and look after their children?

    Prepared by: Nsingo Fanuel

    Featured post

    Sekwanele! We are fed up and cold here in the tents

    24 June 2008
    Statement from Abahlali baseMjondolo bakuAsh Road

    Sekwanele! We are fed up and cold here in the tents


    The tented ‘transit camp’ into which some residents of the Ash Road settlement in Pietermartizburg have been forced.

    We see many things planned for us, promised to us, and written about us in the newspapers but there is never our voice – always it is the words and the empty promises and the visions of the politicians, the so-called leaders, and the Municipality. It is not right for outsiders and ‘leaders’ who are not forced to be living in tents in the winter to be the only ones who speak and act. They tell us again and again in different ways the same thing – “be silent, be patient, we are making plans and visions for your future”. For us who are living here, this makes us to see that we are treated as if we are not people. We are human beings and now we are saying No! No more of this disrespect and lying. We are fed up; the time has come for the world to know that we think, we speak, we act. Councillor Green and his family have not been living in the tents. As far as we are concerned he must therefore shut up.

    When the heavy rains fell in January, we were put into these tents on the Tatham sportsground. We were told this was for three months only and we were forbidden to return and rebuild our homes. It is six months later now, and we are still here. It is the middle of winter now, and we are still here. The freezing cold, at night especially, is really killing us – one of our neighbours in the tent has already died from the cold; another one nearly died the other night from smoke from a fire that was lit to try and stop dying from the cold! We have been living so long in these tents that they are now all torn and worn-out. When it rains it is not just freezing cold but leaking so there is water inside too. This week, the municipality has also threatened that they will soon remove the few portable toilets they put here for us to use. Well this will just make our life, which is hard to bear already, even harder and unbearable for us.

    We have no trust in the promises and visions that others make for us. They promise us ‘temporary housing’ in formal tin shacks that they will put somewhere else, and they promise houses and flats (that we do not want) somewhere else that they do not know yet. We can see now that, even if these promises eventually come, they would not be better than the housing we can build for ourselves anyway. We think there is no future for us and our children living in tents or temporary tin houses. For us it will be better to rebuild our jondolos right here on the sportsground and this is what we will do. Our mud shacks give us a better protection from freezing cold and summer’s heat.

    Now it is clear to us that we are the ones who can really make a better life for ourselves – definitely better than tents and empty promises! We, the people who are living in these conditions, are the ones to find a better solution. It is going to be better to leave behind all the politicians, the committees, the officials and so on and we will discuss and plan and act together as the people taking our own issues forward in the way that we decide.

    ENDS

    Contact: as members of Abahlali baseMjondolo we have worked together to write this statement. For reasons of security and intimidation we cannot give individual names but the following telephone numbers can be used to speak to residents from the tents and from the shack settlement: 076 657 5041 or 082 504 7866.

    Annexure: for some background information from an independent housing rights organisation called the Centre for Housing Rights and Evictions (COHRE) please read the attached report on a workshop held by COHRE at the invitation of Abahlali baseMjondolo bakuAsh Road at the Ash Road settlement on the 7th of June this year. It is in PDF in low resolution (and with less pictures) and in high resolution (with more pictures).

    Update: 25 June 2008 The council removed the portable toilets from the tents without explanation last night. And one of the tents burnt down. People have to try and keep warm in the flimsy tents in the cold ‘Maritzburg winter and so there is always a threat of fire.

    Update: 27 June 2008 Dwellers threaten to rebuild mud huts, by Thando Mgaga in The Witness

    Previous links and entries on the Abahlali baseMjondolo site on the Ash Road settlement:

  • Pushed to the Periphery, COHRE report, 2007
  • Mission in an Urbanized Context. The Case of Ash Road Shack Dwellers’ Community Flooded, October 2007
  • Ash Road Settlement Flooded, January 2008
  • More Flooding in Ash Road, February 2008
  • (Apparent)Victory for Ash Road in the struggle against forced removal, March 2008
  • Ash Road: Transit Camp Looms, May 2008
  • Ash Road: Numbers & Crosses, May 2008
  • It [i.e. xenophobic attacks] won’t happen here, say residents of PMB’s Jika Joe The Witness, May 2008
  • Ash Road: Fire, Flood & Forced Removal, June 2008
  • Ash Road Tents, June 2008
  • Featured post

    Court Action Against Intimidation in Motala Heights

    3:03 p.m.
    Wednesday 25 June 2008

    Update: All charges brought against James Pillay by Leon Govender were dropped in the Pinetown Magistrate’s Court today. The Pinetown SAPS now have to account for why they twice arrested James on patently ridiculous charges after assaults and intimidation by Govender’s thugs and, the first time, held him for 47 hours and 45 minutes. The good news is that James and his wife Mallie remain in their house despite Govender’s ongoing attempts since 2005 to have them evicted.


    James Pillay (centre), ‘Meeting of the Poor Against the Rich’, James and Mallie Pillay’s home, 17 November 2007

    1:00 p.m.
    Friday 20 June 2008

    James Pillay has been arrested on an assault charge after Leon Govender entered his yard on Sunday in violation of the court interdict and (in front of 3 witnesses…) to inform James that Ricky Govender wants him out of his house. A young man with a history of violence and an association with a known gangster walks into an old man’s yard with a wheel spanner, beat his son up outside the front door, smashes up the windows of their car and the old man, who never leaves his bedroom during the whole attack, gets arrested for ‘assault’…Welcome to Pinetown, 2008.

    10:54 p.m.
    Sunday 14 June 2008

    Update: Leon Govender, one of the people interdicted against threatening James Pillay, has just attacked James Pillay and his son with a wheel spanner and broken the back window of his car. He told James that ‘Ricky Govender has sent me to tell you to get out of Motala.’ \

    11:42 a.m.
    Friday 13 June 2008

    Update: The Durban High Court awarded interdicts against Ricky Govender and a number of his employees and family members as well as the Station Commander of the Pinetown SAPS and the Minister of Safety & Security. The court papers are here and here. There are newspaper articles here and here.

    5:06 p.m.
    Thursday 12 June 2008

    Court Action Against Intimidation in Motala Heights

    Since the press release (below) was sent out a month ago Ricky Govender & his associates have continued to threaten Abahlali members in Motala Heights.

    Abahlali have discussed this issue in a number of our meetings, as well as with prominent church leaders, and we should soon be in a position to announce a major city wide march on Ricky Govender. Tomorrow we will approach the Durban High Court to seek interdicts against Ricky Govender and a number of his employees and associates from threatening, assaulting or in any way intimidating James Pillay, Gunum Pillay and Mallie Govender who have been singled for particular intimidation by Ricky Govender and his associates since they won an court interdict preventing Govender from unlawfully demolishing their homes. We will also be seeking interdicts against the Station Commander of the Pinetown SAPS and the Minister of Safety & Security compelling them to offer James Pillay, Gunum Pillay and Mallie Govender protection from illegal intimidation by Ricky Govender and his associates.

    The case has been set down on the roll in the Motion Court at the Durban High Court for tomorrow and will probably be heard at around 9:30 a.m. Advocate Juliet Nicholson will represent Abahlali baseMjondolo pro bono.

    For background to this case and contact details for spokespeople please read the press release below.

    Abahlali baseMjondolo Press Release
    Tuesday, 13 May 2008

    Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues

    Gangster Landlord Continues Campaign of Intimidation with the Support of the Pinetown Police; James Pillay arrested on trumped up charges

    The community of Motala Heights, set on the edge of Pinetown between the factories and the hill that runs up to Kloof, dates back to the early years of the last century and has a rich history. For the last three years it has been under sustained and violent attack from a local gangster businessman who seems to be able to direct the local state, including the police and the Municipality’s Housing Department, at will.

    The community is now made up of a wealthy suburb with the big, new mostly face brick houses of the rich in the centre. Behind them are hidden the old tin houses of the poor families and, amongst the gumtrees up on the hill leading up to Kloof, a shack settlement. For some time local businessman and known gangster Ricky Govender has been buying up land and using intimidatory tactics to illegally evict the poor. His attempts to illegally drive out the mostly Indian families from the tin houses, most of whom were born and have lived their whole lives in the community, dates back to at least 2005. He has also been directly implicated in the violent and illegal attempts by the eThekwini Municipality to evict the mostly African shack dwellers which date back to 2006.

    The first attackon the shack settlement was launched over the youth day weekend on 2006. Ward Councillor Derek Dimba arrived at the Motala Heights settlement with municipal officials and 5 car loads of municipal security guards to mark out shacks that would then be destroyed by the highly militarised and clearly, in it terms of its stated purpose and day to day actions, criminal armed wing of the Municipality – its notorious Land Invasions Unit. On the following Monday the then Motala Heights Development Committee (affiliated to Abahlali baseMjondolo) won an urgent meeting with Geoff Nightingale from the the Pinetown office of the eThekwini Municipality. He told them that they would have to accept eviction as “The Municipality won’t build houses in Motala because Ricky Govender wants to develop the area himself”. As people are being evicted from the land on which they were born and grew up Govender is using it to develop factories and private housing projects for the rich.

    On Women’s Day that year Cllr Dimba returned to the settlement with pistol holstered to each hip and flanked by his usual cohort of armed men. He summoned the community to a meeting where he began by gesturing to his weapons and promised to ‘chase away’ named individuals on the democratically elected committee. Dimba is often seen in Govender’s mansion and when he has been told that the poor will not accept forced removal and eviction and want houses to be built in Motala Heights he has often said that “the only person that will build houses in Motala Heights is Ricky Govender” and, in the exact language of apartheid, that the shack dwellers must “go back where they came from”. The Municipality began to evict people from the shack settlement on 28 October 2006 and returned on four occasions to continue the attack. On each occasion the evictions were accompanied by violence. They were carried out without a court order and were therefore illegal and in fact criminal acts. Members of the Land Invasions Unit and the Pinetown SAPS were seen openly eating bunnychows and drinking beer in Ricky Govender’s bar before they came up the hill to demolish the shacks. On 31 October the then Chairperson of the Motala Heights Development Committee, Bheki Ngcobo, presented to the Land Invasions Unit a copy of a lawyers’ letter addressed to Mayor Obed Mlaba and City Manager Mike Sutcliffe instructing them to immediately cease these criminal acts. The Land Invasions Unit responded by pepper spraying Ngcobo at point blank range and viciously kicking him after he fell to the ground. The SAPS then fired shots at the crowd that rushed to support Ngcobo and told Ngcobo that “Ricky Govender is the mayor here.”

    Since then the Pinetown SAPS have on many occasions blatantly refused to open cases against Govender or his staff and have simply referred people with complaints directly to Govender. People have even been told to take problems that have nothing to do with Govender, such as as domestic violence, to Govender. The Pinetown SAPS behave as if they are under Govender’s authority and as if he is above the law. For many years his bar was co-owned with a senior officer in the Pinetown SAPS (he passed away very recently). The Municipality act in the same way. They refer all local complaints and queries, even applications for a trading licence, to Govender as if he has sole and total authority over all aspects of life in Motala Heights.

    The Municipality’s criminal attacks on the shack settlement were eventually stopped on 29 November 2006 when Abahlali baseMjondolo went to court and won a court order interdicting the Municipality from carrying out illegal evictions. Since then there have been various kinds of intimidation and Dimba, most recently on 24 February 2008, has repeated that the poor will have to leave Motala Heights as “only Govender will be building houses here.” However despite all these threats the shack still stand and under the interdict they remain protected from unlawful demolition by the Municipality.

    Govender’s attempt to drive out the residents of the tin houses came to a head in August 2007 when he personally promised to bulldoze the house in which elderly couple James and Gonum Pillay had been living for 25 years. They were subject to all kinds of intimidation including violence from Govender and on 7 October 2007 they went to court and were awarded an interdict preventing Govender from unlawfully evicting them or from intimidating them in anyway or using his employees or associates to intimidate them in any way.

    Since then they have not been evicted but they have been subject to constant intimidation by Govenders’ employees and family members. These intimidatory acts are in clear violation of the law and the interdict. There are witnesses to each of these instances and they have all been carefully recorded. They include threats of violence and arson, a number of instances of violence, insults of the most crude kind, parking a car across the Pillay’s driveway preventing their visitors from leaving, the discovery of 4 petrol bombs with a long fuse placed outside the house and more. The Pillay’s have also been threatened by gangsters from Chatsworth who came to their house, told them to leave, and said that they could do nothing because ‘we are not Ricky’.

    Other Abahlali activists in Motala Heights Heights have also been threatened and assaulted by Govender and his associates including Shamita Naidoo, the Chairperson of the Motala Heights Abahlali baseMjondolo branch and Louisa Motha, the treasurer on the Abahlali baseMjondolo secretariat. Two activists have also received threats of murder and arson via telephone calls from a man claiming to be the nephew of Councillor Derick Dimba. However Dimba has denied responsibility for these calls and it is believe that Govender is behind them. Indian activists have often been warned ‘not to stand with the blacks’ and told that ‘the blacks will be made to go here from here, Ricky doesn’t want them here’. The husbands of women Abahlali members have often been warned and told that ‘they must control their wives’. Govender has also threatened to have local Abahlali members charged with trespassing if they step on to any of his land to meet with his tenants. Moreover Govender has also been openly and illegally dumping huge piles of toxic industrial waste (including asbestos and chemicals) from his factories right outside peoples’ front doors in an attempt to force them out.

    When The Mercury newspaper went to Motala Heights to cover the story on 31 August 2007 photographer Steven Naidoo was personally accosted by Govender and two other men who detained him against his will, took the memory stick out of his camera and threatened to have him killed. The photographer was only released after the armed intervention of the eThekwini Metropolitan Police.

    The ongoing intimidation of the Pillays came to a head on Tuesday last week when Leon Govender arrived at the Pillay’s house with his family and others to threaten them. A teenage girl threw a knife across the fence at Mrs Pillay, an elderly woman, and threatened to assault her. Leon Govender’s brother-in-law, Peter Singarum, had a panga in each hand and threatened to kill James Pillay.

    James Pillay called Bheki Ngcobo, the Deputy Chair of the Motala Heights Abahlali baseMjondolo branch, for help. As Ngcobo arrived at the house Singarum tried to attack him with the pangas. Ngcobo called for further help. A large group of Abahlali members arrived. In response to an attempted attack with a panga a stone was thrown hitting one of the attackers at which point they all fled. That was the extent of the defensive violence and it was not committed by James Pillay.

    However the next day the Pinetown SAPS arrived at the Pillay’s house with Leon Govender and Peter Singarum and informed James Pillay that he would be arrested but could not specify a charge. The police returned the following day and called for Ricky Govender. Shag Govender, a relative and employee of Ricky Govender’s who has been systematically intimidating the Pillay’s since they won the interdict against Ricky Govender, came down instead and told the police that the Pillays had no right to the house and that they must tear it down and leave. He said that the interdict preventing Govender from unlawfully evicting them was ‘just paper’ and that they must go. Officer Viljoen of the SAPS told James Pillay that “You are not the owner of this land. You have disobeyed the landowner. You must break everything down now.” James Pillay was then arrested on charges of assault and malicious damage to property (it was alleged that he had damaged Leon Govender’s car – however there are no visible signs of damage). After his arrest Viljoen told him that “The blacks will be removed from the jondolos one by one what ever you people say. I’ll make your life very difficult.” Although she and the other officer had openly taken direction from Shag Govender she refused to speak to Bheki Ngcobo, the Deputy Chair of Motala Heights Abahlali baseMjondolo branch saying “He has no rights to speak to me.”

    James Pillay was held in the Pinetown police station for 47 hours and 45 minutes without the option of bail on the obviously spurious grounds that bail could not be awarded as they were waiting for witnesses to come forward. His arrest was entirely groundless and a blatant attempt at intimidation on behalf of Ricky Govender. However he was not assaulted while in custody. Abahlali baseMjondolo is currently discussing a strategy to ensure that, at the very least, Ricky Govender is compelled to obey the law and the state is compelled to stop taking orders from Govender as if he is a power above the law. In the meantime:

    1. All the Abahlali baseMjondolo members in the area will stand together to support each other and to try and ensure each other’s safety against Ricky Govender and his thugs in and out of the uniform of the South African Police Services.
    2. Abahlali baseMjondolo will hold Ricky Govender personally responsible should there be any assault on any Abahlali member or if any one’s house is burnt down.
    3. Abahlali baseMjondolo will sue the police for wrongful arrest and malicious prosecution of James Pillay.
    4. Abahlali baseMjondolo will seek the arrest of anyone trying to illegally evict any of its members from a tin house or shack in Motala Heights whether they are in the pay of the state or Ricky Govender or both.

    The Motala Heights Abahlali baseMjondolo branch issues the following demands:

    1. The Pinetown SAPS must explain the nature of its relationship with Ricky Govender and this relationship must be subject to an independent and credible investigation.
    2. The eThekwini Municipality, and in particular the Housing Department, must explain the nature of its relationship with Ricky Govender and this relationship must be subject to an independent and credible investigation. There needs to be particular attention to the decision to evict the poor from their homes in order to allow Govender to develop Motala Heights for his personal profit. Cogi Pather must personally come to Motala Heights and explain to the people what is going on.
    3. All evictions of the poor from Motala Heights must cease immediately and permanently.
    4. The Municipality must make a clear statement on the right of the poor, Indian and African, to live and to be housed in Motala Heights.
    5. Negotiations between Motala Heights Abahlali baseMjondolo and the Municipality must begin with a view to building houses for the poor, Indian and African, in Motala Heights
    6. The Municipality must immediately instruct Ricky Govender to remove the toxic waste that he has dumped outside people’s homes and to cover all medical expenses of people that have fallen ill as a result of the toxic waste.

    There are two incompatible visions for the future of Motala Heights. Ricky Govender, Cllr. Dimba and the eThekwini Housing Department want all of the poor people to be chased out of the area so that it can be developed for the rich. Abahlali baseMjondolo, which represents the poor in Motala Heights, wants housing to be built for the poor in the area. Abahlali baseMjondolo calls on all the churches, trade unions and community organisations to take a clear stand against the anti-poor vision and for the pro-poor vision. As Bishop Rubin Phillip said in his UnFreedom Day speech “For too long our city and our country and our world have put the poor last on the list of concerns. It is time for the last to be first.” Development must be with the poor for the poor – not with the rich against the poor.

    For comment and up to the minute information contact:

    Shamita Naidoo, Chairperson Motala Heights Abahlali baseMjondolo branch 0743157962
    Bheki Bgcobo, Deputy Chairperson Motala Heights Abahlali baseMjondolo branch 0785346007
    Mashumi Figlan, Deputy President, Abahlali baseMjondolo 0795843995
    Mnikelo Ndabankulu, PRO, Abahlali baseMjondolo 0797450653

    For a fuller background to the struggle in Motala Heights including press releases, newspaper articles and photographs visit: http://abahlali.org/node/2377

    Featured post

    The Kennedy Road Settlement is Burning (Again) (& Again) (As is Ash Road)

    Update: Ash Road burned too… On the same night at the second Kennedy fire in two days 20 shacks burnt down in the Ash Road settlement in Pietermaritzburg. The City is, following the Jadhu Place model and the previous misuse of minor flooding in Ash Road, refusing to allow people to rebuild and trying to force them to accept ‘transit camp’ accommodation. The Cities create disaster by refusing to invest in shack settlements and then misuse those disasters to legitimate their agenda to eradicate shacks (i.e. to push the poor out of the cities).

    18:58, 9 June 2008

    More than 30 shacks burnt. The people rendered homeless are on the cold cement in the community hall. Many have lost all their worldly goods. Why are the poor left to burn?

    17:18, 9 June 2008

    Winter is here and Kennedy is burning again for the second consecutive evening. Three homes are already lost. The fire brigade say that they are on the way. Yesterday they arrived within 15 minutes and only 4 homes were lost and no one was hurt. Their support is much appreciated. But the struggle for electrification, and against armed police de-electrification, continues.

    Mashumi Figlan is on the scene: 0795843995

    16:42, 8 June 2008

    Right now the Kennedy Road settlement is, once again, burning.

    In October 2005, Mhlengi Khumalo, a young child was killed in a fire in Kennedy Road. In August 2006, Baba Dhlomo, an old man, was killed by fire in the settlement. In January 2007 the settlement survived a big fire without loss of life but then in April that year two people were lost in another big fire.
    (See http://www.abahlali.org/node/2822)

    In November 2007 Abahlali baseMjondolo marched on Mayor Obed Mlaba demanding electrification to stop the fires. Peaceful protesters were attacked and beaten and 14 were arrested. The City did not reply to the demand for electrification or to a statement by 14 Church leaders protesting the police attack and arrests.
    (See http://www.abahlali.org/node/2508)

    On 15 February this year the police arrived at the Kennedy Road settlement as if they were going to a war. They moved through the settlement removing both lawful and unlawful connections. Abahlali declared that if there was a fire in the settlements after this armed removal of electricity connections the City would be held accountable. Two days later there was a fire.
    (See http://abahlali.org/node/3342)

    In March this year the United Nations Special Rapporteur on Adequate Housing, Miloon Kothari, presented his report on South Africa. It condemned the eThekwini Municipality for failing to electrify the shack settlements despite the regular fires.
    (See http://abahlali.org/node/3390)

    In April this year 1 600 people were left homeless after the Jadhu Place settlement burnt down. They have been prevented from rebuilding their shacks and herded into atrocious single sex ‘transit camp’ accommodation.
    (See http://www.abahlali.org/node/3479)

    On 27 April this year, in his speech at the Abahlali baseMjondolo UnFreedom Day event held in the Kennedy Road settlement, Bishop Rubin Philip said that:

    “I know that this is a difficult time for your movement. I know that last weekend a candle was knocked over in the Jadu Place settlement and two hours later 1 600 people had lost their homes and all their possessions. I know that this year there have already been terrible fires in the Foreman Road settlement and right here in Kennedy Road. It is unacceptable that the poorest people in our cities must live with this plague of fire. Today I am making a strong and clear call to our Municipality, and to the Municipalities of all our cities across the country, for immediate action to stop these fires. The settlements must be electrified, fire hydrants provided and access roads for fire engines built.”
    (See http://www.abahlali.org/node/3489)

    In 1990 the Durban City Council announced and began to implement an ‘Electricity for All’ policy. In 2001, when the Slums Clearance Programme was announced, the policy changed and shack settlements were no longer electrified as they were now considered ‘temporary’. The 2001 policy states:

    “In the past (1990s) electrification was rolled out to all and sundry. Because of the lack of funding and the huge costs required to relocate services when these settlements are upgraded or developed, electrification of the informal settlements has been discontinued.”
    (See
    http://www.abahlali.org/node/3822)

    When challenged the City says that it can no longer afford to electrify shacks. A City administration that can afford BMWs for its leaders, an unnecessary stadium, a loss making themepark and million rand beach parties for its guests can’t afford to electrify the homes of the poor. Can the poor afford to accept the authority of this City?

    When people burn in shack fires they are told that it is their own fault. As if people don’t get drunk in the suburbs, as if people don’t get distracted by a child in the suburbs, as if people do not fall off to sleep in the suburbs on a windy night with a light still on. The difference is that when a lamp is knocked over in the suburbs it just means a broken globe. In the shacks when a candle is knocked over there can easily be a catastrophic fire. And then there are the paraffin stoves that can explode any time no matter how careful people are.

    Let us be clear. The decision to stop the electrification of the shack settlements was and is a decision to let them burn.

    On Friday Philani Zungu was found guilty of connecting his community to electricity unlawfully. It is notable that his settlement, Pemary Ridge, has not burnt. The reality is that in Durban the very poor have to break the law to keep their communities safe. Philani is considered to be a hero in his community. People ensured that he did not pay one cent of his fine. It is the eThekwini Municipality’s policy that is considered criminal.
    (See http://abahlali.org/node/2857)

    Today hundreds of people stood outside in the cold in the eMagwaveni settlement as Abahlali baseMjondolo launched our new branch in Tongaat. There people are routinely arrested and beaten and robbed by the police as they try to remove the unlawful connections. But the arrests and the fines and the beatings and the thieving does not stop people from connection themselves. As bad as all that is it is better than the fires, better too than children doing their homework on the road under the street lights.
    (See http://abahlali.org/node/3490)

    S’bu Zikode is on the scene. His number is 0835470474.

    Update: The City Fire Department was there within 15 minutes. These days, after years of struggle, they provide a good and much appreciated service to shack dwellers. But the struggle for electrification and against violent police de-electrification continues.

    Featured post

    Abahlali baseMjondolo Statement on the Xenophobic Attacks in Johannesburg

    You can also read this statement in isiZulu, Türkçe, Português, Deutsch and Afrikaans

    Wednesday, 21 May 2008
    Abahlali baseMjondolo Press Statement

    Unyawo Alunampumulo

    Abahlali baseMjondolo Statement on the Xenophobic Attacks in Johannesburg

    There is only one human race.

    Our struggle and every real struggle is to put the human being at the centre of society, starting with the worst off.

    An action can be illegal. A person cannot be illegal. A person is a person where ever they may find themselves.

    If you live in a settlement you are from that settlement and you are a neighbour and a comrade in that settlement.

    We condemn the attacks, the beatings, rape and murder, in Johannesburg on people born in other countries. We will fight left and right to ensure that this does not happen here in KwaZulu-Natal.

    We have been warning for years that the anger of the poor can go in many directions. That warning, like our warnings about the rats and the fires and the lack of toilets, the human dumping grounds called relocation sites, the new concentration camps called transit camps and corrupt, cruel, violent and racist police, has gone unheeded.

    Let us be clear. Neither poverty nor oppression justify one poor person turning on another. A poor man who turns on his wife or a poor family that turn on their neighbours must be opposed, stopped and brought to justice. But the reason why this happens in Alex and not Sandton is because people in Alex are suffering and scared for the future of their lives. They are living under the kind of stress that can damage a person. The perpetrators of these attacks must be held responsible but the people who have crowded the poor onto tiny bits of land, threatened their hold on that land with evictions and forced removals, treated them all like criminals, exploited them, repressed their struggles, pushed up the price of food and built too few houses, that are too small and too far away and then corruptly sold them must also be held responsible.

    There are other truths that also need to be faced up to.

    We need to be clear that the Department of Home Affairs does not treat refugees or migrants as human beings. Our members who were born in other countries tell us terrible stories about very long queues that lead only to more queues and then to disrespect, cruelty and corruption. They tell us terrible stories about police who demand bribes, tear up their papers, steal their money and send them to Lindela – a place that is even worse than a transit camp. A place that is not fit for a human being. We know that you can even be sent to Lindela if you were born in South Africa but you look ‘too dark’ to the police or you come from Giyani and so you don’t know the word for elbow in isiZulu.

    We need to be clear that in every relocation all the people without ID books are left homeless. This affects some people born in South Africa but it mostly affects people born in other countries.

    We need to be clear that many politicians, and the police and the media, talk about ‘illegal immigrants’ as if they are all criminals. We know the damage that this does and the pain that this causes. We are also spoken about as if we are all criminals when in fact we suffer the most from crime because we have no gates or guards to protect our homes.

    We need to be clear about the role of the South African government and South African companies in other countries. We need to be clear about NEPAD. We all know what Anglo-American is doing in the Congo and what our government is doing in Zimbabwe. They must also be held responsible.

    We all know that South Africans were welcomed in Zimbabwe and in Zambia, even as far away as England, when they were fleeing the oppression of apartheid. In our own movement we have people who were in exile. We must welcome those who are fleeing oppression now. This obligation is doubled by the fact that our government and big companies here are supporting oppression in other countries.

    People say that people born in other countries are selling mandrax. Oppose mandrax and its sellers but don’t lie to yourself and say that people born in South African do not also sell mandrax or that our police do not take money from mandrax sellers. Fight for a police service that serves the people. Don’t turn your suffering neighbours into enemies.

    People say that people born in other countries are amagundane (rats, meaning scabs). Oppose amagundane but don’t lie to yourself and say that people born in South Africa are not also amagundane. People also say that people born in other countries are willing to work for very little money bringing everyone’s wages down. But we know that people are desperate and struggling to survive everywhere. Fight for strong unions that cover all sectors, even informal work. Don’t turn your suffering neighbours into enemies.

    People say that people born in other countries don’t stand up to struggle and always run away from the police. Oppose cowardice but don’t lie to yourself and say that people born in South Africa are not also cowards. Don’t lie to yourself and pretend that it is the same for someone born here and someone not born here to stand up to the corrupt, violent and racist police. Fight for ID books for your neighbours so that we can all stand together for the rights of the poor. Don’t turn your suffering neighbours into enemies.

    People say that people born in other countries are getting houses by corruption. Oppose corruption but don’t lie to yourself and say that people born in South Africa are not also buying houses from the councillors and officials in the housing department. Fight against corruption. Don’t turn your suffering neighbours into enemies.

    People say that people born in other countries are more successful in love because they don’t have to send money home to rural areas. Oppose a poverty so bad that it even strangles love. Live for a life outside of money by fighting for an income for everyone. Don’t turn your suffering neighbours into enemies.

    People say that there are too many sellers on the streets and that the ones from outside must go. We need to ask ourselves why only a few companies can own so many big shops, why the police harass and steal from street traders and why the traders are being driven out of the cities. The poor man cutting hair and the poor woman selling fruit are not our enemies. Don’t turn your suffering neighbours into enemies.

    We all know that if this thing is not stopped a war against the Mozambicans will become a war against all the amaShangaan. A war against the Zimbabweans will become a war against the amaShona that will become a war against the amaVenda. Then people will be asking why the amaXhosa are in Durban, why the Chinese and Pakistanis are here. If this thing is not stopped what will happen to a place like Clare Estate where the people are amaXhosa, amaMpondo, amaZulu and abeSuthu; Indian and African; Muslim, Hindu and Christian; born in South Africa, Mozambique, Zimbabwe, Malawai, Pakistan, Namibia, the Congo and India?

    Yesterday we heard that this thing started in Warwick and in the City centre. We heard that traders had their goods stolen and that people were being checked for their complexion, a man from Ntuzuma was stopped and assaulted for being ‘too black’. Tensions are high in the City centre. Last night people were running in the streets in Umbilo looking for ‘amakwerkwere’. People in the tall flats were shouting down to them saying ‘There are Congolese here, come up!” This thing has started in Durban. We don’t know what will happen tonight.

    We will do everything that we can to make sure that it goes no further and that it does not come to the settlements. We have already decided on the following actions:

    1. We will resuscitate our relations with the street traders’ organisations and meet to discuss this thing with them and stay in day to day contact with them.
    2. We have made contact with refugee organisations and will stay in day to day contact with them. We will invite them to all our meetings and events.
    3. We have made contact with senior police officers who we can trust, who are not corrupt and who wish to serve the people. They have given us their cell numbers and have promised to work with us to stop this thing immediately if it starts in Durban. We will ask all our people to watch for this thing and if it happens we’ll be able to contact the police that we can trust immediately. They have promised to come straight away.
    4. We will put this threat on the agenda of all of our meetings and events.
    5. We will discuss this in every branch and in every settlement in our movement.
    6. We will discuss this with our allied movements like the Western Cape Anti-Eviction Campaign and the Landless People’s Movement so that we can develop a national strategy.
    7. In the coming days our members are travelling to the Northern Cape, the North West, Johannesburg and Cape Town to meet shack dwellers struggling against forced removal, corruption and lack of services. In each of these meetings we will discuss this issue.
    8. We are asking all radio stations to make space for us and others to discuss this issue.
    9. In the past we have not put our members born in other countries to the front because we were scared that the police would send them to Lindela. From now on we will put our members born in other countries in the front, but not with their full names because we still cannot trust all the police.
    10. If the need arises here we will ask all our members to defend and shelter their comrades from other countries.

    We hear that the political analysts are saying that the poor must be educated about xenophobia. Always the solution is to ‘educate the poor’. When we get cholera we must be educated about washing our hands when in fact we need clear water. When we get burnt we must be educated about fire when in fact we need electricity. This is just a way of blaming the poor for our suffering. We want land and housing in the cities, we want to go to university, we want water and electricity – we don’t want to be educated to be good at surviving poverty on our own. The solution is not to educate the poor about xenophobia. The solution is to give the poor what they need to survive so that it becomes easier to be welcoming and generous. The solution is to stop the xenophobia at all levels of our society. Arrest the poor man who has become a murderer. But also arrest the corrupt policeman and the corrupt officials in Home Affairs. Close down Lindela and apologise for the suffering it has caused. Give papers to all the people sheltering in the police stations in Johannesburg.

    It is time to ask serious questions about why it is that money and rich people can move freely around the world while everywhere the poor must confront razor wire, corrupt and violent police, queues and relocation or deportation. In South Africa some of us are moved out of the cities to rural human dumping grounds called relocation sites while others are moved all the way out of the country. Some of us are taken to transit camps and some of us are taken to Lindela. The destinations might be different but it is the same kind of oppression. Let us all educate ourselves on these questions so that we can all take action.

    We want, with humility, to suggest that the people in Jo’burg move beyond making statements condemning these attacks. We suggest, with humility, that now that we are in this terrible crisis we need a living solidarity, a solidarity in action. It is time for each community and family to take in the refugees from this violence. They cannot be left in the police stations where they risk deportation. It is time for the church leaders and the political leaders and the trade union leaders to be with and live with the comrades born in other countries every day until this danger passes. Here in Durban our comrades stand with us when the Land Invasions Unit comes to evict us or the police come to beat us. Even the priests are beaten. Now we must all stand with our comrades when their neighbours come to attack them. If this happens in the settlements here in Durban this is what we must do and what we will do.

    We make the following demands to the government of South Africa:

    1. Close down Lindela today. Set the people free.
    2. Announce, today, that there will be papers for every person sheltering in your police stations.
    3. Ban the sale of land in the cities until all the people are housed.
    4. Stop all evictions and forced removals immediately.
    5. Do not build one more golf course estate until everyone has a house.
    6. Support the people of Zimbabwe, not an oppressive government that destroys the homes of the poor and uses rape and torture to control opposition.
    7. Arrest all corrupt people working in the police and Home Affairs.
    8. Announce, today, a summit between all refugee organisations and the police and Home Affairs to plan how they can be changed radically so that they begin to serve all the people living in South Africa.

    For further information or comment please contact:

    S’bu Zikode: 0835470474
    Zodwa Nsibande: 0828302707
    Mnikelo Ndabankulu: 0797450653
    Mashumi Figlan: 0795843995
    Senzo (surname not given, he has no papers): 031 2691822

    Featured post

    Housing and Evictions at the N2 Gateway Project in Delft

    Housing and Evictions at the N2 Gateway Project in Delft
    A Report for Abahlali baseMjondolo
    Kerry Chance
    May 8, 2008


    Anti-Eviction Campaign Office, Symphony Way, Delft, Cape Town.

    Click here to read this document in pdf with footnotes and here to see some photographs.

    Timeline:
    – 19 December 2007: Backyarders in Delft occupy unfinished N2 Gateway houses.

    – 24 December 2007: Cape High Court orders halt to evictions of Delft backyarders occupying N2 Gateway houses.

    – 3 January 2008: Cape High Court throws out eviction order, under which evictions in Delft were carried out.
    Provincial government and Thubelisha Homes apply for a new eviction order.

    – 5 February 2008: Cape High Court grants order to provincial government and Thubelisha homes to evict backyarders in Delft, to take effect on 17 February.

    – 19 February: After appeal is rejected, Delft backyarders are evicted from N2 Gateway houses.

    – From Martin Legassick, “Western Cape Housing Crisis: Writings on Joe Slovo and Delft,” February 2008.

    CAPE TOWN – At dawn on February 19 2007, police and private security moved into Delft, a sandy barren area on the Cape Flats slated for a pilot housing project called the N2 Gateway. With trucks and a dog unit, the eviction team went door-to-door to remove some 1,600 residents from the homes that they had occupied two months earlier at the alleged authorization of their local councillor. The scene of the February 19 eviction, broadcast on the nightly news, was violent: police fired rubber bullets into the gathering crowds on the street, chasing and shooting at residents as they ran for cover. At least twenty people were wounded and rushed to hospital, including a three-year-old child, who was hit by bullets in the foot, leg and shoulder. The evicted residents were then left on the pavement, their belongings – furniture, bedding, clothes – packed onto trucks by the eviction team and taken to the local police precinct.

    The N2 Gateway Project has been described by Housing Minister Lindiwe Sisulu as “the biggest housing project ever undertaken by any Government.” It is a joint endeavour by the national Department of Housing, the provincial government and the city of Cape Town. A private company, Thubelisha, has been outsourced to manage and implement the project. Thubelisha estimates that some 25 000 units will be constructed, about 70% of which will be allocated to shack-dwellers, and 30% to backyard dwellers on the municipal housing waiting lists. Delft, 40km outside of Cape Town, is one of the primary sites of the Project.

    This report compiles recent information on housing and evictions at the N2 Gateway site in Delft, shortly before and since February 19. Among those evicted on February 19 was Monique, a longtime resident of Delft, who, like many others, had been renting in backyards before occupying the N2 Gateway houses. She has lived in much of the housing at issue at the site in Delft, at the same time, working for a building contractor on the N2 Gateway Project. Her story, in brief, is told here.

    Pavement Dwelling:

    Since February 19, those Delft residents without the option of returning to their backyard dwellings or joining family elsewhere – including Monique and her two-year-old daughter – have remained on the pavement of the N2 Gateway site.

    The City of Cape Town, together with the Democratic Alliance (DA) provided about 500 of these evicted families with large communal tents – some of a military make, others brightly striped or white with frilly awnings, suited for a circus or a wedding. Still others were given “black sails,” plastic sheeting that was used to build tiny, makeshift shacks behind the tents, unseen from the street. The tent village, referred to as “Section 1,” is encircled with razor wire, with police stationed near the entrance. Several residents there described it as a “refugee camp.” Daily hot food deliveries have been supplied by the City, as well as outdoor water taps and portable toilets. “Section 1” was scheduled for relocation by mid-March, but it has since been delayed until an unspecified date.

    The other 500 evictees, aligned with the Western Cape Anti-Eviction Campaign (AEC), refused to negotiate with political parties, the DA or the ANC, and secured their autonomy by building their own shacks along a road called Symphony Way, squatting on the pavement directly across from the now empty houses from which they had been violently expelled. Reasons given for living on Symphony Way instead of “Section 1” vary, many note their distrust of the DA negotiating on their behalf and of the City compelling them to sign forms to acquire space in the tent village, but nearly all characterize living on Symphony Way as a decision to represent and speak for themselves in their appeal for houses.

    Here on Symphony Way, Monique and her daughter live in a two room shack, which she constructed herself from collected scrap materials: cloth advertisements, a plastic sail, branches and wood beams. Inside is a kitchen and sitting area, fitted with Styrofoam countertops, appliances, pots and pans, a handcrafted wooden table and bakki seat couch. The walls of the adjoining room are covered with mauve and green ruffled curtains, with matching mattress pads and pillows on the floor.

    At the centre of Symphony Way, not far from where Monique lives, stands a self-made community office and kitchen, where food has been provided by Islamic Relief Worldwide. In the early weeks following the eviction, police blockaded Symphony Way, preventing Islamic Relief from making food deliveries and journalists from covering the pavement dwellers’ story. Currently, Symphony Way residents hold mass meetings nearly every evening to talk about their newly formed community and their grievances. They have created a night-watch that patrols the settlement, protecting residents from crime as well as from the potential hazards of unattended fires or candles. A crèche has been launched, run by community volunteers, and a children’s day camp has been operating during the school holidays.

    With the support of the Anti-Eviction Campaign, residents are appealing their eviction from the occupied houses in court, and are negotiating with the Provincial Department of Housing. Talks with provincial government officials were renewed after approximately 500 pavement-dwellers arrived en masse to the Housing Office in the city centre in April 2008 to apply for housing subsidies on the N2 Gateway Project.

    Backyards:

    The backyard rentals in Delft, where Monique lived before coming to Symphony Way, consist of ordinary shacks, made from scraps of tin, wood and plastic sheeting, or “Wendy houses,” which are comparatively more solid, wooden sheds. The backyard that Monique occupied was part of a government subsidized house, owned by a couple who collected rent to make ends meet. For more than a year, Monique paid R400 per month, not including electricity while staying there. Other Delft backyarders reported paying upwards of R2000 per month for similar structures. The electricity in Monique’s Wendy house, when it worked at all, was often switched off by the couple in the main house, which meant that she often had to use fires and candlelight. “It was not nice to live in other people’s houses like that, at their mercy,” she said.

    After conflicts with her landlords, she moved with her daughter to a house in The Hague, one of many sections in Delft with Dutch appellations. It was a city council house, given free to the owners, who lived in another area in the Cape Flats and rented it to Monique for R1000 per month. After the city council learned of this and similar unlawful rentals, the owners – under threat of legal action from the council – arrived at the house at 3am to evict Monique and her daughter, carrying their belongings on to the street. She appealed to the Delft police, explaining that she had lived in the house for a year and a half, had no notice of the eviction and no place to go. The police told her that she could not press charges, given that she was not the rightful owner of the house.

    “Temporary Accommodation”:

    Following the eviction from the house, Monique and her daughter lived on the street in a bakkie for three weeks, while she continued to work at a cleaning company to save enough for another rental. When her employers learned of her situation, they helped her apply for “temporary accommodation” called TRAs in Delft. The TRAs were constructed for families waiting upon the completion of their N2 Gateway houses by the provincial government and its partner company Thubelisha.

    As residents there suggest, the TRAs are, in essence, government shacks: 36 square-meter “empty boxes,” with no room-dividers, no sinks, just a tin roof, a paved cement floor and four plaster walls. Though the TRAs were built as “temporary” structures, many residents have lived there for three years with no indication from Thubelisha or provincial government about when or where they will be moved.

    Most residents of the TRAs were relocated from the Joe Slovo shack settlement in Langa after over 10 000 people were made homeless by a devastating shack fire in 2005. Because Langa is comparatively close to the centre city, shops and a train station, the move to Delft has made transport costs unaffordable to some, who have lost their jobs as a result. Children from Joe Slovo, now living in the TRAs in Delft, must nonetheless be bussed back to Langa for school. Residents from Joe Slovo, who have lived in “temporary accommodation” for almost a year, have attempted to enroll their children in schools in Delft, but have been told that the schools are full.

    Before the move, victims of the Joe Slovo fire were assured by government officials that the TRAs would have electricity; they were recently informed that no such service would ever be provided. Candlelight, fires or gas stoves are used for light and cooking, all of which are significant fire hazards and moreover must be purchased at the residents’ expense. Water taps, showers as well as portable toilets – apparently often blocked or broken – are provided outside for common use.

    Monique and other women living in the “temporary accommodation” reported that they felt unsafe using the outside toilets, and none would do so at after dark. Another security concern shared by Monique and others is that the walls of the TRAs are thin and unsound; they could be punched through with a fist. The walls moreover have cracks, which allow the wind to blow through and residents report that many children develop serious bronchial conditions as a result, which will only worsen in winter. The walls also were reportedly constructed with asbestos, now a matter of investigation.

    During this time, living in a TRA, Monique continued to work for the cleaning company, though her transport costs from Delft were draining her income, an estimated 100R per week for taxis. She left the cleaning company after her daughter developed a severe cough and a skin condition, which required care as much as the payment of doctor fees. By December 2007, she began temporary work for a subcontractor on the N2 Gateway site, managed by Thubelisha Homes. She fitted plumbing for the new houses, and assisted with their construction, laying the foundation and building the walls. She said that she still has not been paid for this work.

    From Occupied Houses to the Courts:

    On December 19, 2007, backyarders in Delft began to occupy the unfinished N2 Gateway houses, moving in their belongings and marking their names on the outside walls with spray-paint. Monique also moved into the unoccupied houses, fearful of her daughter’s illness and reports of asbestos in the TRAs. The occupation occurred shortly after local councilor Frank Martin (DA) issued letters to an estimated 300 families in Delft, which granted them permission to move into the houses, and stated that he would accept full responsibility for the consequences. Martin allegedly gave authorization to other backyarders for the move during community meetings. He was arrested on charges of “incitement,” and will stand trial in the coming months.

    The Provincial government and Thubelisha soon sought the eviction of the 1,600 residents. Monique was one of the respondents in the case, which was brought to the Cape High Court on 24 December 2007. Initially, the court halted evictions, and on 3 January threw out the application brought by the Provincial government and Thubelisha. When the N2 Gateway partners reapplied, court hearings resumed on 5 February, at which point Judge Deon Van Zyl granted an eviction order. As the Judge stood to leave the packed courtroom, Delft residents shouted, “Ons gaan nerens!” (We are not moving!).
    The Western Cape Anti-Eviction Campaign later issued a press release that condemned the decision and called attention to the fact that the majority of residents would be entirely without shelter once the eviction was carried out. Stated the AEC:

    “The judge and the 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.”

    Delft residents attempted to lodge an appeal, but the judge denied their application. The Department of Housing scolded the residents in a press release, suggesting that their late application for an appeal was in “bad faith” and “should be reported to the Law Society.” Far from wanting to protract legal proceedings or toy with the legal system, residents expressed their continued faith in the courts, and added that any sort of legal action – from court appearances to lawyer meetings to gathering affidavits – requires organizing, a considerable investment of time and often financial contributions on the part of community members, many of whom are unemployed and all of whom have little money to spare. Housing cases are draining on already stretched community resources, regardless of whether or not free legal services are available, which can itself be a challenge to access. Moreover, every postponement, loss or appeal takes an emotional toll, especially when the outcome of the case can mean the difference between keeping a roof over your head and living in the open air.

    Eviction from the Occupied Houses:

    On February 19, Monique and her daughter, along with 1,600 other Delft residents, were evicted from the occupied houses and left on the pavement at the N2 Gateway site. During the eviction, police shot rubber bullets at residents without warning, and continued firing as they ran for cover. Some were shot at close range. Some were shot in the head and face. A child was shot three times. Women and elderly people were trampled. One woman reported that, after being shot in the side with a rubber bullet and falling to the ground amid the fleeing crowd, a police officer kicked her with his steel-toed boot and swore at her. Twenty people were injured seriously enough to be rushed to hospital. The Star reported that two men “visibly injured and one barely able to breathe” were locked in the back of a police van while residents pleaded with police to allow the men medical attention. Police had an altercation with a reporter from The Cape Argus when she asked about their injuries and why the men had been arrested. In the process of moving residents’ belongings, the police took everything they had in the houses, even baby nappies and food. When residents went to the police station, there was no organized procedure to reclaim what had been taken and most of their possessions were no longer there.

    On the day of the eviction, the Department of Housing issued an official press release entitled “N2 Gateway must be protected from anarchy.” With no mention of injuries or police violence, the Provincial Housing Department offered the following version of the eviction:

    “This morning at dawn, the Sheriff of the Court moved into Delft, supported by police. It is the sheriff’s job to ensure that the order is complied with, and the role of the police to ensure the sheriff can do his or her job.
    The rule of law must prevail. The houses must be returned to the building contractors for repair and completion, and allocated according to the equitable allocation policy agreed to by the three spheres of government at the commencement of the N2 Gateway Pilot Project.

    The South African government has built and given away free more than 2,4 million houses since 1994. This is more houses than any other country in the world has managed in this time.

    The N2 Gateway is a national pilot project aiming to pioneer a new and improved housing policy that will see the delivery of more and better-quality houses for poorer South Africans in integrated human settlements. It is a project that should be nurtured and guarded by all South Africans.
    The Department of Housing is committed to ensuring that the project can proceed with minimum delay and renewed vigour.”

    News reports, photographs, video and eyewitness accounts by those like Monique and her daughter, however, tell another story, one which is less about the prevailing rule of law or achievements of the national housing program and more about the dangers of expediency and evictions. These accounts furthermore call into question what and whom “should be nurtured and guarded” at the N2 Gateway Project in Delft.

    Minister of Housing Lindiwe Sisulu was quoted as saying that she had instructed 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 that purpose. Thubelisha Project Manager Prince Xhanti denied any such directive, and said that the Sheriff or the Court was “solely responsible” for the eviction. The Sheriff also denied responsibility, saying “The order says I must evict the people and remove their belongings to a place of safe custody and that is what I did.” When the residents were stranded on the pavement with nowhere else to go, the police spokesperson, Andre Traut, said this too was illegal: “the court order instructed the residents to leave the entire area….it was illegal for them to remain on the street on Tuesday.” He further said “a guard was posted outside each empty house to prevent people from returning.” A razor wire fence was also erected around the empty houses, which has been extended in height and length over the recent months.

    Delft and the N2 Gateway:

    The N2 Gateway Project was designed and implemented to address the housing backlog in the Western Cape, expressly intended to benefit shack-dwellers and backyarders in the province. According to Minister Sisulu, the broader aim is “to eradicate informal settlements by 2014.” The N2 Gateway Project, toward that aim, targets shack settlements for “relocation” along the N2 highway, between Bhunga Avenue Interchange in Langa and Boys Town in Crossroads. The Project intends to produce “integrated,” “mixed income” communities. The houses in Delft, which backyarders occupied and that Monique helped to construct, is only one “phase” of the N2 Gateway Project.
    The Project has three primary “Phases.” Phase 1, however, is too costly for shack-dwellers. It consists of “low cost” rental flats in Langa, already completed. The Social Housing Foundation, a partner of the Department of Housing, reported that the average rental is 750R up to 1100R. Residents of these flats have been on rent boycott since June 2007, after Thubelisha failed to repair major defects, including huge cracks in the walls, leaking roofs, and faulty keys. The keys issued to residents in September 2006 could open not only their own flats, but all the other flats in the building as well.

    Phase 2 is also too costly for shack-dwellers, and will be built on land currently occupied by residents of the Joe Slovo shack settlement in Langa. Their mass eviction is required for the completion of Phase 2, and is already underway. Phase 2 will consist of bonded houses, built by the provincial government in public-private partnership with First National Bank (FNB) and Thubelisha. The houses will cost between 200,000R and 300,000R: to afford a bond, a buyer would have to have an estimated income of 8,000R to 12,000R per month. Phase 3 is slated for residents of Joe Slovo and backyarders, and consists of “temporary accommodation” and subsidized houses in Delft.

    As this suggests, “eradicating” settlements in Cape Town will entail, as it has already in other cities in South Africa and other parts of the world, the eviction of shack-dwellers living close to the city centre and their relocation to undesirable sites further on the urban periphery, where transport costs are comparatively higher and jobs, schools and shops less accessible, while replacing their previous homes with new developments which shack-dwellers cannot afford. Residents in Delft point out there is a long history of such removals in the Western Cape and in other provinces. For the N2 Gateway Project, Thubelisha and the provincial government has sought and, thus far legally secured, the eviction of 6,000 households, an estimated 20,000 people, from the Joe Slovo shack settlement in Langa for “relocation” to Delft. Residents, some of whom have lived in Joe Slovo for 19 years, have expressed their unwillingness to leave, and an appeal against eviction is pending.

    The Western Cape Anti-Eviction Campaign, in a press release, referred to the recent court decision by Cape Judge President John Hlophe to evict 20,000 Joe Slovo residents as “bureaucratic madness.” Joe Slovo residents “do not want to go” to Delft, but “there are thousands of backyarders in Delft who need the housing being built there,” stated the press release. Moreover, Joe Slovo shack-dwellers will not be guaranteed occupancy of new houses in Delft, but rather will be placed in “temporary accommodation,” for an unspecified period of time. As Martin Legassick noted, “What the Joe Slovo residents are asking for is RDP [Reconstruction and Development Plan] housing built in the area for them, and they have a plan as to how this can be done without any forced removal at all.”

    With regard to the evicted backyard-dwellers, they are asking to be housed in Delft. Monique said she has spent nineteen years on the municipal waiting list for a house. Many others in Symphony Way and Section 1 have been on various waiting lists for up to thirty years, still holding apartheid-era documents from the 1980s. To qualify for a house at the N2 Gateway site, yet another list was compiled by the municipality and another still by Thubelisha; residents signed up at police stations, in Thubelisha’s offices, and various other locations.

    Monique said, “The reason I think I should be able to stay here is because I’m a citizen of South Africa and I have a right to house. Also, it’s about the future of my child. I want her to grow up in a nice brick house, and to have a better future for her and myself… I never want to live in a shack or another structure again.”

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    Slums law based on flawed interpretation of UN goals

    http://www.businessday.co.za/articles/opinion.aspx?ID=BD4A768901

    by Marie Huchzermeyer in Business Day, 19 May 2008

    NEWS that the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act will be replicated in other provinces comes as no surprise. Since 2001, national and provincial housing departments have been mandated with achieving this target, which stems from a fundamentally flawed South African interpretation of the United Nations’ (UN’s) Millennium Development Goals (MDGs) of 2000.

    Not dissimilar from the AIDS dissidents’ denial of the connection between HIV and AIDS and refusal to roll out antiretrovirals, the determination to eradicate informal settlements is underpinned by a denial of urbanisation, the economy and human rights in SA. When compared with the UN’s MDGs, and its numerous publications on how to achieve them, SA’s approach to informal settlements stands out as lunatic and sadly sinister in what it means for the lives of vulnerable people.

    While professing to support the progressive realisation of the constitutional right to housing, the act uses the language and practice of “control” and “eviction”. It simplistically seeks to achieve eradication of informal settlements by replacing them with formal housing and stamping out any new erection of shacks.

    In response to submissions opposing the proposed legislation when it was still in bill form, the KwaZulu-Natal legislature’s advisers explained that it sought to upgrade suitable informal settlements, “if any”, and only because housing delivery would not quite meet the demand. The underlying assumption is indeed that all informal settlements should be removed and replaced by formal Reconstruction and Development Programme (RDP) housing. This is despite admissions, even by the government, that RDP housing has removed people from their livelihoods, imposed transport burdens and made poverty worse. The 2004 “breaking n ew g round” policy of the national housing department sought to redress this by introducing an “u pgrading of i nformal s ettlements p rogramme”.

    The a ct further denies there is a growth in housing demand. By mandating the policing and fencing off of all vacant land and instituting the eviction of any new invasion, it seeks to prevent the re-emergence of slums — a critical component of the strategy to achieve total eradication of informal settlements by 2014.

    “Re-emergence” here refers to the reconstruction of shacks that have been removed. This in itself is repressive, but it also treats all new formation of informal settlements in response to a constantly growing, unmet housing demand, as “re-emergence”.

    Essentially, it seeks to shut down the city to a growing population of the urban poor.

    This is not only reminiscent of apartheid policy. It reintroduces measures from the 1951 Prevention of Illegal Squatting Act, which was repealed in 1998. Like the 1951 act, the KwaZulu-Natal act mandates land owners, on whose property poor people have settled, with instituting eviction procedures.

    In parliamentary speeches and media announcements, and more recently in legal responses to submissions and court challenges, the target to eradicate informal settlements by 2014 is always justified with reference to the UN’s MDGs.

    One of the UN’s MDG targets is to significantly improve the lives of 100-million slum dwellers — 10% of the slum population — by 2020. The slogan “Cities Without Slums” accompanies this target. The slogan and target stem from the Cities Without Slums Action Plan of the multilateral organisation, Cities Alliance. Improving the lives of 10% of slum dwellers by 2020 was conceptualised as a first step to eventually achieve cities without slums.

    Nowhere does the UN even vaguely suggest it has a target for achieving cities without slums. In the extensive publications of UN-Habitat (such as the Global Report on Human Settlements 2003: The Challenge of Slums, from which I quote here), which promote the slum improvement target, reference is made to “the long journey towards cities without slums”.

    UN-Habitat is clear on how to improve the lives of slum dwellers to meet the MDG target. It promotes, as best practice, “participatory slum upgrading programmes that include urban poverty reduction objectives”.

    As if speaking directly to the South African situation, UN-Habitat states that “eradication and relocation destroys, unnecessarily, a large stock of housing affordable to the urban poor and the new housing provided has frequently turned out to be unaffordable with the result that the relocated households move back into slum accommodation…. Relocation or involuntary resettlement of slum dwellers should, as far as possible, be avoided.”

    UN-Habitat lists unsuccessful approaches to dealing with informal settlements. Among them is eviction, which was common practice in the 1970s- 80s. “Squatter evictions have created more misery than they have prevented.”

    Regarding the longer-term goal of achieving cities without slums, UN-Habitat acknowledges that measures are required to “prevent the emergence of more slums”.

    It therefore requests that slum upgrading programmes be combined with “clear and consistent policies for urban planning and management, as well as for low-income housing development, which should include supply of sufficient and affordable land for the gradual development of economically appropriate low-income housing by the poor themselves, thus preventing the emergence of more slums”.

    Nowhere does UN-Habitat promote the criminalisation of land invasions, policing or fencing off of vacant land, relocations and evictions as measures for the prevention of emergence or re-emergence of slums.

    The KwaZulu-Natal legislature’s advisers blame opponents of the slums act for wishing to perpetuate slums. In response to a request to rename and focus the bill on the realisation of the right to housing and removing obstacles to upgrading, they argued that the act, in name and content, would correctly reflect the province’s mandate.

    This is a worrying admission. The terms “elimination” and “eradication” conjure up repressive measures of the past. UN-Habitat, in its index, suggests for the term “eradication”: “see clearance; eviction”.

    The legislature clearly shows that its intention is to control and repress, to keep the poor out of the city. This, despite a demographic and economic context that continues to determine a rapid increase in the population of the urban poor, far outstripping formal housing supply.

    Unlike SA’s tragic AIDS denial, which the new ANC leadership rejects outright, ANC president Jacob Zuma is squarely behind “legislation to address the proliferation of informal settlements” (quoting from his January 8 statement, ironically structured around the principles of the Freedom Charter).

    The AIDS denial was opposed over many years by a strong social movement with a rights-based approach. Since the 2000 Grootboom constitutional ruling, a similar mobilisation has developed around informal settlements. A significant jurisprudence has also emerged on the right to housing. These combined into a confident challenge of the KwaZulu-Natal slums act.

    If the government is determined to push ahead with its eradication agenda it will encounter strong resistance in the streets and in the courts. Eventually, politicians might swing to reap the rewards of the progressive, democratic and human rights-based approach to informal settlements that a growing shack dwellers’ movement is calling for.

    In the meantime, the poor live in daily fear of losing their precarious foothold in South African cities.

    # Huchzermeyer is an associate professor in the School of Architecture and Planning at Wits University.

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    APF & AVCC: Stop the Xenephobic Attacks in Alexandra & Elsewhere!

    ANTI-PRIVATISATION FORUM & ALEXANDRA VUKUZENZELE CRISIS COMMITTEE
    PRESS STATEMENT (TUESDAY 13TH MAY 2008)

    STOP THE XENOPHOBIC ATTACKS IN ALEXANDRA & ELSEWHERE!

    DON’T BLAME THE POOR FROM OTHER COUNTRIES FOR THE POVERTY AND JOBLESSNESS IN SOUTH AFRICA – BLAME, AND ACT AGAINST, THOSE WHO ARE RESPONSIBLE!

    The Anti-Privatisation Forum and its affiliate, the Alexandra Vukuzenzele Crisis Committee, unreservedly condemn the recent violent, xenophobic attacks in extension 6 and extension 10. These violent attacks are aimed at people from other countries who are living and working in Alex and have been fed by baseless allegations that have fed other xenophobic attacks in poor communities across our country (e.g. Diepsloot, Atteridgeville, Mamelodi, Sebokeng, North-West, Khayelitsha etc).

    It is a tragedy that such attacks are happening in poor working class communities, where the poor are fighting the poor. But there is a clear reason for this. Many in our communities are made to believe that unemployment is caused by foreigners who take jobs in the country – this is simply untrue. Forty percent (40%) of all South African citizens are unemployed and this has been the case for many years. This is not the result of immigrants from other countries coming to South Africa but rather, the result of the anti-poor, profit-seeking policies of the government and the behaviour of the capitalist class. Such massive and sustained unemployment is a structural problem of a capitalist system that cares little about the poor, wherever they are from/live.

    In turn, this has contributed to a situation wherein poor immigrants (most especially those from other African countries) have become increasingly seen (and treated) as criminals and ‘undesirables’ by government authorities. This, combined with the government’s failure of service delivery in those poor communities where most immigrants live, has placed poor immigrants and poor South Africans in constructed ‘competition’ with each other. It is out of this situation that the scourge of xenophobia has arisen.

    Blaming foreigners and launching violent attacks on those living in South Africa will benefit no one except those who feed off the desperation and poverty of the poor. Let us not forget that it is South African corporate capital – through the framework of NEPAD – that has, over the last decade, moved into other African countries, most often causing many local, smaller businesses to close down and thus contributing to a situation in which many poor people have lost their jobs. Likewise, the South African government’s approach to the crisis in Zimbabwe has further contributed to the mass migration of Zimbabweans to South Africa. The poor, wherever they are, are being exploited and oppressed by the same capitalist class.

    As the APF and the AVCC, we call on all those responsible for the recent xenophobic attacks to immediately stop engaging in such senseless and reactionary acts – you are maiming and killing your own brothers and sisters. Anger and resentment at the levels of poverty and joblessness (in South Africa and elsewhere) must be directed at those who are responsible, not the victims. It is the capitalist class and the ANC government that have joined together to implement neo-liberal policies over the past 14 years that have devastated poor communities and that have now created the conditions where the poor attack the poor. In Alex for example, the housing crisis must be blamed on our corrupt and profit-hungry housing officials and those who illegally lease the houses for their own personal gain.

    The APF and the AVCC will continue to denounce and actively campaign against these violent xenophobic attacks in our community. We demand that the police apprehend those responsible for encouraging and engaging in these attacks. In the next few days, we will distribute pamphlets and engage the larger Alex community in organised mass meetings.

    For more comment/information please contact:
    Fredah Dlamini of the AVCC on 074 352 0141 or Silumko Radebe of the APF on 072 1737 268

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    Motala Heights: Crisis Deepens as Violent Intimidation Against the Strong Poor Continues

    Abahlali baseMjondolo Press Release
    Tuesday, 13 May 2008

    Motala Heights Crisis Deepens as Violent Intimidation Against the Strong Poor Continues

    Gangster Landlord Continues Campaign of Intimidation with the Support of the Pinetown Police; James Pillay arrested on trumped up charges


    James Pillay (centre), ‘Meeting of the Poor Against the Rich’, 17 November 2007

    The community of Motala Heights, set on the edge of Pinetown between the factories and the hill that runs up to Kloof, dates back to the early years of the last century and has a rich history. For the last three years it has been under sustained and violent attack from a local gangster businessman who seems to be able to direct the local state, including the police and the Municipality’s Housing Department, at will.

    The community is now made up of a wealthy suburb with the big, new mostly face brick houses of the rich in the centre. Behind them are hidden the old tin houses of the poor families and, amongst the gumtrees up on the hill leading up to Kloof, a shack settlement. For some time local businessman and known gangster Ricky Govender has been buying up land and using intimidatory tactics to illegally evict the poor. His attempts to illegally drive out the mostly Indian families from the tin houses, most of whom were born and have lived their whole lives in the community, dates back to at least 2005. He has also been directly implicated in the violent and illegal attempts by the eThekwini Municipality to evict the mostly African shack dwellers which date back to 2006.

    The first attackon the shack settlement was launched over the youth day weekend on 2006. Ward Councillor Derek Dimba arrived at the Motala Heights settlement with municipal officials and 5 car loads of municipal security guards to mark out shacks that would then be destroyed by the highly militarised and clearly, in it terms of its stated purpose and day to day actions, criminal armed wing of the Municipality – its notorious Land Invasions Unit. On the following Monday the then Motala Heights Development Committee (affiliated to Abahlali baseMjondolo) won an urgent meeting with Geoff Nightingale from the the Pinetown office of the eThekwini Municipality. He told them that they would have to accept eviction as “The Municipality won’t build houses in Motala because Ricky Govender wants to develop the area himself”. As people are being evicted from the land on which they were born and grew up Govender is using it to develop factories and private housing projects for the rich.

    On Women’s Day that year Cllr Dimba returned to the settlement with pistol holstered to each hip and flanked by his usual cohort of armed men. He summoned the community to a meeting where he began by gesturing to his weapons and promised to ‘chase away’ named individuals on the democratically elected committee. Dimba is often seen in Govender’s mansion and when he has been told that the poor will not accept forced removal and eviction and want houses to be built in Motala Heights he has often said that “the only person that will build houses in Motala Heights is Ricky Govender” and, in the exact language of apartheid, that the shack dwellers must “go back where they came from”. The Municipality began to evict people from the shack settlement on 28 October 2006 and returned on four occasions to continue the attack. On each occasion the evictions were accompanied by violence. They were carried out without a court order and were therefore illegal and in fact criminal acts. Members of the Land Invasions Unit and the Pinetown SAPS were seen openly eating bunnychows and drinking beer in Ricky Govender’s bar before they came up the hill to demolish the shacks. On 31 October the then Chairperson of the Motala Heights Development Committee, Bheki Ngcobo, presented to the Land Invasions Unit a copy of a lawyers’ letter addressed to Mayor Obed Mlaba and City Manager Mike Sutcliffe instructing them to immediately cease these criminal acts. The Land Invasions Unit responded by pepper spraying Ngcobo at point blank range and viciously kicking him after he fell to the ground. The SAPS then fired shots at the crowd that rushed to support Ngcobo and told Ngcobo that “Ricky Govender is the mayor here.”

    Since then the Pinetown SAPS have on many occasions blatantly refused to open cases against Govender or his staff and have simply referred people with complaints directly to Govender. People have even been told to take problems that have nothing to do with Govender, such as as domestic violence, to Govender. The Pinetown SAPS behave as if they are under Govender’s authority and as if he is above the law. For many years his bar was co-owned with a senior officer in the Pinetown SAPS (he passed away very recently). The Municipality act in the same way. They refer all local complaints and queries, even applications for a trading licence, to Govender as if he has sole and total authority over all aspects of life in Motala Heights.

    The Municipality’s criminal attacks on the shack settlement were eventually stopped on 29 November 2006 when Abahlali baseMjondolo went to court and won a court order interdicting the Municipality from carrying out illegal evictions. Since then there have been various kinds of intimidation and Dimba, most recently on 24 February 2008, has repeated that the poor will have to leave Motala Heights as “only Govender will be building houses here.” However despite all these threats the shack still stand and under the interdict they remain protected from unlawful demolition by the Municipality.

    Govender’s attempt to drive out the residents of the tin houses came to a head in August 2007 when he personally promised to bulldoze the house in which elderly couple James and Gonum Pillay had been living for 25 years. They were subject to all kinds of intimidation including violence from Govender and on 7 October 2007 they went to court and were awarded an interdict preventing Govender from unlawfully evicting them or from intimidating them in anyway or using his employees or associates to intimidate them in any way.

    Since then they have not been evicted but they have been subject to constant intimidation by Govenders’ employees and family members. These intimidatory acts are in clear violation of the law and the interdict. There are witnesses to each of these instances and they have all been carefully recorded. They include threats of violence and arson, a number of instances of violence, insults of the most crude kind, parking a car across the Pillay’s driveway preventing their visitors from leaving, the discovery of 4 petrol bombs with a long fuse placed outside the house and more. The Pillay’s have also been threatened by gangsters from Chatsworth who came to their house, told them to leave, and said that they could do nothing because ‘we are not Ricky’.

    Other Abahlali activists in Motala Heights Heights have also been threatened and assaulted by Govender and his associates including Shamita Naidoo, the Chairperson of the Motala Heights Abahlali baseMjondolo branch and Louisa Motha, the treasurer on the Abahlali baseMjondolo secretariat. Two activists have also received threats of murder and arson via telephone calls from a man claiming to be the nephew of Councillor Derick Dimba. However Dimba has denied responsibility for these calls and it is believe that Govender is behind them. Indian activists have often been warned ‘not to stand with the blacks’ and told that ‘the blacks will be made to go here from here, Ricky doesn’t want them here’. The husbands of women Abahlali members have often been warned and told that ‘they must control their wives’. Govender has also threatened to have local Abahlali members charged with trespassing if they step on to any of his land to meet with his tenants. Moreover Govender has also been openly and illegally dumping huge piles of toxic industrial waste (including asbestos and chemicals) from his factories right outside peoples’ front doors in an attempt to force them out.

    When The Mercury newspaper went to Motala Heights to cover the story on 31 August 2007 photographer Steven Naidoo was personally accosted by Govender and two other men who detained him against his will, took the memory stick out of his camera and threatened to have him killed. The photographer was only released after the armed intervention of the eThekwini Metropolitan Police.

    The ongoing intimidation of the Pillays came to a head on Tuesday last week when Leon Govender arrived at the Pillay’s house with his family and others to threaten them. A teenage girl threw a knife across the fence at Mrs Pillay, an elderly woman, and threatened to assault her. Leon Govender’s brother-in-law, Peter Singarum, had a panga in each hand and threatened to kill James Pillay.

    James Pillay called Bheki Ngcobo, the Deputy Chair of the Motala Heights Abahlali baseMjondolo branch, for help. As Ngcobo arrived at the house Singarum tried to attack him with the pangas. Ngcobo called for further help. A large group of Abahlali members arrived. In response to an attempted attack with a panga a stone was thrown hitting one of the attackers at which point they all fled. That was the extent of the defensive violence and it was not committed by James Pillay.

    However the next day the Pinetown SAPS arrived at the Pillay’s house with Leon Govender and Peter Singarum and informed James Pillay that he would be arrested but could not specify a charge. The police returned the following day and called for Ricky Govender. Shag Govender, a relative and employee of Ricky Govender’s who has been systematically intimidating the Pillay’s since they won the interdict against Ricky Govender, came down instead and told the police that the Pillays had no right to the house and that they must tear it down and leave. He said that the interdict preventing Govender from unlawfully evicting them was ‘just paper’ and that they must go. Officer Viljoen of the SAPS told James Pillay that “You are not the owner of this land. You have disobeyed the landowner. You must break everything down now.” James Pillay was then arrested on charges of assault and malicious damage to property (it was alleged that he had damaged Leon Govender’s car – however there are no visible signs of damage). After his arrest Viljoen told him that “The blacks will be removed from the jondolos one by one what ever you people say. I’ll make your life very difficult.” Although she and the other officer had openly taken direction from Shag Govender she refused to speak to Bheki Ngcobo, the Deputy Chair of Motala Heights Abahlali baseMjondolo branch saying “He has no rights to speak to me.”

    James Pillay was held in the Pinetown police station for 47 hours and 45 minutes without the option of bail on the obviously spurious grounds that bail could not be awarded as they were waiting for witnesses to come forward. His arrest was entirely groundless and a blatant attempt at intimidation on behalf of Ricky Govender. However he was not assaulted while in custody. Abahlali baseMjondolo is currently discussing a strategy to ensure that, at the very least, Ricky Govender is compelled to obey the law and the state is compelled to stop taking orders from Govender as if he is a power above the law. In the meantime:

    1. All the Abahlali baseMjondolo members in the area will stand together to support each other and to try and ensure each other’s safety against Ricky Govender and his thugs in and out of the uniform of the South African Police Services.
    2. Abahlali baseMjondolo will hold Ricky Govender personally responsible should there be any assault on any Abahlali member or if any one’s house is burnt down.
    3. Abahlali baseMjondolo will sue the police for wrongful arrest and malicious prosecution of James Pillay.
    4. Abahlali baseMjondolo will seek the arrest of anyone trying to illegally evict any of its members from a tin house or shack in Motala Heights whether they are in the pay of the state or Ricky Govender or both.

    The Motala Heights Abahlali baseMjondolo branch issues the following demands:

    1. The Pinetown SAPS must explain the nature of its relationship with Ricky Govender and this relationship must be subject to an independent and credible investigation.
    2. The eThekwini Municipality, and in particular the Housing Department, must explain the nature of its relationship with Ricky Govender and this relationship must be subject to an independent and credible investigation. There needs to be particular attention to the decision to evict the poor from their homes in order to allow Govender to develop Motala Heights for his personal profit. Cogi Pather must personally come to Motala Heights and explain to the people what is going on.
    3. All evictions of the poor from Motala Heights must cease immediately and permanently.
    4. The Municipality must make a clear statement on the right of the poor, Indian and African, to live and to be housed in Motala Heights.
    5. Negotiations between Motala Heights Abahlali baseMjondolo and the Municipality must begin with a view to building houses for the poor, Indian and African, in Motala Heights
    6. The Municipality must immediately instruct Ricky Govender to remove the toxic waste that he has dumped outside people’s homes and to cover all medical expenses of people that have fallen ill as a result of the toxic waste.

    There are two incompatible visions for the future of Motala Heights. Ricky Govender, Cllr. Dimba and the eThekwini Housing Department want all of the poor people to be chased out of the area so that it can be developed for the rich. Abahlali baseMjondolo, which represents the poor in Motala Heights, wants housing to be built for the poor in the area. Abahlali baseMjondolo calls on all the churches, trade unions and community organisations to take a clear stand against the anti-poor vision and for the pro-poor vision. As Bishop Rubin Phillip said in his UnFreedom Day speech “For too long our city and our country and our world have put the poor last on the list of concerns. It is time for the last to be first.” Development must be with the poor for the poor – not with the rich against the poor.

    For comment and up to the minute information contact:

    Shamita Naidoo, Chairperson Motala Heights Abahlali baseMjondolo branch 0743157962
    Bheki Bgcobo, Deputy Chairperson Motala Heights Abahlali baseMjondolo branch 0785346007
    Mashumi Figlan, Deputy President, Abahlali baseMjondolo 0795843995
    Mnikelo Ndabankulu, PRO, Abahlali baseMjondolo 0797450653

    For a fuller background to the struggle in Motala Heights including press releases, newspaper articles and photographs visit: http://abahlali.org/node/2377

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    eMagwaveni settlement in Tongaat is under violent police attack. (2:00 p.m. 2 May)

    For the second time in a month the eMagwaveni settlement in Tongaat is under violent police attack.

    As happened last time the police are disconnecting people from electricity and people are being assaulted and arrested. A number of people have had property stolen by the police.

    Abahlali baseMjondolo will develop a full press statement with the people of eMagwaveni once the police have left, the injured have been treated and the arrested have been freed. But they have asked that that this urgent notification be sent out immediately as people are being assaulted, arrested, robbed and disconnected from electricity right now. It would be very helpful if the press and others could get to the scene to witness what is happening.

    Please contact Niza on 0764225861.

    All those who criticised us for refusing to celebrate Freedom Day and instead mourning UnFreedom Day should note how in South Africa being poor is treated as a criminal offence. We are taken as if are outside of citizenship, as if the ordinary rules are not for us, as if anything can be freely done to us.

    The war against the poor continues.

    Once again the police have chosen to arrest and assault Bahlali on a public holiday when getting lawyers is difficult. Hardly a public holiday goes by without attacks from the police. These are days to be feared.

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    Bishop Rubin Phillip’s UnFreedom Day Speech

    SPEECH DELIVERED TO: ABAHLALI BASEMJONDOLO EVENT FOR UNFREEDOM DAY

    KENNEDY ROAD COMMUNITY HALL, CLARE ESTATE, DURBAN, KZN, 27TH APRIL 2008

    BY BISHOP RUBIN PHILLIP, ANGLICAN BISHOP OF NATAL AND CHAIRPERSON OF THE KWA-ZULU NATAL CHRISTIAN COUNCIL

    For many years the courage and dignity of our people under oppression was a light to the world.

    There was a time when our country was a light to the world. But that light has grown so dim that there is a real danger of it being extinguished altogether.

    Today millions of our people live in shacks in life threatening conditions, constantly at risk of fire and disease because they have no electricity or sanitation, while we build stadiums, casinos and theme parks.

    Today we are, once again, forcing the poor out of our cities to rural townships where there are no jobs or schools or prospects for hope.

    Today our brothers and sisters are being beaten and tortured by the criminal state in Zimbabwe and, when they have fled to our country for sanctuary, beaten and burnt out of their homes by ordinary South Africans and deported by our government.

    Today women are still not safe in our country.

    Today schools are still not safe in our country.

    Today some see political office as a route to mastery over the people instead of a vocation of service to the people.

    Jesus took his message to the poor, not the Rabbis – the experts of his day. Today when we do remember the suffering of ordinary people we tend to go to experts and to seek answers from their laptops rather than to the people themselves. The poor are even excluded from the discussions about their fate.

    But in this darkness the courage, dignity and gentle determination of Abahlali baseMjodolo has been a light that has shone ever more brightly over the last three years. You have faced fires, sickness, evictions, arrest, beatings, slander, and still you stand bravely for what is true. Your principle that everyone matters, that every life is precious, is very simple but it is also utterly profound.

    Many of us who hold dear the most noble traditions of our country take hope from your courage and your dignity just as we take hope from the recent actions of the South African Transport and Allied Workers Union and the courage of so many ordinary people of Zimbabwe. A clear and compelling call to conscience has been issued and we will listen and we will act.

    I know that this is a difficult time for your movement. I know that last weekend a candle was knocked over in the Jadu Place settlement and two hours later 1 600 people had lost their homes and all their possessions. I know that this year there have already been terrible fires in the Foreman Road settlement and right here in Kennedy Road. It is unacceptable that the poorest people in our cities must live with this plague of fire. Today I am making a strong and clear call to our Municipality, and to the Municipalities of all our cities across the country, for immediate action to stop these fires. The settlements must be electrified, fire hydrants provided and access roads for fire engines built.

    I know that people in your movement continue to face unlawful evictions. It is a matter of deep concern that the poorest people in our city living the most precarious lives should also have to face this plague. Our Christian faith requires that we honour our neighbours. There is no honour in illegal evictions that expel the poor from the city. I know that when you have been able you have gone to court to stop unlawful evictions and that the judges have always found in your favour. Today I am making a strong and clear call to our Municipality, and the Municipalities of all our cities across the country, to declare every part of our country an evictions free zone. Today I promise to call a meeting between yourselves and other organizations to see how we can build an alliance between churches, lawyers, shack dwellers and others against unlawful evictions and for the clear and public assertion of the right to the city for all.

    I know that your movement has suffered terrible abuse at the hands of the police when you have tried to exercise your basic democratic rights. In September last year I was very pleased to be part of a group of 12 church leaders that condemned a violent police attack on a peaceful and legal protest by your movement. Even some clergy were beaten that day. Today I affirm that you have every right to express your views in this country. Today I promise that next time you march I and others from the church will march with you again.

    I know that your movement organises crèches, support for abused women, legal support for people facing eviction, support for families whose children are being forced out of schools because they cannot pay fees, support for people who have lost their homes in fires and much, much more without donor support. Today I promise to mobilise the churches to offer practical support to your movement and to the work that you are doing.

    Jesus Christ was a poor man. His disciples were poor men. He ministered to poor women and men. When our society and our world rejects the humanity of the poor it rejects the core of the message of Christ. What ever is done to the least of our sisters and brothers is done also to God. For too long our city and our country and our world have put the poor last on the list of concerns. It is time for the last to be first.

    Bishop Rubin Phillip
    27th April 2008
    bishop@dionatal.org.za

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    Abahlali baseMjondolo to Mourn UnFreedom Day Once Again

    Update: Click here to read Bishop Philip's UnFreedom Day speech, here to read an article by Danny Schechter at Common Dreams and here to see some pictures.

    Abahlali baseMjondolo Press Release
    Monday 21 April 2008

    Abahlali baseMjondolo to Mourn UnFreedom Day Once Again

    Time: 9:00 a.m., Sunday 27 April 2008
    Venue: Community Hall, Kennedy Road Shack Settlement, Clare Estate, Durban

    On Sunday it will be Freedom Day again. Once again we will be asked to go into stadiums to be told that we are free. Once again we will not be going to the stadiums. We will, for the third time, be mourning UnFreedom Day. Since the last UnFreedom Day we have been beaten, shot at and arrested on false charges by the police; evicted by the land invasions unit; disconnected from electricity by Municipal Security; forcibly removed to rural human dumping grounds by the Municipalities; banned from marching by the eThekwini City Manager; slandered by all those who want followers not comrades; intimidated by all kinds of people who demand the silence of the poor; threatened by new anti-poor laws; burnt in the fires; sick in the dirt and raped in the dark nights looking for a safe place to go the toilet.

    We have also opened an office with a library, launched many new branches, opened new crèches, successfully taken Ricky Govender and the eThekwini Municipality to court to stop evictions, taken the province to court to overturn the Slums Act, marched on Glen Nayager and Obed Mlaba, defended all of our members arrested for standing strong in the politics of the poor, organised in support of people struggling elsewhere, received powerful solidarity from other movements and some churches and thought and discussed how to make our own homemade politics, our living politics, into paths out of unfreedom.

    It is clear that no one should tell someone else that they are free. Each person must decide for themselves if their life is free. Each community must decide on this matter for themselves. In each community women and men, the young and the old, the people born there and the people born in other places must decide on this matter for themselves.

    In our movement we have often said that we are not free because we are forced to live without toilets, electricity, lighting, refuse removal, enough water or proper policing and, therefore, with fires, sickness, violence and rape. We have often said that we are not free because our children are chased out of good schools and because we are being chased out of good areas and therefore away from education, work, clinics, sports fields and libraries. We have often said that we are not free because the politics of the poor is treated like a criminal offence by the Municipalities while real criminals are treated like business partners. We have often said that we are not free because the councillors are treated like the people's masters instead of their servants. We have often said that we are not free because even many of the people who say that they are for the struggles of the poor refuse to accept that we can think for ourselves.

    We have often asked that our settlements be humanized, not destroyed. We have often asked that city planning be democratized. We have often asked for an end to wasting money on stadiums and themeparks and casinos while people don't have houses. We have often asked that democracy be a bottom up rather than a top down system. We have often asked the Municipalities and the police to obey the law. We have often asked for solidarity in action with our struggles. We have often offered and asked for solidarity with the people of Zimbabwe and Haiti and Turkey and in all the places where the poor are under attack.

    But freedom is more than all of this. Freedom is a way of living not a list of demands to be met. Delivering houses will do away with the lack of houses but it won't make us free on its own. Freedom is a way of living where everyone is important and where everyone's experience and intelligence counts. Every Abahlali baseMjondolo branch and every settlement affiliated to Abahlali baseMjondolo in Durban, Pinetown, Pietermartrizburg and Tongaat has had a meeting to discuss the ways in which they are not free and has written a letter to the whole movement explaining why they are not free. Many new and important issues have been raised. These letters are being collected into a pamphlet that will be distributed and discussed at UnFreedom Day. We invite everyone who wants to think about Freedom and UnFreedom in our country to attend our event.

    We welcome the participation of Christian Aid from Wales who have come to learn about our struggle

    We welcome the participation of the Western Cape Anti-Eviction Campaign, our comrades in struggle who are driving all the way from Cape Town to be with us.

    We welcome the participation of Bishop Reuben Phillip and the other clergy who have bravely stood with us in difficult times.

    At this time we express our solidarity with the people of Zimbabwe suffering terrible oppression in their own country and terrible xenophobia in South Africa. We also express our solidarity with the people battling eviction in Joe Slovo and Delft in Cape Town and the whole Western Cape Anti-Eviction Campaign as well as the Landless Peoples' Movement and all organisations, big and small, standing up for the right to the city, the humanisation of the rural areas and for justice for the poor across the country. We also express our solidarity with the 1 500 people left homeless in the Jadhu Place settlement on Sunday morning after another of the fires that terrorize our people. We condemn the attempts of the City & the Province to misuse this fire, as the flood in the Ash Road settlement in Pietermaritzburg was recently misused, to advance their shack 'elimination' agenda. We will resist this. We will resist all attempts to turn settled communities into transit camps.

    We salute the South African Transport and Allied Workers Union and Bishop Reuben Philip for their active solidarity with the Zimbabwean people. We call on others to follow their example. We call on all clergy to stand with the poor. We call on the South African Municipal Workers' Union to refuse to carry out any instructions to evict the poor from the cities. We call on the Police and Prison's Civil Rights Union to refuse to carry out any orders to assault and arrest the poor for exercising their democratic rights to protest. Solidarity in action is our only hope.

    No Land! No House! No Vote!
    Land & Housing in the Cities!
    Bottom Up Democracy not Top Down Rule by Councilors!

    For information or comment please contact:

    Abahlali baseMjondolo:

    Mr Mnikelo Ndabankulu, Abahlali baseMjondolo Spokesperson, 0797450653
    Ms Zodwa Nsibande, Abahlali baseMjondolo Organiser, 0828302707
    Ms Shamita Naidoo, Chairperson, Motala Heights Abahlali baseMjondolo Branch, 0743157962
    Mr Mashumi Figlan, Abahlali baseMjondolo Deputy-President, 0795843993

    Western Cape Anti-Eviction Campaign:

    Mr. Mzonke Pone, Western Cape Anti-Eviction Campaign Co-ordinator, 0732562036
    Mr. Gary Hartzenberg, Western Cape Anti-Eviction Campaign Co-ordinator, 0723925859

    Featured post

    Jadhu Place Fire Disaster: 1 500 homeless, City tries to turn the settlement into a ‘transit camp’

    Most of the Jadhu Place settlement burnt down early on Sunday morning after a candle was knocked over. Jadhu was one of the first settlements to join Abahlali baseMjondolo back in 2005. At least 1 500 people have been left homeless by this fire. The City has provided large tents for people left homeless and instructed them not to rebuild their shacks. They are misusing this disaster to turn a long established shack settlement, a community with a proud history, into a transit camp.


    Obed Mlaba’s house is symbolically burnt on 28 November 2007 in protest at the plague of fires.

    Update: 22 April Mabuyakulu confirms ‘no rebuilding’ instruction.

    People wouldn’t mind having to live in the tents for a while if houses were being built in Jadhu Place. But there is no plan for them to transit out of this tent camp to decent housing in Jadhu Place or on other good land in the city. It looks like the transit camp should be called Lindela. It is clear that the City’s aim is to eliminate shacks and not to house the people and that they will continue to use every excuse to eliminate shacks, often destroying them illegally, even when this leaves people in a much worse condition than before. It is a war on the poor. We will continue to defend our right to the city in the courts and in the streets.

    As Abahlali has said again and again these fires are a direct result of the refusal of the Municipality to supply electricity to shack settlements. This forces people to rely on dangerous sources of light and heat – candles and paraffin stoves. More and more people are starting to understand that shack fires are no accident, that they are political, that they are a direct result of the Municipality’s refusal to continue electrifying shack settlements after 2001.

    Everybody knows how this fire started. It started when a candle was knocked over. Many people were eyewitnesses to this including a large group of people awake for an all night funeral vigil. For the Municipality to lie and to blame self organised electricity connections for the fire is just an attempt to blame the people for trying to survive in a city at war with its poor. It is no better than when there was the cholera and they put ‘Geza Izandla!’ on the buses. People were getting cholera because they didn’t have safe water not because they didn’t know that they must wash their hands!

    Contact Mazizi Dlamini at 083 7439 033 or Nceku Dladla on 0739760840.

    http://www.themercury.co.za/index.php?fArticleId=4365144

    Shack dwellers left out in cold

    April 21, 2008 Edition 1

    Kamini Padayachee

    SEVERAL families from the Dadoo informal settlement in Overport braved cold wind and rain yesterday after their shacks were destroyed by fire.

    Mazizi Dlamini, area chairman of the shack dwellers’ movement Abahlali baseMjondolo, said that about 1 500 people were left homeless after the fire early yesterday.

    “The fire happened at about 3.30am. People were left with nothing . . . Luckily, we managed to get two tents, provided by the eThekwini Municipality, to house the people (last night),” he said.

    Ethekwini Metro fire department station commander Ntuthuko Mathe said: “About 300 shacks were burnt down. No one was injured in the fire. We suspect that the fire could have been started after people tried to illegally connect electricity in the area.”

    To assist the victims, telephone Mazizi Dlamini at 083 7439 033.

    kamini.padayachee@inl.co.za

    http://www.isolezwe.co.za/index.php?fArticleId=4365604

    Basale nabebekugqokile kusha imijondolo

    April 21, 2008 Edition 1

    NOLUTHANDO MKHIZE

    BASALE bengenamakhaya, benethwa nayimvula abantu abangaphezu kuka-1 000 ngemuva kokuba imijondolo eyevile ku-500 abebehlala kuyo eJadhu Place, eSpringfield, eThekwini, icekelwe phansi ngumlilo izolo ekuseni.

    Abantu balapha bavuswe ngubumayemaye ngesikhathi umlilo usha ubuhanguhangu.

    Nakuba kusafuniselwa ngembangela yomlilo kodwa ziqinile izinsolo zokuthi ukuxhunywa kwezintambo zikagesi okungekho emthethweni kungase kube yikho okubange le ngozi.

    UMnuz Mboneni Ntuli (62), obehlala kule mijondolo, uthe akuqali ukuthi kuqubuke umlilo kule mijondolo.

    Uthe usenkingeni yokuthi akazi ukuthi umndeni wakhe uzoshonaphi nawo ngoba umjondolo wakhe oshile ubufana nekhaya.

    “Thina sisinde ngokuthi sizwe omakhelwane bememeza bethi kukhona okushayo sase siphuma endlini. Zonke izimpahla zethu zishe zangqongqa. Uhulumeni thina akasithandi njengoba engasakheli imixhaso, nakuba sike sabhiksha sifuna imxhaso,” kusho uNtuli.

    Ngesikhathi Isolezwe lifika kule ndawo izolo abantu bebekhungathekile nabezicishamlilo bematasa bezama ukucisha.

    UNksz Makhosazane Ndlovu (33), osehlale kule ndawo kusukela ngo-1990 nezingane zakhe ezintathu nowakwakhe, uthe sekungokwesihlanu kusha kule mijondolo selokhu aqala ukuhlala kuyo.

    Okhulumela abezichishamlilo, uStan Verveld, uthe bekungakabikwa zigameko zabashonile kodwa basaqhubeka nokuhlola isimo.

    USne Chiliza (18) uthe akazi ukuthi uzoya ngani esikoleni njengoba inyumfomu yakhe ishile.

    Ikhansela laseJadhu Place, uMnuz Jacob Baig, uthe abantu abalahlekelwe amakhaya abo babalelwa ku-1 000 kanti bazolungiselwa amatende lapho bezolala khona.

    “Akusona isehlakalo sokuqala sokusha kule ndawo, ngicabanga ukuthi sekushe kane noma kahlanu eminyakeni emihlanu edlule,” kusho uBaig.

    Uqhube wathi izolo kwenziwe izinhlelo zokubalalisa ematendeni ngesikhathi besazanyelwa indawo.

    Featured post

    All Charges Against the Kennedy 6 Dropped


    Five of the Kennedy 6 – the picture was taken on 13 April 2007 after their release on bail after 23 days in prison and 14 days on hunger strike

    Yesterday all charges against the Kennedy 6 were dropped just over a year after the men were first arrested.

    The basic chronology of events is as follows:

    The Kennedy 6 were arrested on a clearly trumped up murder charge on 21 March 2007 after a well known criminal who had previously been apprehended in the settlement and handed over to the police died in police custody. While in custody they were assaulted and an attempt was made, by Senior Superintendent Glen Nayager, to force them to chant anti-Abahlali slogans. They refused.

    On 31 March, after ten days in detention, they began a hunger strike in Westville prison. While in prison they were visited by Bishop Reuben Phillip.

    On 10 April 2007 Abahlali attempted to march on the Sydenham Police Station. This march was illegally banned by a diktat from City Manager Mike Sutcliffe but, after a tense stand off, 14 people presented the memorandum to Nayager.

    On 13 April 2007, after 23 days in prison and 14 days on hunger strike the Kennedy 6 were released on bail of R5 000 per person and under a de facto apartheid style banning order confining them to rural areas of origin.

    On 24 May 2007 the banning order was overturned in a court challenge and they could return home.

    On 27 March 2008 all charges against the 6 were dropped before the scheduled trial could begin due to a complete lack of any evidence against them.

    Yesterday's vindication of Abahlali's insistence that the charges against the 6 were trumped up by Glen Nayager as an attack on the movement means that, without exception, the state has not attempted to prosecute a single one of the many Abahlali baseMjondolo members who have been arrested (and very often assaulted) by the police over the years. Arrest is being systematically abused as a form of extra-judicial punishment for lawful political activities.

    A full press release will be discussed, written and issued soon, this is just to get the good news out quickly. The Kennedy 6 would like to express their gratitude to their lawyer Terrance Seery, to Bishop Reuben Philip and everyone in Durban and around the country and around the world who has offered support.

    Abahlali stands in full solidarity with Philani Zungu and the comrades from Tongaat who were assaulted and arrested last weekend. They are all facing charges related to connecting electricity. Of course no one is being held to account for the relentless plague of fires that are directly consequent to the refusal of the municipality to electrify shack settlements and, in some instances, the active withdrawal of existing connections. A hundred shacks burnt in New Germany last night.

    In the meantime any queries can be directed to S'bu Zikode at 0835470474.

    Featured post

    Cape High Court Orders Eviction of Joe Slovo Shack Settlement; Residents Vow to Resist

    Cape High Court Orders Eviction of Joe Slovo Shack Settlement; Residents Vow to Resist

    A Report for Abahlali baseMjondolo

    Kerry Chance

    Monday, March 10 2008, CAPE TOWN – Cape Judge President John Hlophe ordered residents of the Joe Slovo shack settlement to be evicted from their homes in Langa and relocated to Delft, as part of the N2 Gateway Project. Thousands of shack dwellers from Langa, as well as some from Delft, congregated at the steps of the Cape Town High Court to express their opposition to the eviction. They carried signs that read, “If We Lose, We Will Appeal” and “We Will Resist the Red Ants.”

    In the packed courtroom, singing could be heard from the remaining crowd outside. Following the decision on Monday, shack dwellers shouted “Phansi Hlophe!” and “Phansi [Housing Minister] Lindiwe Sisulu!” An Anti-Eviction Campaign banner was raised at the front of the crowd that read: “Down with Evictions, Water Cut Offs, & Privatisation, Forward to Community Struggles. Phambili! No Land, No House, No Vote.” Approximately a thousand residents returned to Joe Slovo settlement for a mass meeting to discuss a “resistance Plan B” and the possibility of further legal action in the Bloemfontein Court of Appeal. Residents expressed their solidarity with Delft backyarders, some of whom also attended the meeting.

    The Western Cape Anti-Eviction Campaign, in a press release, referred to the decision on Monday as “bureaucratic madness.” Joe Slovo residents “do not want to go” to Delft, but “there are thousands of backyarders in Delft who need the housing being built there,” stated the press release. Currently, Delft backyarders are living on the pavement alongside new, empty houses. Backyarders previously occupied the new houses and were violently ejected from them last month. The houses are now encircled with barbed wire fencing, and patrolled by private security and metro police.

    Joe Slovo shack dwellers will not be guaranteed occupancy of new houses in Delft, but rather will be placed in “temporary accommodation,” for an unspecified period of time. Residents already relocated to the Delft “temporary accommodation” found that it was made with cancer-causing asbestos, now a matter of investigation. Complaints also have been lodged that the “accommodation” was defective in a variety of other ways, including huge cracks in the walls and leaking roofs.

    The land in Langa, where Joe Slovo shack dwellers have lived for at least nineteen years, will be used for bonded flats, which are too expensive for current residents. Construction of the bonded flats is already underway. Unlike the land in Langa, Delft – dubbed the “Delft Karoo” for its sandy, barren landscape – has no train station, transport costs are high, and it is far from the city centre and Langa, where residents respectively work and children attend school. An estimated 6 000 families, around 20 000 people, will be affected by the eviction order.

    In his decision, Judge Hlophe directed Joe Slovo residents to assist in the removal of their homes, and gave authority to the Sheriff to enforce the order. Residents are required to vacate the land in accordance with a timetable, reported the Cape Times, beginning on March 17 and ending on January 19, 2009 – in time for the 2010 Soccer World Cup. In the courtroom, Judge Hlophe cited no reason for the eviction, but directed residents to the fifty page judgment to read his decision in its entirety.

    The case against Joe Slovo residents, who were represented in Court by the Legal Resources Centre, was brought by Housing Minister Lindiwe Sisulu, Western Cape Housing MEC Richard Dyantyi and Thubelisha Homes, a company in partnership with government and the manger of the N2 Gateway Project, responsible for building the new houses in Delft and the “temporary accommodation.” Judge Hlophe said in his decision that the company and the government are to file affidavits to the courts every eight weeks to report on the implementation of his eviction and relocation orders.

    The Western Cape Anti-Eviction Campaign stated in a press release, “The residents of Joe Slovo wish to make it clear that this is just the beginning of the struggle.”

    On the same day that Judge Hlophe handed down his judgment the report of Miloon Kothari, the United Nations Special Rapporteur on Adequate Housing, on his mission to South Africa was released. It is not uninteresting to compare the two documents.

    Featured post

    Abahlali baseMjondolo Report on the AbM Event for the 3rd International Day In Support of the Haitian People

    Abahlali baseMjondolo Report on the AbM Event for the 3rd International Day In Support of the Haitian People

    Sent: Friday, February 29, 2008 11:20 PM
    Subject: Re: Old and afraid of the world outside

    Comrades!

    As we are going to sleep today, most of us who have watched the video of the suffering of the people of Haiti, as strong as we are, can not enjoy the food that we are lucky to eat, not to mention our inner peace. Abahlali as a Movement would be guilty of a serious offence if today it can not think critical about what needs to be done to stand in Solidarity with the people of Haiti. As today the World enters the 3rd International Day in Solidarity with the Haitian People.

    Abahlali baseMjondolo Movement SA. is the World on its own. Hence our members are made out of all four aspects of life that is the physical, mental, emotional and spiritual, the Movement is so concern about the struggle in Haiti. I have tried to capture some of the comments in that deep discussion after the video show on the questions such as what did people feel about the situation in Haiti? What can human beings do about this? What can the Movement do? What can SA as a country do?, What needs to be done? Suppose this was our own scenario, what can we do? A lot of discussion was generated. Some of the responses were as follow:

    Zodwa: We are concerned as a Movement, can’t we write letters to the Haitian government and secretary general of the UN and express our deepest concerns about this inhumanity. This is so painful that we can keep quite about it.

    Louisa: It sounds that this situation will finally coming to SA, but why is our country quiet about this. It is said that our own peace icons like Arch Bishop Desmond Tutu and others are not saying anything, the SA media does not say anything.

    System: This is so touching if we can hear direct from them, what form of support or help will they want from us. May be we should hear direct from them what is their constitution like, does it allow them to march or not, then we can assist and advice them on our own experience.

    Mazwi: I do not see the people of Haiti. I see my sisters, my brothers, my mother and my father. I can not be silenced because this video is not seen in SA. I am sure it started slowly and softly like How Senior Superintended Glen Nayager of Sydenham SA Police brutalizes Abahlali. It may be coming to us.

    Fanwell: I think we should consider contacting the Haitian Embasy in SA and invite him/her to Abahlali meetings and have a discussion with him/her, so that we tell him or her how concern Abahlali are with UN/US invasion of Haiti without the will of its citizens. Let us share this video with this embassy. It is clear that the UN is controlled by the US. We should tackle this issue with the highest possible level, let us approach International Court of Justice and see how far we can go in support and defence of democracy in Haiti.

    Mafelubala: We need to set up a mass prayer and mobilize our communities and pray in our individual space. This is so touching. We still believe to the Only God of the Universe that one day things will change.

    Mzi: I feel so bad about this video, let us not see this pain as an isolated evidence of an attack against the poor. We do not know how it got started, may be it is the same battle that we are waging. I feel we should raise funds for them, each cent will count to support them.

    Each member vows to write some solidarity message for the support of the oppressed, each member vows to take this picture and information to their churches to share it to all members of the church and ask every one to pray. Some will take it to their schools and those studying at the UKZN will do like wise. On the 21 March Abahlali vows to mourn the violation of Human Right in Haiti as SA celebrates its Human Right Day. The Movement will conscientise the people of SA about the slaughtering of the Haitian people by UN/US forces. Its is so disturbing having seen murdering of babies, young children and women in a war of this nature. The world is not doing enough to condemn the killing of innocents. Who gains out of this blood shed? Who feels proud of governing a country of pain, slaughtering and death? Maybe none from the poor amongst the indigenous people of Haiti, maybe the rich working with someone from outside Haiti? Haiti please wake up, be careful of the real third force. Members felt they do not have so much to fight for peace and justice in Haiti but at least each member is so ready to reach spiritual, clean in hands, committed to peace and justice.

    With all our hearts, love, strength, ears, eyes, prayer etc we will do what ever we can to contribute to peace and justice to all who suffers the brutality of injustices in Haiti, Kenya, Zimbabwe and elsewhere in the world. Amandla is still yours to overcome the evil oppression. We want to further salute those who are working hard taking pictures, information, sending the video over and keep the world informed.

    Compiled by S’bu Zikode
    Abahlali baseMjondolo Movement in South Africa

    Visit Haiti Solidarity at http://www.haitisolidarity.net, Haiti Action at http://www.haitiaction.net and Haitian Analysis at http://www.haitianalysis.com.

    Also see:

  • City by City Report on International Day of Solidarity with the Haitian People, 22 March 2008
  • Letter of solidarity and support for the people of Haiti, UKZN Peace Studies students, 6 March 2008
  • 56 Actions in 47 Cities for Haiti, Report on the 3rd International Day of Solidarity for Haiti, 1 March 2008
  • Interview with Peter Hallward, Peter Hallward interviewed by Jacques Depelchin on Pambazuka, February 2008
  • Peter Hallward Reviews Alex Dupuy’s The Prophet and Power: Jean-Bertrand Aristide, the International Community and Haiti, Peter Hallward, August 2008
  • Operation Zero in Haiti Peter Hallward, May 2007
  • An interview with Jean-Bertrand Aristide, Peter Hallward, February 2007
  • Pictures of the 2007 Abahlali baseMjondolo event organised in solidarity with Haiti, February 2007
  • Who Removed Aristide?, Paul Farmer, April 2004
  • Haitian Inspiration, Peter Hallward, January 2004
  • Featured post

    Abahlali Basemjondolo bayisa uHulumeni Wesifunda enkantolo ngokushaywa komthetho wokudilizwa kwemijondolo

    Abahlali Basemjondolo bayisa uHulumeni Wesifunda enkantolo ngokushaywa komthetho wokudilizwa kwemijondolo

    NgoLwesibili safaka isicelo enkantolo ephakeme sicela ukuthi inkantolo iveze ukuthi umthetho wesifundazwe sakwa Zulu Natal wokudilizwa kwemijondolo awuhambisani nomthewtho sisekelo wezwe. Namuhla sizwakalisa ukuthi isikhonzi senkantolo sesiwahambisile amaphepha anezethulo zethu kwizikhulu zikahulumeni wesifunda. Iziphakamiso zethu kanye neze sifunda zisezithebeni ukuze izwe lonke lazi ngazo.

    Umthetho wokudilizwa kwemijondolo uwukuhlasela abantu abampofu futhi kuthakaselwa kakhulu izinkampani ezidayisa ngemihlaba nakuba abampofu lokhu kubakhalisa. Kucaca ngokusobala ukuthi lomthetho usibuyisela emuva emithethweni yobandlululo njengo (Slums Act sika 1934) kanye nomthetho ka 1951 owawuphikisana nokuhlala endaweni ngaphandle kwemvume. Namuhla sithi emnyangweni wezezindlu akubekhona ingqungquthela ezothanyelwa izinhlangano ezikhethwe ngentando yeningi ezizoxoxisana nohulumeni ngemithetho nezinhlelo zokwakhiwa kwezindlu. Ngeke sikwamukele ukuthi kulomzabalazo ongaka singaqhubela silawulwe imigomo engasiphumelelisi ndawo.

    Sithi uhulumeni wethu akafunde kwamanye amazwe ngemithetho elawula izinhlelo zokwakhi wa kwezindlu. Singaphawula amazwe afana nezwe lase Brazil kanye nelase Thailand. Sidinga imithetho ezoqinisekisa amalungelo abantu abampofu emadolobheni. Sidinga imithetho ezoqin isekisa ukuthi imihlaba esemadolobheni yabiwa ngokwezidingo zabantu hayi nje ngokwezidingo zongxiwankulu. Sidinga imithetho ezovikela abantu abahlala emijondolo ukuthi bangabulawa imililo, izikhukhula njengoba kwenzeka e Ash Road eMgungundlovu, ukungalandwa kwemfucuza kanye nezifo ezibangelwa ukungabiko kwezindlu zangasese. Sidinga imithetho ezovimba omasipala ukuthi bachitha imali eningi kwakhiwa izinkundla zemidlalo nezindawo zokungcebelaka sibe thina nezingane zethu sisha nemililo emjondolo, namagundane edla izingane. Kuyinhlamba kithi ukuthi imali iyamoshwa kodwa abantu bebe bebulawa indlala. Sidinga imithetho ezoqinisekisa ukuthi amadolobha ethu ayindawo ephephile kubantu besimame nezingane, nokuthi amaphoyisa azosebenzela abantu, kube nogesi womuntu wonke, izindlu zangasese eziphephile kanye nezokuthutha ezisezingeni elingcono. Sidinga imithetho ezoqinisekisa ukuthi kunoxhaso olubhekene nezinkulisa ezindaweni esihlala kuzo. Imithetho ezovimba ukuthi izizukulwane ezintathu zinqwabelane endlini engamasikwemitha angu 30 ngoba lokho kuthina kuyingcindezelo akusiyo intuthuko. Sidinga imithetho ezonika izidingo nqangi nezinsiza ezifana nezikhungo zezempilo, imitapo yolwazi, ezokuthutha ezibiza kangcono izinkundla kubantu abaxoshwa ezindaweni bayiswa ezindaweni ezifana ne Parkgate ePhoenix kanye neFrance eMgundundlovu. Sidinga imithetho ezonika abantu abampofu amandla okuthatha izinqumo ngendlela abathanda ukuphila ngayo, kubeyibo ababamba iqhaza elikhulu ekuhleleni ukuthi indawo yabo yakhiwe kanjani ngokubambisana nohulumeni kungabi nje ukuthi bathathwelwa izinqumo uhulumeni nezinhlangano asebenzisana nazo.
    Ngonhlaka 28 September 2007 sabhikisha ngobuningi bethu silwa nalomthetho, sashaywa abangu 14 phakathi kwethu baboshwa.

    Ngomhlaka 21 June 2007 sathumela ithimba lethu ephalamende lesifunda ukuyophikisa lomthetho kodwa saphucwa ilungelo lokhuluma.

    Ngomhlaka 4 May 2007 sabuthana ehholo lomphakathi e Kennedy ukuzoveza ngokusobala kuhulumeni ukuthi lomthetho asiwufuni kodwa asizange sinakwe.
    Siya enkantolo ngoba siyazi ukuthi enkantolo ngeke sishaywe, noma siboshwe, noma siphucwe ilungelo lokukhuluma noma singanakwa.

    Ngenkathi lomthetho usavivinywa sawufunda umusho ngomusho sizihlukanise ngamaqembu amancane. Sabe sesenza iziphakamiso saxoxisana namalungu ethu ase Thekwini, Pinetown nase Mgungundlovu, ngezizathu nangamaphuzu enza sigxeke lomthetho. Saphinda sahlaba ikhwela lokuthi bonke abathintekayo nabamele ubulungiswa ababhukule babambe iqhaza emkhankasweni wokuqeda lomthetho. Isikhungo sezomthetho e Goli (i CALS) sasabela ngokukhulu ukuzimisela. Kwabakhona uchungechunge lezingxoxo kuboniswana kwaze kwaba kunohlu olwakhiwayo lwezethulo esilufaka enkantolo ephakeme. Konke lokhu kwenziwa ngokubambisana nethimba lethu lezincitha buchopho ezingabahlali basemjondolo. Lelithimba nalo konke elikwenzayo nelikushoyo likuthatha kumalungu ombutho wabahlali basemjondolo. Abameli abaphuma kwa CALS baya enkantolo hayi nje namathemba abantu basemijondolo kodwa namaphuzu okuhlaziya enziwe yibo kanye abahlali basemjondolo. Siya batusa kakhulu abakwa CALS ngabakwenzile.

    Kukho konke ukuboshwa esake sabhekana nako kusikela ngo 2005, akukho nelilodwa ilungu lethu eselake latholakala linecala. Asikaze futhi sihlulwe enkantolo uma siyisa uhulumeni. Sahlula imenenja yeTheku iphikisa imashi yethu ngo 2006, sahlula umasipala echitha imijondolo ngokungemthetho ngo 2006 ngokubambisana nabameli bakwa LRC. Nabo futhi sibatusa kakhulu.

    Namuhla usuku olukhulu kithina bahlali basemjondolo ngoba siyabona ukuthi asisodwa.

    Sizwakalisa ukweseka kwethu bonke abahlali basemjondolo abalwisana nokuchithwa kwemizi yabo egameni lokuqedwa kwemijondolo, ikakhulukazi ozakwethu baseKapa abaphikisana nokuxoshwa ngenkani. Siseka yonke imizamo yabo yokuzicabangela nokuzenzela nokuhola umzabalazo wabo. Siseka nemizabalazo yabantu abathengisa izimpahla ukudla nezithelo emgaqweni. Siseka abahlali basemapulazini abayingxenye yemizabalazo elwa nokudilizwa kwezindlu zabo, ukudliwa kwemfuyo nokuxoshwa emapulazini, ikakhulukazi abahlali base Nkwalini.

    Siseka nomzabalazo wabahlali baseZimbabwe abadilizelwa izindlu zabo ngaphansi kohlelo iMurambatswina. Siseka umzabalazo wabahlali baseHaiti abalwa nokucindezelwa ngamazwe ayizikhondlakhondla njengeMelika.

    Wonke umuntu ubalulekile ngakho udinga ukuvikeleka kanye nokuhlonishwa kwesithunzi sakhe. Asikwamukeli ukuthi abantu abampofu baphila emijondolo abanye bahlala ezindlini ezingekho esimweni esamukelekile. Kumele siqhubeke nokwakha izikhungo zethu zokuhlaziya amacebo okunqoba kulomzabalazo. Asilwe nokuxoshwa ngenkani, siqhubezele phambili umzabalazo womhlaba nezindlu kuwo wonke amadolobha.

    Izindawo esihlala kuzo zingamakhaya kithi akusiyo nje imijondolo yokudilizwa.

    Phansi nomthetho ogunyaza ukudilizwa kwemijondolo, iSlums Act.

    Featured post

    Dear Mandela Video

    This 5 minute film is called Dear Mandela and its by the people at Sleeping Giant Films who also work with the University of the Poor in the U.S. To watch it click on play above or go to: http://www.youtube.com/watch?v=fZWIZX_8ub8

    It includes footage of the December 2007 Shannon Drive evictions and the aftermath of the 2007 Christmas Day Foreman Road fire.

    Courtesy of Sleeping Giant Films.

    PAMBAZUKA NEWS # 349

    CHRISTOPHER NIZZA AND DARA KELL TALK ABOUT THEIR DOCUMENTARY ‘DEAR MANDELA’
    Pambazuka Editors

    Pambazuka News is pleased to bring you this interview with the directors of the documentary ‘Dear Mandela’, Christopher Nizza and Dara Kell. ‘Dear Mandela’ deals with the growing contradictions in post-Apartheid South Africa where the majority black poor continue to be victimized by the state through measures such as forced evictions. Abahlali baseMjondolo, a new social movement of shackdwellers is challenging the conditions as well as the state of democracy itself in the country – what one the respondents in the documentary calls “new apartheid”. You can see a clip of this important and timely documentary at http://www.youtube.com/watch?v=fZWIZX_8ub8.

    PAMBAZUKA NEWS: The first question is on the title – Why ‘Dear Mandela’ and not Mbeki?

    CHRISTOPHER NIZZA AND DARA KELL: ‘Dear Mandela’ examines how the lives of the poorest South Africans – those who had the most hope when Apartheid officially ended in 1994 – have changed in the 17 years since Mandela was released from prison. . Again and again, we heard appreciation for what Mandela did – that he sacrificed twenty-seven years of his freedom for the freedom of South Africans. The name ‘Dear Mandela’ emerged after spending time with shack dwellers who told us they saw Nelson Mandela as a ‘second Jesus Christ’. For many South Africans, when Mandela was released from prison, a ‘better life for all’, which became the rallying cry for the newly elected ANC government finally seemed possible. The people we interviewed often wondered how Mandela would feel if he was allowed to visit the informal settlements, if he saw that conditions have not only failed to improve since the end of Apartheid, they have worsened. Mandela seemed to many of the people we spoke to, to be the one person who could change things, and so this short film almost takes the form of a plea – not just to Mandela, but to the world – to see what has been deliberately kept from view by a current South African government intent on creating ‘world class cities’ in preparation for the 2010 Soccer World Cup.

    PAMBAZUKA NEWS: Can you talk to PZN about the evictions? How are they reminiscent of the apartheid government? Or is that too much of a stretch?

    CHRISTOPHER NIZZA AND DARA KELL: While we were filming in Durban with Abahlali baseMjondolo, we spoke to many shack dwellers who were facing eviction. Zamise Hohlo, a sixteen-year-old girl who was born and still lives in the Shannon Drive informal settlement, told us that municipal workers came and demolished her shack while she was at work. Sitting amidst the wreckage, she told us that she was at a crossroads: she could rebuild her shack, but the municipal workers had informed her that if she rebuilt, they would just come and tear it down again.

    We have found that there are stereotypes about shack dwellers that go against all of our experience in the time we spent with them. These stereotypes make it easier for the public to turn a blind eye to what is happening them, and make it easier for municipal workers to do their job of ‘clearing the slums’. One of the reasons we want to make this film is because by letting the shack dwellers speak for themselves, their dignity is respected, and our hope is that viewers will be able to see the shack dwellers not as illegal squatters who should be pushed out of the city, but as citizens of South Africa who have the same rights to housing under the Constitution.

    Yes, in some ways the evictions are reminiscent of evictions during the Apartheid era. The notorious new ‘Slums Act’ certainly evokes the Native Land Act of 1913, The Group Areas Act of 1950, The Prevention of Illegal Squatting Act of 1951 – acts which remove people from their communities and place them far away from the city, away from work, school, clinics. Some shack dwellers told us that what they are experiencing is a ‘New Apartheid’ between the rich and poor. Indeed, several people we interviewed said that life was better under Apartheid. The statistics suggest that life for the poorest of the poor was better under Apartheid – a UN study showed that the number of people living on less that $1 a day has doubled since 1994. These charges are sure to stir controversy and that is one of the motivations we have to continue on this project, to illuminate the rarely told story of post-apartheid South Africa?s most marginalized.

    PAMBAZUKA NEWS: Can you talk about the role of film in bringing about change?

    CHRISTOPHER NIZZA AND DARA KELL: In much of the world, the way we communicate is visual. The visual medium is a language that everyone understands from advertisements on the street to television to a growing use of the Internet. While we are working towards a longer film, we posted the 6-minute version of ‘Dear Mandela’ on YouTube and were able to share the insights and struggles of South African shack dwellers instantaneously. Within days, hundreds of people had watched the film. In an age where the gap between rich and poor is increasing globally, there is a need for stories which show not just the plight of the poor, but the fight that they are engaged in. This is one of the main ideas behind Sleeping Giant, our media collective/production company. The corporate media and even some prominent left academics tend to stereotype the world’s poor as being this unruly mass of dangerous, lazy, uneducated people unable to contribute to discussions about issues affecting them most. Through film and video projects produced involving groups like Abahlali we hope to smash those stereotypes by providing a space for people to tell the story of their plight and fight thus projecting a more realistic portrayal.

    Those who are struggling to survive while organizing for a better life need our encouragement and support. The film is a celebration of the work of Abahlali as well of the almost sacred meeting space they have created, where old and young are welcomed and respected; of their refusal to accept the broken promises of the government; of their continuing to march in peaceful protest in the face of intimidating police brutality. And so while many of the stories in ‘Dear Mandela’ are disheartening, what we want to portray is a community that is figuring out the real meaning of democracy – democracy that is a far cry from ‘one man, one vote’ – it’s what Abahlali calls a ‘living politics.’

    We’ve done research, and some preliminary filming, and the six-minute film ‘Dear Mandela’ is the culmination of that effort, but we intend to return for a much longer time, where we aim to interview government officials and other relevant players, to show many more sides of a very complex situation

    PAMBAZUKA NEWS: What other films have you made/are making?

    CHRISTOPHER NIZZA AND DARA KELL This is our first venture into the world of feature documentary filmmaking. We have both worked as editors on other documentaries, like the Academy Award-nominated Jesus Camp, State of Fear, and others. We have also led filmmaking workshops for community leaders, to both encourage the use of media in their political work and transfer the skills required to produce media.

    PAMBAZUKA NEWS: What can other Africans and international friends do to help out?

    CHRISTOPHER NIZZA AND DARA KELL: From what we could see a major problem for Abahlali is lack of resources. We witnessed how they maximize literally every rusted nail and every tattered piece of wood. This goes on to money that is raised as all funds are decided by collective how to be spent. We saw this as some money came in following the tragic Christmas night shack fires at the Foreman Road. Very careful and respectful consideration goes into how all monies are spent. It is much different then donating money to an NGO where the people living in struggle are more often not the ones making decisions. People interesting in supporting can get some ideas here (http://www.abahlali.org/node/269) on the Abahlali website. The website is also extremely rich with days worth of wonderful reading for anyone interested in this extremely important and courageous work.

    *Dara Kell is a South African documentary filmmaker. She divides her time between South Africa and New York, where she edits documentaries and leads grassroots video-making workshops.

    **Christopher Nizza is a New York born, bred and based director and editor. He also has worked on a project in the U.S. called the University of the Poor which works to provide education and exchange in a variety of disciplines to organizations working in the struggle to end poverty forever.

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    Solidarity: 3 Children Shot in Delft

    Western Cape Anti-Eviction Campaign
    URGENT NEWSFLASH!! (For updates, including video footage, visit the new Anti-Eviction Campaign site here)
    10:57am
    Tuesday 19 February 2008

    POLICE SHOOT THREE CHILDREN IN DELFT

    Police proceed with unlawful eviction of 1600 residents in Delft, Cape Town

    Police have started shooting people at close range in Delft. There is pandemonium and brutality. Following yesterday’s ruling in the High Court which uphold’s Thubelisha Homes and the state’s eviction order against the community, the residents decided to appeal at the Supreme Court of Appeal in Bloemfontein. The lawyers worked through the night doing the paperwork for this appeal.

    Right now, Ashraf Cassiem, Anti-Eviction Campaign Legal Co-ordinator is still finalising the paperwork for the case to go to the Supreme Court of Appeal but the police decided to proceed with the evictions anyway. All the Anti-Eviction Campaign co-ordinators have advised the police that there is another legal case pending and they have no authority to evict until the legal process is exhausted but they are doing it anyway. This is unlawful.

    Mncedisi Twalo of the Gugulethu Anti-Eviction Campaign was making a speech to the people of Delft urging them to sit down on the spot, and the police suddenly opened fire on him and the Delft residents who were directly in front of them – very close range.

    20 residents have been injured and rushed to hospital, including the three children.

    There are an estimated 55 dogs on the scene. Peoples’ furniture is almost totally destroyed with the police going out of their way to trash it instead of removing it in an orderly fashion.

    Police are now trying to drive all the residents off the site away from their furniture and residents are trying to resist.

    For comment from the scene call Ashraf Cassiem on 076 1861408 or Mzonke Poni on 073 2562036 or Mncedisi Twalo on 078 5808646

    Also see Martin Legassick’s article, Background to the Delft Evictions.

    Western Cape Anti-Eviction Campaign
    19 February 2008
    2:55am

    Urgent Appeal

    Delft, Cape Town – The Anti-Eviction Campaign is sending out this urgent appeal to all concerned NGOs, members of the press, and caring citizens.

    A few hours from now, hundreds of police, private mercenary security forces and possibly the South African Army will move into Delft Symphony to evict over 2,000 of Cape Town’s poorest families. If the South African government succeeds in evicting these residents, about 8,000 people will become homeless within a few hours. These families, with absolutely nowhere to go, will be sleeping on the street as internal refugees with no access to toilets, clean water, electricity, etc. Since the South African government has no plans for alternative housing for these families, this could easily become a humanitarian crisis with children missing school and families becoming sick because of lack of sanitation. Moreover, many of the residents are elderly and/or disabled and will need immediate assistance as they are being thrown onto the streets.

    Therefore, the AEC is calling on anyone and everyone to come to Delft first thing in the morning (as early as 6am) and support the residents. We are calling on the South African Red Cross, the Mustadafin Foundation, ZAKAH Fund, Gift of the Givers, Eye on the Child, UN High Commission for Refugees, Foundation for Human Rights, Child Welfare Society, Human Rights Foundation, South African Hospice Society, Children’s Resource Centre, the SPCA, the Public Protector, the Human Rights Commission,to provide crucial humanitarian support for residents. Children’s NGOs are also welcome to provide support and solidarity towards the 1000-2000 children who will be made homeless and traumatised by police violence. Concerned press are invited to come help. and any concerned Cape Townians are invited out to Delft Symphony to show their solidarity and assist needy residents. AEC also invites the Independent Complaints Directorate to monitor possible police brutality.

    Finally, we are extending a warm invitation to Judge Deon van Zyl (who refused to hear the appeal yesterday) to come see with his own eyes the oppressive nature of his judgment.

    Please visit our website for up-to-date developments on the situation in Delft: www.westerncapeantieviction.wordpress.com

    If you would like to donate to the AEC Fund for Appeal to the Constitutional Court, please contact Ashraf Cassiem on 076 1861408. If we are able to raise 50,000 Rand (10,000 has already been raised by the community itself), we will be able to stop the evictions tomorrow.

    For more information contact Ashraf Cassiem on the scene at 076 1861408, or Mncedisi Twalo 078 5808646 or Pamela Beukes on 079 3709614 or Mzonke Poni on 073 2562036

    18:43pm
    18 February 2008

    Evictions Begin Despite Pending Appeal

    There is a huge public meeting of the 1600 Delft residents who occupied the new houses going on right now in Delft. The residents lost their appeal at 4pm against an ANC government/Thubelisha Homes High Court eviction order.

    Although they are planning to appeal to the Supreme Court of Appeal in Bloemfontein and if that fails, the Constitutional Court, the police as well as massive amounts of heavily armed private security and about 100 vicious dogs, have told the residents that they plan to carry out the eviction order tonight, as soon as darkness falls.

    The people there plan a peaceful resistance.

    The Anti-Eviction Campaign condemns this cowardly act of evicting mainly women and children and babies in the dead of night using vicious dogs. We are very concerned about the high number of injuries that are likely to occur from a night eviction under these circumstances, not to mention the damage to peoples property.

    We urge all concerned to rush to the scene!

    ** Please call Ashraf Cassiem on the scene on 076 1861408, or Mncedisi Twalo 078 5808646 or Pamela Beukes on 079 3709614 or Mzonke Poni on 073 2562036 **

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

    Delft Residents Lose Appeal

    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

    Monday 18th February 2008
    4pm

    Resistance to Evictions in Gugulethu

    GUGULETHU – This Wednesday, 20th February 2008, at 12 noon, the Anti-Eviction Campaign is going to take back the person who was evicted in NY6.

    She is the rightful owner of the house.

    She was evicted by a member of the ANC who carried out the eviction in the name of the ANC, thereby intimidating the rightful owner of the house who has now called upon the Anti-Eviction Campaign for assistance.

    We want the media to attend.

    This is part of the Anti-Eviction Campaign’s war on evictions in Gugulethu. Another massive meeting of Gugulethu and all surrounding areas took place last Sunday and will take place again this Sunday. The Mayor failed to attend but the meeting resolved to march on the Cape Town Civic Centre (Mayor’s office) on Thursday 6th March 2008.

    For more information contact Mnce on 078 808646

    Please distribute widely:

    TO ALL PROGRESSIVE ORGANISATIONS IN NZ AND AUSTRALIA

    While not intending in any way to distract from the movement against ongoing “terrorist” arrests in NZ, we’re sending the following thread from the past two days as an example of the rapidity that anti-social and illegal governmental actions can move – against the fundamental rights of the poorest citizens in South Africa!!

    These folk also need all the immediate support they can get. Please send:

    protest messages to the Mayor of Cape Town, Helen Zille:
    mayor@capetown.gov.za

    Housing Minister Lindiwe Sisulu:
    mareldia@housing.gov.za

    solidarity messages to:
    wcantievictioncampaign@gmail.com
    (copy messages back to CAP at my address please)

    and consider financial contributions to the organised community in Delft.

    For updates:
    http://www.westerncapeantieviction.wordpress.com
    or: wcantievictioncampaign@gmail.com

    In solidarity
    Jim Gladwin
    for Citizens Against Privatisation
    Auckland
    New Zealand
    —————————–

    First Media Responses

    ** see first story – isn’t ‘crossfire’ when 2 sides are shooting? Only one side was shooting in Delft **

    The Argus 19/2/2008

    Children caught in crossfire, say residents

    February 19 2008 at 12:34PM

    Delft residents resisting eviction were fired on by police with rubber bullets and stun grenades on Tuesday morning.Scenes of chaos and violence erupted as people tried to pull their belongings from removal trucks.It is unclear how many were injured, but residents claimed that some children who were caught in the crossfire were rushed to hospital.Security teams moved into the area at 4.30am and began evicting illegal occupants from their N2 Gateway houses after an application by about 1 600 people were refused leave to appeal against their eviction in the High Court on Monday A large crowd was gathering at a major traffic intersection in the area and police were arriving in riot gear.
    http://www.int.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20080219122723501C931818

    SAPA 19/2/2008

    Police open fire in Delft

    February 19 2008 at 12:03PM

    Police have opened fire on people resisting eviction from newly built homes at Delft on the Cape Flats, activists said on Tuesday morning.The Western Cape Anti-Eviction Campaign said shortly before 11am that there was “pandemonium” at the scene, and that 20 people were injured in the shooting.Police spokesperson Superintendent Andre Traut said police had been obliged to use “some sort of force” after the illegal occupants of the houses became violent and threw stones at police and personnel of the sheriff of the court.”They prevented the sheriff of the court personnel from executing the eviction order and on those ground the police were necessitated to act,” he said. A “small amount” of rubber bullets and stun grenades were used.He had a preliminary tally of seven people with minor injuries as a result of the shooting, all of whom were treated on the scene by emergency services personnel.The campaign said in a statement that private security guards and police moved on site early on Tuesday morning to evict over 1 000 people who illegally occupied the houses, meant for residents of an informal settlement being cleared to make way for the government’s flagship Gateway housing project.This followed a Cape High Court judge’s rejection on Monday afternoon of an application by the occupants for leave to appeal against an eviction order.The campaign said that following the Monday ruling, the residents had decided to approach the Supreme Court of Appeal in Bloemfontein.Lawyers had worked through the night doing the paperwork for this.”All the anti-eviction campaign co-ordinators have advised the police that there is another legal case pending and they have no authority to evict until the legal process is exhausted but they are doing it anyway,” the campaign said in a statement.”This is unlawful…. Mncedisi Twalo of the Gugulethu Anti-Eviction Campaign was making a speech to the people of Delft urging them to sit down on the spot, and the police suddenly opened fire on him and the Delft residents who were directly in front of them.”Twenty residents have been injured and rushed to hospital, including… three children.”Traut said the police were not involved in the actual evictions, and were on the scene only to maintain law and order. – Sapa
    http://www.int.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20080219120203118C739732

    News 24.com 19/2/2008

    Court turns down Delft appeal

    ? ‘I’m not going to move’

    ? Housing verdict sparks chaos

    ? Dwellers chant outside court

    ? Delft evictions halted

    ? Eviction for Gateway dwellers

    Cape Town – The High Court has 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 18:00 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 a final one.

    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.

    ‘Not in lawful occupation’

    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 André 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.

    He said there would be anarchy in the country if this were allowed.

    Coetzee said the reality was that eviction would leave people homeless, but Judge 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.

    Have nowhere else to go

    “The judge, the 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.

    http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2272979,00.html

    ___________________________________________

    SAPA 19/2/2008

    Police cordon off delft area

    February 19 2008 at 07:40AM

    Heavily armed police and security officials have cordoned off with barbed wire the area in Delft where the eviction of about 1 000 backyard dwellers is set to go ahead on Tuesday, SABC news reported.

    The Western Cape’s anti-eviction campaign has appealed to Delft residents not to resort to violence.

    This follows the dismissal on Monday of backyard dwellers application for leave to appeal an eviction order in the Cape High Court.

    More than 1 000 backyard dwellers are illegally occupying housing units which are part of the N2 gateway housing project.

    A lawyer for the backyard dwellers William Booth said that they were considering petitioning the Supreme Court of Appeal in Bloemfontein against the High Court ruling. – Sapa

    http://www.int.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20080219072757742C486422

    ________________________________

    News 24.com 18/2/008

    ‘I’m not going to move’

    18/02/2008 15:40 – (SA)

    Beverley Jacobs sits in an illegally occupied house in Delft. (Ruvan Boshoff, News24)

    ? Housing verdict sparks chaos

    ? Dwellers chant outside court

    ? Delft evictions halted

    ? Eviction for Gateway dwellers

    ? Slovo eviction bid dismissed

    ? Delft evictions photo essay

    Verashni Pillay

    Click here to watch News24’s report on this issue.
    Note: This report features sound.

    Cape Town – After three years of watching government’s N2 Gateway housing project going up in Delft, more than 1 000 residents were crushed when told the houses were intended for another community altogether. Feeling they had little choice, these residents decided to illegally occupy the houses last December.

    Just on two months later, the Cape High Court granted an eviction order forcing the “home invaders” to vacate the occupied premises.

    It will be yet another move for mother-of-three Beverley Jacobs, 39, who has never lived in one place for more than a year.

    Angry and disappointed, the community made the anonymous houses their own when Thubelisha Homes, the BEE company hired to build houses all over the country, closed the building site for the December holidays.

    And as the housing crisis appears to be seemingly insurmountable, Housing Minister Lindiwe Sisulu faces growing criticism, court proceedings and one delay after another.

    ‘Top-down approach’

    In its 2004-5 report the Development Action Group, an NGO, wrote: “The top-down approach in the N2 project undermines its overall sustainability… The casual, continued and increasing practice of excluding people from decision-making about development processes that directly affect their lives is an obstacle that communities are unlikely to tolerate for much longer.”

    It was an accurate prediction. The attempt to move thousands of people around and clear away shack dwellings ran into massive problems when none of those people had a say in their movements.

    The use of force and lack of consultation invoked memories of the apartheid government’s forced removals in the 60s and 70s.

    Their dissatisfaction was met with sympathy by DA councillor Frank Martin – people chanted his name as they marched to Thubelisha’s offices last Thursday.

    In his ruling, Judge Deon Van Zyl slammed the councillor for misleading the community who were “wrongly advised by people who should have known better”.

    False prophet

    Itumeleng Kotsoane, DG of the Department of Housing, had the harshest words, calling Martin (pictured left) a false prophet and a “would-be politician struggling to build a career at the expense of the poor”.

    Yet, despite facing criminal charges, Martin has gathered a task team of loyal community activists like Beverley around him.

    “I am not moving,” she announces adamantly. “If they demolish me I will demolish this house.”

    Further along the N2, Mzwanele Zulu, 33, a Joe Slovo resident has been waiting for eight years for housing.

    The shack dwellers of Joe Slovo, in Langa, were expecting subsidised government houses to be built on the site of the settlement.

    But government’s plans are to relocate, by force if necessary, residents from Joe Slovo informal settlement into the housing project in Delft.

    The relocation would effectively disrupt their livelihood, residents believe. Joe Slovo is close to trains and within walking distance to many of its residents’ places of work.

    The Development Action Group has found that 63% of people who were moved from Joe Slovo to Delft in the past were either fired or retrenched because they were often late or simply did not arrive for work because of lack of transport.

    Democracy by the rich

    Mzwanele (pictured right), a former security guard who moved to Cape Town from the Eastern Cape in 2000, recalls the forced removals of District 6 when people of colour were forced out of Cape Town’s CBD.

    “Now under this democracy,” he stops and laughs bitterly. “Or this so-called democracy by the rich, people are being chased away again. Are we not supposed to be living near the CBDs? Is it because we are black – perhaps that is the reason why.”

    Martin Legassick, a history professor at the University of the Western Cape, slammed the “high-handedness of Sisulu” in an article.

    He called on her to meet with and listen to Joe Slovo residents as well as Delft residents. “Then it will become clear to her that both communities are united in their demands, and that they can suggest answers to their problems.”

    But Sisulu has stood by her decisions.

    She said Thubelisha has been instructed to help the residents move back to their “previous places of accommodation” and to provide them with transport and a temporary advice centre.

    Meanwhile, Western Cape local government and housing minister, Richard Dyantyi, said he would announce alternative arrangements for people needing accommodation.

    But the people of Delft insist on staying. “Whatever is going to happen I’m not going to move,” says Beverley. “I have nowhere to go.”

    Photos by Ruvan Boshoff

    http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2272737,00.html

    ________________________________

    Cape Times 18/2/2008

    Delft residents lose eviction appeal

    February 19 2008 at 08:32AM

    By Babalo Ndenze and Aziz Hartley

    The 1 600 Delft residents – some heavily pregnant, others elderly – who had illegally occupied N2 Gateway houses will on Tuesday morning begin the task of finding other accommodation following Monday’s Cape High Court refusal to allow them leave to appeal against their eviction.

    On Monday night the area had a big police presence, but no serious incidents were reported. A few residents burnt tyres on the streets before they held two community meetings where the residents were briefed about the failed court bid.

    Judge Deon van Zyl ruled their lawyers had more than enough opportunity to raise the arguments listed in their appeal, and that the application lodged last Friday was a deliberate attempt to delay eviction.

    He found the lawyers’ conduct “unprofessional in the extreme” and a matter worth reporting to the Law Society.

    On February 6, Van Zyl ruled that the families should vacate the houses by 6pm last Sunday, but late on Friday, lawyers for the residents filed an application to appeal his judgment.

    Grounds for the appeal included the personal circumstances of the families illegally occupying the houses, the manner in which the government allocated houses built in Delft and that the court should have ordered the opposing parties to seek mediation.

    But Van Zyl would have none of it and dismissed the application with costs.

    Residents will now have to put money together to take the matter to the Supreme Court of Appeal in Bloemfontein in about 90 hours, said the Western Cape Anti-Eviction Campaign’s Mncedisi Twalo.

    “We’re taking this thing to Bloemfontein,” said Twalo.

    He said the residents have been told to abide by the ruling and remove all their belongings by Tuesday. “We don’t want our people to get hurt or killed,” said Twalo. However some residents said they wouldn’t move without a fight.

    On of them, a nine-month pregnant Museefa Abrahams said: “They (Thubelisha) intend giving our houses to other people. I won’t be moving.”

    The government and its housing agency, Thubelisha Homes, had first approached the court last year after hundreds of backyard dwellers from Delft and surrounding areas invaded houses still under construction.

    DA ward councillor Frank Martin has been criminally charged with inciting the invasion and was also under investigation by the city council for his alleged role in the invasion.

    Thubelisha director Xhanti Sigcawu said his company contemplated suing Martin for about R20-million for damages caused to houses during the December invasion.

    Martin said he was concerned about the residents and that he would call them to a meeting on Wednesday. He would deal with a damages claim if the matter went to court.

    “I’m not scared of Thubelisha or Xhanti Sigcawu. It will be interesting to see what they sue me for. I will look forward to that challenge,” Martin said.

    aziz.hartley@inl.co.za

    http://www.int.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20080219042850855C977555

    ________________________________

    SABC News 18/2/2008

    Delft dwellers move out

    Delft residents move out of their illegally occupied homes today

    Residents are upset and say they have no alternative accommodation

    February 19, 2008, 08:15

    Backyard dwellers from Delft on the Cape Flats, who have been illegally occupying incomplete houses, have started moving out of the units. The area is being guarded by armed police who have cordoned off the area with barbed wire.

    The Anti-Eviction Campaign has appealed to the dwellers not to resort to violence whilst they are being moved out and their belongings loaded onto trucks.

    Residents are upset and say they have no alternative accommodation. They say they do not even know where the police are taking their possessions.

    Yesterday the Cape High Court dismissed an application to appeal an eviction order granted to Thubelisha Homes a few weeks ago.

    The incomplete houses form part of the N2 Gateway housing project.

    Click here to send this article to a friend Click here for a printable version of this article Spokesperson for the provincial housing ministry Vusi Tshose Residents say they have no other place to go

    http://www.sabcnews.com/politics/the_parties/0,2172,164310,00.html

    ________________________________

    SABC News 17/2/2008

    Govt to provide accommodation to Delft residents

    February 17, 2008, 07:30

    The Western Cape Local Government and Housing Minister, Richard Dyantyi, says he will announce alternative arrangements for people needing accommodation as soon as figures are available from Delft.

    Dyantyi was speaking at a meeting called to discuss the pending eviction of more than 1 000 dwellers who illegally occupied housing units in Delft in December.

    The Cape High Court last week took a decision to grant state property developer, Thubelisha Homes, an eviction order against the illegal occupiers.

    The dwellers filed their application papers for leave to appeal the Cape High Court’s decision on Friday. The matter is expected to be heard some time in the coming week.

    http://www.sabcnews.com/politics/the_parties/0,2172,164310,00.html

    ________________________________

    SAPA 19/2/2008

    Police cordon off delft area

    February 19 2008 at 07:40AM

    Heavily armed police and security officials have cordoned off with barbed wire the area in Delft where the eviction of about 1 000 backyard dwellers is set to go ahead on Tuesday, SABC news reported.

    The Western Cape’s anti-eviction campaign has appealed to Delft residents not to resort to violence.

    This follows the dismissal on Monday of backyard dwellers application for leave to appeal an eviction order in the Cape High Court.

    More than 1 000 backyard dwellers are illegally occupying housing units which are part of the N2 gateway housing project.

    A lawyer for the backyard dwellers William Booth said that they were considering petitioning the Supreme Court of Appeal in Bloemfontein against the High Court ruling. – Sapa

    http://www.int.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20080219072757742C486422

    ________________________________

    SABC News 18/2/2008

    Delft lawyers mull Supreme Court petition

    February 18, 2008, 22:30

    Thubelisha Homes, which manages the N2 Gateway Housing Project outside Cape Town, has welcomed a ruling by the Cape High Court rejecting an appeal by squatters to stay on in illegally occupied houses.

    Spokesperson Prince Xhanti Sigcawu says it is now up to the court sheriff to execute the court order.

    Judge Deon van Zyl ruled that the reasons for the application to appeal had no merit. Sigcawu has welcomed the ruling.

    Lawyers representing the dwellers are considering petitioning the Supreme Court of Appeal. Instructing attorney William Booth says they will discuss that route with their clients. Booth, however, says he still believes that mediation is an alternative means to evictions.

    “… The whole allocation process is problematic and that needs to be addressed, even if people are evicted, they have no alternative housing…” says Booth.

    Meanwhile, hundreds of the backyard dwellers – who are illegally occupying the housing units in Delft – have gathered in an open field in the area to discuss a way forward ahead of their eviction tomorrow morning. The group argues that they have been discriminated against in the process of the allocation of houses.

    Police have been deployed in the area to keep a watchful eye in case of any eventuality.

    http://www.sabcnews.com/south_africa/crime1justice/0,2172,164392,00.html

    _____________________________

    SABC News 17/2/2008

    Cape residents to hold rally against eviction

    Yesterday’s meeting in Delft

    Pandemonium erupted at another meeting yesterday in Delft attended by Western Cape Housing Minister

    February 17, 2008, 12:45

    Tensions are expected to run high at an Anti-Eviction Campaign rally in Gugulethu on the Cape Flats this afternoon. The AEC says they are expecting Cape Town Mayor, Helen Zille, to address them on pending evictions in Gugulethu, Nyanga and Mandela Park.

    However, Zille’s spokesperson, Robert MacDonald, says she will not be attending the gathering. MacDonald says Zille was only informed about the rally on Thursday. He says she will be at an anti-drug march in Macassar near Somerset West later this afternoon.

    “The anti eviction campaign can send questions to the office of the mayor….she will then respond or get a relevant official to answer the questions, but today she will not be able to attend as she already committed to other events.”

    Yesterday, pandemonium erupted at another meeting in Delft where Western Cape Housing Minister Richard Dyantyi met with backyard dwellers, illegally occupying housing units in the area.

    The dwellers disrupted the meeting because their ward councillor Frank Martin was not present. They demanded that he address them but he was not allowed to do so. Martin then stormed out of the gathering and some of the dwellers followed him. Dyantyi continued with the meeting.

    http://www.sabcnews.com/south_africa/general/0,2172,164327,00.html

    _____________________________

    SABC News 17/2/2008

    Court rules against Delft squatters

    Police in Delft

    Cape High Court rejects appeal by Delft squatters to stay on in illegally occupied houses

    February 19, 2008, 05:45

    Thubelisha Homes, which manages the N2 Gateway Housing Project outside Cape Town, has welcomed a ruling by the Cape High Court rejecting an appeal by Delft squatters to stay on in illegally occupied houses.

    Early this month, Judge Deon van Zyl ordered the occupants to leave by the evening of the 17th of February. Legal representation for the community filed for leave to appeal at the last minute on Friday.

    Yesterday, judge van Zyl dismissed the request saying it had no merit. Thubelisha spokesperson Prince Xhanti Sigcawu says it is now up to the court sheriff to execute the court order.

    Lawyers representing the dwellers are considering approaching the Supreme Court of Appeal. The illegal residents say they will not leave because they have been waiting for houses for years.

    Click here to send this article to a friend Click here for a printable version of this article Report on High Court ruling on Delft squatters

    __________________

    Featured post

    Mass Disconnections from Electricity at Gun Point in the Kennedy Road Settlement

    Update: Sunday, 17 February 2008 As predicted there was a serious fire in Kennedy Road following the mass disconnections. It began in one of the shacks disconnected from electricity on Thursday. S'bu Zikode's response to the tragedy of being proven right so quickly is here, Phili Mjoli's article in Isolezwe is here and David Ntseng's photographs are here.

    Friday, 15 February 2008
    Abahlali baseMjondolo Press Release

    City Escalates Its War on the Poor
    Mass Disconnections from Electricity at Gun Point in the Kennedy Road Settlement

    The day after Abahlali baseMjondolo announced that we would be challenging the legality of the notorious Slums Act in court the Kennedy Road settlement was attacked by the Municipality. They arrived with the South African Police Services, including the dog unit, and the Municipal Security. They were very heavily armed. It was clear that they were prepared for a war.

    They began at one side of the settlement and started to disconnect everyone from electricity. They disconnected the people who have connected themselves and they disconnected the people who have prepaid meters in their shacks. They didn’t just disconnect the meters but they dug up the cables and destroyed them. It is clear that they have decided that our disconnection will be permanent. No warning was given and people’s homes were entered without their permission. We estimate that there were more than 300 hundred disconnections.

    The Kennedy Road community immediately held a mass meeting and prepared banners. We expected them to return today to continue the mass disconnection. Many people stayed away from work but they didn’t come. We don’t know when they will come back.

    Electricity is not a luxury. It is a basic right. It is essential for children to do their homework; for safe cooking and heating; for people to charge phones, to be able participate in the national debate through electronic communication (TV discussion programmes, email etc); for lighting to keep women safe and, most of all, to stop the fires that terrorise us. It has been proven that the paraffin stoves are unsafe. Many of our members have been burnt when these stoves have exploded. They have been pulled out of the shops because they have failed but the new gel stoves are failing too. Tonight we must go back to cooking on stoves that could explode any time. Why is the government sending the police to force us to go backwards? Development was supposed to be about moving forwards.

    Our children have nightmares about the fires. What must we tell them tonight? What they fear is very real. On 1 November 2007 Ma Khuzwayo, an amputee who had lived in Kennedy Road for 20 years, was killed in a shack fire.

    In October 2005 we lost a young child, Mhlengi Khumalo. In August 2006 we lost an old man, Baba Dhlomo. In January this year we survived a big fire without loss of life but then in April this year we lost Bennedicta Parkies and a lady we remember only as Ntombi in another big fire.

    And it is not just Kennedy Road. It is Quarry Road, it is Lacey Road, it is Jadhu Place, it is Motala Heights, it is Mayville. The terror of shack fires is everywhere and it will stay everywhere for as long as we are forced to live 13 people in one shack with candles and a paraffin stove because it has been decided that electricity is not for us and that we are not allowed to expand our shacks or to build new ones as our families grow. These fires are terrorising us all the time because the municipality took a decision in 2001 to stop electrifying shacks. These fires are their responsibility.

    This attack on the people of Kennedy Road by the Municipality will probably result in more people being burnt. We will hold them directly responsible, politically and legally, if one person is burnt. We will use the access to information act again. This time we will use it to find out who gave this order. If one person is killed in a fire because of this decision we will lay a charge of culpable homicide against the official that gave the order for this attack on our community.

    Many of us believe that by leaving us to be killed by diarrhoea and fire and rats while they waste millions on casinos, the themepark, stadium and the A1 Grand Prix the Municipality is trying to force us to leave our homes and to accept 'relocation' (which is really 'ruralisation') by forcing us to choose between living with fires and rats and plastic bags for toilets in the city or without fires and rats and plastic bags for toilets in the relocation sites. We need our basic needs to be met in the cities where we can find work, let our children attend good schools and have access to hospitals, libraries, sport facilities and so on.

    Some people have suggested that they have attacked us like this because of the national electricity crisis. If this is the case this is outrageous. Why must be the poor be paid to pay the price for government’s bad planning? The poor are the people who need the most support from government. We have the least resources. We can’t buy generators or install solar panels. Many of don’t even have enough food. The last should be put first.

    Some people think that this is a punishment for taking the government to court to have the Slums Act overturned or for our victory in court were we stopped the illegal evictions in the Arnett Drive settlement. Some people have said that this is the revenge of the police who we are denouncing and suing for beating, shooting and filming themselves torturing us.

    Others think that we have been attacked because the Kennedy Road settlement is where our internet and email are and the truth about our lives and the violent repression of our struggle is embarrassing the government internationally – people are even refusing awards from the government because they know the truth about what is being done to the poor in South Africa.

    It is true that many people in Kennedy Road are self connected to electricity. But everywhere in South Africa the poor connect themselves. And it is not just here. Everywhere in the world – in India, in Brazil, in Turkey, in Nigeria, in Haiti, in Thailand, everywhere – people who are denied basic services by governments take them for themselves. People will always do what they have to do to survive. The solution is not to wage war on the poor. The solution is to meet the basic needs of the poor! There is no other way forward. Not in South Africa or anywhere else will the poor allow ourselves to be expelled from being citizens because we cannot afford to be consumers. The same economy and history that made the rich to be rich made us to be poor. No amount of arrests and beatings and visit by the dog unit will make people accept that the right to live in the city and the right to have electricity and the right to have safe toilets are only for the rich.

    Maybe they should just put us all in a train and take us to Lindela.

    On 28 September we marched on Mayor Obed Mlaba. One of our main demands was for electrification to stop the fires. Instead of being listened to we were attacked and beaten by the police. The church leaders stood up to tell the truth about what happened that day. They have also stood with us when we have mourned the people who have passed away in the fires.

    But we will march against this attack very soon, people are already mobilised and the banners are ready. We will also consider all legal options to have this attack urgently stopped and reversed. We have also demanded an urgent meeting with the head of the City's electricity department. As usual they have just ignored us. We have, for a long time, also been seriously considering legal options to have the Municipality's 2001 decision to stop electrifying shack settlements declared unconstitutional.

    Our struggle to be recognised as human beings continues. Our struggle to survive continues. Our struggle against a Municipality that consistently acts against us with extreme brutality in ways that are often illegal and sometimes directly criminal continues.

    We ask the media and our comrades around the country and around the world to please understand that communication from Abahlali baseMjondolo will be difficult until this latest attack has been rolled back. It will not just be email that will be difficult. Even charging cell phones will not be easy. Our march today in eNkwalini was very powerful. Our clean up campaign in Kennedy Road over the weekend was very successful. Children from poor families in Motala Heights are being excluded from the school. But it will take time to put all this news out.

    We ask our comrades in the churches and the unions and the democratic NGOs and in all the other organisations and movements of the poor to raise their voices loudly and clearly against the inhumanity of this municipality. We ask the municipal workers to stand together and strong in their unions and to refuse to follow orders to attack the poor, their brothers and sisters, sometimes even their co-workers and comrades.

    Sekwanele!

    For more information please contact:

    Mzwakhe Mdlalose 0721328458
    (One of the Kennedy 6, also denied electricty)

    Mondli Mbiko 0731936319
    (Also one of the Kennedy 6, now also denied electricty)

    System Cele 0731033437
    (A victim of severe police violence, now also denied electricity)

    Featured post

    Abahlali baseMjondolo Take the Provincial Government to Court Over the Notorious Slums Act

    Wednesday, 13 February 2008
    3:33 p.m.

    Abahlali baseMjondolo Press Release

    Abahlali baseMjondolo Take the Provincial Government to Court Over the Notorious Slums Act

    On Tuesday we lodged papers in the High Court requesting the Court to declare the notorious KwaZulu-Natal Slums Act unconstitutional. Today we can announce that the sheriff has just served those papers on the provincial government. They and our appeal to the court are now in the public domain.

    The Slums Act is an attack on the poor that has been celebrated by estate agents and lamented by the poor. It is a clear return to the thinking and laws of colonialism (e.g. the 1934 Slums Act) and apartheid (e.g. the 1951 Prevention of Illegal Squatting Act). Today we are calling for a Housing Summit at which all democratic shack dwellers’ organisations can negotiate a new partnership and a new Act with government. After years of protests around the country it is clear that we can not go on with failed policies.

    We need an Act like the City Statute in Brazil or the Kaantabay sa Kauswagan Ordinance in Naga City in Thailand. We need an Act that will guarantee the Right to the City for the poor. We need an Act that will ensure that land in our cities is distributed according to human need and not the greed of the rich. We need an Act that will ensure that no shack dweller must face another year at constant risk of death from life without fire protection, toilets, refuse removal and floods as it is the case in Ash Road settlement in Pietermaritzburg. We need an Act that will ban government expenditure on theme parks and stadiums and newspaper adverts in which politicians promote themselves using the excuse of wishing us happy this and happy that while our children are being killed by rats and diarrhoea and fire. It is an insult to our humanity when money is wasted while people are dying from poverty. We need an Act that will ensure that our cities are safe for women – that the police will serve the people, that there will be lighting, safe toilets and proper public transport. We need an Act that will ensure that there is proper support for community run crèches in each settlement. We need an Act that will make it clear that putting three generations of a family in one room 30 kilometers out of the city is oppression and not a housing programme. We need an Act that will immediately provide subsidised transport, sports fields, clinics and libraries for all the innocent people who have already been forcibly removed out of the cities and sentenced to life in terrible places like Park Gate in Durban and France in Pietermartizburg. We need an Act that will end the top down system of government and NGO planning that has terrorized our people – an Act that will ensure that in each settlement development is planned by the people of that settlement through their organisations in partnership with the government. We need an Act that puts real power in the hands of the people.

    On 28 September 2007 we marched against the Slums Act in our thousands. We were beaten and 14 of us were arrested.

    On 21 June 2007 we sent a delegation to the provincial parliament to oppose the Slums Act there. We were denied the right to speak.

    On 4 May 2007 hundreds of us crowded into the Kennedy Road Hall to tell the government that we are absolutely opposed to the Slums Act. We were ignored.

    We are going to court because we know that in court we will not be beaten, arrested, denied the right to speak or ignored.

    When the Bill was first circulated we read it in small groups line by line. We developed a critique. It is on our website. Click here to read it. We discussed the Bill and our critique in meetings across all our affiliated settlements and branches in Durban, Pinetown and Pietermartizburg. Eventually it was decided to issue a call for all people and organisations opposed to this return to apartheid to join us to plan a campaign against the Bill. By the time the Bill became an Act we had created a task team with one job to do – to eliminate the Slums Act. The Centre for Applied Legal Studies (CALS) in Johannesburg was one of the organisations that responded to our call for solidarity against this Act. They took instruction from our movement at various meetings in the shacks and have developed the papers served today in constant discussion with us. They report to our Elimination of the Slums Act Task Team. The Task Team reports to the movement secretariat and the secretariat reports to all the thousands of Abahlali members across Durban, Pinetown and Pietermartizburg. When our lawyers step into court they will not only be carrying the hopes of thousands of people but they will also be guided by the thinking done in our communities. They have acted with us, not for us. We salute CALS for solidarity in action.

    Despite all the arrests that we have suffered since 2005 not one of our members has ever been found guilty in a court. But we have never lost when we have taken the government to court. We have won many crucial court victories since 2005. We overturned Sutcliffe’s illegal ban on our marches in 2006 and working with the Legal Resources Centre (LRC) and other pro bono lawyers we have won interdicts against illegal evictions every year since 2006. We also salute the LRC and the pro bono lawyers for solidarity in action.

    This is a day of hope for our movement and on this day we note that we are not alone.

    We reaffirm our full support for all shack dwellers struggling against the destruction of their communities in the name of ‘slum clearance’ across South Africa and especially the Western Cape Anti-Eviction Campaign and their brave struggle against forced removal. They have been warned that their own Western Cape Slums Act is on the way. We also reaffirm our full support for their struggle for the right to think and lead their own struggle. We reaffirm our full support for all street traders struggling against harassment and eviction across the country. We reaffirm our full support for all families struggling against the eviction of poor children from schools. We reaffirm our full support for all rural people batting evictions from farms and the resilience of the Rural Network to be in solidarity with those families. In this instance, we will stand firm with our comrades from eNkwalini (between Eshowe and Melmoth) when we march together on Friday. We reaffirm our full support for our comrades in the Combined Harare Residents’ Association and all the other organisations and people in Zimbabwe still reeling from Operation Murambatsvina. We reaffirm our full support for our comrades battling evictions and other forms of oppression in Turkey and in Haiti. We will be in support of Lavalas, the movement of the Haitian poor that became a flood that had to be dammed and damned by the rich, on the global day of action for Haiti on 29 February 2008.

    Every person is a person. Every person is important and deserves safety and dignity. One billion of the six billion people in the world live in shacks. Another billion live in housing that is not much better than shacks. Let us no longer accept the unacceptable. Let us build a university of the poor in every city. Let us stop all evictions. Let us move forward to land and housing in the cities.

    Our settlements are communities to be supported not ‘slums’ to be eliminated.

    To hell with the Slums Act.

    For further information and comment please contact:

    Sibusiso Zikode, Abahlali baseMjondolo President: 0835470474

    Lousia Motha, Abahlali baseMjondolo Co-ordinator: 0781760088

    Mnikelo Ndabankulu, Abahlali baseMjondolo PRO: 0797450653

    Shamita Naidoo, Abahlali baseMjondolo Task Team to Eliminate the Slums Act: 0743157962

    Zodwa Nsibande, Abahlali baseMjondolo Task Team to Eliminate the Slums Act: 0828302707

    Stuart Wilson, Centre for Applied Legal Studies: 0722658633

    Please note that Mnikelo Ndabankulu has a new cell phone number

    Full Court Papers Size
    AbahlaliFinalFA.doc 152 KB
    AbahlaliFinalNM.doc 51 KB
    Annexure A.pdf 1.2 MB
    Annexure B.pdf 187.27 KB
    Annexure C.doc 61 KB
    Annexure D.pdf 2.4 MB
    Annexure E.pdf 2.9 MB

    *****************************************************

  • Slum eradication Bill slated, Mercury article by Tania Broughton, 15 February 2008
  • Shack Dwellers Take on Slums Act, Mail & Guardian article by Niren Tolsi, 15 February 2008
  • Featured post

    Umbono weSolezwe: Baphila kanzima emijondolo

    http://www.isolezwe.co.za/index.php?fArticleId=4230356

    Umbono weSolezwe
    Baphila kanzima emijondolo

    January 30, 2008 Edition 1

    ININGIZIMU Afrika iyizwe elihlukene izigaba eziningi. Kulo leli zwe kukhona izimpunyela ezingomzimbukhalimali. Kulo leli lengabadi kukhona abaphila kahle nabangenayo inkinga yokuthi bazolala bedleni futhi bahlala emizini kanokusho. Kukhona abahlala ezindlini ezibizwa ngemixhaso ezingamakopi. Kukhona abasahlala emijondolo eyakhiwe ngamaphepha, ngodaka ngangamapulangwe, futhi abangenawo amandla okuba nemizi ecacile eduze namadolobha.

    Ngakolunye uhlangothi kunemiphakathi ethe chithi saka nezwe lonke ekhosele ezindlini zodaka, abanye abazibiza ngovezunyawo. Kulo leli kukhona abalala ezintabeni, beqhuqhwa ngamakhaza ebusika, kuthi abanye bejabulela ukuqhakaza kwentwasahlobo bona babikelwe wukuthi sekuyisikhathi sezimvula. Kukulo leli lakithi lapho kugcwele khona amahlongandlebe, izigebengu ezidlisa isizwe ngamapayipi, abadlwenguli, nokunye okuningi okunganambithisiseki. Zonke lezi zimo zitholakala kuleli zwe elimnotho onconywa ngapha nangapha ngokuthuthuka kwawo.

    Kuningi futhi okuhle okungakhulunywa ngakho, kodwa okuphambana nokuzwa ububha nesimo imiphakathi ethile ebhekene nabo. Uma ungakaze uyihambele indawo efana nemijondolo yaseNyanga, eKapa, nezakhiwo ezikuKennedy Road, eSydenham, eThekwini, kunzima ukuqonda kabanzi ngobunzima bokuhlala emijondolo.

    Kuleli sonto sibike ngesigameko lapho kuthiwe “inkunzi” yegundane lilume ingane ekhanda yagcina ngokushona, khona kuKennedy Road. Leli phephandaba libe selilandela lolu daba ngokubika ngesimo umphakathi walaphaya ophila ngaphansi kwaso.

    Kuyadabukisa ukuthi kokuningi okushiwo yiFreedom Charter kubantu bakuKennedy Road akusebenzi. Le ndawo ifana nesidleke sezifo ngendlela okugcwele imfucuza ngayo yonke indawo. Amanzi angaziwa nokuthi aqhume kuphi axhaxhaza yonke indawo. Izingane ezincane zizithola zisengozini yokulimala ngoba zidlala ezibini, nokugula ngokusondelana nenhlanganisela yodoti engaqoqwa noma engabuthelwe ndawonye ngendlela.

    Asinakho ukuqonda ngezizathu zalokhu njengoba kuhlale kunomdonsiswano phakathi kweziphathimandla zikaMasipala nabamele lo mphakathi. Le ndawo njalo iseduze ngokuxakile nobukhazikhazi bedolobha leTheku. Ithe khaxa phakathi kwamangelengele amajalidi kanokusho lapho ukukhwehlela kwengane kuba yindaba ebizelwa udokotela. Ku-Kennedy Road kuze kuzwakale ngoba ingane isishonile ukuthi abantu bakhona bahlala endaweni engafaniswa negoqo lezingulube.

    Uma kungenziwa lutho ukusukumela lesi simo, noma umnotho ungakhula kahle kanjani ubulungiswa buyohlala bungekho. Yihlazo leli kubaholi bethu.

    Featured post

    The Innocent in the Dock, the Guilty in their Offices

    The Innocent in the Dock, the Guilty in their Offices

    eThekwini kukhala abangcwele

    On 29 January the Abahlali 14 will be back in the dock.

    On 25 February the Kennedy 6 will be back in the dock.

    On 28 February Philani Zungu will be back in the dock.

    We will never see the City officials that ordered the illegal and criminal demolitions in the Arnett Drive Settlement last week in the dock.

    We will never see the police officer who shot Mam Kikine 5 times in the back with rubber bullets at close range in the back in September last year in the dock.

    We have asked what justice is this? Some have said that it is the justice of the rich. But justice is either for everyone or it is not justice.

    We have compiled a list of 21 incidents that show very clearly that the police in eThekwini are neither on the side of the law or the poor. It is copied below and it is on our website.

    Please also see:

  • Democracy Took a Beating in Foreman Road by Richard Pithouse, November, 2005
  • Democracy Takes Another Beating by Richard Pithouse, September, 2006
  • The Strong Poor and the Police by Philani Zungu, December, 2006
  • Make Crime History by S’bu Zikode, January, 2007
  • Police Brutality by System Cele, January, 2007
  • March on the Sydenham Police Station, Press Statement & Memorandum, April 2007
  • The March on Nayager by Fillipo Mondini, April, 2007
  • Nayager Falls, Abahlali Rises A short film by Sally Giles & Fazel Khan, April, 2007
  • Democracy in My Experience by Philani Zungu, August, 2007
  • Silencing the Right to Speak is Taking Away Citizenship by S’bu Zikode, September, 2007
  • Police Violence in Sydenham, 28 September 2007 A Testimony by Church Leaders, September, 2007
  • Christmas Message by Bishop Rubin Phillip, December 2007
  • For more information or comment please contact:

    Zodwa Nsibande: 0828302707
    Mnikelo Ndabankulu: 0735656241
    Mashumi Figlan: 0795843995
    S’bu Zikode: 0835470474

    Update: 29 January 2008 All charges against the Abahlali 14 were dropped in the Durban Magistrate’s Court today after the prosecutor told the Magistrate that “there is no possibility of a successful prosecution in this matter.” As the 50 or so Bahlali exited the court Mam Kikine, who was one of the 14, and who was shot 5 times in the back with rubber bullets at close range during the March on Mlaba in September last year, asked “Uphi uNayager nezinja zakhe?”

    Update: 27 March 2008 All charges against the Kennedy 6 were dropped today due to the inability of the police to present the prosecutor with any evidence. The men spent 23 days in prison (during which they suffered assault and political intimidation), 14 days on hunger strike and a year and 6 days with a trumped up murder charge hanging over their heads…

    The Police & Abahlali baseMjondolo

    A List of Key Incidents of Police Harassment Suffered by Abahlali baseMjondolo
    – compiled by Stephanie Lynch and Zodwa Nsibande
    (28 January 2008)

    Please note that this list of the main instances of police harassment suffered by Abahlali baseMjondolo does not include the day to day police harassment suffered by shack dwellers in general which is clearly most acute in the areas under the jurisdiction of the Sydenham Police station. Day to day harassment includes racial abuse, racialised stop and search practices, casual violence, ‘raids’ in which bribes are demanded on the pain of arrest, men are randomly forced to do press ups on the threat of assault and in which electronic goods without a purchase receipt are simply confiscated by the police on the grounds that they must be ‘stolen’. At times this generalised day to day abuse poses serious risk to the safety of shack dwellers. For instance an unarmed 17 year old boy visiting family at the Foreman Road settlement was shot in the knee on New Year’s Eve 2006 for urinating in public. However it should be noted that not all officers at the Sydenham Police station take part in this abusive behaviour and that some have sough to meet with Abahlali baseMjondolo to express their concerns. Indeed Abahlali has good relationships with certain officers, African and Indian, and settlement committees work with those officers against crime.

    Please also note that this list of key incidents of police harassment does not include the consistent failure of all eThekwini Police stations – with the exception, on one occasion, of the Pinetown SAPS – to refuse to act against the City’s private security and Land Invasions Unit when they illegally (i.e. without court orders) and, in fact, criminally, demolish homes and evict people. Furthermore this list does not include the rampant intimidation, violence, abuse and corruption that is typically associated with evictions that are usually overseen by the notorious Land Invasions Unit.

    Finally please also note that in areas outside of the jurisdiction of the Sydenham Police station there have been instances where the police have acted fairly towards shack dwellers and within the law. For instance in June 2006 officers in the Umlazi SAPS defied more senior officers to enter a Ward Councillor’s compound and make arrests after a political assassination. In December 2006 the SAPS in Pinetown threatened members of the City’s Land Invasion Unit Private Security with arrest while they were carrying out illegal evictions resulting in the halting of the eviction. In September 2007, also in Pinetown, the Metro Police rescued a journalist and an Abahlali member who had been kidnapped and subject to death threats by gangster landlord Ricky Govender. However while Abahlali welcomes each instance in which the police respond towards shack dwellers as if they are citizens deserving protection these instances of just police action should not be misunderstood to mean that the situation is acceptable in Pinetown. There have also been numerous instances there where the SAPS have refused to act against blatantly criminal actions by Ricky Govender and his associates including assault, dumping toxic waste on people’s door steps and threats of arson, bulldozing homes and contract killings etc.

    1.18 March 2005: Attempted Meeting With Ward Councillor Broken Up with Police Violence

    A small piece of land in Elf Road adjacent to the Kennedy Road settlement in Clare Estate was promised to Kennedy Road residents for housing by Ward Councillor Yakoob Baig in the 2000 local government elections. That promise was consistently repeated until 16 Februaray 2005 and is a matter of public record. On 18 March 2005 residents were shocked to see that a factory was being built on the land. They walked down to the site and asked the workers to cease construction until Baig came to the site to explain what was happening. Baig was duly phoned. He arrived with a large contingent of police officers from the Sydenham Station. He made no attempt to speak to the Kennedy Road residents but said to the police “These people are criminals. Arrest them.” In violation of the Gatherings Act, which does allow for spontaneous protest, no attempt was made to negotiate with residents. Also in violation of the Gatherings Act they were attacked by the police without a prior warning to disperse. People were racially abused, told that they ‘must go back where you come from’, threatened with having their shacks burnt, punched, beaten with batons, teargassed, shot at with rubber bullets and bitten by dogs. Many people suffered bruises, abrasions etc.

    2. 19 March 2005: Protest Broken Up With Police Violence

    On March 19 March 2005 Kennedy Road residents blockaded Umgeni Road without seeking the permission of the City for a protest. The Sydenham Police arrived with the Public Order Policing Unit. The Sunday Tribune reported that 750 protesters engaged in a 4 hour standoff with police officers in a protest to demand better housing. Protesters were beaten, bitten by dogs and tear gassed. Rubber bullets and stun grenades were also used. 14 people were arrested and charged with public violence. They were assaulted and subject to racist abuse in the Sydenham Police station. They were then moved to Westville prison where the 14, including 2 juveniles who by law should not have been detained in an adult prison, were held in Westville prison, together with the other 12, for 10 days before appearing before a magistrate and being able to apply for bail. All charges against the 14 were later dropped because the police failed to provide the prosecuter with any evidence that they had in fact been guilty of public violence.

    3. 20 March 2005: Protest Broken Up With Police Violence

    On 20 March 2005 around 2 000 Kennedy Road residents marched on the Sydenham Police station where the Kennedy Road 14, known in the community as the ’14 heroes’, where then being held and assaulted. The demand of the marchers was that the 14 heroes either be released or that everybody be arrested on the grounds that “if they are criminals then we are all criminals.” They were violently driven back by the Sydenham Police together with the Public Order Policing Unit under the command of Supt. Glen Nayager. A number of people were hurt. The police did attempt to arrest S’bu Zikode but he escaped. The settlement was then occupied by the Public Order Policing Unit in armoured vehicles in a military style operation.

    4. 13 May and 14 September 2005: Intimidation in the lead up to Marches on Councillor Yakoob Baig

    Newspaper reports estimated that around 3 000 – 4 000 people marched from the Kennedy Road and nearby settlements such as Foreman Road, Jadhu Place etc to demand the resignation of Councillor Yakoob Baig on 13 May 2005 and around 5 000 – 8 000 marched again with the same demand on 14 September 2005. This time permission had been sought for the protests from the City and there was no police violence during the marches. However there was severe police and intelligence intimidation in the lead up to both of the marches with the state going so far as to have the army occupy the Kennedy Road settlement the night before the first march and an heavy intimidatory police presence in the Kennedy Road settlement on the night before both of the marches. Individuals were also targeted for various forms of police intimidation.

    5.15 November 2005: March on Mayor Mlaba Illegally Banned and Marchers Attached and Journalists and Academics Intimidated

    Abahlali took a decision to boycott the March 2006 local government elections under the slogan ‘No Land! No House! No Vote!’. The boycott was to be announced via a march on Mayor Obed Mlaba organised from the Foreman Road settlement. Permission was duly sought for a march and all the requirements of the Gatherings Act were complied with in order to stage a legal march. Late in the afternoon on the day before the march a fax was received banning the march on superious grounds that ‘the mayor’s office labour will not be present to receive the memorandum’. This banning was entirely unlawful in terms of the Gatherings Act. Nevertheless around 3 000 people decided to march in defiance of the unlawful ban. As soon as they exited the settlement they were attacked by the Sydenham SAPS and the Public Order Policing Unit under the Command of Supt. Glen Nayager. There had been no violence or threats of violence or damage to property from protesters.

    Police used batons, rubber bullets and stun grenades and at least two officers fired shots from pistols. Some people were shot with rubber bullets at point blank range while cowering on the ground. There is photographic evidence of one officer chasing fleeing protesters with a drawn pistol. A number of people were seriously injured and required hospitalisation. In at least two of those instances the injuries had permanent consequences. System Cele lost her front teeth. 45 people were arrested. Some protestors responded to the police attack by throwing stones. This defensive action succeeded in slowing down the police attack but the police then blocked all exits from the settlement and continued to shoot at any one attempting to leave the settlement, or passing by one of the exits, with rubber bullets and stun grenades for some hours

    The initial moments of the police attack were captured on video and in photographs but the police quickly moved to confiscate all cameras. Cameras were confiscated, at times at gun point and always on the threat of arrest, from academics and journalists. One journalist was taken to the Sydenham Police station on the orders of Glen Nayager and unlawfully held without charge for a few hours. Another was threatened with violence by Nayager should he write about what he had seen. The Mercury laid a formal complain with the police. Attempts by Abahlali members to lay complaints with the Independent Complaints Directorate (ICD) for assault, theft of cameras etc failed. The ICD would not open a complaint without a police case number. The police, at various stations around Durban, simply refused to open cases against police officers.

    The police violence was widely covered by the local, national and international media (New York Times, The Economist, Al Jazeera etc).

    From this day all requests by Abahlali to march were unlawfully refused by City Manager Mike Sutcliffe until 27 February when a court order was secured interdicting Sutcliffe and the Police from interfering with Abahlali’s right to march.

    6. 10 November 2005: 19 Families Arrested After Protest at Ward Councillor’s Office
    (The Lusaka settlement was not affiliated to Abahlali at the time of the eviction but the people left homeless joined Abahlali immediately after the eviction)

    On 6 November 2005 the entire Lusaka Settlement in Reservoir Hills was illegally demolished by the eThekwini Municipality. Some families were forcibly removed to a relocation site outside of the city and 19 families were left homeless. Many of the people rendered homeless in the eviction decided to occupy the lawn outside Ward Councillor Jayraj Bachu’s office in protest. After 4 days they were arrested on the charge of trespass. The legal norm is that a first offence for trespass should result in release on a warning. However they were held in the Sydenham Police station for 3 days before Abahlali could create sufficient pressure for their release.

    7. 12 February 2006: Police Prevent Abahlali From Taking Up an Invitation to Appear on SABC Talk Show

    In the lead up to the 1 March 2006 local government elections Abahlali were invited in writing to bring 60 supporters and one delegate to appear on the SABC TV talk show Asikhulume. The show was scheduled to be filmed live in Cato Manor on 12 Feburary 2006 . Mayor Obed Mlaba was also invited to be a guest on the show. Abahlali arrived at the Cato Crest Hall on the appointed day in good time. SAPS officers were stationed at the doors. People wearing the black t-shirts of the ANC and the white t-shirts of the IFP and Nadeco were waved through. No one wearing the red shirts of Abahlali was allowed into the hall although there were many empty seats. When S’bu Zikode approached the police and politely showed them his written invitation and requested to be let in he was immediately assaulted by an Officer Ngcobo. At that point the Abahlali members began singing and dancing in a circle outside the hall. They were attacked and teargassed by the police. They show started and the Abahlali members managed to regroup and to begin banging on the glass doors at the back of the hall. At this point the production staff became concerned and S’bu Zikode and Philani Zungu were let in. Zikode was given the microphone from the floor. As he began to speak the power immediately cut out. The show was cancelled.

    8. November 2005: Taking Down Fences

    A fence was erected around the Elf Road land promised for housing for Kennedy Road residents. Around 2 000 Kennedy Road residents walked down at night and removed the fence poles from the ground and stacked them in neat piles on the property. Two days later Zoleka Mthombo was arrested on the charged of possesing stolen property on the grounds that a wooden fence pole was found near her shack. The charges against her were eventually dropped after numerous court appearances because the police could provide no evidence that she had stolen the fence pole.

    9. Banned then Unbanned March – February 27, 2006

    Abahlali followed all the steps necessary to stage a legal march on the Provincial M.E.C. for Housing, Mike Mabuyakulu, on 27 February 2006 (Two days before the local government elections). This was the first time that funding had been secured for an Abahlali march and was it was therefore the first time that the movement could mobilise across all its geographicaly dispered settlements and the first time that it could stage a march into the city. Once again the march was unlawfully banned by Sutcliffe.

    Early on the morning scheduled for the march 3 key Abahlali activists and one non-Abahlali member were arrested (presumably the non-member was arrested in error). One was arrested while asleep in his bed, one while waiting at a bus stop and two in their homes. The charge was ‘violating the Gatherings Act’. Nayager was personally involved in all the arrests together with a notoriously racist police reservist known as Rafiq. During the arrests Rafiq shouted to shack dwellers that ‘they did not belong here’ and ‘must go home’. He also said, as the Sydenham police often do, that the police would ‘clear the red shirts out of this area’. All four were assaulted in the Sydenham Police station.

    At the same time all the exits and entrances to all the large settlements were blockaded in a military style operation using armoured vehicles, helicopters and so on. However people from the smaller settlements were able to make their way into the City to wait for the march to begin. There were numerous assaults in the Kennedy Road, Foreman Road and Jadhu Place settlements as people tried to get through the militarised blockades in order to join the march. Rubber bullets and teargas were used. Abahlali estimates that around 20 000 had gathered to march in the various settlements around the city.

    S’bu Zikode was able to escape the Kennedy Road blockade and Mnikelo Ndabankulu was able to escape through the Foreman Road blockade. They briefed an advocate and that afternoon an order of the court was secured that interdicted the police and the Sutcliffe from interfering with the right of Abahlali to continue with their march. Unfortunately by that stage it was late afternoon and the paid for transport was no longer available and only about 2 000 or 3 000 people were able to actually get into town and continue with the march.

    All charges against the 4 people arrested early in the morning were later dropped due to the inability of the police to provide the prosecutor with any evidence.

    10. 2 March 2006: Murder in Umlazi
    (Abahlali doesn’t have a branch in E-Section Umlazi but worked closely with people there to arrange marches, secure legal support and communicate with the media etc.)

    In E-section, Umlazi, a group of long-standing ANC and SACP activists were unhappy with their councillor, Bhekisasa Xulu, and decided to put up an independent candidate, Zamani Mthethwa, to oppose Xulu. Supporters of the Mthethwa campaign claimed that there was widespread intimidation in the lead up to the 1 March local government election including death threats, assaults and whippings. They also alleged that there had been blatant fraud during the election.

    On the day after the election they staged a small protest against the alleged electoral fraud. The Public Order Policing Unit shot dead a young woman, Monica Ngcobo, near the protest and shot and seriously wounded S’busiso Mthethwa in his home. The police claimed that Ngcobo had been shot in the stomach with a rubber bullet while throwing stones. The media reported this uncritically although her family insisted that she had been shot in the back while on her to her job as a waitress on the waterfront. The autopsy later showed that she had been shot in the back with live ammunition.

    An organisation called Women of Umlazi (which had some roots in the great women’s mobilisation in Cato Manor in the 1950s) was formed with help from Abahlali in response to the shootings. Woman of Umlazi organised a large march on 31 March in protest at these police shootings. Two former SACP activists who had worked closely with the Mthethwa campaign and the organisers of the march, Komi Zulu and Sinethembe Myeni, were later assassinated in separate carefully planned attacks. Others survived assassination attempts. Women of Umlazi responded by organising weekly mass meetings attended by hundreds of residents to which the Umlazi SAPS were invited. On 1 June, the Umlazi SAPS entered Councillor Xulu’s fortified compound, which had been protected by more senior police officers, and arrested two of Xulu’s employees for the murder of Komi Zulu. Thousands of residents of E-Section then organised to ensure that there was a fair trail and to push for the arrest and prosecution for Xulu. However the charges against the accused were not proven. Many residents felt that the trial had been perverted by political pressure from above. After the verdict a number of people who had been campaigning for a fair trial were subject to death threats and had to flee the area. No one has ever been arrested for the police murder of Monica Ngcobo or the murder of Sinethembe Myeni.

    11. September 12, 2006: Arrest and Torture of S’bu Zikode and Philani Zungu and Shooting of Nondomiso Mke

    Abahlali received no invitation to meet with Mike Mabuyakulu after the 27 February march on his offices. However immediately after announcing at a press conference that Abahlali intended to use the Promotion of Access to Information Act to compel the eThekwini Municipality to disclose its plans for shack dwellers to shack dwellers the movement received a sudden invitation to attend a meeting with the office of the provincial MEC for housing on 6 September 2006. At that meeting Mxolisi Nkosi represented the Department. He threatened Abahlali members and demanded that they immediately cease speaking to the media. Abahlali promptly announced their refusal to complay with this order on radio. S’bu Zikode and Philani Zungu were then invited to debate the Housing Department on this and other matters on iGagasi FM on 12 September 2006. On their way to the radio station the vehicle in which Zikode, Zungu and Mnikelo Ndabankulu were travelling was stopped by the police and they were ordered out. When Zungu asked why he was being searched, an Indian police officer from the Sydenahm Police Station replied, “because the black man is always suspect.” They then attempted to arrest Zungu for “having a big mouth” and pushed Zikode into the car as well. Ndabankulu was not arrested. However his Abahlali t-shirt was removed from him and the police said that they were taking it to use as a mop in the station.

    At the station Supt. Glen Nayager personally pushed both men into his office. They were handcuffed at the feet and ankles and severly assaulted with kicks and punches and by having their heads bashed against the walls and floor. Nayager had one of his officers video tape the assault. During the assault Nayager told both men that ‘this is what happens when you get cheeky and talk to the media’. The assault only stopped after Zungu, bleeding from the neck and head, lost consciousness. When he regained consciousness he was refused water and medical assistance. Both men were then charged with ‘assaulting a police officer’. The charges were later dropped after two court appearances due to an inability on the part of the police to supply the prosecutor with any evidence. Zungu has suffered permanent damage to his left ear.

    The first three Abahlali members to arrive at the police station soon after the arrest were searched, threatened with assault and arrest and forced out of the police station. Other people who arrived a few minutes later were chased away at gun point including Zikode’s wife and Zungu’s elderly and frail mother. Racist insults were directed at Zungu’s mother who was told ‘Hamba inja!’ when she asked to see her son.

    About 30 minutes later Kennedy Road residents decided to march on the Sydenham Police station after an emergency mass meeting in the hall. Although the Gatherings Act does allow for spontaneous protests the marchers were attacked without warning just outside the settlement with rubber bullets, stun grenades and live ammunition. The police chased people back into the settlement beating them and shooting at them in and around the hall and shacks.

    When things began to calm down Nondomiso Mke asked if she could come out to retrieve a dropped cell phone. The police said yes. As she stepped into the searchlight she was shot in the knee with live ammunition. She is a domestic worker and the permanent damage to her knee has made her work very difficult.

    With the support of Amnesty International Zikode, Zungu and Mke are suing the police. Amnesty has also encouraged the Independent Complaints Directorate to investigate this and other matters relating to Nayager and the Sydenham Police (some of which are mentioned here). That investigation is ongoing.

    12. 4 December, 2006: Siyanda Road Blockade
    (The Siyanda settlement is not affiliated to Abahlali but the Abahlali members were present at the road blockade and later secured legal support for the arrested people.)

    500 people from the Siyanda settlement blockaded the Inanda road in Newlands, protesting the construction of a new road that would destroy their homes and dislocate them. Five people were arrested when police attempted to break up the protest, and all were seriously injured. The police chased people off the road and into their homes and some were shot with rubber bullets at close range in their homes. There are many photos documenting the injuries consequent to the police violence. None of the injured people received any medical help from the police at any time. One man later died from his wounds and a woman miscarried. The charges were eventually dropped due to an inability on the part of the police to provide the prosecutor with any evidence.

    13. March 21, 2007: Human Rights Day Arrests

    On 15 February 2007 Kennedy Road resident Thina Khanyile was attacked, stabbed 18 times and robbed of his shoes and watch at the Umgeni Road bus stop while on a training run for the Comrades Marathon. On 18 February a well known and widely feared criminal living in the settlement brough a man to Khanyile and asked if he was the attacker. Khanyile identified Mzwake Sithole from Ntuzuma as his attacker. The police were called. While waiting for the police, a few Kennedy Road residents began assaulting Sithole, but were soon pulled away by other residents. When the police arrived, they began to assault Sithole as they shoved him into the police van. Khanyile went to the station and filed charges of theft and attempted murder against Sithole. A week later he was informed that Sithole had died in police custody.

    At 3 a.m. on 21 March 2007 police arrested 9 people, 8 members of the Kennedy Road Development Committee and Khanyile. Four of the arrested were women who were later released after a women’s protest that took the form of sitting in the police station all day with the children of the arrested women, as well as the children from the creche run by one of the women, demanding that the police care for the children. A 6th person, also a member of the Committee, was then arrested. The Kennedy 6 were charged with murder and held in Westville Prison for one month without bail. They only received bail after a highly publicised 12 day hunger strike and strong support from church leaders. Initially their bail conditions required them to go to rural areas and to keep away from Kennedy Road but after the support of a pro bono advocate was secured this was overturned and they were able to return home. They are due to go to trial on 25 February 2008. It is widely believe that the criminal who brought Sithole to Khanyile has given false testimony against the Kennedy 6 in exchange for not being prosecuted for various serious crimes. A similar strategy was used against the Landless Peoples’ Movement in Johannesburg in 2003.

    14. 10 April, 2007: March on Nayager Banned

    During the hunger strike by the Kennedy 6 Abahlali followed all the correct procedures to stage a mass march on Glen Nayager and the Sydenham Police station on 10 April 2007. A few hours before the march Nayager phoned S’bu Zikode to tell him that City Manager Mike Sutcliffe had banned the march, because, according to Sutcliffe, Zikode hadn’t attended the planning meeting with the city to discuss the proposed march. In fact this was crass trickery. Zikode had attended a planning meeting with senior police officers but they simply set up a second meeting and claimed that that was the ‘real one’. Zikode informed Nayager that the march would go ahead despite the ban. Nayager came to the settlement to physically enforce the ban. However Philani Zungu had a copy of the Gatherings Act and was able to show Nayager that a march of less than 14 people would not require Nayager or Sutcliffe’s permission. After tense negotiations and a vigorous protest in the settlement Nayager agreed and 14 people marched on the police station with candles. They knelt before Nayager as Zikode read the memorandum.

    15. 8 August, 2007: Ricky Govender Escalates Harassment in Motala Heights

    Gangster landlord Ricky Govender had threatened to have James Pillay’s house bulldozed. On 8 August he sent his bulldozers to knock down banana trees around Uncle James’ house. The destruction from the bulldozers included a water line bursting, washing lines being torn down, and toilet pits being filled in and destroyed. Shamita Naidoo, another Abahlali member and Motala Heights resident, came over to Uncle Jame’s house to take photographs of the destruction. Ricky Govender and his brothers started to pull and shove Naidoo off the property. They told her that they would pay R50 to have her killed. The Pinetown SAPS were called, but never responded to the incident. Shamita Naidoo and James Pillay reported Govender for harassment the next day at the Pinetown Station. They were told by Officer Naidoo, the officer who took the case, to call back in an hour for the case number. They called an hour later and were told that the investigating officer could not have the case filed because no one was assaulted, and it was therefore not a real case.

    16. 9 August 2007: Women’s Day Arrests in Pemary Ridge

    Officers from the Sydenham Police station knocked on the door of the then Deputy President of Abahlali, Philani Zungu, in the Pemary Ridge Settlement on 9 August 2007. When he opened the door they immediately began to search him. When Zungu asked why he was being searched he was promptly arrested him for “obstructing police in the course of their duties and resisting arrest”. The police van drove around wildly for almost two hours with Zungu in the back before taking him to the station.

    By the time the police arrived at the Sydenham Police Station with Zungu around 50 women Abahlali members from the Pemary Ridge settlement had started a protest outside the station. Emergency protests are allowed under the Gatherings Act. However Supt. Glen Nayager ordered his officers to disperse the crowd which they did using tear gas and baton charges. While being chased, Thabiso Makamba fainted. Her sister Andisiwe Makamba stopped to try and give her some water and was severely beaten by the police officers. Both sisters were then arrested on the charge of ‘public violence’.

    Harvard Philosopher Nigel Gibson was interviewing S’bu Zikode at the Kennedy Road settlement when news of the arrest of Zungu came through via sms. He went to the Sydenham Police station with Zikode where an NIA agent deleted his audio recording of the interview.

    All charges against Zungu and the Makamba sisters on Philani and the sisters were dropped after the police failed to provide any evidence in support of the charges to the prosecutor.

    A few days before the arrest Zungu had submitted a letter to the Land Invasions Unit and the Housing Department demanding that new shacks be allowed to be built in the settlement to accommodate people who have lived there as children and now had families of their own as well as people illegally evicted from the nearby Juba Place settlement. The new shacks were built after negotiations with an offical from the Housing Department but other officials did not accept this agreement. It is believed that Zungu was arrested because of the struggle to be allowed to build more shacks in Pemary Ridge.

    17. 31 August 2007: SAPS Claimed to be in Support Ricky Govender’s Threats to the Media

    Richard Pithouse, an Abahlali member, and two reporters from the Mercury newspaper went to Uncle James’ house to talk to him and investigate Govender’s recently issued notices to 20 different household to leave their homes by 31 August or have them bulldozed. Govender and some of his relatives accosted the journalists, threatened “to have them killed” and would not allow them to leave the property. Govender phoned the Pinetown SAPS to have Pithouse and the Mercury photographer Steven Naidoo arrested for trespassing. At the same time, one of the reporters managed to leave the scene and phone the Durban Metropolitan Police who arrived just before the Pinetown SAPS. The Metro Police drew their guns and told Govender that there was no case of trespass and that if he didn’t let the two go then he would be arrested for kidnapping. They also forced him to return Naidoo’s camera on the threat of arrest on a charge of theft.

    18. 23 September 2007: SAPS Refuse to Respond to the Harassment of James Pillay (Uncle James)

    Uncle James was returning home from Sunday Mass with his family when he was approached by a man who said that Ricky Govender wanted to see him immediately. Uncle James went to Govender’s house and was questioned about how evacuating his property was going. Uncle James informed Govender that he had no intention of leaving his home as Govender did not have a court order requiring his eviction. Govender told him he needed to move off his property by September 30th or be removed by force. Uncle James replied that he would need a court order or it would be illegal. Govender said he would set him up by putting a bag of dagga in Uncle James’ yard and calling his friends in the Pinetown SAPS to arrest him. When Uncle James was returning to his house, Govender yelled at Uncle James, verbally abused him, his wife and his son and made threats of violence. Uncle James tried to report the incident to the Pinetown Police, but he was told that they cannot go against the authority of a landlord and therefore they could not open a case for any incident that occurred on Govender’s land.

    19. 28 September 2007: March on Mlaba

    Permission was granted for a legal march from the Kennedy Road settlement to the offices of Councillor Yakoob Baig. The purpose of the march was to devliver a memorandum to Mayor Obed Mlaba. Before the march Abahlali met with Supt. Glen Nayager met with Abahlali and he assured them that they had the police department’s support for the march.

    The march of around 3 000 people proceeded peacefully to Baig’s offices. But while the marchers were waiting for Mlaba’s representative to come and collect the memorandum they were attacked without warning or any warning to disperse being given. A line of clergy stood between the protesters and the police but they were forced out of the way with a water cannon followed by a baton attack. This was all captured on video. Although the Sydenham Police confiscated the camera on the spurious grounds that it ‘had been used in the commission of a crime’ and the footage was deleted before it was eventually returned an expert was able to recover the deleted footage from the hard drive.

    Numerous people, including clergy, suffered minor injuries and 6 people were seriously injured and required hospitalisation. Mam Kikine, an elderly woman, was shot five times in the back at close range with rubber bullets.

    Thirteen people were arrested on the charges of ‘Violating the Gatherings Act’ and ‘Public Violence’. When Mnikelo Ndabankulu arrived at the station to check on his comrades he was also arrested. They spent eight hours in the cells in the Sydenham Police station. There was no violence in the police station. Nayager explained that Fazel Khan had been arrested because he filmed the March on Nayager, that Richard Pithouse had been arrested because of his writings about the situation in Clare Estate and that Mnikelo Ndabankulu had been arrested because of a comment he had made about police brutality at the march. He warned Khan to stop filming, Pithouse to stop writing and Ndabankulu to stop talking. He also warned all the arrested people that Philani Zungu must drop the court case against Nayager for his arrest and torture by Nayager on 12 September 2006.

    The Abahlali 14 have appeared in court 4 times and will appear again on 29 January 2008.

    20. November 2007: Further Abuses on Motala Heights Residents

    On the 11th of November, a man parked his truck across Uncle James’ driveway right in front of his door thus blocking him and his guests into his house. The man was politely asked to move his car and began to verbally abuse all the guests. The Pinetown police were called, but Uncle James was told that the police could not do anything because the landlord, Ricky Govender, gave permission for the man to park there.

    On the 18th of November, Govender and his friends showed up on Uncle James’ property. They threw stones at Uncle James, his family and his friends and verbally abused them. They tried to barricade Uncle James’ driveway and again the Pinetown SAPS were called and Uncle James was told that there was nothing they could do.

    Later a Motala Heights resident, Reggie, was told that if he went to an Abahlali meeting or supported the struggle that he would be kicked out of his home. Shamita Naidoo and Uncle James have frequently been threatened with death by Govender and have been told by residents who frequent his bar that “Ricky wants you dead”.

    Many Motala Heights residents are also frequently subjected to threats by Govender saying that they must attend his temple. Shamita Naidoo, a key Abahlali activist in the area, has also received letters from Govender demanding that she not step on to any of the properties that he owns and rents to poor residents. In late November, it was discovered that Govender had demanded that the postman deliver mail from three lots of Motala residents to his house. He continues to dump toxic waste outside activists’ houses. The SAPS have never once agreed to open a case against Govender. It is believed that one of the senior officers in the Pinetown SAPS is the co-owner of Govender’s bar.

    21: 13 November, 2007: Philani Zungu’s Third Arrest

    On 13 November 2006 Philani Zungu was arrested and charged with ‘interfering with an electricy box’. He was released from custody on the same day, after much pressure from a pro bono laywer. He did not encounter any violence or suffer any injuries this time. He will appear in court again on 28 February 2008.

    Featured post

    Kennedy Rd Child Killed by Rat

    In 2005 S’bu Zikode’s widely translated and republished article ‘We are the Third Force’ said: “You must see how big the rats are that will run across the small babies in the night.” One would have thought that the City would have responded by immediately scheduling an urgent meeting to discuss the rat problem with Kennedy Road residents. Instead Zikode was forced out of his job and arrested on trumped up charges and beaten up in the Sydenham Police station and widely slandered by politicians.

    Now some officials are saying that the problem is the nearby municipal dump in a cynical attempt to misuse this tragedy to justify their plans to forcibly remove Kennedy Road residents out of the city. Others are saying that shack dwellers are not sufficiently concerned with cleanliness. In fact the rat problem occurs in all the shack settlements where there is no or insufficient Municipal refuse removal. It is not just a Kennedy Road problem and it is certainly not because shack dwellers are not clean enough. When people without proper access to clean water get cholera they are told that they must ‘learn to wash their hands’. The solution to the rat problem is not to give some NGO a contract to run cleanliness awareness workshops. The solution is refuse removal for all. Always the poor are blamed for the suffering forced on them by the rank contempt of the rich. If education is the right response to these kinds of tragedies it is the rich that need to be educated – educated in their common humanity with the poor, educated to understand that being citizen who has rights because you are a person and being a consumer who has rights because you have money are not the same thing.

    In fact some academic interview based accounts of the break down in the relationship between the Kennedy Road settlement and Ward Councillor Yakoob Baig in 2005 point to the fact that Kennedy Road residents launched their own clean up campaign that year but the City refused to come and collect the rubbish that they had collected because they were not ratepayers and therefore were not supplied with the Municipal refuse bags which are the only refuse bags that the City will collect. The struggle to ensure that people who can’t afford to be consumers can still be citizens with a right to speak their minds freely and with access to decent land, housing, water, education, refuse removal, health care, child care, libraries, sports facilities and just policing continues. Bahlali bayanda.

    Scroll down for various articles on this story from hell, this story from down the road

    http://www.isolezwe.co.za/index.php?fArticleId=4226842

    Ingane ilunywe yigundane okhakhayini yafa

    Isolezwe
    Front Page
    January 28, 2008 Edition 1

    PHILI MJOLI

    SIDUVE endlini ubusuku bonke isidumbu somntwana onezinyanga ezine wasemijondolo ekuKennedy Road, eThekwini, okuthiwa ulunywe yigundane elikhulu okhakhayini waphetha ngokushona.

    Kucishe kwaze kwaphela nosuku lonke lwayizolo isidumbu sikaNkosi Cwaka siduve emjondolo okuhlala kuwo abazali bakhe njengoba ubengayisiwe emakhazeni.

    Ngesikhathi Isolezwe lihambele kule ndawo abazali bakhe bathe abanayo imali yokumyisa emakhazeni. Isidumbu sakhe besimbozwe ngengubo behleli eduze kwaso.

    Kuthiwa lo mntwana ulunywe igundane elisabunzi nokuthiwa adlangile kule ndawo.

    Isehlakalo sokulunywa yigundane kukaNkosi kuthiwa senzeke ngoLwesihlanu kusihlwa kanti uze wagcina eshone ngoMgqibelo ebusuku.

    Ubaba wale ngane, uMnuz Mfundiseni Cwaka (25) odabuka ePort Shepstone, ubesadidekile ethi akazi ukuthi uzosikhokhela ngani isidumbu sengane yakhe uma esiyisa emakhazeni.

    Uthe nakuba edidekile ngokumehlele, kodwa okuyinkinga enkulu wukuthi akasebenzi, ubamba amatoho, akanayo imali yokubhekana nezindleko zokungcwaba ingane yakhe.

    Uthe wafika ngoLwesihlanu indodana yakhe yopha ekhanda nasesandleni. Uma ebuza kunina ukuthi ngabe kwenzenjani, wamtshela ukuthi ilunywe yigundane ngesikhathi bezicambalalele embhedeni ntambama.

    “Umama kaNkosi uthi waphaphama ingane ikhala wathi uma ethi uyayibheka wabona igundane lisekhanda kuyo, wayithatha kodwa nalo laqhubeka nokuyiluma waze wayidonsa ngenkani,” kuchaza yena.

    Unina, uNksz Ntombikayise Mzobe (22), obehleli eduze kwesidumbu sengane yakhe ubelokhu ebheke odongeni engathi vu, elokhu egobodisile.

    UCwaka uthe indodana yabo ishone bengakayihambisi kodokotela noma esibhedlela ngoba bekuvaliwe ngempelasonto, bebelinde ukuthi kuvulwe namhlanje.

    “Umtholampilo wakule ndawo uvalwa ngehora lesine ntambama ngoLwesihlanu uze uvulwe ngoMsombuluko. Ngenxa yokuthi besingenayo imali asikwazanga ukuhambisa ingane kudokotela ozimele,” kusho uCwaka.

    Omakhelwane bathe amagundane amakhulu yinto ejwayelekile kule ndawo ngoba asuke ezifunela ukudla okuchithwa noma kanjani, kodwa akekho umuntu owake walunywa yilo.

    Okhulumela amaphoyisa kulesi sifundazwe, uDirector Phindile Radebe, uthe isidumbu sigcinwe sithathwe ngamaphoyisa endawo sagcinwa emakhazeni kahulumeni izolo ntambama.

    “Kuyaphenywa ngalesi sigameko,” kusho uDirector Radebe.

    Ngo-2006 uMkhandlu weTheku wethula uhlelo lokuthi kuzanywe ukuqedwa kwamagundane agcwele emijondolo nokwakuhlelwe ukuthi luqale eMkhumbane, kodwa abahlala kule ndawo baluchitha lolu hlelo bathi bafuna kuhlanzwe indawo kuphinde kwakhiwe izindlu ezisemweni, ngaleyo ndlela azophela amagundane.

    UNksz Neeri Govender, wophiko oluthatha imfucuza, uthe akanayo imininingwane ephelele ngokuthi lolu daba lwaphelelaphi, kodwa wethembisa ukuthi uzoba nayo namhlanje.

    Iwebsite ye-Institute for International co-operation in Animal Biologic iyakuvuma ukuthi amagundane ayingozi futhi kungenzeka uthole ubuthi kuwo, ushone uma ungelashwanga ngokushesha.

    Le website iveza ukuthi ziningi izifo ezidalwa ngamagundane noma engakulumanga. Phakathi kwazo kubalwa ileptospirosis okuthiwa isabalala ngokuthi igundane lichamele amanzi noma ukudla okuzosetshenziswa ngabantu. Lokhu kungagcina ngokukhubaza amasosha omzimba kubantu.

    Kuthiwa ubuthi obudlulela kubantu ngokulunywa yigundane bungahlala emzimbeni izinsuku eziyishumi, kodwa ungasinda uma ubonane nodokotela ngokushesha noma uhlale eshisayo imizuzu engu-15.

    http://www.themercury.co.za/?fSectionId=&fArticleId=vn20080129031842966C877842


    “Baby ‘bitten by rat’ dies

    Mercury
    29 January 2008, 09:19
    By Sinegugu Ndlovu & Phili Mjoli

    An inquest had been opened into the death of a four-month-old baby who died on Saturday after he was bitten on the head by a rat.

    Nkosi Cwaka, who lived with his parents at the Kennedy Road informal settlement in Durban, was bitten on Friday but died on Saturday because his parents could not afford to take him to a doctor or to the local clinic, which closes at weekends.

    Ntombikayise Mzobe, 22, Nkosi’s mother, said she and the baby had been taking a nap when she was woken up by the child’s cries. She said she had seen a huge rat bite into Nkosi’s head and took the child into her arms, but the rat would not let go. “The rat eventually let go and my child’s head and right arm were bleeding from the bites. We were waiting for the clinic to open on Monday, but Nkosi died on Saturday,” she said.

    S’bu Zikode, president of the shack-dwellers’ movement, Abahlali baseMjondolo, said although Nkosi’s death was the first to have resulted from a rat bite, shack dwellers had often reported being bitten by rats.

    He said shack dwellers had been complaining to the city about the problem, but their concerns fell on deaf ears.

    “Shack dwellers and our children are not looked after. Rubbish is not removed, which provides a breeding ground for these rodents.,” said Zikode.

    The eThekwini health department’s Urmila Sankar said rats were a problem across the city.

    “The main problem is prevention. Our prevention capacity is limited because we can’t set rat and poison traps in residential areas because people could get injured or poisoned. We have clean-up campaigns for informal settlements, but people don’t keep up the level of cleanliness,” she said.

    Sankar added that her department would visit the Kennedy Road informal settlement and reinforce the clean-up campaign.

    Police Dir Phindile Radebe said an inquest docket had been opened.

    http://www.sowetan.co.za/News/Article.aspx?id=693632
    Sowetan
    Front Page

    Killer rat strikes

    Mhlaba Memela
    29 January 2008

    POVERTY: Children playing outside their shack at Kennedy Road informal settlement in Durban, where a child is said to have died after being bitten by a rat. PHOTO:MHLABA MEMELA

    MOURNING: Ntombikayise Mzobe, left, whose son Nkosingiphile died after being bitten by a rat. With her is her sister Smangele and her child Smangaliso. PHOTO: MHLABA MEMELA

    The parents of four-month-old Nkosingiphile Cwera, who died after being bitten by a rat at the Kennedy Road informal settlement in Durban, are still in shock.

    Ntombikayise Mzolo, 23, and her baby were cuddled on their old iron bed on Friday when the rat is said to have bitten the baby.

    The distraught father, Mfundiseni Cwera, 25, told Sowetan that despite their poverty, “my son was a blessing from God”.

    “This evil rat bit my son on the head. We initially did not take it seriously because rats are common in this shack settlement.

    “My son became very sick and died on Sunday,” said a grieving Cwera.

    Police spokesman Michael Read said the matter was under investigation.

    “We are still awaiting the results of a postmortem to establish the exact cause of the baby’s death.

    “We have also been informed that the baby was bitten by a rat,” Read said.

    The community was also shocked as they gathered in the small shack to support their traumatised neighbours.

    “Since we stay near a dumping site, rats run straight into our homes. Some of these rats are as big as cats and are not scared of humans.

    “They eat our food. It is not a healthy place for our children but we have no choice,” said a woman resident.

    Thousands of impoverished people live in the filthy Kennedy Road shack settlement – a few metres away from a municipal dumping site.

    Residents of this shack settlement are mostly unemployed and uneducated.

    They are forced to scavenge for food from the nearby dumping site because they cannot access state grants.

    Toddlers who should be in pre-school spend the day running around the dumping site.

    Lindela Figlan, the local chairman of Abahlali Basemjondolo, was shocked by the incident.

    “We are trying to help the family. It’s painful because these rats will kill more children.

    “We appeal to the municipality to do something about this situation. We need homes,” Figlan said.

    eThekwni Municipality manager Mike Sutcliffe expressed shock at the child’s death.

    “We are the only city in the world trying hard to give decent houses to our people,” he said.

    Sutcliffe urged the family to make an application to the municipality’s parks and recreation department for help to bury the child.

    http://www.isolezwe.co.za/index.php?fArticleId=4228565
    Isolezwe

    Babanga indawo namagundane, izinyoka nemfucuza

    Cindezela lapha ukubona Isolezwe

    January 29, 2008 Edition 1

    PHILI MJOLI

    IPHUNGA likadoti, elendle, amanzi agelezayo, izimpukane, intuthu yikho okukuhlangabeza emijondolo ekuKennedy Road, eSydenham, eThekwini.

    Le mijondolo kuthiwa ayigcini ngokuba yikhaya lezinkulungwane zabasebenzi abahola kancane nabadabuka ezindaweni ezikude neTheku, nabanye abangasebenzi kodwa iphinde ibe yikhaya lamagundane, izinyoka nesidleke samaphela odumo eTheku.

    Ngempelasonto elinye lamagundane amakhulu azicanasela kule ndawo lilume ingane enezinyanga ezine ekhanda yagcina ishonile.

    Yisigameko sokuqala sokuthi kushone olunywe yigundane kule ndawo, yize kwaziwa ukuthi maningi futhi ayabaluma abantu.

    UNksz Nothando Chamane oneminyaka emihlanu ehlala kule ndawo uthe ngemuva kokuzwa ngalesi sigameko akasakwazi ukulala.

    “Nginengane enezinyanga ezintathu, nginovalo lokuthi leli gundane elilume le ngane eshonile, kungezeka libuye lisihlasele nathi,” kusho uNksz Chamane.

    Eduze kwale ndawo kunothango, ngaphakathi kwalo amaloli ayehla ayenyuka azothulula imfucuza, amanye athulula amakhemikhali okubulala ubuthi emfucuzeni.

    Amakhemikhali kuthiwa yiwo abhebhezela imililo edlula nemiphefumulo yabahlala kule ndawo cishe minyaka yonke. Noma kunjalo kubantu abahlala khona, bayithatha njengendawo ephephile futhi eseduze nezindawo abathola kuzo amatoho.

    UMengameli wehlangano yabahlala emijondolo eThekwini, eyaziwa ngokuthi Abahlali baseMjondolo uMnuz Sbu Zikode, uthe indawo ayinankinga uma nje kungathuthwa imfucuza.

    Utshele leli phephandaba ukuthi iloli ethutha imfucuza ifika kanye ngesonto kanti uma seligcwele kukhona osasele alibe lisabuya.

    Ngokwazi isimo abanye bomphakathi wakule ndawo ababe besalinda bavele bawushise kudaleke intuthu.

    UZikode uthe bangaphe-zulu kuka-7 000 abantu abahlala kule ndawo.

    UNkk Urmila Sankar wophiko lwezempilo eMkhandlwini weTheku, uthe inkinga yamagundane ivamile kuleli dolobha.

    UMnuz Nkosinathi Nkwanyana wophiko oluqoqa intela okuyilo olucisha ugesi uma kwenzekile bazifakela ngokungemthetho, uthe akuvumelekile ukuthi uMkhandlu ufakele abahlala ezindaweni ezingakathuthukiswa ugesi.

    UNksz Dora Zulu bathi baphila ngokuwagada kuhle kwezinkukhu amagundane.

    “Siwagada nje ngoba siyazi ukuthi ngemuva kwegundane kunenyoka ecabanga ukuthi izolidla, amakati avele abaleke,” kusho yena.

    http://www.isolezwe.co.za/index.php?fArticleId=4230356

    Umbono weSolezwe
    Baphila kanzima emijondolo

    January 30, 2008 Edition 1

    ININGIZIMU Afrika iyizwe elihlukene izigaba eziningi. Kulo leli zwe kukhona izimpunyela ezingomzimbukhalimali. Kulo leli lengabadi kukhona abaphila kahle nabangenayo inkinga yokuthi bazolala bedleni futhi bahlala emizini kanokusho. Kukhona abahlala ezindlini ezibizwa ngemixhaso ezingamakopi. Kukhona abasahlala emijondolo eyakhiwe ngamaphepha, ngodaka ngangamapulangwe, futhi abangenawo amandla okuba nemizi ecacile eduze namadolobha.

    Ngakolunye uhlangothi kunemiphakathi ethe chithi saka nezwe lonke ekhosele ezindlini zodaka, abanye abazibiza ngovezunyawo. Kulo leli kukhona abalala ezintabeni, beqhuqhwa ngamakhaza ebusika, kuthi abanye bejabulela ukuqhakaza kwentwasahlobo bona babikelwe wukuthi sekuyisikhathi sezimvula. Kukulo leli lakithi lapho kugcwele khona amahlongandlebe, izigebengu ezidlisa isizwe ngamapayipi, abadlwenguli, nokunye okuningi okunganambithisiseki. Zonke lezi zimo zitholakala kuleli zwe elimnotho onconywa ngapha nangapha ngokuthuthuka kwawo.

    Kuningi futhi okuhle okungakhulunywa ngakho, kodwa okuphambana nokuzwa ububha nesimo imiphakathi ethile ebhekene nabo. Uma ungakaze uyihambele indawo efana nemijondolo yaseNyanga, eKapa, nezakhiwo ezikuKennedy Road, eSydenham, eThekwini, kunzima ukuqonda kabanzi ngobunzima bokuhlala emijondolo.

    Kuleli sonto sibike ngesigameko lapho kuthiwe “inkunzi” yegundane lilume ingane ekhanda yagcina ngokushona, khona kuKennedy Road. Leli phephandaba libe selilandela lolu daba ngokubika ngesimo umphakathi walaphaya ophila ngaphansi kwaso.

    Kuyadabukisa ukuthi kokuningi okushiwo yiFreedom Charter kubantu bakuKennedy Road akusebenzi. Le ndawo ifana nesidleke sezifo ngendlela okugcwele imfucuza ngayo yonke indawo. Amanzi angaziwa nokuthi aqhume kuphi axhaxhaza yonke indawo. Izingane ezincane zizithola zisengozini yokulimala ngoba zidlala ezibini, nokugula ngokusondelana nenhlanganisela yodoti engaqoqwa noma engabuthelwe ndawonye ngendlela.

    Asinakho ukuqonda ngezizathu zalokhu njengoba kuhlale kunomdonsiswano phakathi kweziphathimandla zikaMasipala nabamele lo mphakathi. Le ndawo njalo iseduze ngokuxakile nobukhazikhazi bedolobha leTheku. Ithe khaxa phakathi kwamangelengele amajalidi kanokusho lapho ukukhwehlela kwengane kuba yindaba ebizelwa udokotela. Ku-Kennedy Road kuze kuzwakale ngoba ingane isishonile ukuthi abantu bakhona bahlala endaweni engafaniswa negoqo lezingulube.

    Uma kungenziwa lutho ukusukumela lesi simo, noma umnotho ungakhula kahle kanjani ubulungiswa buyohlala bungekho. Yihlazo leli kubaholi bethu.

    Sowetan 1/2/08

    Family battle to bury Rat victim

    01 February 2008
    Canaan Mdletshe

    Municipality says it can help if asked to do so.

    The South African Shack and Rural Dwellers Organization (SASRDO) has lashed out at the eThekwini municipality for failing to help the Mzobe family whose baby died after being gnawed by a rat on Sunday.

    Four-month-old Nkosingiphile Cwera met her untimely death at the Kennedy Road informal settlement in Durban.

    And despite city manager Mike Sutcliffe’s offer to help, SASRDO said yesterday no help had come as promised.

    SASRDO chairman, Thembinkosi Qumbela, said: “After both the child’s parents told us about their circumstances, like the rest of the shack dwellers, we were expecting the municipality to show some sympathy and lend a helping hand, but we were wrong.

    “Their quietness is shocking, but this is how they are. They couldn’t care less and it’s disgusting.”

    Qumbela said he had visited the family yesterday and their situation was a concern.

    “Like the rest of the people, they have nothing. The only people who have helped them are the local church because the child’s father is a member.

    “They are the only people who have helped them with a burial site, otherwise they would have been stuck, not knowing where and how to bury their child,” said Qumbela.

    He accused the municipality of spending millions of rands of taxpayers’ money on building stadiums and fancy hotels, but neglecting simple things such as taking care of the people who put them in power.

    “When elections come, we know they will be flocking to our area looking for votes.

    “To them we are just like cannon fodder who push them into fancy offices,” he said.

    Spokesman for the municipality, Sindi Mtolo, denied that they had failed to assist the grieving family, saying that they could do so if approached.

    “The municipality can help, not because we are responsible for the child’s death, but on humanitarian grounds,” said Mtolo.

    “But again, we need to guard against setting a precedent that might be problematic for us in future, because if such a thing happens to other families, they would want to be assisted as well.”

    http://www.sundaytribune.co.za/index.php?fArticleId=4236310

    OpEd
    Poor in hell while elite buys heaven
    Sunday Tribune

    February 03, 2008 Edition 1

    Imraan Buccus

    National attention remains fixed on the unlovely aftermath of Polokwane and the electricity debacle. At times like this we often forget the ordinary people who keep the country going, and in whose name most of the major battles continue to be fought.

    The old Swahili proverb about the grass suffering when the elephants fight has become something of a cliché, but certain things do bear repeating.

    This week Isolezwe newspaper reported that a baby had been killed by a rat in the Kennedy Road settlement in suburban Durban.

    This vision of hell is difficult to reconcile with our city fathers’ constant focus on casinos, theme parks and stadiums. The old story that these elite projects will drive economic growth that will uplift the poor cuts no ice.

    There is nowhere in the world where elite projects have done much more than enrich the people who get the contracts to build and manage them.

    Every time I hear someone talk about how a stadium or theme park will save us, I can’t help thinking about Ngugi wa Thiongo’s brilliant Wizard of the Crow.

    In this novel, a paranoid dictator throws all his country’s meagre resources into constructing the tallest building in the world, which he calls “Marching Heaven”.

    Of course as resources flow into the concrete instantiation of his manic ego, they are sucked out of the hands of ordinary people, leading only to a phallic excess of bad taste amid profound misery.

    I’m not the only one to have a nagging suspicion that many among the new elite that is pushing out Mbeki’s allies after Polokwane are after little more than their own piece of the “Marching Heaven” action.

    Given the profound nature of our social crisis, our politics should be about putting the people, real ordinary people, at the centre of public life.

    But there are scant signs of our own Evo Morales emerging from the new order. There are, for that matter, scant signs that a number of credible civil society leaders are due for the respect they richly deserve.

    It seems the government is set to continue to plough ahead with its tendency to plan and implement its own projects, rather than to engage in a real partnership with its people.

    We have two major disasters to caution us against top-down policy making.

    The first, of course, is Khutsong. The second is the housing crisis in Cape Town. The government decided that people in the Joe Slovo settlement should be moved away from the freeway before 2010. They decided to move people to Delft, which is 30km away.

    But the 6 000 residents of Joe Slovo have refused to accept forced removal on the grounds that they were promised houses where they live and that they needed to be in the city to access work and schools etc.

    At the same time the residents of Delft, living in terribly overcrowded conditions, have simply seized the houses to which the government intended to move the Joe Slovo residents. The houses had been promised to them initially and they desperately need housing in their community.

    Meanwhile the government has promised the land on which the Joe Slovo settlement sits to a developer who, in turn, has raised capital for it from the banks.

    This is a disaster that could have been avoided if solutions were negotiated directly with communities, rather than imposed on them from above.

    Without exception, every instance of genuinely successful public housing provision is based on democratic planning partnerships between governments and community organisations.

    Two of the most famous examples are Naga City in the Philippines and Curitiba in Brazil.

    In Durban we risk our own disaster. The stand-off between shack dwellers and the city that was rumoured to be heading towards resolution in December last year seems to have reverted to open conflict.

    As The Mercury reported last week, Abahlali baseMjondolo took the city to court to stop illegal evictions once again, and once again they won a court interdict.

    It seems clear that shack dwellers in Durban are just as unlikely to accept forced removals to places like Park Gate that are as far out of this city as Delft is in Cape Town.

    But there are no signs that the city is willing to break from its top-down planning model. The partnership model seems to be reserved for our own “Marching Heaven” projects.

    But while up to a third of the city’s population lives in a hell where children are eaten by rats and burnt in fires, it’s unlikely that the poor will care which elite is marching to which heaven.

    Poverty is a crisis. It must be addressed as urgently as any other humanitarian emergency. But it also has to be addressed on the basis of respect and partnership.

    Without that partnership, even the best-intentioned projects can do more harm than good. The simple fact of the matter is that governments need to work with people, not for people.

    Nothing else has ever worked. Top-down planning, whether undertaken by the World Bank or socialist governments, has never produced a decent society.

    If the commitment coming out of Polokwane was about genuine people’s participation in decision-making rather than a circulation of elites, I’d be resting a lot easier.

    As it is, these are not easy times.

    http://www.gilscottheron.com/lywhitey.html
    http://www.gilscottheron.com/whiteymoon.mp3

    Whitey on the Moon

    Written by the Last Poets in 1969, covered by Gill-Scott Heron in 1972

    A rat done bit my sister Nell with Whitey on the moon.
    Her face and arms began to swell and Whitey’s on the moon.
    I can’t pay no doctor bills but Whitey’s on the moon.
    Ten years from now I’ll be payin’ still while Whitey’s on the moon.

    The man just upped my rent last night cuz Whitey’s on the moon.
    No hot water, no toilets, no lights but Whitey’s on the moon.
    I wonder why he’s uppin me. Cuz Whitey’s on the moon?
    I was already givin’ him fifty a week but now Whitey’s on the moon.

    Taxes takin’ my whole damn check,
    The junkies makin’ me a nervous wreck,
    The price of food is goin’ up,
    And as if all that shit wasn’t enough:

    A rat done bit my sister Nell with Whitey on the moon.
    Her face and arms began to swell but Whitey’s on the moon.
    Was all that money I made last year for Whitey on the moon?
    How come there ain’t no money here? Hmm! Whitey’s on the moon.

    Ya know, I just about had my fill of Whitey on the moon.
    I think I’ll send these doctor bills
    airmail special….
    to Whitey on the moon.

    Featured post

    Arnett Drive Successfully Resists Evictions

    A defiantly red shack stands in Arnett Drive with Abahlali’s injunction to ‘Qina!’

    26 August 2008

    Judgment in this matter was handed down in the Durban High Court today – a total victory for Abahlali baseMjondolo. But while the court was in session the city moved against the Siyanda settlement, where Abahlali just opened a new branch last week with 50 members, illegally demolishing shacks and leaving people homeless…The struggle continues. (Click here to read the short report on the judgment in The Mercury).

    7 August 2008

    The matter was heard in the High Curt today and judgement was reserved. The LRC’s heads of argument are here and those of the City are here. There are some pictures here and a report in the Daily News here.

    25 January 2008

    The Land Invasions Unit returned to the settlement this morning to check that the demolished shacks had not been rebuilt and to warn the residents not to rebuild. They also said that they were living on land that belongs to the Municipality and not to them and that they would therefore all have to go.

    24 January 2008
    COURT VICTORY FOR ABAHLALI! CITY INTERDICTED AGAINST EVICTING IN ARNETT DRIVE

    Abahlali baseMjondolo has won another important court victory against the eThekwini Municipality. Today the Durban High Court interdicted the City against evicting illegally in the Arnett Drive settlement. More than 50 Abahlali members from settlements across the city were in the court room, and spilling out into the corridors, to witness the victory.

    The City was informed yesterday that the Legal Resources Centre intended to approach the court on behalf of Abahlali first thing this morning to seek an interdict. Yet they still returned to the settlement this morning and succeeded in demolishing once shack. This brought the total number of shacks that they have succeeded in demolishing in Arnett Drive this year to 4. Abahlali will soon return to court to demand that the City rebuild the shacks that they illegally demolished before the interdict was secured.

    Update: Click here to read the report in The Mercury and here to read an OpEd piece in the Sunday Tribune.

    23 January 2008
    Emergency Press Release
    Abahlali to Oppose Evictions Threatened in the Arnett Drive Settlement Tomorrow

    Today the City returned to the Arnett Drive settlement in Reservoir Hills to inform the residents that they would return tomorrow to complete the evictions by demolition that they started on 17 January 2008. This attempt to evict will be vigorously contested.

    For the background to the ongoing attacks on the poor in Arnett Drive scroll down to the press statements below and also click here.

    Tomorrow the City’s attacks will be contested by the simple act of refusing to vacate the threatened shacks thereby once again forcing the City to reveal to the world that its policies have to be implemented at gun point. And tomorrow they will also be contested in court thereby once again revealing the rampant criminality of the City’s ongoing attacks on the poor.

    In the last week there have also been demolitions in Pemary Ridge, also in Reservoir Hills, and more threats in Motala Heights, in Pinetown. For up to the minute comment on tomorrow’s struggle to defend the homes of the poor against a rampantly criminal Municipality contact:

  • Mr. Samson Jaca, Arnett Drive Abahlali baseMjondolo Chairperson (Contact via Musa Jaca on 082 738 4322 or Zodwa Magwaza on 072 468 1156)
  • Miss Louisa Motha, Abahlali baseMjondolo co-ordinator 0781760088
  • Arnett Drive Update, 3 Homes Go Down Before the Attack is Stopped
    17 January 2008

    Three shacks were destroyed, without warning and without their owners being present and with all their owners’ property inside. The eviction by demolition was halted when the Land Invasions Unit had to confront a family cooking food. The food was spilled on the floor and 7 people, women and their children, refused to move from the shack. The Land Invasions Unit had not come with major security, no doubt expecting their surprise attack to be uncontested early on the 4th working day of the year. Wathint’ Abafazi Wathint’ imbokodo! They said that they’d be back the next day, no doubt with more force, but so far (3:50p.m.) they’ve not returned.

    All of the 3 shacks that were destroyed were built in August. The first shack was built by a man who was born in the settlement. He’d be living in a shack with his mother and 2 siblings but decided to build an a joining shack after his and his partner had their second child. The decision to build for growing families in Arnett Drive followed the break through in the right to expand for growing families (and to accommodate evicted people) achieved by the courageous struggle for the right to expand in Pemary Ridge.

    The second shack had been built by a man who had been renting for some time and was now a full member of the community and able to build his own place.

    The third shack was built by a man who had been living in the settlement for many years with his wife and children but had to build his own shack after he and his wife separated.

    As always people will rebuild. There simply is no other choice.

    The registration number of the City vehicle of the men that carried out the attack on Arnett Drive was NDM 6996. After it left Arnett Drive it went to Pemary Ridge where 2 unoccupied shacks were demolished. One is owned by someone temporarily working elsewhere and the other is owned by a man who has temporarily returned to his parent’s home to be nursed through an illness. The Pemary Ride residents who were in the settlement quickly gathered and confronted the Land Invasions Unit officials who told them that they would not demolish shacks marked with the City’s red X (that means that a shack is to be demolished) unless it is unoccupied. As far from ideal as this is it is a significant step forward. After many years of not expansion been allowed at all the right for settlements to expand to accommodate growing families has been won.

    Click here for pictures of the aftermath of the demolitions.

    Emailed comment from Zandile Nsibande

    I’m really surprised about the Arnett Drive eviction, because we had a meeting with the MUNICIPALITY where we agreed with them that they won’t demolish any shack without notifying ABM officials. Its an insult to us as ABAHLALI BASEMJONDOLO, THEY DON’T RECOGNISE US AS HUMAN BEINGS THEY’RE TREATING US LIKE DOGS. If we can think carefully about what is happening in NAIROBI, the Shack dwellers are being brutalised by the police because the RICH ARE ALWAYS OPPRESSING THE POOR. We won’t allow the liars to do what they like to our innocent people, we are sick and tired. “PHAMBILI NOMZABALAZO WABAHLALI PHAMBILI”, “PHAMBILI AEC PHAMBILI”, “DOWN WITH THE OPPRESSORS DOWN”,”AMMANDLA AWETHU”.

    City return to Motala today

    In Arnett Dr. the City had visited the settlement the day before the attack. They said nothing about the purpose of their visit and just said that they were there to ‘see’. Today the same thing happened at Motala. Two cars arrived (NDM 6904 and NDM 8992). When Louisa Motha asked them what they were doing there they replied ‘just having a look’ and then added that people should accept relocation and not demand to be able to ‘continue living like animals’.

    EMERGENCY PRESS RELEASE: Criminal Attack on shack settlement in Reservoir Hills
    17 January 2007

    The Arnett Drive Settlement has been in Reservoir Hills since 1972. Some of the people living there came there after being evicted from Cato Manor in 1959 and then Newlands in 1971. They know about evictions and the struggle for the right to this city. Today they are under attack by the eThekwini Municipality that has its notorious Land Invasions Unit demolishing shacks. This attack is completely illegal (there is no court order, there was no warning, no documentation has been handed over etc, etc) and under the law it is not just illegal but criminal. If the rule of law is to be followed the Municipal official who gave the order for this attack should be arrested immediately.

    Most residents are away at work and are only now rushing home to try and defend their homes or, if it is too late, to try and rescue what ever possessions may have survived the demolitions.

    Abahlali from other settlements and a lawyer from the LRC are on the way too.

    Arnett Drive residents Nosipho Mtshali (0713965981) and Zama Mhlongo (0794667052) are on the scene and can give comment.

    S’bu Zikode, president of Abahlali baseMjondolo, is on 0835470474. He is currently rushing to Arnett Drive with the laywer.

    For details of previous threats to this settlement click here

    For details of a recent threat to the nearby Shannon Drive settlement click here

    After they were roundly and internationally condemned for an entirely unprovoked and appalling violent police attack on a mass march on Obed Mlaba last year the Municipality offered to re-open negotiations with Abahlali after almost 3 years of sustained and often violent and illegal repression. Abahlali agreed to re-open negotiations if the City would immediately suspend its then current attempt to illegally evict from Shannon Drive. Those evictions were stopped. It was also agree that there would be no evictions from any Abahlali settlement without the movement being formally contacted and advised of the City’s intentions and an opportunity being created for negotiations. On the basis of this a first meeting was held in good faith. But if the City’s first act of 2008 is a criminal attack on an Abahlali settlement it looks like we are unavoidably heading into another year of conflict. Expect mass action across the city, court battles and international mobilisation against illegal evictions, the sickening racism of the Sydenham Police, the crass thuggery of Ricky Govender in Motala Heights and what many are calling attempts to re-segregate the city. Expect international calls for the arrest of City officials responsible for giving orders for illegal and criminal attacks on the poorest citizens of the city. Durban’s shack dwellers resisted attempts to expel them from the city in the 1930s. They resisted in the 1950s. They resisted in the 1980s. They will resist now. The right to the city will be defended. Sutcliffe has struck a rock.

    Featured post

    200 Shacks Burnt in Christmas Day Fire Disaster in Foreman Road

    Update, 17 February, 2008: Click here to see new video footage of the aftermath of the Foreman Road fire.

    There has never been holiday in jondolos, while everyone celebrates Christmas. Abahlali in Foreman Road got up at 11:00pm when their homes were in flames. Most residents have not been around, some were out for Christmas while others went to farms for Christmas. More than two hundreds shacks were burnt down which amounts to about five hundreds people being left homeless including women and children. The fire Dept. came at least quicker than expected although it took them at least four hours before it was fully blown off. No injuries and deaths reported.

    The movement is calling upon every contribution that could help in housing the houseless, they could not move any of their belongings. Foods, clothings, building materials etc will be appreciated. The sad part is for those who will be returning from homes this afternoon and after holidays without anything. Abahlali’s call for Land and Housing has been trying to address all these kinds of death threats and secure a clean, health and safe environment for all shack dwellers in the city.

    For further enquries please contact Mr Mnikelo Ndabankulu the Deputy chairperson of the area and Abahlali P.R.O on 0735656241 or Mqapheli George on 078224544

    S’bu Zikode

    Update: It’s now apparent that just over 200 shacks burnt down and that around 500 people have been left homeless but this figure may well be higher as many people have returned to rural homes for the holidays. People are now rebuilding using the few salvaged pieces of corrugated iron that can be beaten flat. The neighbours in the big houses, with whom the Foreman Road settlement has an excellent relationship, have helped with some wood for rebuilding. This time the City’s Disaster Management Dept came through with some blankets and food. Cllr Yakoob Baig brought some biryani round – people refused to take it.

    Cindezela lapha ukubona Isolezwe
    Click here to see the article in the Daily News.

    Threat to Torch Houses in Motala Farm
    In Motala Farm a man claiming to be the cousin of Cllr Dimba has threatened to burn down the houses of James Pillay and Mallie Govender. Local landlord Ricky Govender had threatened to bulldoze their houses but they won a court order interdicting Govender from demolishing their houses or threatening them. Since them they have been continually threatened by relatives and associates of Govender and it now seems that he may have got the local councillor on his side. This would not be the first time. On Women’s Day last year Dimba personally threatened residents (who were opposing evictions demanded by Govender) with a drawn pistol and told them, in high apartheid style, to “go back to the farms where you come from” – those residents later won an interdict halting the City’s illegal evictions. The City then returned to continue evicting but finally left the residents in peace after the SAPS threatened City officials with arrest.

    For further information on the situation in Motala Farm click here.

    Featured post

    Solidarity: Major victory in Delft! High Court judge issues interim order preventing any evictions!

    Delft Occupiers At the Bellville Court Protesting at the Arrest of 5 People for Resisting Eviction

    Major victory in Delft! High Court judge issues interim order preventing any evictions!

    Western Cape Anti-Eviction Campaign Press Release
    24th December 2007
    5pm

    In a major victory for about 1000 backyard dwellers and the homeless residents of Delft, the Cape High Court granted an interim order at 5pm today (21/12/2007) interdicting anyone from evicting or threatening to evict those residents who occupied the newly built houses in Delft last week.

    The ruling temporarily suspends the eviction order of 30th October 2006 that the police, for the past week, have been using to threaten, intimidate and evict the residents.

    The residents will appear in court again on the 3rd of January 2008 to hear the judge’s final ruling.

    The state, including Lindiwe Sisulu, Minister of Housing (who yesterday instructed the police to “clear out” the residents); Thubelisha Homes; and any associated company or individual are now totally forbidden from threatening or trying to evict the residents.

    In addition, the Western Cape Anti-Eviction Campaign is delighted that the same judge denied Thubelisha Homes application for a new eviction order.

    Although this is a short term victory, it is a very positive ruling in the sense that:

    1. It clearly prevents the DA and ANC from choosing to act unlawfully by simply unleashing huge amounts of police and private security on poor and vulnerable communities to evict them, whereas they know very well that they are supposed to seek a High Court eviction order.

    2. It shows that organised communities are clearly against the ludicrous ANC/DA forced removal plan (which goes by the name of N2 Gateway project) and that they are not going to stop resisting it, and hence the ANC/DA must shelve this plan and consult with communities towards a real solution that provides houses for all (and not some cosmetic solution that sees a couple of expensive showhouses built along the highway while everyone else gets dumped in the sand in the back of Delft, out of sight).

    3. It shows that communities are not going to be deterred from using the High Court by the high cost of overpriced advocates – in this case four Anti-Eviction Campaign working class activists worked through the nights for the whole weekend collecting over 800 affidavits to bring an interim interdict against the state, and presenting the case to the Judge.

    The police may now face a damages claim since they were informed by the Anti-Eviction Campaign this afternoon that they must hold off on evicting people, since the matter was being heard in the High Court. The police, however, refused and in fact broke the law by breaking into the houses and removing peoples’ furniture, which was damaged.

    …/ends

    For comment please call Ashraf Cassiem, Western Cape Anti-Eviction Campaign paralegal on 076 1861408 or Western Cape Anti-Eviction Campaign activists Mzonke Poni on 073 2562036 or Mncedisi Twala on 078 5808646 or Pamela Beukes on 079 3709614.

    Western Cape Anti-Eviction Campaign and Delft Residents on their Way to Seek Court Interdict

    24/12/2007
    7:15am

    The Western Cape Anti-Eviction Campaign and residents of Delft who occupied the new houses last week, are on their way to the Cape High Court to seek an urgent Rule Nisi preventing Minister of Housing Lindiwe Sisulu, from forcibly removing them at 9am this morning.

    The Campaign is confident of success since the State does not have an eviction order.

    About 1000 long suffering backyard dwellers of Delft occupied the houses last week. Although police removed them by force, unlawfully since they had no eviction order, the residents re-occupied the houses on the weekend.

    At 4am this morning massive amounts of private security and police and army entered the area and started preparing to evict people again. Yesterday, a Mr Kolbi (082 4922922) who is a manager with one of the construction companies working there threatened people with physical violence for most of the day, and tried to evict them himself.

    Thus we see the ANC’s application of their “rule of law” – private individuals are allowed to roam around freely threatening the vulnerable (Kolbi is not the sheriff of the court who does not have a court order to evict people anyway), the state deploys large amounts of forces to evict without a court order, and forced removals are the order of the day.

    For info from the court call Ashraf Cassiem on 076 1861408

    Major Clash Expected in Delft Tomorrow – 4 truck loads of police move in to evict 1000 people

    Press Alert
    Sunday 23 December 2007
    9pm

    DELFT, CAPE TOWN – A major clash looks likely to take place tomorrow (Monday 24th December 2007) from early in the morning in Delft, Cape Town.

    Today, Lindiwe Sisulu, Minister of Housing, gave the instruction to Thubelisha Homes and the SA Police to decisively remove all 1000 people who have occupied the 500 newly built BNG houses in Delft.

    Shortly after she gave this instruction, four truckloads of soldiers stationed themselves at Delft police station.

    We must point out that this looming eviction will be completely illegal. There is absolutely no eviction order from the court that would authorise the government to evict these residents.

    This also shows that the new Zuma led ANC is no better than the Mbeki led ANC, since the new ANC National Executive Committee has done nothing to try and resolve this situation. Once again, it is a case of unleashing huge amounts of police and soldiers to brutalise people who are out of sight of the public.

    However, tomorrow’s police brutality will not go unnoticed. The community has appealed for support from other communities tomorrow morning and many people will attend.

    They will also be holding a demonstration outside the Bellville Magistrates Court where three Delft activists will appear having been arrested last week for occupying the houses.

    The people of Delft have been promised houses for almost 14 years by the ANC government and by every different municipal government in Cape Town and they have every right to take over those houses which are standing empty. Like other communities in SA, Delft is in a crisis. It is extremely overcrowded and people are desperate for housing. The government has made a very foolish blunder by proposing to leave the homeless of Delft in their backyards and forcibly remove the people of Joe Slovo to Delft, where they do not want to go.

    …/ends

    For more info call:

    Ashraf Cassiem – 076 186 1408
    Mzonke Poni – 073 2562036
    Martin Legassick – 083 4176837

    Click here to see more pictures, here to read recent press articles and here to read everything on this site tagged Joe Slovo.

    Featured post

    eThekwini Municipality Launches Criminal Attack on the Shannon Drive Settlement

    Muntuza Msani, 34. She has lived in Shannon Drive since 1994. This week the eThekwini Municipality smashed up her home in the middle of a storm

    Update, 17 February, 2008: Click here to see new video footage of the Shannon Drive evictions.

    Update, 12 December: The 86 shacks still stand.

    Update, 11 December, 16:44 p.m.: After vigorous protestation and organising for resistance the City has just backed down and given a verbal agreement that they will not demolish tomorrow.

    Update, 10 December:The City returned to Shannon Drive today in the form of the Protection Services and a Mr. Coetzee informed the community that they will return on Wednesday 12 December to demolish the 86 shacks. This renewed attempt at eviction will be vigorously contested.

    Update, 9 December: The Abahlali branch at Shannon Drive has been quite small for the last two years and the settlement as a whole has not been affiliated to AbM. But today, at 11:00 a.m., a new settlement committee was elected which formally affiliated itself to Abahlali baseMjondolo. A new branch was also launched in the Arnett Drive settlement at 9:00 a.m. Abahlali now has 14 affiliated settlements and strong branches in another 23 settlements.

    Update, 5 December: The 86 shacks still stand. The City has not conceded to the demand to rebuild the 16 shacks it (illegally) destroyed. There is an excellent article in Ilanga today: Libajikele esiswini ikhansela.

    Update, 4 December, 10:53 a.m.: The Municipality have now left Shannon Drive. The residents remain organised and unwilling to stand aside while their homes are destroyed. However the Municipal officials did persist in looking for rebuilt shacks and promised that if anyone rebuilds their shack they’ll return immediately (presumably with armed force as they did in Motala Heights this time last year) to break them down. (But Motala still stands because the police were forced to threaten the Municipal officials with arrest if they continued to evict illegally.)

    Update, 4 December, 10:05 a.m.: Despite all the mobilization yesterday, despite all the media attention, despite the fact that the Municipality have had the illegality of their actions (actions which are in fact criminal as well as illegal) put to them in writing they have just returned to Shannon Drive to continue their attack on the shack dwellers. If one thing is clear it is that the eThekwini Municipality’s absolute contempt for shack dwellers is matched only by its absolute contempt for the law. Sutcliffe as city manager must be held responsible for this criminality. For up to the minute information on what is happening contact Mncedisi Mtolo 0734798561 or Nonhlanhla Mzotho 0836935872.

    Update, 4 December: The Shannon Drive eviction crisis is the front page story in today’s Isolezwe and on page 4 of today’s Mercury.

    Update, 3 December, 16:40 p.m.: The 86 shacks still stand. The immediate demand has now been extended from a written agreement not to demolish them to a demand to also rebuild the 16 shacks demolished on Tuesday.

    Update, 3 December, 11:40 a.m.: Three taxi loads of people from Shannon Drive attended the Sunday afternoon Abahlali meeting to discuss strategies to oppose these evictions and a mass meeting was held in the Shannon Drive settlement later that evening. Most people have stayed home from work, placards have been painted and other preparations made and the residents are ready to contest any attempt at eviction today. Abahlali members from other settlements are there in solidarity including Philani Zungu (0729629312). The Legal Resources Centre has agreed to offer pro bono legal support. iGagasi FM, uKhozi FM and Isolezwe have all undertaken interviews and some journalists remain at the scene.

    Saturday, December 01, 2007

    Press Release from the Shannon Drive Abahlali baseMjondolo Branch

    The eThekini Municipality Launches Another Criminal Attack on Shack Dwellers

    The Shannon Drive settlement has been here in Reservoir Hills since 1968. Most of the people here are doing domestic work in the big houses. Our whole settlement is not affiliated to Abahlali baseMjondolo but we have do have a small but strong Abahlali branch here.*

    In May this year Bhekani Ntuli from the eThekwini Municipality came to Shannon Drive. Some new shacks had been built in the settlement by people who had been made homeless in the (illegal) Juba Place eviction in December 2006 and, also, by people who have lived here for years as tenants in other people’s shacks but who now needed their own homes. Also some old shacks had been extended here, like people have done elsewhere, because families grow. When Ntuli came he said that not just the new shacks but 100 of the 200 shacks here would be knocked down if each family didn’t give him R100. He said that he wanted this bribe for “drinking money.” He also said that if we paid the bribe we would get numbers painted onto our shacks which would mean that we would not only be safe from eviction but would also get houses. We all discussed his threat and his demand for a bribe and while some people wanted to struggle with the other settlements and to go to court and stop the evictions that way the committee thought it would be safer to pay the bribe and not to offend the councillor by joining the struggle. Everyone paid the bribe and then Ntuli put numbers on all the shacks to show that they were safe.

    But at 10:00 a.m. on Tuesday 27 November the Municipality came back. They came without warning, like the rain. They said that they were going to break shacks 98-200. Although it was raining so heavily they started breaking down the shacks with Ntuli’s numbers on them. Things got broken as the shacks were smashed up and because people were at work they couldn’t save their things from the rain. They stopped after they had broken 16 shacks because the rain got too heavy for them to keep working. They said that they would come back on Monday to break the rest of the shacks (86).

    We asked them what we were supposed to do. They said “Go back where you came from.” Mncedisi Mtolo told them that the people can’t ‘go back home’. They work here, their children are at school here. Their lives are here. They then told Mncedisi to “Put the people on the road.”

    The next day the community decided to send a delegation to the Ward Councillor, Jayraj Bachu, to ask him for his help. He first said that he would check on the voters roll to see if the people asking for his help had voted in 2006. Then he blatantly said that he doesn’t want people in shacks in Reservoir Hills. He is a racist. He thinks that Indians must be at one side and that we must be at another side. How can we be good enough to do the washing, cook the food and care for the children in Reservoir Hills but not good enough to live here?

    The Municipality don’t tell us when they are coming so it is very difficult for us to be ready for them. It is clear that they do not think that we belong in this South Africa. But we know the law. We know that any eviction without a court order is against the Constitution and is illegal. We know that these evictions are not just illegal acts but criminal acts. We will spend this weekend looking for a lawyer who will be willing to act for us for free and who will go to court and get an interdict that will force the Municipality to stop these criminal attacks on us.

    We have the same right to live in this city as everyone else and we will defend it.

    For comment and up to the minute information contact:

    Mncedisi Mtolo 0734798561 (Resident in Shannon Drive for 15 years)
    Nonhlanhla Mzotho 0836935872 (Resident in Shannon Drive for 12 years)

    For general comment on the struggle that Abahlali baseMjondolo is waging across the city against the eThekwini Municipality’s criminal attacks on shack dwellers contact:

    Mnikelo Ndabankulu 0735656241 (Abahlali baseMjondolo spokesperson and one of the Sydenham 14)

    Click here for pictures of the aftermath of the Shannon Drive eviction.

    The Arnett Drive settlement, also in Jayraj Bachu’s ward, is currently also under threat of eviction. Bachu succeeding in having the Lusaka Settlement destroyed in October 2005 and the Juba Place settlement destroyed in December 2006. Click here to see him express his opinions on the merits of apartheid style forced removals of shack dwellers to human dumping grounds on the periphery of the city on video…

    Update. Three taxi loads of people from Shannon Driven came to the Abahlali meeting on Sunday evening. They are determined to resist. The Municipality has not yet had to justify these evictions. But now that resistance is growing and the media is interested in the case they will have to account for themselves and it will soon become apparent if this is another illegal eviction to be ‘justified’ in the name of the Slums Act.

    *Since this press release was written the betrayal by the councillor & municipality in the form of these sudden unannounced evictions has led more or less the whole settlement to come back to Abahlali. A lot of people in Shannon Drive had left after the vicious police attack on the November 2005 attempt to March on Mlaba. It is clear that if you live in a shack in Reservoir Hills disobedience (in the form of a legal exercise of democratic rights) might get you beaten, tear gassed and shot with rubber bullets but obedience (in the form of loyalty to your councillor) will certainly get you evicted. As time passes the choices become clearer.

    Featured post

    Neither the March nor the Money are Ours

    Thursday, 22 November 2007
    Abahlali baseMjondolo Press Release
    12:02

    Neither the March nor the Money are Ours

    The phones of the Abahlali spokespeople have been ringing all day with calls from journalists wanting to know about the shack dweller’s march that was meant to happen today and the 10 Million dollars from the Gates Foundation for Housing. We thank all the journalists for their interest. We always appreciate it. But we need to explain some things. The march is not ours and the money is not for us.

    In eThekwini alone there are more than 500 shack settlements and the people living in these settlements are represented by many organisations. We speak only for our members in 34 settlements. We work with all organisations with which we can find or build some common ground but we don’t speak for anyone else. The many other organisations all speak for themselves. This is how it should be.

    The march that was scheduled for today was organised by the South African Shack Dwellers’ Organisation (SASDO) and not by Abahlali baseMjondolo. Like Abahlali the roots of their struggle are in a 2005 road blockade (Cato Manor) and they have faced state repression with members spending time at the University of Westville Prison. But unlike Abahlali they have chosen the route of party politics. That is their choice but Abahlali is not SASDO. We are finished with putting people above us and trusting them to speak for us only to be betrayed. We speak for ourselves. Today SADSO intended to march on the City with shack dwellers from 5 wards including people from Cato Manor, Chatsworth and Chesterville. At the time of writing this press release we are informed that SADSO were persuaded to abandon the march by the National Intelligence Agency on the grounds that it would embarrass the country at the 2010 draw. They were promised a top level meeting instead. They accepted it but are still standing outside the City Hall, waiting.

    There is also a big confusion between Shack Dwellers’ International (SDI) and Abahlali baseMjondolo. Many journalists are phoning us and asking us how we are celebrating the $10 million received by SDI from the Gates Foundation.

    There is something that we need to explain. Late last year we finally got a meeting with the provincial Housing Department. We had high hopes for that meeting. It came after a huge march on Mike Mabuyakulu that was first (illegally) banned by Michael Sutcliffe and then unbanned by the court. We thought that we would be heard at last and that this meeting would mark the beginning of some progress. But when we got there they started by accusing us of working with an agent of a foreign intelligence agency paid to destabilize the country and threatening us with arrest. We were then told that if we wanted to be able to meet with the government regularly and to be able to get houses we must join SDI. The instruction was clear: stay on our own and keep thinking and speaking for ourselves and be arrested, or join SDI and be obedient and be rewarded. We refused to join SDI. We announced this on the radio. Within days the arrests and beatings started and they have not stopped since even though we are currently suing the Minister of Safety & Security and even though we have marched on the Sydenham Police. The money for SDI is not money for us.

    Abahlali happened to meet up with SDI on 25 July 2007 on an American radio station called Radio Without Borders (the interview is on the internet). S’bu Zikode from our movement was explaining how the government is failing shack dwellers in South Africa. Then Jockin Arputham, the President of SDI, came on from India to defend the South African government and to tell the listeners that it had given SDI R280 million. He was challenged. He responded by promising that he would fly to South Africa and bring Lindiwe Sisulu from Pretoria to Durban to meet with Abahlali. We have still not seen Lindiwe Sisulu in our settlements. But she praises SDI and SDI praises her while she threatens the people of Joe Slovo (Cape Town) for resisting forced removals and while we burn in relentless fires, are raped in the bush, illegally evicted from our homes, made homeless or forced out of the cities and beaten by the police.

    We have a clear analysis on what the money that our government and the Gates Foundation have given SDI is for. It is true that some of it will go to build houses. But it is important to remember that there are two kinds of houses. Some houses are built in human dumping grounds outside of the cities and people are forced to go to these houses against their will. In these houses people sometimes just rot. These houses are often worse for people than shacks. They are a kind of oppression just like forced removal to townships outside the cities was a kind of oppression under apartheid. Other houses are planned with people and are built where people need them. In these houses people can grow. If Gate’s $10 millions builds some of the right kind of houses we will welcome them as fruits of the long struggles of Abahlali baseMjondolo, the Western Cape Anti-Eviction Campaign, the Landless People’s Movement and all the communities that have been blockading roads and organising protests around the country for the last few years. These protests have created such a crisis that the government here, and its supporters outside, recognise that something has to be done. Therefore the houses built will be fruits of struggle even though they will not be given to the people who have struggled. They will be a reward for obedience. This is how things work. We therefore see the risk that these fruits of struggle will be used to try and persuade people in movements and organisations that struggle to give up their autonomy and to cease struggling which means to stop thinking and to stop demanding the right of ordinary people to also be able to plan the future of our cities.

    It is clear to us that everyone wants to speak and act in the name of the poor but that very, very few organisations are willing to speak to the poor. At first the government wanted the councillors to speak for us. Most times this failed completely. Most times the councillors spoke for the rich in their wards. If the ratepayer’s association wanted shack dwellers chased out of a ward and the shack dwellers wanted houses built in that ward the councillor would work with the ratepayers’ association to chase the shack dwellers out. This is why we buried our councillors in 2005. This is why people have been protesting against their councillors all over the country. The councillors have failed the poor and they continue to fail the poor – right now in Motala Heights both the Ward Councillor (Dimba) and the PR Councillor (Naranjee) are working with the gangster businessman Ricky Govender to chase the poor out of Motala Heights.

    But now that the councillors have lost all credibility the new strategy is to pretend that SDI represents shack dwellers. It does not. SDI is an international NGO that is embedded with local and national government and with the international organisations like the World Bank and USAid that give our government its anti-poor policies, policies that are imposed in the name of the poor. We do not want the councillors to speak for us and we do not want SDI to speak for us. The solution is clear. Every settlement in the country must be able to elect a committee and that committee must represent that settlement in its negotiations with the government. Then the housing plan for that settlement can be negotiated between the people of that settlement and the government. If settlements want to unite on a common agenda they can do so. That is democracy. We want to say very clearly that by pretending that SDI is the voice of shack dwellers and by giving them all this money our Housing Minister and the Gates Foundation are undermining the bottom up democracy, which is the real democracy, that shack dwellers are building and demanding recognition for.

    Abahlali baseMjondolo was started by shack dwellers for shack dwellers when people in the Kennedy Road settlement decided to organise a road blockade after the complete failure of ten years of working through the official channels. This was 19 March 2005. We had realised that ‘public participation’ was just a way of bluffing us and making us weak by demobilizing us. Therefore we decided to go back to the mass politics, the politics of the street, the politics of whole communities thinking and discussing. We called this a living politics.

    We have always been a democratic membership based organisation that reports to no one but our members. It is true that some NGOs tried to take control of our organisation. One NGO even tried to change the contact people on one of our press releases and to decide who should represent us at an international conference! But just as we refused the councillors we refused the NGOs and their money. We have no interest in any politics, even if it calls itself socialist, that demands to think and speak for us. We will not accept to be marginalized in our own struggles! For this the councillors and the NGOs united to call us criminals and to tell all kinds of lies about us. Our crime was to think and speak for ourselves. But we kept our dignity and our independence and we are now much bigger and much stronger than ever before. We do work with NGOs that want to speak to us and not for us but they do not lead us. They partner us on some of our projects that are projects that we have chosen and that are controlled by the discussions at our meetings. We have the same kind of relationship with progressive church leaders from all different kinds of churches. We are also asking the state to speak to us and not for us. We do not believe that planning is only for experts. We are saying that everyone can think. We believe in people’s planning. We believe that that is real democracy.

    We have created our own university and through our studies at our university we have discovered that the subsidy system that is used to build houses for the poor in South Africa comes from Chile where it was invented by academics at the University of Chicago. The reason why the academics in America were making the policy for Chile was because their government had united with the rich in Chile to get the army to murder the elected president and to take over the country (it’s a bit like what America has done in Haiti.) From there the World Bank took this system around the world. The number one problem with this system is that it results in ruralization. Houses are built outside of the cities because land is cheap there. What the poor actually need is for the government to expropriate land for housing in the cities. We also discovered that the notorious and dreaded Slum Clearance program comes from the Cities Alliance and that the Cities Alliance is a project of the World Bank and the United Nations and is supported by USAID. These people want to sweep us out of the cities and into places without hope like Park Gate and Delft. Asiyi ePark Gate! Asiyi eDelft!

    Now we find that SDI has the full support of the World Bank and USAID. We find that SDI has official partnerships with the eThekwini Municipality and the national Housing Department. We find that our government gives millions to SDI. We find that the Gates Foundation is giving millions to SDI. At the same time we find that independent mass based people’s organisations like Abahlali, like the Western Cape Anti-Eviction Campaign and like the Landless People’s Movement face police vandalism all the time. Innocent people are attacked by criminal police because they dare to think and speak about their situation themselves.

    We find that while the peoples’ organisations are speaking out against forced removals, shack fires, forced ruralization, the Slums Act, lack of toilets, rape, police violence and the new hell which is transit camps SDI says nothing about these evils and only sings the praises of the government. SDI remains silent when we are beaten but challenges us when we criticise the government! That is because they are part of the government and their money comes from the same people that gave our government its anti-poor policies and then gave them ‘international recognition’ for these polices.

    Just as some of the NGOs wanted to force us into their structure so that they could control us it is clear that our government, and the people who decide their policy for them like the World Bank and USAID, want to force us into their structures so that they can control us.

    The message to us is clear. We have two choices. (1) Think and speak and activise and plan for ourselves and have a chance of being beaten and arrested. (2) Be good girls and boys and join SDI and have a chance of getting a house.

    This is no choice. We can’t give up on the democracy we have built now. We have gone too far down the road. We have learnt too much on that road.

    We have also learnt a lot from our comrades in other organisations and in Brazil and Haiti and Turkey. Our friends in Brazil tell us that in Argentina, the government succeeded in splitting the piquetero movement in two (against and for the government), largely on the basis of “economic seduction” in different ways. They tell us that in Brazil the very important movement of landless rural workers (MST) has been weakened by the massive distribution of tiny bits of money to organisations loyal to the Lula government. They tell us that this kind of policy has proved much more efficient in undermining mobilization towards land reform than other measures implemented in the last decades (including repression, of course). Our comrades in the LPM tell us that that when the movement became strong in Mpumalanga the government came with its own social movements to deliver small bits of land and made sure the LPM comrades didn’t benefit with the result that the LPM was basically cancelled in those same communities and the struggle for land reform was set right back.

    We did not plan a march for today and we are not celebrating the Gates Foundation’s $10 million today. Today we will be consulting our for God lawyer about the continued intimidation of shack dwellers in Motala Heights by the notorious Ricky Govender, today we will be strategising about how to defend the Sydenham 14, the Kennedy 6 and Philani Zungu in and out of court, today we will be organising against the threat of (illegal) evictions in Arnett Drive, today we will be talking about how to take our struggle against fires and for electricity forward, today we are rebuilding the four shacks that burnt down in Foreman Road last night, today we are planning our next graduation at the University of Abahlali baseMjondolo, today we are planning our AGM, today we will be working on our book that will soon be published by Africa World Press, today we will be discussing strategies against the rapes that happen at night in the bush when there are no toilets for women, today we have planted flowers outside the Kennedy Road crèche.

    Today is just another ordinary day in our struggle.

    The march is not ours. The money is not for us. Our struggle is ours. Our struggle continues. Our struggle is for land and housing in democratic cities.

    For further information and comment please contact:

    System Cele 0731033437
    Mashumi Figland 0725274600

    ***********************************

    SDI Press release:

    Embargoed until Thursday 22nd November 2007 at 00:01 GMT (UK time)

    Gates Foundation gives SA-based shackdweller organization US$10 million to help urban poor improve their living conditions

    The Bill & Melinda Gates Foundation will provide US$10 million to the South African based nongovernmental organisation Slum/Shack Dwellers International (SDI) to support the urban poor in Africa, Asia and Latin America to take action to improve their housing, water and sanitation.

    It is the first time a major US foundation has made a significant investment to address urban poverty in these regions. The grant is also unusual in that it will go direct to grassroots groups that gather under the umbrella of SDI, enabling them to improve their living conditions and their capacity to negotiate with governments to secure rights to land.

    The SDI Secretariat is based in Cape Town South Africa. Its local affiliate, the Federation of the Urban Poor (FEDUP) has constructed over 13,000 housing units since 1995 and provided tenure security to an additional 20,000 families. SDI and FEDUP signed a memorandum of understanding with the Department of Housing in South Africa in May 2006. In terms of this agreement the Department has pledged R280 million worth of subsidies to the Federation.

    Sheela Patel, chair of SDI’s board says: “This grant is to build the capacity of poor communities to demonstrate to their municipalities, governments and international development agencies that self-organised communities of the poor are partners in addressing urban poverty. This
    assistance will help to build local dialogue and locally sustainable solutions.”

    To date, these grassroots groups have built or upgraded more than 200,000 homes. Worldwide, however, about a billion people live in slums or shacks, most of which lack safe water and toilets.

    This work urgently needs to be scaled up. The urban poor are tired of waiting for governments to meet their needs. They are ready and willing to improve their living conditions but need financial support to do so.

    “It is the poor who will change the city’s living conditions,” says Jockin Arputham, president of SDI and founder of the National Slum Dwellers Federation in India. “This grant to SDI from the Gates Foundation has enormous potential to show how cities can work for the poor as well as for the rich.”

    Funds from this grant will be used to support the activities of federations of informal savings groups formed by slum or shack dwellers to collectively save money and improve their neighbourhoods by securing tenure, installing toilets, improving water supplies and in some cases building houses.

    Improving the physical infrastructure is half the battle. The urban poor need the security that comes with knowing they have the right to live where they do. It is easier to negotiate with governments to gain these rights if officials can see the improvements the federations have made, especially as they are usually cheaper and of better quality than anything local contractors can build.

    “This fund is a breakthrough for slum dwellers to achieve their dreams and the opportunity to do things themselves,” says Rose Molokoane, chair of the South African Federation of the Urban Poor and an SDI board member.

    National and local governments in countries such as Brazil, Malawi, Namibia, the Philippines, South Africa, Thailand and Zambia have recognised the role of the federations and have worked with them as partners in urban development. But more often than not, governments see the urban poor as problems rather than part of the solution.

    “Most governments and aid agencies still pay little attention to urban poverty,” says Diana Mitlin of IIED’s Human Settlements Group. “And when they do, it is to finance professionally designed programmes that struggle to address this problem at an appropriate scale.”

    “With this funding, the Gates Foundation is sending a much-needed signal to such agencies to rethink their approach. This funding will greatly increase the scale at which the national federations can operate and will support the growth of new federations.”

    The foundation’s grant to SDI is part of the Special Initiatives portfolio of its Global Development Program, which works with motivated partners on focused strategies to increase opportunities for people in the developing world to lift themselves out of hunger and poverty.

    Special Initiatives grants allow the foundation to fund compelling, specific opportunities to advance development and to learn about new approaches that can inform and improve the strategies and grant-making of the Global Development Program.

    The foundation will also share results and lessons learned with a wide variety of institutions—including municipalities and national governments responsible for urban poor communities—in order to showcase how the poor can become active partners rather than beneficiaries of aid.

    “We are pleased to support Slum/Shack Dwellers International and the Urban Poor Fund,” said Charles Lyons, director of special initiatives at the Gates Foundation’s Global Development Program.

    “This grant will allow SDI to expand on its proven track record and demand-driven model and develop new, innovative ways to give the urban poor effective voices in their communities and nations.”

    SDI has slumdweller affiliates in 33 countries in the global South, including 17 countries in Africa.

    A photo gallery with images from Brazil, Cambodia, Ghana, India, Kenya and South Africa is available online at:
    http://www.sdinet.org/galleries/gallery.htm

    ENDS

    For more information or to arrange an interview, please contact:

    Jockin Arputham, president of SDI and founder of the National Slum Dwellers Federation in India
    +91 982 160 4070/ jockina@yahoo.co.in

    Sheela Patel, Chair of the Board of SDI and Director of SPARC (Society for the Protection of Area Resource Centres), India
    +91 982 113 9294/ sheela@sparcindia.org

    Rose Molokoane, chair of the South African Federation of the Urban Poor and an SDI board member
    +2782 9003187 / rose@utshani.org.za

    Joel Bolnick, secretary of SDI
    +2721 6899408 / +27829035545 / bolnick@courc.co.za

    Mike Shanahan
    Press Officer
    International Institute for Environment and Development
    Email: mike.shanahan@iied.org
    Tel: +44 (0)20 7872 7308
    Fax: +44 (0)20 7388 2826
    http://www.iied.org

    NOTES TO EDITORS

    About Slum/Shack Dwellers International

    Slum/Shack Dwellers International is an alliance of people’s organizations and NGOs seeking new and different ways of seeking to eradicate homelessness, landlessness and poverty. (see: http://www.sdinet.org) The network was launched in 1996, building on existing relationships between federations in Cambodia, India, Namibia, Nepal, South Africa, Thailand and Zimbabwe. It now includes
    eighteen federation affiliates with emerging processes of grassroots savings groups in fifteen further countries.

    The International Urban Poor Fund was created by IIED and SDI in 2001 with support from the Sigrid Rausing Trust, and has received additional support from the Big Lottery Fund and the Allachy Trust.

    One purpose of the new grant is to ‘grow’ the International Urban Poor Fund. SDI will shortly launch an independent fund with some initial funding from Sida and USAID through a multilateral aid programme called Cities Alliance. The fund’s international board will include government ministers from Brazil, South Africa and Sri Lanka.

    To date, no other significant US foundations have had funding programmes to address urban poverty in the global South. Some, such as the Ford Foundation, fund such work indirectly through governance programmes. Others, such as the Rockefeller Foundation, are considering launching an urban programme.

    About the Bill & Melinda Gates Foundation

    Guided by the belief that every life has equal value, the Bill & Melinda Gates Foundation works to help all people lead healthy, productive lives. In developing countries, it focuses on improving people’s health and giving them the chance to lift themselves out of hunger and extreme poverty. In the United States, it seeks to ensure
    that all people — especially those with the fewest resources — have access to the opportunities they need to succeed in school and life. Based in Seattle, the foundation is led by CEO Patty Stonesifer and
    co-chair William H. Gates Sr., under the direction of Bill and Melinda Gates and Warren Buffett (see:
    http://www.gatesfoundation.org/default.htm).

    About the International Institute for Environment and Development

    The International Institute for Environment and Development (IIED) is an independent, non-profit research institute. Set up in 1971 and based in London, IIED provides expertise and leadership in researching and achieving sustainable development (see: http://www.iied.org).

    Table: Details of some of the federations (for more info see: http://www.sdinet.org)

    Date founded Active savers Savings Houses Built Tenure Secured
    (No of families)

    Brazil 2005 100 $4000 150
    Cambodia 1993 11,300 $145,000 700 5,000
    Colombia 1999 60 $10,000 60
    Ghana 2003 12,000 – 0 5075
    India 1986 100,000 $1.2 million 35,000 35,000
    Kenya 2000 20,000 $50,000 100 1,000
    Malawi 2004 20,000 $50,000 800 3,000
    Namibia 1992 15,000 $0.6 million 1,500 3,500
    Nepal 1998 3,147 $173,402 44 44
    Philippines 1994 42,727 $631,830 547 26,166
    South Africa 1991 50,000 $1.5 million 13,100 20,000
    Sri Lanka 1998 21,506 $29,469 50 120
    Tanzania 2004 1,000 $2,000 250
    Thailand 1992 5 million $206 million 42,111 42,111
    Uganda 2003 500 $2,000 109
    Zambia 2002 14,000 $18,000 1,000
    Zimbabwe 1995 45,000 Z$280 million 1,000 8,500
    ————

    THANKSGIVING MIRACLE:
    GATES MILLIONS TO SLUM DWELLERS

    By Neal Peirce

    Call it, if you will, the unlikeliest marriage in the world — high-flying capitalist dollars earned by multibillionaire Bill Gates flowing to a network of Asian, African and Latin American slum dwellers who are often obliged to struggle for shelter, fresh water, even access to a toilet.
    But in a Thanksgiving Day announcement, the Bill and Melinda Gates Foundation made it official: it is making a $10 million operational and development grant to Shack/Slum Dwellers International.
    The group, known by the initials SDI and formed in India in 1996, is a loose network of grassroots organizations of the urban poor. It’s grown to millions of members in 24 nations, cities spread from Manila to Cape Town, Mumbai to Sao Paulo. Typically, members are women ready to share their meager savings in collective efforts to upgrade their homes, secure titles to the land their houses sit on, build a latrine block, perhaps start a school.
    Slum dwellers sit right across the table from local government authorities, designing projects and negotiating how they’ll be financed and carried out. It’s a far cry from aid programs conceived elsewhere and then imposed by the United Nations or World Bank, Jockin Arputham, the charismatic veteran leader of the National Slum Dwellers Federation of India and resident of Mumbai’s massive Dharavi slum, told me in a phone interview.
    In fact, it’s the failure of the big international aid agencies to materially improve the condition of the world’s slum dwellers — now estimated at 1 billion, and growing — that’s drawn special attention to SDI.
    SDI’s neighborhood organizations, notes Gates Foundation program officer Melanie Walker, “have an amazing track record. They have buy-in at the community level– it’s not outsiders imposing some program. This comes from the heart of the community — people who have ‘skin in the game.’ They’re vested in the work. They do it all themselves.”
    Affordable housing expert David Smith defines the breakthrough in other words: “SDI has cracked the problem of creating bottom-up pressure that catalyzes the poor from inchoate mass into an effective, intelligent counterpart of government and the private sector.” Smith’s non-profit Affordable Housing Institute will help SDI implement the Gates grant.
    Gates’ Walker acknowledges it was “a little bit scary” to contemplate granting $10 million to “people without a bank account.” But Gates watched SDI operations for some time and then decided to go ahead after meeting several members of its leadership team at a “Global Urban Summit” organized by the Rockefeller Foundation in Bellagio, Italy, last July.
    There are some parallels in the Bill Gates and SDI stories, says Walker — both entrepreneurial, both risk-taking. “We’re basically betting on their track record and integrity,” subscription options, please visit:
    http://lists.citistates.com/mailman/options/peircecolumns/jockina she notes, adding: “We expect our $10 million to be matched several times over by governments and previously unhelpful municipalities.”
    Sheela Patel of Mumbai, SDI’s board chair, says that through the grant, the Gates Foundation “is also learning how the poor themselves can be serious actors in the development process” — possibly a big breakthrough for global funders.
    But until I contacted Joel Bolnick, an SDI director and founder from Cape Town, it wasn’t clear how critical the Gates money may, as Bolnick puts it, “be in the hands of people who are homeless and landless directly– turning them from being beneficiaries into partners.”
    Most often, he said, when local groups demand that government give land, housing or infrastructure for free, “they get none of it.” But, he notes, SDI affiliates “have resources, networks, capacity and savings they can put on the table.” And with the Gates money they’ll be even stronger than that, able to say in negotiations with a government in India or Cambodia, for example — “If you can’t help us here, we’ll take the money and put it on the table for a deal in Zambia instead.”
    If the idea of slum dwellers playing one country off against another surprises you, try this one: slum dwellers as venture capitalists.
    As David Smith puts it, SDI five years ago was still getting its sea legs, not yet Internet-savvy, not yet organized with an effective secretariat office in Cape Town. It couldn’t have handled a Gates-sized grant. But it’s now matured, he asserts, with sufficient experience and savvy “to leverage the capital into ongoing partnerships and income streams.”
    The very strength of the Gates grant, says Smith, is that it represents unconditional, true risk money. Of course that means some deals may fail, some of the money may be lost. But like private investors, SDI can learn from failures, gain from experience and start to build true equity. “It’s venture capital for self-taught, self-chosen, effective entrepreneurs.”
    Connect that thought back to the wretched conditions, the perils of sickness, exposure, even early death that so many of the developing world’s slum dwellers face. Did someone say Thanksgiving Day miracle?

    Featured post

    Philani Zungu arrested by the notorious Sydenham police once again

    Update, 5/06/2008: Philani plead guilty and received a fine.

    Update, 4/04/2008: The case has been set down for trial on 5 June 2008.

    Update, 28/02/2008: The case has been remanded till 4 April 2008.

    Update, 11/12/2007: Philani appeared in the Pinetown magistrate's court today, represented pro bono by Catherine Moodley of Shanta Reddy attorneys. The case was remanded until 28 February 2008.

    Update, 30/11/2007: There was a reading from Philani Zungu's writing, an account of his work and various arrests and a discussion about his writing led by Nigel Gibson at the launch of the new issue of Socialism and Democracy at Harvard University, Boston, USA, today, 30 November 2007. Click here and here to see a few minutes of video footage of the Harvard event

    Update: 15/11/2007 Click here to read 'Periferie in rivolta. Nelle baracche di Durban', a short article on Philani's arrest in the Italian Magazine Carta.

    Update: 14:46, 14/11 Philani Zungu has just been released after 21 hours in custody. He was released on bail of R1000 and has to return to court on 11 December 2007. This time he was not assaulted. He was supported in court by a large group of Abahlali and represented pro bono by Catherine Moodley of Shanta Reddy's law firm. This brings the number of Bahlali currently out on bail and awaiting trial to 21. Click here to read 'Democracy in My Experience', the widely published article written by Philani after his previous arrest.

    Update: 22:00 The protest outside the police station has been dispersed. Around 50 people marched onto the police station and demanded to be arrested and put in the cell with Philani on the grounds that 'if Philani is guilty then we are all guilty'. The police refused to arrest them and instead broke up the demonstration (but without the usual gratuitous violence – Nayager was not present). People are now making their way back to various settlements around Durban and Pinetown. According to the police Philani Zungu will appear in the Magistrate's Court in Pinetown tomorrow morning. Abahlali will be there. Philani is alone tonight but, like the Sydenham 14 in the Durban Magistrate's court this morning, he will be greeted by a sea of red when he steps into the dock tomorrow morning. Qina Umhlali!

    21:00 Philani Zungu, Deputy President of Abahlali baseMjondolo, chairperson of the Pemary Ridge settlement and widely published and cited public intellectual, has been arrested by the notorious Sydenham police once again.

    In September 2006 Philani was arrested together with Abahlali President S'bu Zikode on the entirely spurious charge of 'assaulting a police officer'. The arrest was explicitly aimed at preventing Zungu and Zikode from participating in a widely anticipated debate on iGagasi FM. That night both Zikode and Zungu were severely assaulted in the Sydenham Police station – both suffered injuries with permanent consequences. This assault is now the basis for a civil case against the Sydenham Police. Papers have been served on the Minister.

    Philani was arrested again on Women's Day this year (August 9) after new shacks were built in the Pemary Ridge settlement to accommodate people illegally evicted from the Juba Place settlement in December 2006 and growing families in Pemary Ridge.

    When a number of people were assaulted and 13 people suffered wrongful arrest at the hands of the Sydenham Police at a peaceful march on the mayor on 28 September 2007 Mnikelo Ndabankulu was arrested some hours after the march. It soon became clear that Supt. Glen Nayager had mistaken Ndabankulu for Zungu. While in custody he threatened Ndabankulu (calling him Philani) and warned him to drop the civil case.

    Today Zungu has been arrested on a charge of illegally evicting electricity. Across Durban shack dwellers are connecting themselves to electricity. People are doing this because in 2001 the City decided to refuse to continue to electrify shack settlements. This has resulted in a plague of shack fires. Shack dwellers connect themselves to electricity because the city has failed them and condemned them to be relentlessly terrorized by avoidable fires. Therefore they have no choice but to act to make themselves safe.

    Abahlali members are moving towards the Sydenham Police station from across the city right now (21:00). It is inevitable that, as usual, the Sydenham Police will unlawfully declare their protest to be illegal and attack it with violence (rubber bullets, tear gas, batons etc). Everyone knows this but they are coming any way because Zungu is not a criminal and a stand must and will be taken once more.

    Fikile Nkosi is on the scene. She can be contacted on 0729629312. Fikile knows all about the Sydenham Police. She stood unmoving in the front when they invaded the Foreman Road settlement in November 2005 beating and shooting, even with pistols in some cases, as people fled. It was her mother that berated the City on the lead item on the E-TV news report that night. The New York Times reported that:

    'in an interview that he cut short, a clearly nettled Mayor Mlaba argued that the protest had been the work of agitators bent on embarrassing him before local elections next year. "Of course it's political," he said. "All of a sudden, they've got leaders. There weren't any leaders yesterday. Are they going to be there in 2006 or 2007, after the elections?" '

    Well 2007 is almost gone and Fikile is still here. Philani is still here. Abahlali are still here.

    Featured post

    Isolezwe: Evictions Terror Hits Sea Cow Lake Again


    Update:7 March 2008 Click here for an article in the Sowetan on a protest by people made homeless in this patently illegal eviction.

    Update:13 November 2007 Click here to see an article in the Daily News on the (Slums Act?) ‘transit camp’ that has been set up for the evicted families.

    After 15 years of living in a settled community people are now being evicted, apparently with a court order, after the municipality sold off the public owned land (that had been popularly appropriated for a new commonage) to a private owner. Last time around people in Sea Cow Lake vigorously resisted eviction. This is not an Abahlali settlement but, from outside, it seems unlikely that the court support for the eviction would stand up to an appeal given that people are being left homeless.

    If the Slums Act wasn’t directly appealed to to get this eviction through all the anti-poor and anti-shacks language around it would certainly have created a climate in which breaking down people’s homes with a bulldozer and leaving them homeless is considered ‘acceptable’….(And Mabuyakulu and Mabaso said that this was a ‘revolutionary policy’ which ‘only slum lords would fear’…)

    http://www.isolezwe.co.za/index.php?fArticleId=4115891

    Basale benkemile bedilizelwa imijondolo

    November 06, 2007 Edition 1 Click here for Pictures.

    PHILI MJOLI

    Basale dengwane abanikazi bemijondolo base-Sea Cow Lake ngaphandle kweTheku abadilizelwe imijondolo yabo ngoba kuthiwa umhlaba abakhe kuwo udayisiwe.

    Lezi zakhamuzi zithi sekuphele iminyaka engaphezulu kuka-15 zihlala kule ndawo futhi noMkhandlu weTheku unolwazi ngabo.

    Okhulumela lo mphakathi, uMnuz Simphiwe Mpithi, uthe bona bebazi ukuthi ingu-28 kwengu-98 imijondolo ezodilizwa kule ndawo esendaweni ethengiwe kodwa izolo incwadi efike nesikhonzi senkantolo ithe yonke imijondolo iyadilizwa.

    “Asazi ukuthi sizoshonaphi ngoba uMnyango wezeZindlu wathembisa ukutholela laba abangu-28 indawo yokuhlala kodwa manje bonke sebeshona ezintangeni. Thina asizingenelanga emhlabeni wabantu abazimele ngenkani kodwa yibo abasifice sikhona,” kusho uMpithi.

    Ikhansela lakule ndawo, uMnuz Preeth Ramchumran, lithe kuningi okungalungile okwenziwe ngesikhathi kudingidwa lolu daba.

    Uthe ngokubona kwakhe ubulungiswa abenziwanga ngoba ngesikhathi befake icala enkantolo, labalahla kwathiwa bakhe kule ndawo ngokungemthetho.

    “Ngaphezu kwalokho sacela ukuthi bafake isicelo sokwedlulisa icala kodwa konke lokhu akwenzekanga. Bebelokhu besithembisa ukusishayela ucingo kodwa lutho. Kuyadabukisa ukuthi abantu abampofu kuleli abakwazi ukusizakala ngakwezomthetho,” usho kanje.

    Uthe lo mphakathi awungeni ngaphansi kohlelo lokudilizwa kwemijondolo ngoba kade wafika.

    Uthe abanikazi abasha bale ndawo bale baphetha ukubambisana naye ekusombululeni le nkinga maqede bathenga amapulangwe ashibhile bawanika lo mphakathi bathi awuzibonele ukuthi uzoshonaphi.

    “Abanalo ilungelo lokudiliza imijondolo engekho endaweni yabo, ngakho-ke sizobuyela enkantolo,” usho kanje .

    UNksz Khululiwe Goqo nezingane zakhe ezimbili bebekhungathekile bengazi ukuthi bazoshonaphi.

    Kubukeka sengathi kusekude ukufinyelelwa esivumelwaneni ngalolu daba ngoba abaphathi bale ndawo bathi bazi ukuthi indawo ngeyabo kanti necala baliwina enkantolo.

    Ngesikhathi Isolezwe liye kule ndawo izolo lixoxe nabaphathi be-Exotic Kitchens okuthiwa bathenge le ndawo.

    “Thina sidilize okusendaweni yethu futhi imijondolo esiyidilizile ingaphansi kuka-20,” usho kanje wangafuna ukuphe-ndula eminye imibuzo.

    Featured post

    The Plague of Fires Takes Another Life in Kennedy Road


    Who do you think must get burnt Mlaba?” (March on Mlaba – 28 September 2007)

    The Plague of Fires Takes Another Life in Kennedy Road

    Last night we were terrorised by another fire. This time we were able to stop it spreading from the shack where it started. There were 13 people living in that shack. Ma Khuzwayo and her 12 children and grandchildren. Ma Khuzwayo is an amputee and she could not escape the fire. She had lived in Kennedy Road for more than 20 years and was an important member of the community. She was 52.

    Her 12 children and grandchildren have now lost their mother and grandmother, their home and all their possessions. They need urgent help. And we need support in our struggle for the electrification of shacks. These fires are terrorising us all the time because the municipality took a decision in 2001 to stop electrifying shacks. These fires are their responsibility. Many of us believe that they are trying to force us to leave our homes and to accept ‘relocation’ (which is really ‘ruralisation’) by forcing us choose between living with fires in the city or without fires in the relocation sites.

    Ma Khuzwayo is not the first person to die in the fires here in Kennedy Road. In October 2005 we lost a young child, Mhlengi Khumalo. In August 2006 we lost an old man, Baba Dhlomo. In January this year we survived a big fire without loss of life but then in April this year we lost two people in another big fire.

    And it is not just us. It is Quarry Road, it is Lacey Road, it is Jadhu Place, it is Motala Heights, it is Mayville . The terror of shack fires is everywhere and it will stay everywhere for as long as we are forced to live 13 people in one shack with candles and a paraffin stove because it has been decided that electricity is not for us and that we are not allowed to expand our shacks or to build new ones as our families grow.

    This is what the eThekwini Municipality’s electrification policy says: “In the past (1990s) electrification was rolled out to all and sundry. Because of the lack of funding and the huge costs required to relocate services when these settlements are upgraded or developed, electrification of the informal settlements has been discontinued.”

    People who are not given electricity are terrorized by the fires. People who take electricity to save themselves, their families and their homes from the fires get arrested by the police. People who expand their shacks to make more space for growing families get arrested. If we try to march legally and peacefully to ask for electricity we are arrested. Are we supposed to just accept that our only choice is to burn in the city or to rot outside it (where we are safe from fire but too far from work and schools)? We will not accept this.

    On 28 September we marched on Mayor Obed Mlaba. One of our main demands was for electrification to stop the fires. Instead of being listened to we were attacked and beaten by the police. The church leaders stood up to tell the truth about what happened that day. They have also stood with us when we have mourned the people who have passed away in the fires.

    Our struggle to be recognised as human beings continues.

    For comment or to offer support please contact Mashumi Figlan, Chairperson of the Kennedy Road Development Committee, on 0725274600

    Click here to read the story on the fire in the Sunday Tribune by Lerato Matsaneg.

    Featured post

    Illegal evictions threatened in the Arnett Drive settlement

    Discussing the Crisis

    Update, 24 January 2008: A court interdict was secured preventing the Municipality from continuing to evict illegally. Click here for the full details.

    Update, 17 January 2008: The Land Invasions Unit returned this morning. 3 shacks went down before the attack was stopped. Click here for the full details.

    Update, 9 December: The contested shacks still stand. At 9:00 a.m. today a meeting was held to elect the Arnett Drive Abahlali branch secretariat for 2008. The whole community turned out in a strong show of support.

    Update, 25 October: The X’s remain. The shacks still stand. No word of explanation from the City about if or when the men with guns will come to demolish the 19 marked homes. People remain acutely stressed.

    Update, 12 October: At 9:26 this morning 3 men from the Municipal Protection Services came to the Arnett Drive settlement in a car with the registration number NDM 6996. The two black men were in blue overalls. The white man was in army clothes. People ran to leave the work to run and come here when we saw the car come. The men said that they don’t want the new shacks here and they marked 19 shacks to be demolished. They didn’t say when they would come to break them they just put the X.

    Our chairperson Sam Jaca asked them if they had a court order. They said they don’t worry about those things. They just follow instructions from the office. We told them that two of the shacks that they had marked are old and had numbers. When we showed them that we were right they crossed out these X’s leaving 17 X’s. 79 people live in those 17 shacks. All of them have lived in Arnett Drive for years except for some few that came here from Juba Place after they were left homeless after the evictions there last year.

    We are left confused and worried. We will ask our lawyer to get an interdict to stop the demolitions like at Motala Heights.

    We have been here since 1972. It is only natural that our families will grow in that time. This is not right. Also, we still have no toilets here. No toilets from 1972 till 2007. That is also not right.

    Contact Zodwa Magwaza on 072 468 1156 or Musa Jaca on 082 738 4322.

    Click here for pictures of the 17 shacks now marked for (illegal) demolition.

    Municipal Criminality Rampant as City Threatens Illegal Evictions in the Arnett Drive Settlement

    On Friday 28 September Abahlali baseMjondolo attempted to march on Obed Mlaba. That march was illegally attacked by the police and a number of people, including elderly women and clergy, were assaulted by the police. This police criminality was condemned internationally and by a group of South Africa church leaders.

    One of the demands made to the Mayor on that march was that the city immediately cease its blatantly illegal attacks on shack dwellers in the form of eviction by demolition at gun point.

    The Arnett Drive settlement in Reservoir Hills supported the march. In fact the elderly man standing before the police with his arms folded in the picture in the Independent on Saturday is Mr. Sam Jaca, the chairperson from Arnett Drive committee. The older people in Arnett Drive know a lot about evictions. For instance Clement Mtshali was evicted from Umkhumbane (Cato Manor) in 1959. He remembers his parents participating in the famous women’s protests (his father dressed in women’s clothes). After that his parents moved to a shack in Newlands. They were evicted from Newlands in 1971 and in 1972 he moved to the Arnett Drive settlement where he has lived ever since.

    Section 26 (1) of the Constitution of this country states that “Everyone has the right to have access to adequate housing”. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) was developed to give force to Section 26 and to replace the Prevention of Illegal Squatting Act (no. 52 of 1951) which was a mechanism to enable apartheid municipalities to evict shack dwellers.

    The PIE Act applies to everyone who occupies land without ‘the express or tacit consent of the owner or the person in charge’ (Section 1). The PIE Act renders illegal the eviction of an unlawful occupier, unless the eviction complies with a number of procedural requirements the most important of which is that no eviction can take place without a court order.

    The land owner, not less than 14 days before a court hearing of the eviction proceedings, must serve ‘written and effective notice’ of the eviction proceedings on the unlawful occupier and the local municipality. The notice must set out the grounds on which the eviction is being sought, the date and time at which the eviction proceedings will be heard and inform the unlawful occupier of her or his right to appear before the court, defend the case, or apply for legal aid.

    The Act requires that a court must consider the rights and needs of certain vulnerable groups of unlawful occupiers, including the elderly, children, women-headed households and the disabled. If the unlawful occupier(s) have been in occupation of the property for longer than six months,the Act requires that the court must consider whether land is available, or can reasonably be made available, by the owner or the local municipality to which the unlawful occupier(s) can be relocated. If the court is satisfied that all the relevant circumstances have been considered, and that the unlawful occupier has raised no valid defence against the eviction, then it may grant an eviction order. The order must determine a ‘just and equitable’ date on which the unlawful occupier must vacate the land in question, and the date on which the eviction order may be carried out if the unlawful occupier(s) does not vacate the land.

    Section 8 of the PIE Act makes evictions without a court order a criminal offence.

    However the eThekwini Municipality routinely and regularly evicts without a court order. In these evictions people are routinely and regularly assaulted and they are routinely and regularly left homeless. The eThekwini Municipality is therefore a criminal municipality. If the rule of law is to be upheld officials responsible for the ongoing illegal evictions must be arrested.

    Five days after the march on Mlaba, on Wednesday last week, the city illegally evicted people in the Siyathuthuka settlement in Sea Cow Lake. They had decided not to join the march on Mlaba. The next day people blocked the road in a desperate attempt to draw attention to what was happening to them. They were assaulted by the police and 11 people were arrested. They are still in detention. They are political prisoners in what Abahlali refer to as the University of Westville Prison. The next day in the Mercury Freedom Mncama, was quoted as having said, the following just before his arrest:

    “We have been living here for 13 years, but they are demolishing our homes without giving us alternative accommodation. We have children here. Where must they go?”

    Indeed.

    Both the City and the Province tried to justify these evictions in the media in terms of the Slums Act. The Slums Act is a patently illegal piece of legislation which Abahlali will soon be challenging in the Constitutional Court. But while it remains on the statute books it most certainly does not, as spokespeople for the Provincial and City Housing Departments seem to assume, invalidate the Constitution or PIE.

    On Friday, exactly one week after the march the Municipality’s descended onto the Arnett Drive settlement to inform people that they would be evicted on Monday. They had no court order. They were threatening an illegal action. This latest outrage was discussed at an all night Abahlali baseMjondolo meeting on Saturday. People in Arnett Drive spent Sunday rushing around and getting the names and ID numbers of the 77 people at risk of being rendered homeless and rallying each other to defend their homes and their community.

    The 15 shacks that the Municipality wants to illegally demolish were built between December last year and March this year. They were built by and for people who have been established members of the Arnett Drive community for many years. The main reasons why new shacks had to be built are that:

    * Families have expanded through marriage or the arrival of relatives
    * Children are now grown and need their own homes
    * Old people need their own rooms to keep their dignity
    * People who formerly rented rooms in old shacks are now in a position to have their own places
    * It is unsafe (especially from the point of view of fires) to have too many people crowded into one shack.

    The Municipality’s long standing attempt to stop all attempts to expand existing shacks or to allow new shacks to be built simply forces people to live in ever more crowded and dangerous conditions. It is inhumane. This was well explained by the Pemary Ridge Development Committee in a letter to the Land Invasions Unit in July this year.

    On that same Sunday as people from Arnett Drive were preparing for a legal challenge to the threatened demolistions, 9 days after the march on Mlaba, 1 200 street traders were forced away from their precarious livelihood by the police. Obed Mlaba told the Daily News that: “It is happening everywhere. We have cleaned many areas in the city and also townships. This [2010] is a wonderful opportunity for us to clean up areas that have become unsavoury.”

    On Monday morning Arnett Drive approached the Legal Resources Centre for help. Most people stayed at home waiting for the City to come and evict. But the City didn’t come to evict. Perhaps they stayed away because of the rain. On Tuesday the LRC sent the City a letter explaining, once again, that if these evictions are carried out they will be illegal and will result, again, in court action. So far the homes are still standing. But there has been no reply from the City and no guarantee that the threat to evict will not be carried out at any time. No one knows what will happen tomorrow, or the next day. No one knows whether to go to work or to stay at home.

    Interdicts have been won in the past against private land owners and the Municipality. In fact both kinds of interdicts have even been won in the same place – Motala Heights.

    Getting the Municipality to obey the law is not as easy thing. When they came to smash up people’s homes in Motala Heights Bheki Ngcobo tried to show them a lawyer’s letter explaining that their actions were illegal. They assaulted him. Then Bheki went to court. The judge gave him and the people he represented an interdict against the City. But the City just ignored it and came back to keep on smashing up homes in casual violation of the court order. It was only when Bheki was, with the help of the LRC, able to persuade the police that they were obligated to arrest municipal staff if they violated an order of the court and to get the police to make this clear to the municipality staff that they finally left Motala Heights in peace.

    What do you do when you are poor and the people with the guns and the jails and the machines that can smash your home are criminals? What do you do if you live in a shack in Durban?

    To stay in touch with the situation in Arnett Drive contact Zodwa Magwaza on 072 468 1156. Tonight she doesn’t know if she’ll have a home tomorrow.

    Featured post

    March on Mlaba – Final Press Release (& Updates on Police Attack & Aftermath)


    This is what (state) democracy (really) looks like in South Africa….

    Update 14: January 2010 – There is now some video footage of the march (taken before the police attack) on YouTube here and here.

    Update 13: January 2009 – The Human Rights Watch 2009 World Report makes specific mention of the violent attack by the Sydenham Police on this peaceful Abahlali march in its Chapter on South Africa. The Centre for Housing Rights and Evictions also condemned the Sydenham Police for this attack, and other actions against Abahlali, and called for a commission of inquiry into the Sydenham police in a report on housing rights in Durban issued last year.

    Update 12: 29 January, 2008 – All charges against the Abahlali 14 were dropped in the Durban Magistrate's Court today after the prosecutor told the Magistrate that "there is no possibility of a successful prosecution in this matter." As the 50 or so Bahlali exited the court Mam Kikine, who was one of the 14, and who was shot 5 times in the back with rubber bullets at close range during the March on Mlaba in September last year, asked "Uphi uNayager nezinja zakhe?"

    Update 11: The case has been remanded till 28 January 2008. There is an article on the march (and its violent repression) in groundWork's December newsletter.

    Update 10 13/11/2007: The next court appearance for the Sydenham 14 will now be on 28 November 2007 in the regional court. Also, Mashumi Figlan's response to the police attack on the march has finally been loaded onto this site and the new issue of iBandla koweZindlu is all about the march and its repression.

    Update 9: Click here for the minutes of the meeting held with Church Leaders to discuss the violent police attack on the march, here for an article on the police attack and the debate about dangers to democracy in South Africa by Stephen Friedman, here for a follow up article by Na'eem Jeenah and here for the full exchange of letters between COHRE and City Manager Michael Sutcliffe.

    Update 8: Only 6 days after the criminal police attack on the Abahlali march police attacked a protest against the illegal eviction of 50 families who have been living in Sea Cow Lake for 8 years wounding still more people and arresting a further eleven. The municipality tried to justify their illegal evictions in the name of the Slums Act. The Sydenham 14 appeared in court on 2 October and the case was remanded for further police investigation. The next court date is 13 November.

    Update 7: Click here to see the first batch of pictures to have come through the net of water cannon damage and police confiscation and deletion, here to read Police Violence in Sydenham, 28 September, 2007: A Testimony by Church Leaders, here to read An Open Letter to Obed Mlaba & Mike Sutcliffe by the Centre on Housing Rights & Evictions (Geneva), here to read a report on these two statements in the Sunday Tribune, here for some newspaper pictures of the march and here for the article in the Weekly Gazette.

    Update 6 (Sunday, midnight): Click here to read S'bu Zikode's response to the attack on the march – Silencing the Right to Speak is Taking Away Citizenship and here and here for responses from Jacques Depelchin (DRC) and Anilliah Masaraure (Zimbabwe), here for a short solidarity statement from Peoples' House in Turkey and here for a solidarity statement from the people of Dikmen Valley, Ankara, Turkey.

    Update 5 (Sunday evening): Numerous people have suffered minor injuries and the list of people who have received or who are receiving hospital treatment includes 2 people from Kennedy Road, 2 people from Joe Slovo (Durban), 1 person from Isaka ('Maritzburg) and 1 person from eNkwalini. Ma Kikine, 53, of Joe Slovo has been shot 5 times in the back and once on the back of the left arm at close range with rubber bullets. She is obviously frail and was obviously in great pain but did not receive any medical attention while in custody.

    Update 4: Click here for the Memorandum that Mlaba didn't bother to come and collect, here for an article in the Independent on Saturday, here for an eyewitness account by Mark Butler, here for comment from Mnikelo Ndabankulu, here for comment from Brother Fillipo Mondini (here for a response by Jacques Depelchin), here for An open letter to Lindiwe Sisulu from 'Citizens Against Privatization' in New Zealand and here for an article in the Italian magazine Carta.

    Update 3 (21:00): All 14 comrades have been released after a lawyer and other forms of pressure enabled an emergency bail hearing. No one was assaulted while in custody. They are due in court on 2nd October. They have, ironically (but typically), been charged with two of the many crimes committed by the police today – violating the gatherings act and public violence.

    Update 2 (13:40): Mnikelo Ndabankulu has just been arrested. He went to visit the arrested comrades and was immediately arrested himself on arrival at the police station, bringing the number behind bars to 14. This type of action will make it very difficult for AbM to support those inside effectively. Lawyers have been informed that bail is being denied and that the 14 will have to appear in court on Monday to request bail.

    Update 1 (12:30): Once again an entirely peaceful protest has been broken up, without warning, by an unprovoked police attack. Once again a number of people have been injured. At least 13 people have been arrested on the command of Glen Nayager despite assurances (below) that they would be given the right to pray and march peacefully. They are currently languishing in jail while Nayager, and his bosses, mock the constitution. But the good news is that while the police were rioting in Sydenham an interdict was won in the Durban High Court preventing Ricky Govender from demolishing the home of Mr & Mrs. Pillay and from intimidating or assaulting them. (Click here to read reports on the interdict in the Mercury and the Post.)

    Mass March on Mlaba on Friday 28 September 2007: Final Press Release

    Across South Africa shack dwellers are rejecting forced removals and asserting their right to the city in a series of popular mass protests unparalleled in post-apartheid South Africa. There have been thousands of protests in the last few years. This week has seen mass action all over the country. On Tuesday 5 000 shack dwellers from the Joe Slovo settlement in Cape Town went to the High Court to register their intention to oppose Lindiwe Sisulu's planned forced removals. Members of Abahlali baseMjondolo were there in support. Yesterday in Johannesburg people from the Protea South, Kliptown, Thembelihle, and Thembisa settlements marched on Sisulu’s offices in Pretoria. Tomorrow thousands of shack dwellers will march on Mlaba in Durban.

    There is no conspiracy behind this national wave of mass protest. Most times there is no donor or NGO support. Most times we are on our own and have to stand up for ourselves because we are being treated as if we do not belong in this country. The explanation for what is happening to us is very simple. The ‘experts’ and the rich and the politicians speak about us and for us. They see no reason to speak to us. Therefore decisions are taken for us and not with us. The results of this are clear. We are being denied basic services in the cities. In many settlements thousands of people find themselves sharing one tap or one toilet. Some settlements must live through 3 or 4 fires in one year because electricity is no longer installed. We do not suffer like this because delivery takes time or because money is short. We suffer like this because it has been decided that our settlements must be eliminated and so services are being withheld. When ‘housing delivery’ comes it is not what we fought for and it is not what we were promised. When ‘delivery’ comes some are being made homeless and others are being forcibly removed to rural ghettos like Delft in Cape Town and Park Gate in Durban. The word for this is oppression. It is therefore clear that we have to rebel just to survive. As S'bu Zikode famously said “The Third Force is all the pain and the suffering that the poor are subjected to every second in our lives.” There is only one hidden cause of these protests – it is that the suffering of the poor is hidden to those who have decided that they are too high to need to speak to ordinary people.

    Tomorrow's march has the support of a large number of churches and will begin at 9:00 a.m. with a mass prayer meeting in the Kennedy Road Hall to be led by Bishop Purity Malinga from the Methodist Church. The march will then proceed up Kennedy Road and left into Clare Road and straight into Randles Road. It will stop at the corner of Randles Road and Sparks Roads where another mass prayer meeting will be held before the memorandum is read to Mayor Mlaba.

    Our comrades in the Combined Harare Resident's Association have issued a statement in support of the march.

    Mike Sutcliffe has given written permission for the march. Glen Nayager has met with Abahlali to assure us that his officers will act to support the right to march. We have elected and trained 1000 marshals. There has been intense mobilization all week and final mobilization meetings will take place this evening. These meetings will include an all night meeting in Kennedy Road, an all night meeting in Empangeni and a film screening and discussion in Foreman Road.

    It is rumoured that Mlaba will send Ward 25 Councillor Yakoob Baig to collect the memorandum. Yakoob Baig was buried on 14 September 2005. Thousands of people have participated in the discussions that have flowed into the development of our carefully worked out memorandum. We do not intend to give it to a ghost. We are finished with Baig, just as we are finished with Bachu and Dimba and all the rest of the councillors. They have never spoken for us and we took a decision, two years ago, to speak for ourselves.

    While Abahlali are marching through Clare Estate and Sydenham the policy making elites will be meeting with the business elites in the ICC for their 'Housing Summit'. While they plan how to make money in the name of the housing crisis we will be marching. On the Esplanade an urgent application will be heard in the High Court. It has been brought by Abahlali to interdict the notorious Ricky Govender from bulldozing the tin shack in which the Pillay family have lived for the last 16 years in Motala Heights. Last week we had a mass meeting in Motala Heights. The people unanimously asked us to march on Govender next. We have heard their cry.

    The press statement below has been updated with the new demands that have emerged in the discussions in each branch and affiliated settlement leading up to the march and with the new settlements where people have decided to join the march.

    Abahlali baseMjondolo Press Statement

    Abahlali baseMjondolo to March on Obed Mlaba for Land & Housing in the City on 28 September 2007

    We will march on Mayor Obed Mlaba on Friday 28 September 2007. We will leave from the Kennedy Road settlement at 9:00 a.m. and will, once again, march to Cllr. Yakoob Baig’s offices at the corner of Sparks Road and Randles Road where Mayor Mlaba has been asked to meet us.

    The City gives us no choice but to march. If we just carry on with our ordinary lives our ordinary lives will continue to consist of being burnt in the fires, being raped when we try and find a place to go to the toilet in the night, having our homes demolished and either being left homeless or being forcibly removed to rural human dumping grounds like Park Gate far from where we work, school, shop and pray and far from the libraries and sports facilities that we use. The city flagrantly breaks the law when it carries out its illegal demolitions and evictions. When we try to speak we are beaten, arrested and slandered. The basic rights to free speech and association guaranteed to us in the law are just denied to us. Our requests for meetings for us to be able to discuss our future are not honoured. For instance on 28 June we received a fax from Cogi Pather, the Head of Housing, stating that “The Municipality is not keen to enter into a protracted debate with a large group of people.” We are treated as if we do not belong in this country. We are treated as if the law is not for us, as if the land is not for us, as if the electricity is not for us, as if the schools are not for us, as if the city is not for us. This is not democracy. This is not justice. The City gives us no choice but to march. We will march under the banner of ‘Land & Housing in the City!’

    Operation Vuselele & Our Demands

    We have elected a team of march organisers who have been setting up meetings in settlements everywhere. We have a large number of mass meetings scheduled in other settlements for next week at which support for this march will be discussed and so is likely that support for the march will continue to grow. Each settlement, group of people in each settlement or organisation that decides to support the march are discussing their list of demands. Next week representatives of all the settlements and organisations will meet and we will draw up a collective memorandum. But there is already strong support for the following demands to be made to Mayor Mlaba:

    • An immediate moratorium on all evictions, demolitions and forced removals
    • An immediate moratorium on the eviction and harassment of street traders
    • An immediate commitment to seriously explore the possibility of upgrading rather than relocating each settlement and to undertake this exploration in partnership with each settlement
    • An immediate moratorium on the selling of government owned land to private developers
    • A commitment to the expropriation of privately owned land (e.g. Moreland land) for collective, social housing
    • An immediate moratorium on the exclusion of the poor from schools and universities
    • An immediate commitment to breaking with the current undemocratic form of development and to accepting the right of people to co-determine their own future.
    • The immediate building and maintenance of sufficient numbers of toilets in all settlements (for our dignity, to keep us safe from disease and to keep women safe at night)
    • The immediate provision of electricity in all settlements (to stop the fires that have plagued us since the City stopped providing electricity to shack dwellers in 2001)
    • The immediate provision of adequate water in all settlements
    • The immediate provision of refuse removal in all settlements
    • The immediate provision of support for community run creches
    • The immediate recognition that all settlements will experience natural growth, especially as children grow up, and that this requires existing shacks to be expanded and new shacks to be built
    • An immediate explanation as to what happened to the R10 billion Phoenix East housing development promised by Obed Mlaba after we marched on him on 14 November 2005
    • An immediate explanation as to what happened to the piece of land adjacent to Loon Road promised to the Foreman Road settlement for housing by Obed Mlaba when he visited the settlement while campaigning for the 2000 local government elections.
    • An immediate investigation into the rampant corruption in the drawing up of housing lists
    • An immediate investigation into the activities of the notorious Pinetown gangster landlord Ricky Govender (including his violent intimidation, illegal evictions and alleged cut rate purchase of publicly owned municipal land with the aim of evicting shack dwellers and building high-cost housing for his private profit)
    • An immediate investigation into the activities of the notorious police officer Glen Nayager

    We also have demands to the provincial government:

    • The Slum Elimination Act is immoral and illegal. Our settlements are communities to be developed not slums to be 'eliminated'. This Act must be scrapped immediately.
    • There must be immediate action to prevent farm workers from being evicted and harassed.
    • There must be immediate action to prevent the enclosure of land for private game reserves.
    • There must be immediate action to prevent the eThekwini & Msunduzi Municipalities from continuing to carry out illegal evictions
    • We opposed the hosting of the 2010 World Cup on the grounds that we couldn't afford to be building stadiums when millions have no houses. But now that it is coming there must be an immediate commitment to declare that the World Cup will be an ‘100% Evictions Free World Cup’ all across the province. i.e. That there will not be any evictions of shack dwellers or street traders.

    We will also use the platform created by this march to publicly state our full support for the people of Joe Slovo, in Cape Town, who are heroically resisting forced removal to the human dumping ground of Delft, and for the people of Khutsong. Since 2004 shack dwellers across the country have been protesting against evictions, forced removals, failure to provide even the most basic services to settlements and the completely undemocratic form of development that ‘delivers’ us out of the cities. All of these struggles began in confined corners but now we are getting to know each other. We will stand together and fight together. We have no choice. Everywhere we are under attack.

    Support for the March

    So far people from the following settlements and organisations have confirmed that they will attend this march:

    Durban: Kennedy Road, Foreman Road, Jadhu Place, Puntan’s Hill, Burnwood Road, Banana City 1 & 2, Joe Slovo, Crossmore, Arnett Drive, Pemary Ridge, Shannon Drive, Kenville, eMgudule

    Pinetown: Motala Heights, New eMmaus, Mpola

    Pietermaritzburg: Ash Road, Eastwood, iSaka (Mkondeni), The White House

    Port Shepstone: eGamalakhe

    Rural Network: Babanango, Newcastle, Pongola, Utrecht, Richmond, Greytown, Melmoth, Empangeni & eNkwalini

    Landless Peoples’ Movement: Pongola, Eston

    Socialist Students’ Movement & other UKZN students: UKZN, Durban

    Various churches and clergy: Durban & Pietermaritzburg

    Comment on this March

    Mnikelo Ndabankulu 073 5656 241
    Shamita Naidoo 0764940965
    Lousia Motha 0781760088
    Philani Zungu 0729629312

    Comment on shack dwellers' struggles in Jo'burg & Cape Town

    For comment on shack dwellers' struggles in Jo'burg contact Maureen Mnisi from the Landless Peoples’ Movement on 082 337 4514. For comment on shack dwellers' struggles in Cape Town contact Mzwanele Zulu from the Joe Slovo Task Team on 076 3852369 or Ashraf Cassiem from the Western Cape Anti-Eviction Campaign on 076 1861408.

    Featured post

    N2 Gateway and the Joe Slovo informal settlement: the new Crossroads?

    Updates are being added below – scroll down to see them or click here to see the Joe Slovo solidarity digital archive.

    http://www.capeargus.co.za/index.php?fSectionId=3131

    Since the launch in 2004 of N2 Gateway, Housing Minister Lindiwe Sisulu’s pet ‘flagship’ project has run into problem after problem: delayed delivery, cost over-runs, above all lack of consultation. In their 2004-5 report the Development Action Group, an NGO, wrote “The top-down approach in the N2 project undermines its overall sustainability… The casual, continued and increasing practice of excluding people from decision-making about development processes that directly affect their lives is an obstacle that communities are unlikely to tolerate for much longer.”

    Their prognosis was vindicated this week when the discontent of Joe Slovo residents boiled over and they closed down the N2 freeway at peak time on Monday morning. After the January 2005 fire, which destroyed 3000 shacks and made 12,000 people homeless, Joe Slovo residents were promised priority in the allocation of N2 Gateway housing. But they were not accommodated at all in the allocation of phase 1 flats. Now in 2007 what they face is being forcibly removed to Delft on the outskirts of the city to create space for the building of phase 2, not for them, but for those better off. They have lived in Langa for years and don’t want to be removed to the margins of the city far from job opportunities

    What the Joe Slovo residents are asking for is RDP housing built in the area for them, and they have a plan as to how this can be done without any forced removal at all.

    Incredibly, as a result of their occupation of the N2, they have instead been threatened by Lindiwe Sisulu with being struck off all housing waiting lists because they refuse to “cooperate with government” in their eviction. Additionally she said she had consulted with lawyers about “legal avenues to compel” their removal.

    Sisulu’s first threat, of course, violates the constitutional right to housing enjoyed by every South African. “She has declared we are not South African” says Joe Slovo elected task team member Sifiso Mapasa, echoing the famous words of Sol Plaatje about the segregationist 1913 Natives Land Act, that it turned Africans into “foreigners in the land of their birth.” Moreover housing allocation is a provincial not national competence, and Sisulu’s action is therefore additionally illegal. As well, at the whim of the minister her declaration punishes each resident for refusing to cooperate with government, without even a hearing – a third constitutional violation! Sisulu is losing her senses.

    The Western Cape (and City of Cape Town) waiting lists are anyway, in the words of regional COSATU general secretary Tony Ehrenreich, “a joke”. There is a backlog of some 400,000 houses in Cape Town yet Dan Plato says there are only 3060 names on the city’s waiting list! The houses being built each year in the whole Western Cape are not more than 20,000, barely enough to meet population increase, let alone the backlog. How many people have been waiting 20 years and more on the lists? The government could put the 4-8 million unemployed to work on a crash programme to build homes if it were not wedded to the capitalist profit system.

    Sisulu claims that Joe Slovo residents “would have to make way for people higher up the housing waiting list.” But Phase 1 N2 Gateway housing was not allocated on the basis of waiting lists because very few people could be found who were economically eligible. Instead advertisements were placed in police stations to attract new applicants. What reason is there to expect any difference in Phase 2, which is so-called ‘gap’ housing for those earning between R3500 and R7500 a month? Rather than allocation by waiting list, she is moving out the poor to make way for the better off.

    Some people ask why Joe Slovo residents are objecting, since they are only being ‘temporarily removed’ to Delft. But the national housing director-general has admitted that the plans are only to build houses for 1000 people on the Joe Slovo land, whereas there are presently 6000 residents. Thus, even if each one of those 1000 was a Joe Slovo resident, 5000 would be stranded in Delft. But, since the projected phase 2 is ‘gap’ housing, most Joe Slovo residents (and most of those on housing waiting lists) will be economically excluded anyway.

    Transport MEC Marius Fransman maintained it was “unacceptable” in our democracy to blockade the N2 when “we have the opportunity to access the government.” But Joe Slovo residents have tried many times to “access the government”. On 3 August they marched to parliament to present a memorandum to Sisulu and asked to meet her. It was received by her personal assistant, who promised a reply within a week. In fact the only reply by Sisulu was a disdainful one reported in an article in the back pages of the Weekend Argus (25/8/2007). Sisulu did not even have the courtesy to deliver her reply to those concerned. Thus she undermined our democracy.

    In her reply she accused Joe Slovo residents of being “unwilling to accept that communities of the future would cut across race and class.” If that is what she wants, then why does she not “cut across race and class” and (as Ehrenreich suggested) move them to Constantia? She claimed she wanted to “eradicate slums”. But what she is doing is merely moving the Joe Slovo ‘slum’ to Delft and installing better-off people in their place.

    Sisulu does not like the term “forced removal.” But what substantive difference is there in her present search for means of “compulsion”, from the apartheid government of the 1970s wanting to forcibly evict Crossroads residents out of Cape Town altogether?

    I was an eye-witness to the events of Monday morning from 4am, having been invited to observe by the task team. What I saw even in the dark was a peaceful protest interrupted by a police riot. Contrary to some news reports no guns were fired at the police. Nor were stones thrown, until the police had wounded some 12 people with rubber bullets. Riotous police behaviour was witnessed by reporters again later in the morning when police opened fire on a crowd including old people, children and women with a mere 20 second warning, and wounded many more. As of today the police are still occupying Joe Slovo and arresting people at will.

    On Tuesday two leaders in Joe Slovo were arrested on charges of “public violence” for daring to ask the police for permission to hold a general meeting! This too was a constitutional violation. There is a police-state atmosphere of intimidation in Joe Slovo in no way compatible with the democracy talked about by MEC Fransman.

    Sisulu’s refusal to meet Joe Slovo residents makes her responsible for these injuries and actions. She now has the blood of women and children on her hands.

    She claims that Thubelisha, project manager of N2 Gateway, is responsible for interacting with residents and that she has “the fullest confidence” in them. Thubelisha was established to build houses, and lacks people-management skills. Residents of Joe Slovo have met with Thubelisha management several times, to no avail.

    At the same time as the complaints of Joe Slovo, the N2 Gateway phase 1 residents also have their grievances. Selected as beneficiaries, at preparatory workshops they were suddenly told that rent would be increased from the R350-R600 advertised to R650-R1000. Desperate for housing, and given no time even to read the long contracts, they signed. They moved into the flats – only to find cramped accommodation, serious structural problems, cracks in the walls, hopelessly defective plumbing, and so on. Later they discovered that some people were paying the old rents (which even Thubelisha admits is an ‘anomaly’). Thubelisha has not addressed their problems to their satisfaction. They have launched a rent boycott in protest, and also marched to parliament on 17 July to present a memorandum to Sisulu – to which she again responded only in the media. They also are threatened with eviction.

    The N2 Gateway ‘flagship’ project has become a fiasco.

    The high-handedness of Sisulu in all this is also reminiscent of old apartheid ministers. Her behaviour is a symptom of the arrogant, aloof, and self-satisfied unwillingness to listen to ordinary people that increasingly characterises the Mbeki government. Sisulu talks of frequent “consultation” with communities over N2 Gateway. But this “consultation” has not involved listening but rather telling communities what they should do.

    Minister Sisulu must come to her senses. By delegating the handling of her pet project to others, she has been acting like a coward. Instead of issuing ultimatums from afar, she needs above all to meet with and listen personally to Joe Slovo residents (as well as those of N2 Gateway phase 1). Then it will become clear to her that both communities are united in their demands, and that they can suggest answers to their problems. Both communities are insistent that any attempt to forcibly evict them will be challenged in court, and physically if necessary. But there is a way out of this conflict, if Sisulu lives up to her responsibilities.

    Martin Legassick is Emeritus Professor of History at the University of the Western Cape. For pictures of the blockade and the police attack, as well as a small archive of Joe Slovo task team press statements click here. Some updates have been pasted in below.

    ********************************************************
    http://www.sowetan.co.za/News/Article.aspx?id=562180

    12 September 2007

    Housing Minister Lindiwe Sisulu is playing with fire.

    This is the warning from civic groups after Sisulu’s threat to remove protesting homeless people from the housing waiting lists.

    Speaking in parliament in Cape Town yesterday, Sisulu said: “If they choose not to cooperate with government, they will be completely removed from all housing waiting lists.”

    But Philani Dlamini, president of Abahlali base Mjondolo, said it was a disgrace for the minister to even contemplate such a move, “especially in the face of rampant corruption and the fact that some people have been on the waiting lists for more than 10 years”.

    “People do not protest because it is fun. They are homeless and they are trying to knock some sense into politicians’ heads,” he said.

    Anti-Privatisation Forum leader, Trevor Ngwane, said Sisulu’s threats were a clear indication that there were no waiting lists.

    “If every community was to protest who would be on her waiting lists?” asked Ngwane.

    He said more protests should be expected because the government was becoming arrogant.

    “They have no plan to build houses for people, they only have a plan to build stadiums for the World Cup,” he said.

    During question-and-answer time, Sisulu said that the government was developing a national database with strict criteria that would give housing first to children, the elderly, the sick and women-headed households.

    Her comments came in the wake of protesters from the Joe Slovo informal settlement in Cape Town setting up burning barricades on the N2, stoning vehicles and destroying houses under construction.

    Sisulu said the new database was aimed at eliminating corruption in allocating houses. She said the database would be similar to that used by Home Affairs and the Independent Electoral Commission. She said some of the criteria would include age, vulnerability such as sickness and whether children were involved. She said that women-headed households would “rank highly”.

    “By the time the list is consolidated no one can move anyone, anywhere, anytime, without the permission of the minister,” said Sisulu.

    The minister said that the government would only provide housing to those who could not afford to buy their own. She appealed to the “able-bodied” to approach the government for help to build their own houses.

    The government’s flagship N2 Gateway housing project has been dogged by controversy since its inception as residents have complained of shoddy workmanship and high bonds and rents.

    **************************************************
    Update

    Date: Fri, 21 Sep 2007 00:04:08 +0200
    Subject: Lindiwe Sisulu gets eviction order against Joe Slovo informal settlement

    Cdes,
    Today Lindiwe Sisulu, housing minister, Richard Dyantyi, provincial MEC for housing and Thubalisha homes got an eviction order against Joe Slovo residents. The issues and background have been already presented on this list.

    This is apartheid-style forced removals, now on the basis of wanting to evict the poor to the outskirts of Cape Town to make way for the better off, rather than on the basis of race. It is no less dictatorial. The order will be resisted, in courts and through direct action in Joe Slovo.

    Can comrades please send protests as follows (with copies to me at mlegassi@iafrica.com )

    Lindiwe Sisulu
    Minister of Housing,
    Private Bag X654,
    PRETORIA
    0001
    Phone: +27 12 421-1309
    email: mareldia@housing.gov.za

    Lindiwe Sisulu,
    Private Bag X9029
    CAPE TOWN
    8000
    Phone: +27 21 466-7600

    Richard Dyantyi
    Private Bag X9076,
    CAPE TOWN, 8000
    Phone: 27 21 483 4466
    email: shmajiet@pgwc.gov.za

    Prince Xhanthi Sigcawu,

    General Manager

    Thubelisha

    129 Bree Street
    Cape Town
    8001
    Western Cape

    Phone: 27 21 487-9200
    email: jerimiat@thubelisha.co.za
    Comradely,
    Martin

    ****************************************************
    Joe Slovo residents will be at Cape High Court in large numbers tomorrow and protesting there Wednesday

    Monday 24 September 2007
    5pm

    The 6000 residents of Joe Slovo informal settlement in Langa, Cape Town will be individually handing in their legal notice of their intention to oppose the state’s application to forcibly remove them from their land.

    The residents will be doing this all day tomorrow at the Cape High Court, ahead of Wednesday’s hearing. The Ministry of Housing has applied for a court order which would allow them to forcibly remove 100 families per week for the next 45 weeks, and this will be heard by the court on Wednesday. Each and every resident vowed at community meetings this week that they would oppose this application in the High Court. The law allows for each and every resident to state why they feel they should not be forcibly removed and they intend to do just that.

    On Wednesday 26th September 2007, the residents will hold a mass protest outside the High Court.

    For comment call the Joe Slovo Task Team directly on these numbers:

    Mzwanele Zulu – 076 3852369; Mr Sepaqa – 076 9192115; Mr Mapasa – 083 7371711

    The Cape Town Anti-War Coalition was disgusted to hear that the State has tried to undermine the court’s ruling by apparently already selling off the land of Joe Slovo settlement to First National Bank, allegedly for a paltry R5 million. The community has heard that FNB has now tasked Thubelisha Homes (the BEE company which builds poor quality houses across the country) with removing the current residents from the land.

    The Cape Town Anti-War Coalition also calls upon the media to refrain from referring to the Joe Slovo residents as “squatters” whereas in fact they have been living on the same land for more than ten years and have established a tightly knit community and resource centre, among other amenities. CTAWC also urges the media to check back on previous articles about the area, because this community was long promised RDP houses on the land where they are living, and thus their demands for these homes are entirely legitimate.

    **********************************************
    5 000 at Court to Fight N2 Evictions

    www.iol.co.za/index.php?set_id=1&click_id=139&art_id=vn20070925144104834C708843

    Joe Slovo residents fight eviction notices
    September 25 2007 at 06:32PM
    By Dianne Hawker

    Thousands of Joe Slovo residents gathered on the Foreshore on Tuesday morning to oppose the department of housing’s decision to evict from the N2 Gateway housing site.

    The protest comes on the eve of a planned removal of families from Joe Slovo to Delft to accommodate the N2 Gateway project.

    Hundreds of residents boarded trains in Langa into Cape Town on Tuesday morning.

    Shouts of “viva” could be heard outside the Spoornet building in Adderley Street as the large group of men, women and children, arrived bearing eviction notices which were served on them last week.

    The group did not appear to have any legal representation but a man, using a public address system, could be seen calling groups of five people to come forward at a time to have the eviction notices stamped.

    There was a strong presence of SAPS and Metro Police who kept watch over the crowd, which demonstrated peacefully.

    A fortnight ago, protesting Joe Slovo residents blocked the N2 highway for several hours during violent clashes with police over a government plan to temporarily move them to Delft.

    The housing department then approached the Cape High Court for an order which sought to allow the removal of 100 families per week, for the next 45 weeks, to temporary housing in Delft.

    ***************************************

    www.iol.co.za/index.php?set_id=1&click_id=124&art_id=vn20070926035152110C743437

    5 000 at court to fight N2 evictions

    Fatima Schroeder
    September 26 2007 at 07:42AM

    It was a day Cape High Court officials will probably never forget.

    Two tables were hauled into the foyer of the court building and officials lined up behind them to stamp about 10 000 documents – two copies of a notice from each of the 5 000 families living at the Joe Slovo informal settlement to say they intend to oppose a government application for their eviction.

    The notice was a single page, comprising no more than 150 words, and had to be stamped twice: by the court and attorneys.

    It took the gathering of about 5 000 people more than five hours to have each of their two copies stamped by the court and by employees of Nongogo and Nuku Attorneys – the firm representing the government and housing company Thubelisha Homes.

    They came by train to the city centre shortly before 11am and moved to the Paul Sauer building to the firm of attorneys representing the government and Thubelisha Homes.

    There they wanted to serve a copy of the notice on the attorneys.

    But they were told to wait outside the court, where representatives of the firm would receive the notices.

    The large crowd then peacefully made its way across Adderley Street, into St George’s Mall to the Cape High Court, stopping traffic and attracting the puzzled gazes of curious onlookers.

    Some stopped in the middle of their shopping or lunches to ask what the march was about.

    The armed police officers who had followed the march from the Foreshore to the court building blocked off roads to make way for marchers and sped off to the high court to wait for the people to arrive.

    The crowd stopped in Keerom Street outside the court and sat in the road waiting for those in charge to explain the process.

    Five residents at a time were allowed to get up and proceed to five women representing the attorneys.

    The attorneys’ stamp was necessary proof that the residents had served the document on them.

    Five women – two standing and three sitting on the steps of the court building – stamped each page before signing it and giving the date and time it was received.

    After a while, employees of the nearby coffee shop, Castello’s, said the women could use their tables and chairs.

    In other cases, the documents are taken to room one in the building to be stamped.

    But on Monday, officials working in that office and in other parts of the building set up tables in the foyer for the stamping of the documents.

    The first batch were brought into the building and court official Andrew Fraser began stamping.

    Moments later the others joined him.

    The legal co-ordinator of the Anti-Eviction Campaign, Ashraf Cassiem, said the residents would have liked to have obtained legal representation, but there was no time to apply for legal aid.

    The residents had to represent themselves and had to file individual notices of intention to oppose the application, he said.

    But he emphasised that the crowd was not there to cause chaos.

    “We want to prove that we are not the hooligans they say we are,” he said.

    Mzonke Poni. of the Anti-Eviction Campaign, said he was aware of the difficulties in filing and serving the documents the way the residents had done.

    But he added that they were all lay people.

    “We’ll do it the lay way,” he said.

    Last week, Cape Judge President John Hlophe granted a temporary order for people to be moved.

    The order was sought by Housing Minister Lindiwe Sisulu, housing company Thubelisha, which is overseeing the N2 Gateway project, and MEC for Local Government and Housing Richard Dyantyi.

    The government wants to clear land in Joe Slovo for formal housing.

    Temporary housing has been arranged in Delft for the families who are to be moved.

    But the people to be moved say Delft is too far away.

    A schedule has been prepared for 100 families a week to be moved to Delft, beginning on Tuesday.

    This will not take place, however, if the residents succeed in persuading the court that the order should not be made final.

    ****************************************
    http://www.mg.co.za/articlePage.aspx?articleid=321174&area=/insight/insight__national/

    ‘We don’t want to live in Delft’
    Pearlie Joubert

    When Cape Judge President John Hlophe ordered a nine-week postponement to the state’s attempt to evict about 25 000 Joe Slovo residents from their shacks in Langa, the 2 000 people outside court broke into wild celebratory song.

    The 6 000 households of Joe Slovo have been opposing government’s attempts to remove them from this piece of land bordering the N2 highway for close to three years now. Every week people are allowed to stay in Joe Slovo is seen as another victory against the state’s attempt to remove them forcibly to the outskirts of Cape Town.

    The housing ministry wants residents removed to make way for its controversial flagship housing project, the N2 Gateway. Phases two and three of this project have been on hold for many months because the shack dwellers of Joe Slovo refuse to be moved to Delft – an area about 20km outside the city.

    Government has been moving sections of Joe Slovo residents into temporary relocation areas (TRAs) in Delft called “Tsunami” and “Thubelisha” for the past three years.

    Residents in Tsunami say the place got its name because “it’s a disaster waiting to happen”.

    The TRAs are made up of 24m2 houses closely packed together. A Reconstruction and Development Programme house is generally 30m2.

    Communal standpipes and communal ablution blocks stand between the houses, which are prefabricated and made of corrugated fibre-reinforced cement. There are no individual plots for each box house, which has one room.

    Residents are loath to move to Delft because their social and economic networks will be severely disrupted.

    Many residents who have willingly moved to Delft earlier have lost their jobs because they cannot afford transport or simply cannot get transport from Delft into Cape Town. There is no railway line linking Delft to town.

    The Development Action Group (DAG) has found that 63% of people who were moved from Joe Slovo to Delft were either fired or retrenched from their jobs because they were often late or simply did not arrive for work because of lack of transport. Only 40% of the people in Joe Slovo are employed, earning an average of R1 300 per month.

    Delft has no electricity. Because there is no power, people spend large amounts of money on paraffin. Policemen in Delft say the lack of power here makes Delft “ungovernable” at night.

    “Parts of Delft are pitch dark at night and it’s virtually impossible to do conventional and adequate policing here – the criminals use this and robberies and rape are massive problems in Delft,” a local policeman says.

    This policeman, who does not want to be named, says the police are finding “women hurting their babies” in Delft.

    “The experts say it’s because people are desperate and depressed. Last month a women strangled her newborn child; three months ago a women burnt her four-month-old child,” he says.

    Like most people sleeping in makeshift or non-permanent houses, residents of the TRAs do not feel safe because the walls of their homes can be broken with stones.

    “I don’t feel safe here because it’s so dark at night and the crime here is terrible. Thugs break your walls and come in through the door and rape the women – it has happened to women I know,” says Zoleka Mnani, who voluntarily moved to Delft but wants to return to Joe Slovo.

    “We don’t want to live here – there are no schools, no electricity and the only people making a good living here are the shebeen owners because here in this dump everybody drinks,” she says.

    Mnani lost her job as a contract cleaner in Langa when she moved because she could not afford the taxi fare to town.

    Mbantu Mazikile came to Delft from Joe Slovo because he was promised that he would be able to return once the N2 Gateway is finished.

    “The ANC councillor promised that they will build us permanent houses in Langa. My family and I left with only our clothes and bedding and with the promise that we can return to Langa once they’ve built houses,” Mazikile says.

    The same councillor (ANC Langa councillor Xolile Qope) says people should not worry too much about the lack of electricity because they will only stay in Delft temporarily – it’s already been two years. “Every time a new truckload of people is dropped here, my promise loses a bit of its value. It’s very painful,” he says.

    Housing Minister Lindiwe Sisulu and the project managers of the project, Thubelisha Homes, went to the Supreme Court two weeks ago seeking an eviction order to remove the remaining Joe Slovo residents.

    For pictures of Delft to to: http://www.labournet.net/world/0710/delft1.html

    Featured post

    Four Shacks Burn Down in Motala Heights

    Monday, September 10, 2007
    Abahlali baseMjondolo Press Release

    Four Shacks Burn Down in Motala Heights
    Will Ricky Govender Allow Rebuilding?
    Who do the Councillors Work For?

    Four tin shacks burnt down on Sunday morning while the families were at church. The community is very grateful to the fire brigade who arrived promptly and stopped the blaze from spreading to other shacks. The four families are in urgent need of clothing, blankets, food and, once the question of whether or not they’ll be allowed to rebuild is resolved, building materials. They are currently being accommodated in the church hall.

    However after the blaze PR councillor for the area, Manilall Naranjee of the IFP, come to the scene. He told residents that

    • ‘The government can’t do development here because the Indians are standing for the blacks and the government wants the blacks out.’
    • ‘The blacks will use the Indians to stay in the area but if they are able to stay they will throw the Indians out’
    • ‘The ratepayers in this area do not want low cost houses here so the only houses built here will be private developments for rent’
    • ‘Ricky Govender is the only person that will be building houses in Motala Heights’

    According to Steven Govender, who was a tenant in one of the shacks that burnt down and lost all his possessions in the fire, “Naranjee is a rogue. He did the same thing to the poor Indians in Clare Estate.”

    The poor residents of Motala Heights, those living in the ‘African’ shack settlement on the hill and those living in the ‘Indian’ shacks dotted around the suburb, have consistently found that both their ward councillor, Derek Dimba (ANC), and the PR councillor, Naranjee, act as if they were working for local landlord Ricky Govender who recently made death threats against Mercury journalists and has been dubbed the ‘Mugabe of Motala’ after seeking to ban the media and
    drive out the poor from the area. Both councillors are known to be close to Govender and both openly tell ‘their constituents’ that ‘Govender is in charge’. Dimba behaves as though shack dwellers have no rights at all in the area. He prevented shack dwellers from attending the last Ward Committee elections on the basis that ‘you are not supposed to be here, you can’t vote here’ and, in June last year actively sought to have the ‘African’ shack settlement demolished. These evictions were opposed and on 9 August (Women’s Day) 2006 he came to the settlement with a pistol holstered to each hip and personally threatened people who were opposing the evictions. When evictions began on 28 October 2006 legal advice was sought. Residents were advised that because these evictions occurred without a court order (which is typical behaviour by the eThekwini Municipality) they were illegal. S’bu Gumede from the Municipality was quoted in the Mercury as saying that “We have adopted a zero-tolerance attitude to control the amount of informal settlements, and with the pressure of 2010, we are trying to eradicate such settlements.” But on 29 November 2006 shack dwellers in Motala Heights were granted an interdict against the Municipality preventing them from carrying out any further evictions. However on 13 December 2006 Municipal Security tried to continue with demolitions in spite of the court order. When Bheki Ngcobo tried to explain to them that their actions were illegal he was assaulted and told that “(Ricky) Govender is the Mayor here”. But they left after being threatened with arrest by the SAPS and have not been back since.

    Moreover on numerous occasions people have found that approaches to the Municipality at the Pinetown Civic Centre on all sorts of matters, from the right to set up tuck shops to a refusal to be evicted or a demand for housing, have simply been told that they should take their queries to Ricky Govender as if Govender is the power to which elected authorities and their bureaucrats must defer.

    The four families who lost their homes and all their possessions yesterday would like to rebuild were they have been living. Their landlord is sympathetic and his son risked his own life rushing into a burning building to look for a baby. But they have not heard from the landlord (a Mr. Govender unrelated to Ricky Govender), and have been told, on good authority, that Ricky Govender has instructed their landlord not to speak to them as he sees this as an opportunity to continue to force the poor out of Motala Heights. Moreover it is believed that if the landlord does approach the council for permission to rebuild they will, as they always do with regard to Motala Heights, simply refer the decision back to Ricky Govender. If the landlord can secure permission for them to rebuild on the same site then they will do so. If not they will build in the ‘African’ shack settlement and challenge the Municipality not to evict them. But their demand is clear: “We want the Municipality to build us all houses, Africans and Indians, on the land that they own here in Motala Heights, the land were the jondols are now.”

    Three families in tin shacks adjacent to the 4 that burnt down have been left without electricity or water as they were using the connections to the houses that burnt down. They cannot afford the installation fee to have pre-paid meters installed.

    Update: The three families in the adjacent shacks were told today – 12 September – that they will be given notice.

    A mass meeting will be held tonight to discuss a way forward.

    For comment on the fire and its aftermath, including Manilall Naranjee’s visit, please contact Steven Govender on 0796163652.

    For comment on the general situation in Motala Heights please contact Louisa Motha on 0781760088 or Shamita Naidoo on 0764940965.

    For pictures of the burnt shacks click here

    For an electronic archive of documents and pictures related to Motala Heights click here

    ******************************************************
    Highway Mail: No assistance for Motala Heights fire victims

    MOTALA Heights families who lost their homes and all they owned in a fire a fortnight ago have still not had any assistance from the municipality.

    And the councillor of Ward 15, Derek Dimba, denied having any knowledge of the fire and showed little concern for the families affected.

    The councillor responded by saying, “I do not account to you, (referring to the paper), if you are bored and have nothing to do, don’t call me.”

    He continued: “I live in Mpola and it’s far. If they don’t call I cannot throw bones to find out what is happening in the community.”

    The families also said that they did not know who their councillor was and there could not contact him. When the councillor was asked how this was possible he replied: “They did not vote and they obviously don’t attend community meetings.”

    The office of the speaker in KwaZulu-Natal was asked to comment on Dimba’s response. Mr. Desmond Myeza, the manager, said “Mr. Dimba was wrong to tell you to tell the people to call him first after you had notified him of the incident. We will look into it.”

    The families are currently receiving help from people in different communities in the form of blankets, clothing and crockery but they still do not have a roof over their heads.

    Featured post

    Women’s Day Arrests

    Abahlali baseMjondolo Press Release
    Thursday, 09 August 2007, 2:38 p.m.

    Women’s Day Arrests

    This morning, on women’s day, Philani Zungu, deputy president of the Abahlali baseMjondolo shackdwellers’ movement, was arrested for ‘obstructing the police in the course of their duties’. Almost immediately, a contingent of around 50 women from Pemary Ridge boarded taxis to protest outside the Sydenham police station. Protesters waited for Zungu to arrive at the police station.

    Recalling the series of events, Zungu said “after Bhekani Ntuli from the Housing Department, who we have wanted to talk to for days, drove by in the morning, the police came. They stopped, and asked me to raise my arms, and then to raise them higher, while they searched me. Then they said something I couldn’t understand. They finished searching me. We both took a step back. I thought it was over.”

    Zungu continues, “the police officer, [whom Zungu identified as possibly being Smiso Ndlovu], asked what was the matter. I responded that I was trying to understand what he had said. The situation escalated with the arrival of another police officer, Singh, who intimidated me. He said “you’re going to get fucked up”. They asked whether I wanted them to arrest me. I said if they knew what they were doing. So they lifted me into the back of the van, and drove around fast so that I’d be knocked around.” Zungu was driven around for two hours before being bought to the Sydenham Police station where a vigorous protest was ongoing.

    Supt Glen Nayager brought violence and reckless disregard to the proceedings. He arrived and instructed the police to disperse the crowd. He marched with other officers, chasing the unarmed protesters down the hill, turning a peaceful demonstration into a chase, in which tear gas was fired into the crowd. Two sisters, Thabiso Makamba and Andisiwe Makamba, were arrested by the police after being injured in the panic, but were later released without charge.

    Justifying their disproportionate use of force, Nayager and other police called the protest “an inappropriate response”. This happened after repeated attempts to find out what had happened to Zungu, a number of calls to the Sydenham police station, and against a background of mounting community concern for Zungu’s wellbeing. The protest ended with Nayager promising to phone S’bu Zikode the next time a member of Abahlali was arrested.

    Said S’bu Zikode, president of Abahlali baseMjondolo, “this is not the first time that the police have arrested Abahlali members on a national holiday. On Human Rights Day, the Kennedy Six were arrested. Today, on women’s day, it’s the same thing”. Said Mnikelo Ndabankulu, “it seems like Abahlali leaders will always under threat on holidays, days which ordinary citizens treat like a day of rest.”

    In the course of the protest, renowned Harvard philosopher Nigel Gibson had his voice recorder confiscated, erased and returned.

    “This is an issue about our common humanity,” explains Zungu. “I refuse to be treated like rubbish. The police always think that because we can’t afford nice clothes, we’re like rats. They stop us and search us, and the only reason they do is because they do not think we are human. But we have our dignity. The trouble is that as a poor man, I will always get into trouble like this, because I insist that they must treat me as a human being. They say this is bad attitude, but it is their contempt that lies underneath these arrests. I am worried. I will not give back my humanity, and this is the second arrest for my ‘attitude’.”

    Zungu’s arrest happens against a background of misrepresentation and lies facing the communities in Pemary Ridge. Explains Zungu, “there have been people born in these shacks who have grown up and now have children of their own. But we have not been allowed to build new shacks since 1991. So we talked to Bhekani Ntuli from the eThekwini Housing Department and he said that it was okay for us to build houses. Three days later, people from Land Invasions told us that they were going to demolish our homes. Through the Legal Resources Centre, we told them what Ntuli had said and, a couple of days later, they apologised to us. But Ntuli still needs to come back and number the new shacks, and he hasn’t come yet.”

    For further information, please contact:

    Philani Zungu – 072 962 9312
    S’bu Zikode – 083 547 0474
    Zodwa Nsibande – 082 830 2707

    For print quality pictures of the protest outside the Sydenham Police station click here.

    For pictures of the new shacks click here and here.

    **********************

    Abahlali baseMjondolo
    Emergency Press Release
    12:30, 9 August 2007

    At 10:00 a.m. this morning Philani Zungu, deputy president of Abahlali baseMjondolo, was arrested in the Pemary Ridge settlement. A meeting had been scheduled with the eThekwini Housing Department. However they arrived with the Sydenham SAPS who immediately went to Philani and demanded to search him. He asked them why they were searching him and was immediately arrested for ‘resisting arrest’. This is the same spurious charge on which he was arrested on 12 September last year. In that instance the real purpose of the arrest was to stop Philani and S’bu Zikode from participating in a debate on iGagasi FM. Philani was severely assaulted in the Sydenham Police station that night and the charges against him were dropped a few days later. Abahlali is currently suing the SAPS for that arrest and assault and has marched on the Sydenham Police station in protest at the racism, violence, political authoritarianism and systemic criminality of its head, the notorious Glen Nayager.

    This morning’s arrest was linked to the building of new shacks in the Pemary Ridge settlement. The shacks were built in late July this year. The Housing Department and the Land Invasions Unit were informed about the new shacks by Philani by way of the letter pasted in below. There are some pictures of the new shacks here and here. The new shacks were built to accommodate people who used to live in the Juba Place settlement and who have been accommodated in Pemary Ridge since they were illegally made homeless by the eThekwini Municipality in late November last year (read more about this here and here) and people who have lived in the settlement for a long time and need more space for growing families.

    The Housing Department, in the person of an official named Bhekani Ntuli, initially accepted the logic of Philani’s letter and agreed to accept the new shacks. However this was over ridden by a man in the Land Invasions Unit named Steyn. The Land Invasions Unit threatened to demolish the new shacks on two consecutive occasions earlier this week but the new shacks were saved by a mix of negotiations, popular pressure and legal support from the Legal Resources Centre.

    The shacks still stand but Philani was arrested this morning in a clear attempt at intimidation. He was arrested at 10 but only arrived at the Sydenham Police station at 12 although it should have taken, at most, 15 minutes to reach the station from Pemary Ridge. It is not yet known if he has been assaulted in the two hours that it took from him to be bought from the settlement to the station.

    Abahlali mobilised quickly and mounted a vigorous protest outside the Sydenham Police station which was eventually broken up when Nayager arrived on the scene. There were then protests elsewhere, including on Kennedy Road, where two others were arrested.

    Arrests followed by protests followed by police violence have become a regular part of life on public holidays for Abahlali. No doubt public holidays are chosen to make these intimidatory arrests because lawyers and journalists are not easily available.

    A full press release will be issued later on. In the meantime please contact the following people who are on the scene for further information:

    S’bu Zikode 0835470474
    Mnikelo Ndabankulu 0735656241
    Zodwa Nsibande 0828302707
    Raj Patel 0827250179

    *********************************************
    Letter from the Pemary Ridge Committee to the Departments of Housing & Land Invasions

    Pemary Ridge Development Committee
    Reservoir Hills, Ward 23
    29 July 2007

    The Departments of Housing and Land Invasions
    To whom it may concern

    As the Pemary Ridge Development Committee, we hereby forward our request on behalf of our Pemary Ridge shack dwellers.

    In terms of your slum clearance programme, you decided to make a rule for us that you count the number of existing shacks and record their sizes. You told us to remain in these shacks, and not to expand them or build new shacks, until a low-cost housing programme comes to our turn.

    We have obeyed your rule for the last 16 years. We have obeyed your rule since 1991 after shacks were removed from Lot No: 3780 and Lot No: 3266. The number of structures and their sizes was kept the same even while we experienced fire disasters in Lot No: 3261 and Lot No: 3259. We obeyed your rule even though it is natural that people expand. It is natural that people grown from children to become adults and to become parents. We do not have control on that but God.

    Please be advised that the same thing that happens to all communities has been happening in our community for the past 16 years. Also some community members have passed away and some have moved out of the community and have handed their houses on to other people.

    In addition, we have homeless people from Juba Place who were made homeless by your Departments when you demolished the Juba Pace settlement on 11 November 2006. They have been staying in the existing structures in Pemary Ridge since then causing serious overcrowding.

    We have captured the information on the eThekwini Housing Programme. We know that no land has yet been made available for our low-cost housing. We know that you are still on the level of negotiating with the land owners. We know that in terms of your time frame your main target for providing housing in KZN is now 2015.

    For the reasons mentioned above we therefore took responsibility to make a plan for the next 7 years. We have allowed additional shacks to be constructed in Pemary Ridge to accommodate those you who made homeless in Juba Place and those who have grown and become parents.

    We hereby request you to renumber and register the new homes, taking into consideration that we have complied with your rules for 16 years before deciding that we have to make our own plan for the next 7 years.

    Should you object to this request please advise us why and state your reasons in writing.

    Yours faithfully
    Chairperson, Raymond Philani Zungu (0729629312, rphilani@yahoo.com)
    Secretary, Nokwanda Mjanyana

    Democracy in My Experience
    Widely published and quoted article by Philani Zungu

    14 August 2007

    People have different definitions of democracy.

    Some people say that democracy means freeing everyone to do whatever they want, regardless of rule or controls, with no instructions or boundaries, no importance to whether what is done is wrong or right.

    Some people say democracy is the power of the state to decide things, acting in the interests of those who hold state power, its behaviour designed to suit their demands. In this vision, society is always in a position of compliance with orders from the state.

    Some people say democracy is about rights. After the Freedom Charter was created, people came to know about their particular rights. The more they understood their rights, the freer they became. We never expected to be
    disappointed in turning these rights into reality. But we were.

    Some people say democracy is for all of us – as society. They say it is a reason to improve and protect our lives. It is equality, whereby all should participate in building a better society and achieving a better life for all.

    Let me share my experience of democracy since 1994 as a shackdweller in Durban.

    I stayed with my mother, step- father and my younger brother in a small house, four by four meters. We were tightly squeezed up. The eThekwini Department of Housing decided that we could no longer build or extend shack
    structures. We had no choice. If we built, they would come and demolish the same day, or soon after.

    I also felt the shame of women giving birth in the shacks. This they did after not attending clinic for a long time, because nurses shout at them, and when they are admitted, are not being attended to in good faith.

    New to unemployment, my parents had no finance to support us; so I had to come from school and look for work, such as car washing and gardening.

    I had to stop school at grade 9. When I was 20 years old, I needed to be independent, so I tried to build a house. It was demolished, and inside it was everything I owned. I was was assaulted by the land invasion unit, and had to be admitted to Addington Hospital. I was denied a right to housing.

    This happened purely because it was already decided for me, in advance,without any redress or consultation, how I could live.

    I was arrested for demonstrating against the lack of delivery, and lack of of consultation in 2005.

    In 2006, I was arrested again. This time, I was being searched by a police officer on the way to a radio interview. I asked why I was being searched. It was a relevant question to ask, in case I might have some information to assist on a particular case. But the policeman replied that a black man is always a suspect. And then they arrested me. This time I was arrested for asking why I could not be treated like a human being, with rights, in a democracy. Once again I was assaulted, this time in the Sydenham Police station.

    In 2007 I was arrested for not agreeing to treated like an animal by the police. The police had come to my home and demanded to search me after I had built myself a new home so that I and my wife and child could move out of my mothers’ house where I had lived for 16 years. I had nothing to hide. I had written a letter to the Land Invasions Unit and the Housing Department telling them that I was going to build my own house and why. I just asked the police why they wanted to search me and their response was arrest. Formal warnings were issued by the Sydenham police Station.

    I can see that in the future, I’m expected to accept the unacceptable. That is the reality of democracy of the state and democracy of human rights in my experience. My only remaining hope for an acceptable future is hope in the democracy of society.

    Philani Zungu is Deputy President of Abahlali baseMjondolo, the shack dwellers’ movement with members in close to 40 settlements in South Africa.

    For more information on the 2006 arrest and assault of Philani Zungu click here and for more information on the 2007 arrest click here.

    Featured post

    Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction

    ABAHLALI BASEMJONDOLO PRESS RELEASE, 8/7/2007 12:17:15 AM

    Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction in Motala Heights, Pinetown.

    On 5 August at 1:00pm – the first week of Women’s Month – landowner and known gangster, Mr. Ricky Govender, assaulted a woman activist from the Motala Heights branch of the shack dwellers’ movement Abahlali baseMjondolo. He threatened to have her killed for R50. A neighbour, who attempted to peaceably intervene, was struck in the face. Later that evening at 6:30pm, the landowner accompanied by two other men sought out the woman activist in her home. He demanded that she cease her struggle for fair housing in her community.

    Following the afternoon assault, the woman activist and her neighbour attempted to lay a charge of assault against Govender at the Pinetown police station, at 3:00pm. She was told that a case would not be opened, that she did not have a ‘legitimate complaint’ and the officer refused to give a case number. Under threat of legal action, she finally received a case number. She planned to go court in Durban today to get a restraining order but was not able to get to court as she had to be rushed to hospital with severe stomach pains.

    It is widely alleged by Motala residents and Abahlali activists, almost all of whom are too terrified to speak out in their own names, that Govender has family members and influential contacts in the police, the Pinetown courts, as well as the local council and in particular with the local ward councillor, Cllr Dimba who shack dwellers in Motala Heights have in the past accused of personally threatening them at gunpoint. Indeed, though requests for meetings with Abahlali and Motala residents have repeatedly been denied, local PR councillor, Mr. Nayanjee, frequently visits Mr. Govender’s large two-story brick house – including on the day of the assault.

    In this month alone, Mr. Govender has not only assaulted a female Abahlali activist, but has also threatened to evict at least twenty families. In Motala, largely Indian residents live in “low cost” commercial housing units built by Govender and in self built tin houses, while mostly African residents live in self built shacks or jondolos. The tin houses, like shacks, are self-made structures without municipal approval. Govender has been buying up the lots on which the tin houses are being built and is now telling people to leave their homes by the end of the month at which point he will have them bulldozed.

    For instance on 30 July, 2007, an Abahlali activist in a tin house – who has lived on the same lot for decades – was issued a verbal notice of eviction by the landowner. The reason cited was contamination of the landowner’s swimming pool by dust from the activist’s backyard garage. The activist was warned that if he does not leave the lot by 31 August, bulldozers will destroy his self-made house. The activist also was told to end his “trouble making” involvement with Abahlali baseMjondolo.

    Twenty other families in commercial “low-cost” housing built by Govender have been issued a written one-month eviction notice. These houses are falling apart and are causing serious health problems. Letters from “The Govender Family Trust” state that they will be evicted in one calendar month, unless they announce their intention to buy the house and property at the ludicrously exorbitant cost of between R499 000 to R550 000.

    Govender has sent numerous eviction notices in the past, particularly in 2005. In December last year, working with Cllr Dimba, he sought to demolish all the shacks in Motala. When an Abahlali activist showed the local police a lawyers’ letter to Mayor Obed Mlaba indicating that the evictions were illegal he was assaulted and told that ‘Govender is the only mayor here’. As with the written and verbal notices of eviction this month, the landowner never secured a court order, nor followed any other legal procedures outlined for eviction. The evictions were eventually stopped by Abahlali activists – with the help of their lawyer – who eventually convinced local police that the evictions violated the Prevention of the Illegal Evictions Act (PIE). This was reported on the front page of UmAfrika.

    Residents have long feared Govender as a powerful businessman and known gangster. He owns much of the land, the shopping centre, the butchery, the pub, the bottle store, and among other things, a glass and aluminium factory. Abahlali activists have obtained photographs of a dumping site, located on a ridge above a small shack settlement and next to several tin-roofed houses. The landowner is alleged to use industrial trucks to dispose glass, aluminium, chemicals and organic materials on the dump site. He occasionally burns these materials, which has affected the health of nearby residents. Additionally, the dump is spilling over the side of the ridge onto the shacks below, where at least ten families with small children live. In some instances people claim that toxic materials have been dumped right up against their houses in a deliberate attempt to force them out.

    Activists note that the landowner has made life particularly difficult for women in Motala, and that this month – dedicated to celebrating women in South Africa – is a bitter reminder. This week, the landowner bulldozed several gum trees on the lot of one woman resident, without informing her. She found that the bulldozing caused the toilets to sink into the ground and the collapse of her water main, to which the landowner responded that he owned the land and could do what he likes. She remains today without access without water.

    He has made threatening phone calls to two women Abahlali members, physically threatened another late last year when he passed her walking on the road and has repeatedly told one woman to cease taking photographs in the area and on his properties for the Abahlali website and tore down her pamphlets for Abahlali meetings. Further, on the evening of the assault, when the landowner came to the woman activist’s house, he demanded that she hand over a camera and told her husband to “give her more cleaning and housework so that she would stop trouble-making.”

    Among other allegations made by activists and residents, it is reported that:

    • The landowner is involved with vehicle theft, arson, and robbery and of using all of these tactics to intimidate the community. He also has allegedly been charged with fraud and the illegal use of electricity, incurring a R40 000 fine from the municipality.
    • In the past, he has attempted to provoke division between African shack-dwellers and Indian residents in the tin-roof houses and “low cost” houses, many of whose families have lived together for over fifty years. He asked Indian families to put their names and ID numbers on what he called a housing allocation list. Only later did residents find that their names were not put on a list for housing, but a petition to evict African shack-dwellers.
    • Residents have pled to local police and councillors to intervene in the situation that is growing increasingly tense in Motala, but their requests have been repeatedly refused. In many instances they have been told to take their concerns to Ricky Govender. Many fear that speaking out will result in violence.

    The poor residents of Motala Heights have resolved to boycott all of Govender’s businesses.

    Wa thint”abafazi wa thint imbokodo!

    Contact Information:

    Louisa Motha
    0781760088

    Shamita Naidoo
    0764940965

    James Pillay
    0317009607

    Mnikelo Ndabankulu
    0735656241

    S’bu Zikode
    0835470474

    UPDATE: Click here to see the Highway Mail article following this press release and here to see what happened to the Mercury when they tried to take some pictures in Motala Heights… (Update: The attempts to keep the media out of Motala Heights have continued since this incident but click here to see what the Mail & Guardian found when they managed, not without some attempt at intimidation, to do a story.)

    Further update:Four shacks burnt down in Motala Heights on Sunday 9 September. As usual in Motala Heights Govender seems to assume that the right to determine the fate of the victims of the fire rests in his hands…Click here to read more and and here to see the pictures.

    Also see section III of Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” for an account of the two visits of Tim Jeebodh to Motala Heights.

    The struggle against gangster landlordism in Motala Heights, and the complicity of the local police is not new and there is much documentary evidence in this regard. For instance a letter to the Pinetown Town Engineer from Mr. B. Pillay (who has now been told by Ricky Govender that his house will be bulldozed if he is not out by the end of August) dated 25th August 1986 complains that: “The Landlord’s sons have come into my house threatening my family with Pangas, and adding to this they swear at us, smoke drugs and drink in excess. I was advised to advise the police of this matter, which I have duly done so. The result of this, I was advised to move to another premises and live elsewhere.”

    Below is an archive of pictures and text produced from within the Motala struggle since the poor residents joined Abahlali baseMjondolo in early 2006.

    Press Releases from Motala Heights

    *Corruption and Armed Intimidation as Motala Heights Eviction Crisis Deepens, 20 June 2006.
    *Motala Heights Eviction Crisis Continues, 30 June 2006.
    *Motala Heights Eviction Crisis, Press Release 4, 21 August 2006.
    *Shacks Demolished at Motala Heights, Pinetown, 29 October 2006
    *Major Crisis as eThekwini Municipality Violently and Illegally Evicts Shackdwellers in the Motala Heights Settlement, 5 November 2006
    *Victory for the people of Motala Heights, 13 December 2006
    *Gangster Landlord Assaults Woman Activist and Threatens Twenty Families with Eviction, 8 August, 2007
    *Four shacks Burn Down in Motala Heights, 10 September 2007

    Pictures from Motala Heights

    *Ricky Govender gets his demolitions at Motala Heights (3 years ahead of the City’s schedule), 31 October, 2006
    *At the High Court for the Motala Evictions Case, 22 November 2006
    *Motala Heights on 12 December 2006 – the day before an eviction
    *SAPS stop Municipality workers from demolishing shacks, 13 December 2006
    *Shack cinema, Motala Heights 11 March 2007
    *iPolitiki ePhilayo: Motala Heights Development Committee AGM, emZabalazweni, Motala Heights Settlement, 20 May 2007
    *Motala Heights, 2 August 2007. The day after Govender promised to bulldoze Uncle Jame’s house by the end of the month
    *Motala Heights, Meeting Against Evictions 4 August 2007
    *“Motala Heights Indian Shacks” – pictures by Shamita Naidoo, taken first week of August, 2006
    *“The morning after 4 tin shacks burnt in Motala Heights, 9 September 2007

    Newspaper articles on Motala Heights

    *Isolezwe, 30 October 2006 Bathi abayi ezindlini abakhelwe zona
    *Mercury, 30 October 2006: Council vows to get rid of shack dwellers
    *Mercury, 30 November 2006: Shack dwellers win court order against municipality
    *Highway Mail, 17 August 2007: We Won’t Go
    *Mercury, 4 September 2007: Photographer was threatened,
    Police rescue news team after fracas

    *Highway News, 11 September 2007: News team threatened for shack story
    *Highway Mail, 14 September 2007: Homes in Ashes
    *Mail & Guardian, 21 September 2007: ‘They can pack up and go’.
    *Highway Mail, 24 September 2007: No assistance for Motala Heights fire victims.
    *Mercury, 8 October 2007: Court halts landlord’s threats.

    Legal Documents on Motala Heights

    *Affidavit on the Founding of Motala Heights by Bheki Ngcobo
    *PDF copy of letter from the Legal Resources Centre to City Manager Sutcliffe, 23 November 2006
    *PDF copy of court order preventing further demolitions in Motala Heights (29 November 2006), Letter from the Legal Resources Centre to the Pinetown SAPS (11 December 2006) and a letter from the LRC to the city’s lawyers (12 December 2006)
    *Interdict preventing Ricky Govender from bulldozing the home of Mr. and Mrs. Pillay and from threatening or assaulting them, 28 September, 2007

    Other Documents

    *Facing Uncertainty with Unity: Lives and livelihoods of shack dwellers in Motala Farm by Lisa Fry, late 2006
    *Comments by people who resisted evictions in Motala Heights in December 2006, document drawn up in early 2007
    *Report on Public Participation Exercises For: “The Elimination and Prevention of Re-emergence of Slums Bill” (See section 3 for an account of the two visits of Tim Jeebodh to Motala Heights.
    *Freedom of Expression Institute statement that makes reference to Govender’s death threats to journalists

    Various documents on New eMmaus

    New eMmaus is just over the hill from Motala Heights and is not under the control of Govender. However the two areas share, in part, a common history as people who were evicted from land owned by the Catholic Church live in both New eMmaus and Motala Heights. (Their ancestors came to the Marianhill Monastery as converts – they were evicted when the monastery sold land off for factories to be developed).

    *New eMmaus Cracks, Press Release, 3 October 2006.
    *New eMmaus Cracks – photographs, 3 October 2006.
    *Emmaus residents fall into housing cracks, Sunday Tribune article, 22 October 2006.
    *Abahlali to Mourn UnFreedom Day 2007 & Celebrate the Strength of the Strong Poor in New eMmaus, 27 April, 2007.
    *Pictures of the UnFreedom Day Celebration in New eMmaus, 27 April, 2007.

    Please note: Shamita Naidoo also has in her possession a collection of important archival documents on the history of Motala Heights and there is also a rich oral history which is well known by people like Lousia Motha (who has lived her whole life there) but which has not been documented in written form.

    Featured post

    Eliminate the Slums Act – Original press statement and digital archive

    Scroll down for a full archive of all Slums Bill/Act documents including the text of the Bill, comments and submissions against the Bill and an archive of media articles on the Bill. New documents are being added here regularly. If you are only looking for the legal documents from the Abahlali case against the Slums Act click here.

    Click here for comments by people who successfully resisted eviction in Motala Heights and people whose lives were smashed by eviction in Juba Place in December 2006.


    Durban High Court, 6 November 2008

    Abahlali baseMjondolo Press Statement Thursday, 21 June 2007

    Operation Murambatsvina comes to KZN: The Notorious Elimination & Prevention of Re-emergence of Slums Bill

    Today the KwaZulu-Natal Elimination & Prevention of Re-emergence of Slums Bill will be tabled in the provincial parliament. Abahlali baseMjondolo have discussed this Bill very carefully in many meetings. We have heard Housing MEC Mike Mabuyakulu say that we must not worry because it is aimed at slumlords and shack farming. We have heard Ranjith Purshotum from the Legal Resources Centre say that “Instead of saying that people will be evicted from slums after permanent accommodation is secured, we have a situation where people are being removed from a slum, and sent to another slum. Only this time it is a government-approved slum and is called a transit area. This is the twisted logic of the drafters of the legislation”. We have heard Marie Huchzermeyer from Wits University say that this Bill uses the language of apartheid, is anti-poor and is in direct contradiction with the national housing policy Breaking New Ground. Lawyers have told us that this Bill is unconstitutional.

    It is very clear to us that this Bill is an attempt to mount a legal attack on the poor. Already the poor, shack dwellers and street traders, are under illegal and violent attack by Municipalities. This Bill is an attempt to legalize the attacks on the poor. We know about Operation Murambatsvina. Last year one of our members visited Harare and last week we hosted two people from Harare. This Bill is an attempt to legalize a KZN Operation Murambatsvina before the World Cup in 2010. We will fight it all the way.

    1. AIM OF THE BILL

    The Bill says that its main aims are to:

    • Eliminate 'slums' in KwaZulu-Natal
    • Prevent new 'slums' from developing
    • Upgrade and control existing 'slums'
    • Monitor the performance of departments and municipalities in the elimination of 'slums' and the prevention of new 'slums' from developing.

    It has detailed plans to make sure that all of this really happens. The Bill also says that it aims to 'improve the living conditions of communities' but it has no detailed plans to make sure that this really happens. It is therefore clear that its real purpose is to get rid of ‘slums’ rather than to improve the conditions in which people live. Mabuyakulu says that we shouldn’t worry because the real targets are slum lords and shack farming but this is not what the Bill says and, anyway, there are no slum lords in Abahlali settlements. Abahlali members have been to Nairobi. We have seen how the slum lords rule the Nairobi settlements and we are strongly against slum lordism. But we do not live in Nairobi. All Abahlali settlements are democratic communities and many other settlements in KZN are also not run by slum lords.

    The Bill does not aim to:

    • Force local and provincial government to deal with the conditions that force people to leave their homes and move to shack settlements
    • Force local and provincial government to immediately provide basic services to shack settlements like toilets, electricity, water, drainage, paths and speed bumps while they wait for upgrades or relocations
    • Force local and provincial government to follow the laws that prevent evictions without a court order, the laws that prevent people from being made homeless in an eviction or to follow the Breaking New Ground Policy that aims to upgrade settlements in situ (where people are already living) instead of relocating people so far from work and schools that they have to leave their low cost houses and come straight back to shacks.
    • Force local and provincial government to make their plans for shack dwellers with shack dwellers to avoid the bad planning that undermines development (such as relocating people so far away from work that they have to move back to shacks)

    We do not need this Bill. The first thing that we need is for government (local, provincial and national) to begin to follow the existing laws and polices that protect against evictions, forced relocations and which recommend in situ upgrades instead of relocations. After that we need laws that break the power that the very rich have over land in the cities and we need laws to compel municipalities to provide services to shack settlements while people wait for houses to be built.

    This Bill is not for shack dwellers. It is to protect the rich, by protecting their property prices.

    2. DEFINITION OF IMIJONDOLO

    In the Bill the word 'slum' is defined as an overcrowded piece of land or building where poor people live and where there is poor or no infrastructure or toilets.

    The Bill uses the word 'slum' in a way that makes it sound like the places where poor people live are a problem that must be cleared away because there is something wrong with poor people. But it does not admit that the poor have been made poor but the same history of theft and exploitation that made the rich to be rich and it does not admit that places where poor people live often lack infrastructure and toilets because of the failure of landlords or the government to provide these things. The solution to the fact that we often don’t have toilets in our communities is to provide toilets where we live and not to destroy our communities and move us out of the city. In this Bill the word 'slum' is used to make it sound like the poor and the places where they live are the problem rather than the rich and the way in which they have made the poor to be poor and to be kept poor by a lack of development.

    In America black community organizations have opposed the use of the word 'slum' to describe their communities because they say it makes it sound like there is something wrong with them and their places rather than the system that makes them poor and fails to develop their places. They also say that once a place is called a 'slum' it is easy to for the rich and governments to say that it must be 'cleared' or 'eliminated' but if a place is called a community then it is easier to say that it must be supported and developed.

    There is also a problem with calling imijondolo 'informal settlements' because once a place is called 'informal' it is easy for people to say that it shouldn't get any of the 'formal' services that people need for a proper life like electricity, toilets, refuse collection and so on. But many of us have lived our whole lives in ‘informal settlements’. We can’t wait until we live in ‘formal’ houses to get electricity to stop the fires, water, toilets, drainage, refuse collection and so on. We are living our lives now. We can’t wait to start living only when and if the government puts us in a ‘formal’ one roomed ‘house’ far out of town.

    And we don’t like the word 'eliminate'. This is a word that is violent and threatening, not respectful and caring. Our communities should be nurtured, not eliminated.

    The people who live in the imijondolo must decide for themselves what they want their communities to be called. We must be allowed to define ourselves and to speak for ourselves.

    3. SUPPORTING THE RICH AGAINST THE POOR

    • The Bill makes it criminal to occupy a building or land without permission from the owner of the building or the land.
    • It forces municipalities to force landowners to evict people on their land (or in their buildings).
    • It forces municipalities to seek evictions if landowners fail to do so.
    • It forces municipalities to make a plan to eliminate all the 'slums' in its area within six months of this Bill becoming law.
    • It forces municipalities to give an annual report on its progress towards eliminating all 'slums'.
    • It forces the provincial Department of Housing to closely watch Municipalities and to support them to make sure that they evict people from land that they have occupied.
    • It forces the Provincial Department of Housing to support 'any project adopted by a municipality' to 'relocate' people from imijondolo.
    • It says that Municipalities may evict people when evictions are in the public interest.
    • It forces landowners to protect their land against the poor with fences and security guards. Landowners who do not protect their land against the poor will be guilty of a criminal offence.
    • It forces landowners to evict people from their land.

    This Bill does not provide any protection for people who have been made poor by the same history and economy that made the rich to be rich and who have decided to occupy land or buildings that are owned by the rich but are not being used by them. In many countries the poor have a legal right to use vacant land or buildings that are owned by the rich but are not being used by them. It is like this in Turkey. There is no reason why South Africa can not also give this right to the poor.

    The need of the very poor for housing in the cities near work and education should come before the needs of the very rich to have their property prices protected.

    4. TRANSIT AREAS

    The Bill allows Municipalities to buy or take land to accommodate people that have been evicted while they are waiting for new developments. These are called 'transit areas'. The Bill does not give any guaranties as to where these 'transit areas' will be located, what services will be provided there, if communities will be kept together or broken up when people are taken to these places or how long they will have to live in these places.

    We know that all through history and in many countries governments have put their political opponents, the very poor, people who were seen as ethnically, cultural and racially different, and people without I.D. books in camps. These camps are always supposed to be temporary – a 'transit' between one place and another. But very often these camps have become places of long and terrible suffering. That is why in the Mail & Guardian it was written that this Bill reminds people of Nazi Germany. We know that in India shackdwellers who were taken to transit camps in the 1960s are still there now.

    5. EXPROPRIATION OF LAND

    The Bill gives Municipalities the right to expropriate land. This means that they have the right to take land from landowners. This could be a very good thing for the poor if land was taken in the cities so that the poor could live safely and legally next to work, schools and clinics. But the Bill says nothing about which land should be taken. It only says that land can be taken to set up a 'transit area' or for people 'removed or evicted from a slum'. Therefore it seems that the right to expropriate land will most be likely be used to evict the poor from the cities and to dump them in rural areas and not to defend their right to live in the cities against the interests of very rich land speculators and developers. Already shack dwellers are being taken out of Durban and dumped in ‘formal’ low cost houses in places like Park Gate. There is no guarantee that this will not continue.

    6. CRIMINALISING THE POOR

    This Bill makes any one who tries to stop an eviction a criminal who can be fined R20 000 or sent to prison for 5 years. Any normal person would try to stop an eviction. Which mother would stand by while her home and community is destroyed? If this law is passed it will make us all criminals. But this law says nothing about stopping the illegal and unconstitutional evictions that are perpetrated against shackdwellers all the time by the eThekwini Municipality. The Municipality breaks the law every time that it evicts us without a court order and every time it leaves people homeless but Municipal officials are never arrested. If the laws that exist now are now are not used fairly we have no guarantee that this law will be used fairly

    7. WHO SHOULD PLAN THE FUTURE OF OUR CITIES?

    Durban and Pinetown and Pietermaritzburg and all the cities in this province, this country and in the world were built by the work of the poor. But poor people didn't only build our cities. They have also done a lot of the planning of the development of our cities. It was the poor who decided that black and white and rich and poor shouldn't live separately and who took unused land so that everyone could live together in our cities. Our cities look the way that they do because of both the planning of the rich, the planning of various governments and the planning or ordinary poor people. For example it was Biko Zulu who decided to start a settlement in Jadhu Place near to the schools in Overport and the jobs in Springfield Park and not any government.

    A democratic government should allow the poor to continue to be able to participate in planning the future of our cities. Planning should not only be a right for governments and the rich.

    On Friday 4th May 2007 the Provincial Legislature came to the Kennedy Road community hall to introduce the “ KZN Elimination and Prevention of Re-Emergence of Slums Bill, 2006”. The hall was overflowing with people from affiliating settlements of the Abahlali BaseMjondolo Movement. We clearly said “No land, No House – No Vote, No Bill!” We clearly told the Provincial Legislature about the illegal demolitions and evictions undertaken by the eThekwini Municipality, the failure to provide basic services to shack dwellers and the brutal criminalization of the politics of the poor by people like Supt. Glen Nayager of the Sydenham Police Station. They said that they do not know about any of this. If they do not know what is happening to shack dwellers in their own province then they must listen to shack dwellers before making laws. Listening and talking must come before deciding.

    A World Class city is not a city where the poor are pushed out of the city. A World Class city is a city where the poor are treated with dignity and respect and money is spent on real needs like houses and toilets and clean water and electricity and schools and libraries rather than fancy things for the rich like stadiums and casinos that our cities can just not afford.

    We will fight this Bill in the courts. We will fight this Bill in the streets. We will fight this Bill in the way we live our ordinary lives everyday. We will not be driven out of our cities as if we were rubbish.

    For comment please contact:

    1. Ms. Zandile Sithole, 0762270653
    2. Ms. Zodwa Nsibande, 0828302707
    3. Mr. Mnikelo Ndabankulu, 0735656241
    4. Mr. S’bu Zikode, 0835470474

    See Also

    Featured post

    Isolezwe: Ifilimu ngempilo yabantu basemijondolo

    UKUHLALA emijondolo engahlanzekile, ukumpintshana, amanzi ageleza anganakwa muntu, usizi lokudilizelwa, nokusha kwezindlu yinto ozoyibona maduze nje ku-SABC 3 ohlelweni iSpecial Assignment.

    Lokhu kuvezwe nguMnuz Mukelani Dimba wesikhungo esisiza umphakathi ekutholeni ulwazi lokuthi izidingo zawo zizolethwa nini, i-Open Democracy Advice Centre, eseKapa (ODAC).

    Uthe le filimu (documentary) ikhombisa ukuthi ulithola kanjani ilungelo lakho lokwazi elikumthethosisekelo, iRight to information Act ka-2000.

    NgoMgqibelo abantu abahlala emijondolo bathole ithuba lokuyibuka kuqala le filimu, i-The right to Know, echaza ngempilo yabantu abahlala emijondolo njengoba beyethulwa ngokusemthethweni.

    Le filimu ayikhulumi kuphela ngabantu abahlala emijondolo, kodwa nabahlala emakhaya aseNtambanana, ngaseMpangeni, abeswele amanzi ababethenjiswe ukuthi bayowathola uma sekufika uHulumeni wentando yabantu.

    Ekhuluma kule filimu, UNksz Busisiwe Gule uthe sekuze kwakhethwa kabili amakhansela belokhu bethenjiswa ukuthi bazowathola amanzi, kodwa kungachazwa ukuthi kanjani.

    Uthe bebengazi ukuthi bangedlulela phambili uma bengeneliseki yincazelo abayinikwa yikhansela.

    uDimba uqoqe umphakathi wakule ndawo balibangisa emahhovisi kamasipala ukuyobuza ngezethembiso ezingagciniwe.

    Imenenja kaMasipala ithe banohlelo lweminyaka emihlanu lokufakela lo mphakathi amanzi, kodwa banolunye uhlelo lokufakwa kwezigwedlo (boreholes). Ithembise ukubanika usizo ngokushesha.

    Efilimini kuze kwaphela izinyanga ezimbili bengayitholi impendulo kulo mkhandlu, baze babuyela kuyo i-ODAC ukuze ibasize. ekugcineni lo mphakathi uyawathola amanzi athelwa ethangeni lomphakathi njalo ngosuku.

    Kubahlali basemijondolo baseThekwini kunzima njengoba sekuphele iminyaka emibili bezama ukuthola ezikhulwini zikamasipala ukuthi zizokwakhiwa nini, kanjani futhi nakuphi izindlu? Izindlu zomxhaso zalaba bahlali ezamenyezelwa yiMeya, iKhansela Obed Mlaba ngo-2005.

    Kulukhuni satshe ukuthola iMenenja yalo mkhandlu, uDkt Mike Sutcliffe uma ungumuntu nje, ngokwefilimu. uMnuz Sbu Zikode, umholi wabahlali basemjondolo, uchithwa izikhathi eziningi ngonogada baseCity Hall uma ezama lokhu.

    Ngokusizwa nguDimba, ugcina embonile uSutcliffe.

    USutcliffe uthi abahlali basemijondolo ngabantu abathanda ukubukwa, hhayi ngoba beqonde ukulungisa izinto.

    Uyakuphika ukuthi kunzima ukuthola ulwazi kulo mkhandlu, ngoba ikhona iwebsite yalo mkhandlu echaza ngezihlelo zawo.

    Enkulumweni yakhe nethimba le-ODAC uthi ukunikezwa kolwazi kubahlali basemijondolo ngezinhlelo kungaba yinkinga njengoba bebalewa ku-500 000.

    Ekugcineni impendulo evela eMkhandliwini ifikile emahhovisi abahlali basemijondolo, kodwa akekho kubo ebekuqonda okubhalwe kuyo. Ulimi lwesilungu olusetshenziswe kuyo luphezulu kakhulu futhi akulula ukuthi ukuqonde okushiwo kuyo uma ungenalo ulwazi lwezomthetho.

    UDimba uthe le filimu izosiza imiphakathi ukuze ikwazi ukuqinisekisa ukuthi amalungelo ayo akumthetho- sisekelo ayahlonishwa.

    Usuku okuzovezwa ngayo le filimu alukaziwa.

    Published on the web by Isolezwe on June 18, 2007.

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    Isolezwe: Abasezikhundleni sebesikhohliwe

    http://www.isolezwe.co.za/index.php?fArticleId=3885242

    Abasezikhundleni sebesikhohliwe

    June 15, 2007 Edition 1

    MHLELI: Esikhathini esingaka izwe lethu lathola inkululeko kodwa kuyacaca kahle kamhlophe ukuthi uma ungumuntu odla imbuya ngothi, unezinselelo eziningi zokuthi uzabalaze.

    Lokhu ngikusho ngoba uma ubuka abaholi babahlali basemjondolo nabadayisi emgwaqeni, uthola ukudumala okukhulu.

    Yibo laba bantu ababezibandankanye no-UDF (United Democratic Front) belwa nohulumeni wobadlululo. UNkulunkulu emkhulu banqoba.

    Okubi wukuthi ababeza-balaza nabo basezikhudleni, abasabakhumbuli nakancane ngoba besezingeni eliphansi ngokwezimo zempilo, njengokuhlala emijondolo. Lokhu kwenza abaholi abanjengoMnuz Sbu Zikode (uMengameli waBahlali) oMnuz Lindela Figlan (ilungu lekomidi laBahlali) bazaba-laze okwesibili belwela intuthuko njengamanje.

    Mnikelo Ndabankulu

    CLARE ESTATE

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    Combined Harare Residents’ Association Visit Abahlali baseMjondolo

    Last year Philani Zungu from Abahlali visited Harare. Anilliah Mosaraure and Beatrice Ngwenya of the Combined Harare Residents’ Association (CHRA) are currently visiting Abahlali baseMjondolo staying in the Motala Heights and Pemary Ridge settlements in advance of a meeting between Abahlali and the Crisis in Zimbabwe Coalition. CHRA have a website at http://www.chra.co.zw

    Combined Harare Residents' Association Visit to Abahlali: mid June 2007
    Combined Harare Residents’ Association Visit to Abahlali: mid June 2007

    Initial comments by Anilliah Mosaraure (azmasaraure@yahoo.co.uk):

    In Zimbabwe they have destroyed all the shacks. At least here they are still recognised. Here they have taken access to electricity from the powerlines. We can’t do that in Zimbabwe. Even water is protected here. That impressed me very much.

    We are happy to see that here Abahlali work as a community and that even the finances are fully controlled by the community. That it is very impressive.

    After their struggle they are being recognised by the council the garbage is being collected once a week and the toilets are cleaned twice a week comparing with the situation in our country.

    Initial comments by Beatrice Ngwenya (bmanyalo@yahoo.com):

    Here the skills of the struggle are passed on to every comrade. They can even connect electricity safely and there is a team that passes on the skills to other comrades so that everyone learns how to do it safely. This way of passing on all the skills of the struggle to everybody is very impressive.

    We are also very impressed that everyone is united here in Abahlali. The blacks and the Indians they are united. There is no division. And here they come out in very large numbers. Young men and women struggle in their numbers. This is very impressive. And we have seen that here your flyers are all in your own language. This is very impressive. In Zimbabwe our flyers are always in English.

    In Zimbabwe we can’t have more than 4 or 5 people meeting. The police will stop us. We are very much urging Abahlali to make use of this opportunity while the government still allows them to meet and to organise. This opportunity will not last for ever. It must be used now.

    There is more starvation in Zimbabwe because before the people could do some vending but during Murambatsvina it was destroyed. Even the water is not up to standard and not just for the shacks. The water for the whole city is not safe. And sewers are open, refuse is not collected. There is no medication in the clinics. When we are fighting for our rights as citizens – water, housing and these things – we are taken as if we are trying to be politicians. There are no rights for citizens. There are only rights for party card holders. You must be the holder of a party card to get something. We are fighting for rights for everyone. For example some few informal traders got a place to stay after Murambatsvina but they must be party card holders to get the place. As socialists we say that this is unfair. We are urging the comrades here to fight while they still can. But don’t take too long lest you end up like us.

    We encourage much solidarity action between socialists in CHRA and Abahlali. If possible we should have solidarity via the website and exchange visits.

    VANHU KUBUNTU REPORT ON OPERATION MURAMBATSVINA

    As we take stock of Operation Murambatsvina 2 years down the line, we are confronted with the reality of whole families – father, mother and children; some of whom are teens – living in a single makeshift plastic shack along Mukuvisi River, stripping them of their human dignity and exposing them not only to cholera and other health hazards; but also to a life worse than they have led in the concrete and brick structures they were living in before the Operation.

    Harare being the most affected city by the Operation has the highest number of people who are still living in the open or in makeshift shelters made of plastics and cardboards. This is because most of the beneficiaries of the Operation Garikai/Hlanani Kuhle, which is made up of uncompleted structures, were genuine party supporters.

    Compared to the previous concrete and brick structures where people used to live in, the houses of Operation Garikai/Hlanani Kuhle show a total failure by the government as these sites have now turned into squatter camps. To make matters worse there is no sewer and water reticulation systems in these areas leading to health hazards and even loss of lives.

    Vending and informal sector which is a source of livelihood for many people in a country which has over 80% of its potential labour force unemployed was not spared by the Operation as this was labeled illegal. The promise to build formal market places has not been fulfilled up to now leaving many of these people operating with fear of being harassed by militia and council police. This is leading to an increase in risky sexual practices and large numbers of Zimbabweans migrating to neighbouring countries like South Africa, Botswana and Mozambique etc.

    People living with HIV/AIDS have been deprived of access to treatment and anti-retroviral drugs die to displacement leading to loss of lives and child-headed families exposing children to different forms of abuse e.g. school drop out, theft and prostitution. Groups focusing on women empowerment have not been spared thus depriving them of their rights.

    All citizens of Zimbabwe are hard hit by these challenges, the sick, the disadvantaged and the marginalized have been further pushed into vulnerability and abject poverty.

    Our position as the Combined Harare Residents’ Association (CHRA) on Operation Murambatsvina is that all the affected victims would be compensated for their losses. The Combined Harare Residents’ Association (CHRA) believes that human rights principles are the true “bona fide” yardstick to judge the credibility of the Operation. Indeed those who spearheaded this brutal campaign should be held accountable.

    After all has been said and done Zimbabweans need support from our fellow Comrades in the outer world.

    Thank you

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    Abahlali to Launch New Film on 16 June @ Kennedy Road

    Abahlali and the Open Democracy Advice Centre will be launching a new documentary film, ‘The Right to Know’, at the Kennedy Road Settlement on 16 June 2007.

    Update: The film is now online. Click here to see it.

    June 16th T-shirt

    All welcome.

    Time : 10:00am
    Date : 16 June 2007
    Place: Kennedy Road Community Hall

    We have chosen this day because we feel that the kids who died in 1976 never thought that we would be fighting the same battle in 2007 but now against the people who are supposed to be serving us. The generation of ’76 will not be able to rest in peace until the battle for human dignity has been won in full. Right now the battle that they stood up to fight is only half won. The people in power want us to forget what the heroes of ’76 died for. We won’t forget. We will remember their struggle by taking forward our struggle. Our struggle is their struggle and their struggle is our struggle.

    The documentary film to be launched on 16 June has been made by the Open Democracy Advice Centre (ODAC) and is about Abahlali’s use of the Promotion of Access to Information Act to force the eThekweni Municipality to give Abahlali information about their plans for shack dwellers, their land holdings in the city etc. ODAC is an NGO that has talked to and not for Abahlali and we are very happy to work with them.

    ‘The Right to Know: The Fight for Open Democracy in South Africa’ follows Abahlali baseMjondolo as they seek information for the eThekwini Municipality on its plans for shack dwellers. After years of trying to get answers from the Municipality Abahlali resorted to using their constitutionally guaranteed right of access to information by filing requests for access to information in terms of the Promotion of Access to Information Act. The film also follows the endeavours of a group of women in a village in the north of KwaZulu-Natal trying to realise their right to water. It is by making use of their right to information that this group of women successfully challenged their right municipality to provide water.

    All Abahlali branches across Durban, Pinetown and ‘Maritzburg will be sending representatives to this launch. We will also have the Sarafina dancers because the old struggle continues in new ways.

    For more information please contact:

    Abahlali: Zodwa Nsibande – 0828302707, Philani Zungu – 0721168520 or Mazwi Nzimande – 0838645945

    ODAC: Mukelani Dimba – 0826996586

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    “Zindawo ezidume kabi e Akoo’s Flats”

    1 June 2007

    Ngomhlaka 9 ka Meyi, iphephandaba I Witness bebhale ngokwelula nge “zindawo ezidume kabi e Akoo’s Flats” ukuba zibhidlizwe. Bonke abalalelwa ngovo lwabo kulombhalo bahalalisela umphathi omusha webhilidi, ‘umthuthukisi’u Mr. Andrew Barnes, ngokuchitha lelibhilidi elingcole kakhulu elalicunula amehlo. Laliyimvithi. Emva kwezinsuku ezimbili, u Daniel Bailey osebenzela indawo yamalungelo ezindlu nokukhishwa kwabantu ezindlini (Centre On Housing Rights and Evictions- COHRE),wabhala incwadi eyakhishwa kwi Witness ebuza ngabahlali abakhishwa- abantu ababengabonakali kwisiqalo sendaba ekwi Witness. Encwadini ka Daniel wakhomba ukuthi “abahlali bakulendawo bebengahlali khona ngoba bethanda(ubani ongathanda ukuhlala endaweni engaphephile?) kodwa ngoba yikhona akade benakho.

    I khansela yeWadi, u Mr Green, waphendula kulencwadi ngokuqondile evikela ukudiliza nokukhiswa kwabantu ezindlini. UGreen wabhala: “kwesinye isikhathi inzwabethi iyakholakala kuneqiniso, kodwa noma ngabe ngubani ofuna ukubeka uvo mayelana ngenzwabethi kumele enze isiqiniseko ngolwazi noma ngamahemuhemu ngaphambi ngokuba bathathe izinyathelo. Imvume yokudilizwa kwezindlu yakhishwa ihhofisi likamasipala mayelana nezindaba zokuphepha kanye nokuhlanzeka. Bonke abahlali base Akoo’s Flats babekwa kwezinye izindawo ngokwanelisayo ngosizo lomethuthukisi.

    Njenge khansela ye Wadi, ngalungiselela imihlangano emibalwa nabahlali nabathuthukisi ukuze kufezwe ngempumelelo imiphumela yawowonke umuntu obandakanyekayo”. Ingxenye yokuqala yencwadi ka Green iyindlela ethobile yokusola u Daniel Bailey ngokuqamba amanga.- “Kwesinye isikhathi izinzwabethi iyakholakala kuneqiniso, kodwa noma ngabe ngubani ofuna ukubeka uvo mayelana ngenzwabethi kumele enze isiqiniseko ngolwazi noma ngamahemuhemu ngaphambi kokuba bathathe izinyathelo”. Ngakhoke, singabantu ababehlala emakamelweni alezozindlu- ezazibizwa ngokuthi “Indlu Emhlophe”(White House)- lezo ezadilizwa eduze nama fulethi kusetsenzelwa endaweni efanayo.

    Yona futhi lendlu umniniyo kwakungu Akoo wayidayisela u Barnes. Njengamafulethi, lomuzi wawunika indawo yokuhlala kwabampofu endaweni. Sidiniwe amanga. Amanga awaqhamuki ku Daniel Bailey. Amanga aqhamuka kosomabhizinisi namakhansela. Nali iqiniso lalokhu okwenzeka kithina.

    Ekupheleni kuka Novemba ngonyaka odlule, u Mr Andrew Barnes wasazisa umphathi omusha wamabhilidi. Emva kwenyanga, indoda eyayibizwa ngokuthi u Sam, eyayimusebenzela, yamemezela ukuthi ayifuni ukuba kuphinde kuhlale muntu kuleyondawo futhi usinika inyanga ukuba siphume. Wathi akafuni simukhokhele imali yokuhlala futhi usekhokhela amanzi avuzayo yonke indawo futhi uzowavala amanzi. Ngawo futhi u Disemba, weza nencwadi eyayigunyaza ukuthi wonke umuntu asayine ukuthi uzophuma/uzohamba. Oyedwa kuphela omunye wethu owayekhona ngenkathi efika ngalesosikhathi, futhi akavumanga ukusayina leyoncwadi. Kwakungamaholidi,abahlali bancenga ukuba angabakhiphi ngalesisikhathi. U Mr. Barnes wasabisa ngokuthi uzoletha imishini eyayizodiliza yonke indawo ngakhoke sasisaba ukungabi nandawo yokuhlala futhi sasikhathazekile ngezimpahla zethu ezazilapho. Yingakho sashesha ukubuya ngomhlaka 27 no 28 kuDisemba. Kumele sisho ukuthi kuze kebe yimanje akekho owake wakhuluma nathi mayelana nezinye izindawo zokuhlala esingazithola nhlobo. Kunalokho, okwenzeka kithina ukuthi abasebenzi beza bazobhidliza indawo yethu. Baqala ngokudiliza indawo yokubhukuda eyayikhona, base baqala ngezindawo ezazingaphandle. Babesabeka bememeza thina Bantu besifazane, “Hambani bafazi”. U Mr. Barnes yena wangena ikamelo ngalinye, ekhahlela izicabha waze wayofika enzansi, ebiza abantu ababehlala lapho. Omunye wabantu ababehlala lapho kwakungowase Malawi. Mhlawumbe ngoba wayengowakwelinye izwe amalungelo akhe ayengahlonishwa, uyena owayethuke kakhulu ngalokhukusatshiswa wabaleka kuqala. Kodwa sonke sasithithekile kabi. Kulesisimo, uma umnikazi wendlu yakho ekhahlela izicabha, ebhidliza amabhilidi, akwenzeki ukuthi uqhubeke nokuhlala kuleyondawo! Okwabanga ukuthi kungenzeki ngempela ukuthi, u Mr. Barnes watshela abantu ukuthi bangeza bazothatha izicabha namafasitela- ngakhoke ngokunjalo konke kwenzeka ngokushesha okwabanga ukuthi kungahlaleki kuleyondawo.

    Sidiniwe kakhulu. Sahlukumezeka nezingaze zethu nazo zahlukumezeka. Omunye wethu watshelwa ngokwakwenzekala ngenkathi ingane yami encane ifika igijima lapho ngangisebenza khona ukuzongitshela ukuthi umlungu ucekela phanzi izicabha futhi uyamemeza. Namanje uma sikhuluma ngalendaba siyakhala futhi. Lentombazanyana yami encane yathinteka kakhulu. Njalo uma ebona indoda emhlophe, emotweni noma evenini eduze kwethu, uyakhala acashe ngokusaba. Okwenzeka akulungile impela. Mhlawumbe uma omunye engumnikazi webhilidi efuna ukulithatha, bangakwenza lokho. Kodwa ngiyathemba bangakwenza ngendlela engcono? Akubalulekile ukusabisa kuhlukunyezwe abantu. Kuyimpilo enzima kulabo abampofu. Asihlali sinesikhathi sokuthi sihambe siye kofuna izindawo zokuhlala eduze nedolobha lapho singaziphilisa khona. Abanye bethu ababese Akoo’s nase White House kwadingeka ukuthi babuyele emekhaya akude kunezindawo abasebenzela kuzo nezikole. Abanye bathola izindawo ababezikhokhela okwesikhashana esifushane emukhukhwini yaseduze nedolobha. Ukukhokhokhela ikamelo noma indawo yokuhlala kubizakakhulu kubantu- kubiza inani elingangenkulungwane yamarandi. Ngempelala akukho okunye esingakwenza.

    U Mr. Green uthi abahlali “babekwa kwezinye izindawo ezigculisayo ngosiso lomthuthukisi” . Uthi “ njenge khansela ye Wadi ngalungiselela imihlangano emibalwa yabahlali nabathuthukisi ukufeza ngempumelelo imiphumela yawowonke umuntu obandakanyekayo”. Eqinisweni, kithina esivela e White House, ayikho imihlangano eyahlelwa ukukhuluma nathi mayelana nokukhishwa ezindlini, akuzange kuxoxiswane ngokuthi siyobekwa kuphi, mhlawumbe kwakukhona impumelele kwi khansela nempumelelo kumthuthukisi, kodwa thina salahlekelwa kakhulu futhi asizange sinxephezelwe, asinikwanga usizo futhi akuxoliswanga. Kanjalo siyazi ukuthi abanye babantu base Akoo’s Flats banikezwa imali ngu Mr. Barnes ukuthi bahambe. Ngemuva kwalokho samuzwa etshela abanye ukuthi ,abantu base White House- yithinake labo- bazikhethela bona ukuhamba kodwa abantu basemaFulethini babelukhuni futhi mina (Mr. Barnes) kwafuneka ukuthi ngibakhokhele imali ukuze bahambe. Okokuqala akulona iqiniso ukuthi sazihambela ngokuthanda kwethu- saphoqelelwa ukuthi siphume. Futhi okwesibili, ukuthenga abantu/ukufumbathisa akufani neqiniso nobulungiswa.

    Sicabanga ukuthi u Mr. Barnes wenza iphutha elikhulu. Uyakhohlwa ukuthi, ngenxa yokuthi siyahlupheka ,asizona izilima. Sazibona izindaba ezabhalwa emaphephandabeni futhi sayibona nencwadi ya Khansela u Green eqamba amanga ngenxa ka Mr. Barnes. Sifuna ukuthi indaba yethu nathi yaziwe. Sesahlangana no Daniel Bailey owabhala lencwadi manje sinesiqiniseko sokuthi amalungelo ethu awanakangwa futhi lokhu kwenziwa ngendlela eyayingekho emthethweni. Abanye bethu sebahlala ezindlini zase Akoo’s iminyaka eyisishagalombili futhi sinamalungelo phansi komthetho. Imibhalo yobufakazi esinayo izincwadi ezazivela ekampanini eyayifihlekile ya Mr. Barnes kodwa akukho ukususwa okwakuhlelekile ngokomthetho okwakukhishwe inkantolo yezomthetho; kwakungekho phoyisa lesifunda lapho ngezikhathi kukhishwa izimpahla zethu, kwakungengo ndawo efanelekile yokuhlala okwaxoxiswana ngazo noma esazinikezwa. Ngesikhathi esilandelayo u Mr. Barnes uma efuna ukukhuluma nathi, usengakhuluma nabameli bethu.

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    Prayer Meeting & Discussion on a Living Theology This Sunday

    Friday, May 25, 2007
    Abahlali baseMjondolo Press Release

    ECUMENICAL PRAYER MEETING & DISCUSSION ON A LIVING THEOLOGY TO BE HOSTED BY ABAHLALI BASEMJONDOLO AT THE KENNEDY ROAD SETTLEMENT THIS SUNDAY

    Abahlali baseMjondolo is a democratic, membership controlled movement of shack dwellers with members in almost 40 settlements in Durban, Pinetown and Pietermartizburg. On 4 November last year Abahlali set up a Churches Sub-Committee. This committee has worked to set up relations with churches and, also, to think about a theology of the poor to go together with all of the thinking that we do about a politics of the poor. The notes from the Committee’s first meeting are on our website here.

    Churches, in and out of our settlements, have given strong support to our struggle. They have given spiritual support when we have lost people in the fires and when our members have been beaten by the police and put in prison. They have also given more practical support in times of crises – especially fires, arrests and brutal police attacks on our movement.

    On Sunday 27 May at 13:00 we will host church leaders from many different churches at the Kennedy Road settlement for a prayer meeting. One of the main purposes of the prayer meeting will be to provide spiritual support. We will offer this support to:

    • All the people who suffered in the recent big fire at Kennedy Road and in all the other brutal fires in all the other settlements like Quarry Road, Lacey Road, Jadhu Place and others
    • All the people who have suffered from police violence and wrongful arrest
    • All the people who are living with HIV/AIDS and caring for people with HIV/AIDS
    • All the people in our movement who are struggling every day for land, housing, water, toilets, electricity to keep us safe from fire, a police force that serves the poor and women, access to schools for poor children, safe child care, safety for women and the right to think and speak for ourselves

    We have also invited people from Zimbabwe and we will pray for Zimbabwe. We will also pray for Haiti and for the shack dwellers and other people struggling for safety, dignity and a human life for human beings all over the world. We believe that God loves the poor and that he does not want us to suffer. We will pray for the success of these struggles. We will pray that they can be a home for the poor, a place where the poor can be respected and be strong, where women can be respected and be strong and where we can create a real democracy and a living politics that is of the poor and for the poor and is not above the poor and for the rich. We will also pray that these struggles will be able to change the world so that the poor are no longer exploited and excluded to make money and space for the rich. We will pray for a world where everybody is important.

    We will also have a discussion with all the churches. This discussion will explore the meaning of a “preferential option for the poor” and of being church in the context of landlessness, poverty and state attacks on the poor in the form of illegal evictions and state repression. The support from the churches has been very important in our movement. It has given us hope and courage in hard times. It has given us dignity when those who want to think and speak for us lie about us. Some church people have said that our voice has been very important in their churches – that Abahlali is a prophetic voice in the churches – a voice for the renewal of the social gospel which is the true gospel. On Sunday we will discuss ways to develop and strengthen the relationship between Abahlali baseMjondolo and the churches in and outside of our settlements.

    Everybody is welcome.

    For further information and comment please contact:

    Mzwakhe Mdlalose 0721328458
    Anton Zamisa 07293801759
    Thoko Zikode 0733777289

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    Kennedy 6 Banning Order Overturned in Court

    Today the Kennedy 6 appeared before the magistrate at the Durban magistrate’s court.

    This was a hearing for an application to reverse or relax conditions of bail that were granted last month, 13 April 2007. The main condition to be relaxed or amended was the one that prohibits the accused to set their foot at Kennedy Road settlement fearing that they may, (not they will) interfere with or intimidate witnesses. The state prosecutor opposed the application stating the above concern. However the defence lawyer argued against this concern in that it is not based on any fact but on a suspicion. Laying the judgement the magistrate said that there is no evidence that witnesses were being, or will be intimidated, even if they were intimidated there are mechanisms to deal with that within the justice system. Therefore the court is satisfied with the conditions relaxed and the 6 comrades can go back to Kennedy Road and be with their families. They will appear before him on the 3rd July 2007 for the ruling of the Director of Public Prosecution. The magistrate mentioned that the reason for granting of bails is so that people may continue with their lives whilst the court hearing is pending. Over-jubilance overwhelmed supporters and the accused. Outside the court there was chanting and hugging, and in his speech S’bu Zikode reassured comrades saying that unconditional support will be given to comrades because this war is everybody’s war, until land and housing is delivered.

    Earlier this week S’bu Zikode delivered a speech at a graduation ceremony for church ministers, inviting them to be church in the context of poverty and take part in the struggles of the poor.

    On Sunday 27 May 2007, they will be a mass prayer at Kennedy Road to give support to families of people who lost their lives through shack fires and other victims including victims of unlawful arrests. This also marks the beginning of a process of an open dialogue between the church and Abahlali BaseMjondolo Movement.

    Struggle Continues,

    David Ntseng

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    NO LAND, NO HOUSE, NO BILL!

    This was the message from Abahlali to the KwaZulu Natal Legislature on Friday 4th May 2007 at Kennedy Road community hall. The legislature had come to introduce a bill, “ KZN Elimination and Prevention of Re-Emergence of Slums Bill, 2006”. The hall was packed to capacity by people from affiliating settlements of Abahlali BaseMjondolo Movement.

    It took two intense hours for the legislature to realize that Abahlali mean business when they talk about land and housing rights. They showed again that they are not passive recipients of government services or promises but active critics of non participatory models of governance. In these discussions Abahlali slammed the legislature for not being sensitive to the suffering of people living in shacks and for allowing the municipality to push shackdwellers out of the cities to remote areas. They shared inhumane experiences they had received from municipal agencies which carried out evictions in areas like Motala Heights, Juba Place and Crossmore without taking into account the negative impact that these will have on people’s lives.

    “Lies! Lies! AND More Lies!,” these were some of the words from Abahlali in response to the panel. Key questions were: why choose to start by eliminating instead of providing houses? Why start with giving municipalities more powers instead of delivering houses? Why only choose making laws as the first option instead of listening to shackdwellers? How come there are no answers to ‘W” questions that Abahlali sent to MEC Mabuyakhulu, Mayor Mlaba and Manager Sutcliffe, instead more repressive laws to the poor?

    In defense of its call, the legislature claimed no knowledge of the stuff taking place in Ethekwini and committed itself to taking all the issues that people raised with the MEC. In addition the legislature proposed that there needs to be a meeting between Abahlali, the legislature and Ethekwini council to work on issues. Not being easily fooled, Abahlali challenged the legislature arguing that they know what’s going on in Ethekwini and they are just protecting their colleagues. Rejecting the bill, Abahlali vowed to continue with mass action against Ethekwini council and the MEC if their land and housing demands are not met.

    Subsequently;

    On Sunday the 6th May 2007, the Chairperson of the KZN portfolio committee on Housing drove from Estcourt to the Motala Heights settlement, to hear from people what their grievances are and what do they think the legislature should do. Abahlali were amazed and appreciated the gesture but wonder how much of this changed the MECs mindset and attitude towards shackdwellers.

    VIVA ABAHLALI BASEMJONDOLO VIVA!

    Also see

    Featured post

    Worst Fire to Ever Hit Kennedy Road

    Update, Monday 30 April: 5 people are now unaccounted for after the fire. Two people are confirmed dead.
    after the devastation
    It is difficult to get precise information in the initial confusion but:

    at least two people are dead
    at least 75 homes are destroyed
    at least 100 families are homeless and many have lost all that they own
    at least 400 people have been made homeless

    As with each fire in each settlement it has to be pointed out that these are not acts of God. This suffering is avoidable and it happens because, as the eThekwini Municipality's electricity policy states, "In the past (1990s) electrification was rolled out to all and sundry…because of the lack of funding…electrification of the informal settlements has been discontinued." There's plenty of money for a loss making theme park or a loss making A1 Grand Prix but not for the poor to be able to live without the fear of constant fires.

    People have come from Abahlali settlements across Durban and Pinetown to help with clearing up, salvaging of building material that can be beaten back into shape and the rebuilding.

    For comment or to offer support – food, blankets, building materials, medical assistance – please contact Zama Ndlovu on 0833305392 or Thelumusa Lembede 0766837751.

    http://www.isolezwe.co.za/index.php?fArticleId=3807208

    Basale dengwane kusha imijondolo

    April 30, 2007 Edition 1

    PHILI MJOLI

    ISIPHENDUKE intandane ingane enezinyanga eziyithupha ephonswe unina ngaphandle komjondolo obugqamuka amalangabi adlule nomphefumulo kanina kuKennedy Road, eThekwini, ngoMgqibelo ebusuku.

    Kuthiwa uNksz Bheni Mhlakwane ongowokudabuka eMatatiela, eMpumalanga Kapa, ushe wangqonga nomjondolo wakhe ngemuva kokuphonsa ingane kuyise obengaphandle. Ibalelwa ku-100 imijondolo eshile kule ndawo nosekushiye inqwaba yabantu bengenandawo.

    Okhulumela laba bahlali, uMnuz Thelumusa Lembede, uthe uNksz Mhlakwane unele wezwa kuthiwa kuyasha waphuma ngesamagundane. Uthe esesemnyango, wakhumbula ingane yakhe, waphindela ngaphakathi wabhodloza umjondolo endaweni ebingakashi wadonsa ingane wayiphonsa ngaphandle.

    "Sithe sisalindele ukuthi aphume ngaleyo ntuba abeyivulile, wangaphuma. Uyise wengane ungene kuwo lo mjondolo uvutha ngentuba ephume ingane, wangamtho-la, kanti uphume ngenye intuba washa wafela khona lapho," kusho uLembede.

    Akuyena yedwa uNksz Mhlakwane ofe ngesikhathi kusha le mijondolo. NoMnuz Ephraim Phungula okusolwa ukuthi ubelele ushonele khona lapho.

    "UPhungula akazange avuke ngesikhathi kumenyezwa kuthiwa kuyasha, size sabona sekucishwe umlilo ukuthi ubengaphakathi endlini," kusho uLembede.

    UNksz Dora Zulu, ongumama wezingane eziyisishiyagalolunye ubesahleli phansi kompheme osalile ngesikhathi kusha.

    "Sisele nesikugqokile kuphela, nakuleli hholo esilala kulo ngilala ngezingubo zabasindile. Okubuhlungu ukuthi nginosana olunezinyanga ezine nalo olusele nelikugqokile kuphela," kusho uNksz Zulu.

    UMnuz Jacoob Baig oyikhansela lakule ndawo, uthe akekho eThekwini useGoli ezihlotsheni zakhe ebezivelelwe umshophi, kodwa wethembisa ukuthi namhlanje uzozama ukuthi abathintekile batholelwe usizo oluphuthumayo lwezingubo nokudla.

    "UMkhandlu unohlelo lwezimo eziphuthumayo lokusiza abasuke besele dengwane ngizothintana nekomiti elikule ndawo libe lingibhalela umbiko ngokwenzekile kanye nenamba yabathintekayo ukuze ngikwazi ukubafaka kulolu hlelo kusasa (namhlanje)," kusho uBaig.

    Okhulumela amaphoyisa kulesi sifundazwe uSupt Vincent Mdunge uthe lolu daba lubikiwe emaphoyiseni.

    "Amaphoyisa athole izidumbu ezintathu kule mijondolo, abesilisa ababili nowesifazane," kusho uMdunge.

    Featured post

    State Prepares for War on the Poor: Text of the KZN ‘Shackdweller Elimination’ Bill

    Below, the text of the KZN shackdweller elimination bill, which the KZN legislature has euphemistically entitled “Elimination and prevention of re-emergence of slums bill”. This is a truly terrifying piece of legislation that goes so far as to propose moving shackdwellers to ‘transit camps’ and which amounts to a declaration of intent to wage an out and out war on the poor. Original PDF file below. Please read it and please invest some time and energy in finding ways to resist this attempt to decisively swing power back to the rich in a way that would destroy all the gains made by popular action from the 80s and by legislative reform from 1996.

    See Also

    Submissions on the Bill can be sent to Sibongile Sibisi at SIBISIS@kznlegislature.gov.za before the end of May.

    KWAZULU-NATAL ELIMINATION AND PREVENTION OF RE-EMERGENCE OF SLUMS BILL, 2006

    CERTIFIED: 26 October 2006

    Adv BA Mbili
    PROVINCIAL STATE LAW ADVISOR

    BILL

    To provide for the progressive elimination of slums in the Province of KwaZulu-Natal; to provide for measures for the prevention of the re-emergence of slums; to provide for the upgrading and control of existing slums; and to provide for matters connected therewith.

    PREAMBLE

    WHEREAS the provision of affordable housing for all citizens in South Africa, and especially those sectors of the community who, prior to the advent of democracy in South Africa, were disadvantaged politically and economically, is a cornerstone in the building of a stable and healthy national community;

    AND WHEREAS everyone has a constitutional right to have access to affordable housing;

    AND WHEREAS section 7 of the Housing Act, 1997 (Act No. 107 of 1997), encourages provincial governments to, amongst other things, enact legislation which will facilitate the achievement of the objective of providing adequate and affordable housing;

    AND WHEREAS the KwaZulu-Natal Housing Act, 1998 (Act No. 12 of 1998), was duly enacted by the KwaZulu-Natal provincial government to afford everyone in the Province access to affordable housing;

    AND WHEREAS one of the objectives of both the Housing Act, 1997 (Act No. 107 of 1997), and the KwaZulu-Natal Housing Act, 1998 (Act No. 12 of 1998), is to encourage interaction and support between provincial and local governments in the provision of affordable housing;

    AND WHEREAS it is desirable to introduce measures which seek to enable the control and elimination of slums, and the prevention of their re-emergence, in a manner that promotes and protects the housing construction programmes of both provincial and local governments,

    BE IT THEREFORE ENACTED by the Provincial Legislature of the Province of KwaZulu-Natal, as follows:-

    ARRANGEMENT OF SECTIONS
    Section
    CHAPTER 1
    DEFINITIONS, APPLICATION AND OBJECTS OF ACT
    1. Definitions
    2. Application of Act
    3. Objects of Act

    CHAPTER 2
    PROHIBITION OF UNLAWFUL OCCUPATION AND USE OF SUBSTANDARD ACCOMMODATION
    4. Prohibition of unlawful occupation
    5. Prohibition on use of substandard accommodation for financial benefit
    6. Responsibility of municipality on use of substandard accommodation

    CHAPTER 3
    ROLE OF RESPONSIBLE MEMBER OF EXECUTIVE COUNCIL
    7. Provision of adequate and affordable housing
    8. Powers and functions of responsible Member of Executive Council

    CHAPTER 4
    ROLE OF MUNICIPALITIES
    9. Progressive realisation of right to adequate and affordable housing
    10. Eviction by municipality
    11. Submission of status and annual reports to responsible Member of the Executive Council
    12. Condition for provision of alternative land or buildings
    13. Establishment of transit area
    14. Notice to owner or person in charge to upgrade land or building

    CHAPTER 5
    DUTIES OF OWNERS AND PERSONS IN CHARGE OF LAND OR BUILDING
    15. Steps to prevent unlawful occupation
    16. Eviction of unlawful occupiers

    CHAPTER 6
    GENERAL MATTERS
    17. Report to Provincial Legislature by responsible Member of Executive Council
    18. Right of municipalities to expropriate land
    19. Municipal by-laws
    20. Offences
    21. Penalties
    22. Regulations
    23. Delegations
    24. Short title

    CHAPTER 1
    DEFINITIONS, APPLICATION AND OBJECTS OF ACT

    Definitions
    1. In this Act any word or expression to which a meaning has been assigned in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998), must, unless clearly inappropriate, bear that meaning, and unless the context indicates otherwise –
    “annual report” means a report referred to in section 11;

    “building” includes any structure, hut, shack, tent or similar structure or any other form of temporary or permanent dwelling or shelter, irrespective of the material used in the erection thereof, erected or used for or in connection with the accommodation or convenience of persons;

    “Constitution” means the Constitution of the Republic of South Africa, 1996;

    “department” the department in the Provincial Government of KwaZulu-Natal responsible for housing;

    “financial year” means the period from 1 April in any year to 31 March of the following year;

    “Gazette” means the official Provincial Gazette of KwaZulu-Natal;

    “informal settlement” means an area of unplanned and unapproved informal settlement of predominantly indigent or poor persons with poor or non-existent infrastructure or sanitation;

    “integrated development planning” means planning by a municipality in accordance with a plan envisaged in section 25 of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), and “integrated development plan” has a corresponding meaning;

    “land” means a portion of land that is occupied or is capable of being occupied by persons;

    “municipal manager” means a person appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No.117 of 1998);

    “municipality” means a municipality contemplated in section 155 of the Constitution, 1996, and established by and under sections 11 and 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), read with sections 3, 4 and 5 of the KwaZulu-Natal Determination of Types of Municipality Act, 2000 (Act No. 7 of 2000);

    “officer” means an officer as defined in section 1 of the KwaZulu-Natal Housing Act, 1998 (Act No.12 of 1998);

    “Prevention of Illegal Eviction from and Unlawful Occupation of Land Act” means the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998);

    “person in charge” means a person who has or at the relevant time had, the legal authority to give permission to a person to enter or reside upon any land or building;

    “Province” means the Province of KwaZulu-Natal as contemplated in section 103 of the Constitution, 1996;

    “Provincial Government” means the Provincial Government of the Province of KwaZulu-Natal;

    “Provincial Housing Code” means the Provincial Housing Code referred to in section 34 of the KwaZulu-Natal Housing Act, 1998 (Act No.12 of 1998);

    “provincial housing development fund” means the provincial housing development fund contemplated in section 12(2) of the Housing Act, 1997 (Act No. 107 0f 1997);

    “Provincial Legislature” means the Legislature of the Province of KwaZulu-Natal;

    “regulations” means regulations made in terms of section 22;

    “responsible Member of the Executive Council” means the member of the Executive Council of the KwaZulu-Natal Province responsible for housing;

    “slum” means overcrowded or squalid land or buildings occupied by predominantly indigent or poor persons with poor or non-existent infrastructure or sanitation, and “slum conditions” has a corresponding meaning;

    “slum elimination programme” means a programme contained in the status and annual report of a municipality submitted in terms of section 11;

    “status report” means a report referred to in section 11;

    “this Act” includes the regulations;

    “traditional council” means a traditional council established in terms of section 6 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);

    “transit area” means any land or building acquired or used by a municipality for temporary accommodation or settlement of persons who are removed from a slum or informal settlement.

    Application of Act
    2.(1) This Act applies to all matters pertaining to the promotion of and protection against illegal and unlawful occupation of land or buildings in the Province.

    (2) Where this Act does not regulate a matter pertaining to promotion and protection against illegal and unlawful occupation of land or buildings, the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, apply.

    Objects of Act
    3. The objects of this Act are –
    (a) to eliminate slums;
    (b) to prevent the re-emergence of slums;
    (c) to promote co-operation between the department and municipalities in the elimination of slums;
    (d) to promote co-operation between the department and municipalities in the prevention of the re-emergence of slums;
    (e) to monitor the performance of the department and municipalities in the elimination and prevention of the re-emergence of slums; and
    (f) to improve the living conditions of the communities,
    in the Province.

    CHAPTER 2
    PROHIBITION OF UNLAWFUL OCCUPATION AND USE OF SUBSTANDARD ACCOMMODATION

    Prohibition of unlawful occupation
    4.(1) No person may occupy any land or building without the consent of the owner or person in charge of such land or building.

    (2) Any person who contravenes subsection (1) may be evicted from such land or building after following the procedure set out in sections 4, 5 or 6 of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

    Prohibition on use of substandard accommodation for financial benefit
    5. The owner or person in charge of a building or structure may not allow persons to use such building or structure for accommodation purposes and in return for financial benefit if such building or structure has not been approved by the municipality in terms of regulations made under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), or is clearly not fit for human habitation on the basis that such building or structure –
    (a) does not have access to natural light;
    (b) does not have running water supply available or connected;
    (c) does not have ablution facilities available or connected;
    (d) is a health nuisance as defined in the National Health Act, 2003 (Act No. 61 of 2003); or
    (e) is in a serious state of neglect or disrepair.

    Responsibility of municipality on use of substandard accommodation
    6.(1) A municipality within whose area of jurisdiction a building or structure referred to in section 5 falls must give a written notice to the owner or person in charge thereof to institute, within the period stipulated in such notice, proceedings for the eviction of the occupants thereof.

    (2) If the owner or person in charge of the building or structure fails to comply with the notice referred to in subsection 1, the municipality may institute proceedings for the eviction of the occupants of such building or structure as provided for in section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

    CHAPTER 3
    ROLE OF RESPONSIBLE MEMBER OF EXECUTIVE COUNCIL

    Provision of adequate and affordable housing
    7. Subject to the provisions of the Housing Act, 1997 (Act No. 107 0f 1997), the responsible Member of the Executive Council must promote and facilitate the provision of adequate housing throughout the Province within the framework of the national policy on housing development.

    Powers and functions of responsible Member of Executive Council
    8.(1) For the purposes of section 7, the responsible Member of the Executive Council must –
    (a) ensure that the slum elimination programme adopted by a municipality is consistent with –
    (i) the objectives of the provincial policy in respect of housing development; and
    (ii) the multi-year plan for the execution of national and provincial housing programmes in the Province, as contemplated in section 2B(3) of the KwaZulu-Natal Housing Act, 1998 (Act No. 12 of 1998);
    (b) monitor the progress made by municipalities in their programmes for the eradication of slums within their respective areas of jurisdiction;
    (c) co-ordinate slum elimination and related activities in the Province;
    (d) take all reasonable and necessary steps to support municipalities in their progressive elimination of slums; and
    (e) administer the provincial housing programme and may, for this purpose, in accordance with that programme and the prescripts contained in the Provincial Housing Code, approve –
    (i) any project that is recommended by a municipality to upgrade and improve a slum or informal settlement within its area of jurisdiction;
    (ii) any project adopted by a municipality to relocate persons living in a slum or an informal settlement within its area of jurisdiction; or
    (iii) the financing of the projects referred to in subparagraph (i) and (ii) out of money paid into the KwaZulu Natal Housing Fund established in terms of section 11 of the KwaZulu-Natal Housing Act, 1998 (Act No. 12 of 1998).

    (2) The responsible Member of the Executive Council may, generally, do everything which is necessary or expedient to achieve the objects of this Act referred to in section 3 and to perform the duties and carry out his or her functions referred to in subsections (1).

    CHAPTER 4
    ROLE OF MUNICIPALITIES

    Progressive realisation of right to adequate and affordable housing
    9.(1) A municipality may, as part of its process of integrated development planning, and within its available resources –
    (a) take reasonable measures to achieve for its inhabitants the progressive realization of the right of access to adequate housing contained in section 26 of the Constitution;
    (b) promote the establishment, development and maintenance of socially and economically viable communities and of safe and healthy living conditions to ensure the elimination and prevention of slums and slum conditions;
    (c) encourage and promote housing and economic development in rural areas within its area of jurisdiction so as to avoid the undue influx of persons to urban areas and the resultant development of slums;
    (d) in the case of a Category B municipality, collaborate with the Category C municipality within whose area of jurisdiction it falls, to enable initiatives for the provision of housing sector plans based on a safe and healthy environment for the community to be coordinated on a district-wide basis; and
    (e) in the case of land falling within the area of a traditional council, consult with the traditional council concerned with a view to agreeing to appropriate measures for the elimination of existing slum conditions within the area of such traditional council.

    (2) Subject to subsection (3), the responsible Member of the Executive Council may, in the interest of health or safety, and after consulting with the affected municipalities, require a neighbouring municipality or the Category C municipality within whose area of jurisdiction a Category B municipality falls to provide any sanitary or other service to the occupants of a slum, an informal settlement or a transit area within the area of jurisdiction of such Category B municipality if, in the opinion of the responsible Member of the Executive Council, the neighbouring or Category C municipality concerned is best able and suited to provide such sanitary or other service to the occupants of a slum, an informal settlement or a transit area.

    (3) A municipality that is required by the responsible Member of the Executive Council to provide sanitary or other services in terms of subsection (2) must prioritise its available Municipal Infrastructure Grant funding for the provision of such service.

    Eviction by municipality
    10. A municipality may, subject to section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, the Constitution, and any other national legislation protecting the housing or occupation rights of persons, institute proceedings for the eviction of an unlawful occupier from land or buildings falling within its area of jurisdiction if such eviction is in the public interest.

    Submission of status and annual reports to responsible Member of Executive Council
    11.(1) Each municipality must, within six months of the commencement of this Act, prepare and submit to the responsible Member of the Executive Council a status report –
    (a) detailing the number and location of existing slums within its area of jurisdiction, together with details of its slum elimination programme and key performance indicators to measure progress in the implementation of such programme;
    (b) detailing, in respect of each slum, the ownership, description and the estimated number of persons in occupation thereof;
    (c) indicating, in the case of persons who are unlawful occupiers of a slum, whether –
    (i) such persons have been in occupation thereof for more than six months;
    (ii) land or building may be made available or may reasonably be made available by the municipality or other organ of state or another owner of land or building for their relocation, particularly, where they have been in occupation for more than six months; and
    (iii) the estimated cost, if any, of acquiring the available land or building for the relocation of unlawful occupiers; and
    (d) containing recommendations by the municipality as to which slums, if any, are suitable for upgrading and improvement to address the shortage of housing, as well as the estimated cost of such upgrading and improvement.

    (2) Each municipality must, after submitting the status report referred to in subsection (1), prepare, within three months after the end of each financial year, an annual report for that financial year reflecting –
    (a) the steps taken towards the realization of its slums elimination programme during that financial year, as well as the improvements made in the living conditions of the persons concerned as a result thereof;
    (b) a comparison of the progress referred to in paragraph (a) with targets set in the key performance indicators referred to in subsection (1)(a) and the performance in the previous financial year; and
    (c) measures taken by the municipality to improve on the progress made to bring it in line with the targets set in the key performance indicators.

    Condition for provision of alternative land or buildings
    12. In the event of a municipality deciding to make available alternative land or buildings for the relocation of persons living in a slum, such municipality must take reasonable measures, within its available resources, to ensure that such alternative land or building is in reasonable proximity to one or more economic centres.

    Establishment of transit area
    13.(1) A municipality may identify or acquire land or buildings within its area of jurisdiction for the purpose of establishing a transit area to be utilized for the temporary accommodation of persons who are evicted from a slum pending the acquisition of land or buildings for their permanent accommodation.

    (2) A municipality must, in acquiring the land or buildings referred to in subsection (1), ensure that such land or building is –
    (a) suitable for the accommodation of persons; and
    (b) equipped with the necessary basic infrastructure and sanitation,
    prior to the occupation thereof by the persons concerned.

    Notice to owner or person in charge to upgrade land or building
    14.(1) A municipality must, if it is of the opinion that any land or building within its area of jurisdiction is –
    (a) in an unhygienic condition;
    (b) in a state of disrepair; or
    (c) likely to become a slum,
    give written notice to the owner or person in charge thereof, calling upon such owner or person in charge to upgrade and refurbish such land or building to remove the unhygienic conditions prevailing therein.

    (2) A person served with a notice in terms of subsection (1) must, within three months, upgrade and refurbish such land or building to remove the unhygienic conditions prevailing therein.

    (3) Any person who fails to comply with the provisions of subsection (2) commits an offence.

    CHAPTER 5
    DUTIES OF OWNERS AND PERSONS IN CHARGE OF LAND OR BUILDINGS

    Steps to prevent unlawful occupation
    15.(1) An owner or person in charge of vacant land or building must, within twelve months of the commencement of this Act, take reasonable steps, which include but are not limited to –
    (a) the erection of a perimeter fence around such vacant land or building;
    (b) the posting of security personnel; or
    (c) any other reasonable preventative measure,
    to prevent the unlawful occupation of such vacant land or building.

    (2) In the event that the owner or person in charge of vacant land or building fails to comply with subsection (1), a municipality within whose area of jurisdiction the vacant land or building falls must give written notice to the owner or person in charge thereof to, within 30 days of receipt of such notice –
    (a) comply with the provisions of subsection (1); or
    (b) give reasons for failure to comply.

    (3) The failure by the owner or person in charge of vacant land or building to comply with the notice issued in terms of subsection (2) constitutes an offence.

    Eviction of unlawful occupiers
    16.(1) An owner or person in charge of land or a building, which at the commencement of this Act is already occupied by unlawful occupiers must, within the period determined by the responsible Member of the Executive Council by notice in the Gazette, in a manner provided for in section 4 or 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, institute proceedings for the eviction of the unlawful occupiers concerned.

    (2) In the event that the owner or person in charge of land or a building fails to comply with the notice issued by the responsible Member of the Executive Council in terms of subsection (1), a municipality within whose area of jurisdiction the land or building falls, must invoke the provisions of section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

    CHAPTER 6
    GENERAL MATTERS

    Report to Provincial Legislature by responsible Member of Executive Council
    17.(1) The responsible Member of the Executive Council must, within five months after the end of the financial year, table in the Provincial Legislature a consolidated report based on the annual reports submitted by municipalities in terms of section 11.

    (2) The report referred to in subsection (1) must, amongst other things, set out –
    (a) the progress made by municipalities in eliminating slums, as well as the improvements made in the living conditions of the persons residing within the area of jurisdiction of each municipality;
    (b) the challenges, if any, encountered by municipalities in the implementation of their slum elimination programmes, as well as the solutions proposed by the responsible Member of the Executive Council to overcome such challenges; and
    (c) any other information which the responsible Member of the Executive Council may wish to bring to the attention of the Provincial Legislature in relation to the provincial programme for the elimination of slums.

    Right of municipalities to expropriate land
    18. Subject to the provisions of the Expropriation Act, 1975 (Act No. 63 of 1975), the Local Authorities Ordinance, 1974 (Ordinance No. 25 of 1974), or any other law, a municipality may expropriate any land or right in land, whether temporarily or otherwise, required by it for the purpose of establishing a transit area or, alternatively, for permanent settlement of persons who are removed or evicted from a slum.

    Municipal by-laws
    19. A municipal council may, subject to the Constitution and national legislation, adopt bylaws not inconsistent with this Act to give effect to its slum elimination programme and the provisions of this Act.

    Offences
    20. Any person who unlawfully interferes with the reasonable measures adopted by an owner or person in charge of vacant land or building to prevent the unlawful occupation of such vacant land or building commits an offence.

    Penalties
    21. Any person convicted of an offence in terms of section 20, and other offences provided for in this Act, is liable to a fine not exceeding R20 000 or imprisonment for a period not exceeding 5 years or to both such fine and imprisonment.

    Regulations
    22.(1) The responsible Member of the Executive Council may, by notice in the Gazette, make regulations or issue guidelines not inconsistent with this Act or any national legislation regarding –
    (a) the upgrading of slums and informal settlements within the Province;
    (b) the contents of the status and annual reports to be submitted by municipalities to the responsible Member of the Executive Council in terms of this Act;
    (c) the prerequisites for the financing of any projects adopted by municipalities to upgrade or relocate slums or informal settlements within the Province;
    (d) the administration of any funds that the Provincial Government may advance to the municipalities for the purpose of financing their slum eradication programmes;
    (e) the acquisition of any suitable land or building identified by a municipality for the relocation of persons living in a slum or informal settlement; and
    (f) any administrative or procedural matter necessary to give effect to the provisions of this Act.

    (2) The responsible Member of the Executive Council may by regulation made in terms of subsection (1) declare a contravention of, or failure to comply with, any specific regulation hereof an offence.

    Delegations
    23.(1) The responsible Member of the Executive Council may delegate to an officer, employee or functionary in the department any power or duty conferred on the responsible Member of the Executive Council by this Act, except –
    (a) the power to make regulations referred to in section 22; and
    (b) the duty to table the consolidated report in the Provincial Legislature in terms of section 17.

    (2) A delegation referred to in subsection (1) –
    (a) must be in writing;
    (b) does not prohibit the responsible Member of the Executive Council from exercising that power or performing that duty; and
    (c) may at any time be withdrawn or amended in writing by the responsible Member of the Executive Council.

    Short title
    24. This Act is called the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2006.

    Featured post

    Fazel Khan fired from UKZN, possibly in part for his work with Abahlali

    fazel khan

    ALL DOCUMENTS FROM THE HEARING, ALONG WITH THE KAMPALA DECLARATION, ARE NOW ATTACHED BELOW

    Also see

    The Fazel Khan solidarity website is at Fazel.Shackdwellers.org. New articles are being loaded on this site as they come in and there is also an online petition here.

    Fazel Khan was fired from UKZN yesterday. He had been charged with ‘bringing the university into disrepute’ after answering questions put to him by the media. He almost got fired a few years ago at UDW for organising for HIV/AIDS treatment access against a denialist vice-chancellor and for arguing that the (then proposed) merger between UDW and UN would be a neo-liberal cost-cutting exercise dressed up a ‘transformation’. That time he escaped the axe but yesterday it fell.

    The questions that were put to him by the media related to the fact that he had been removed from a photograph and the text of an article in the University newsletter on a film that he and Sally Giles had made on Abahlali (all reference to Abahlali was also removed from the article but that never became an issue). He argued that his excision from the picture and the text were political and related to his role in the 2006 UKZN strike.

    Just before the hearing started he was also charged with leaking a document which showed that unions and management had agreed that there was an intimidatory climate at the University. The disciplinary process was dragged out over 7 months. At one point it was put to Fazel that the charges would be dropped if he informed on others involved in an alleged conspiracy to embarrass the university management in the media. Of course there was no such conspiracy and of course he refused the invitation to make up evidence against others to save himself. Immediately after he was fired the vice-chancellor threatened him and warned him not to speak to the media or to the Freedom of Expression Institute about his dismissal. He also warned that other academics involved in the ‘conspiracy to bring the university into disrepute in the media’ would be fired soon.

    Fazel was denied legal representation at the hearing, which was conducted behind such heavy security that he himself struggled to get to it (his lawyer had to be smuggled on to the campus in a car boot), and which was compacted into just two days making it very difficult to engage with all the facts in sufficient detail. He conducted his defence with dignity and integrity making a strong case for his right to be critical of the university management. One of the witnesses was personally intimidated right outside of the hearing by finger wagging Makgoba with a bunch of security guards standing behind him….

    All of the lawyers and other experts who have looked at the transcript of the hearing and the judgement have said that the judgement has very little relationship to the evidence brought to and examined at the hearing. In fact the chair couldn’t even spell Fazel’s name correctly. Fazel will now challenge this decision in court where he has been told that a victory, although it will be long in coming and expensive, is more or less certain.

    He was recently elected to lead the combined negotiation team representing all 4 unions and, in a final irony, on the very same day that he was fired the fruits of his work were delivered to all staff – a 7.2% increase, plus a notch and back pay till January plus increases in housing, medical allowances and a 3 weeks shutdown over Christmas.

    In December 2005 the Mercury reported that Makgoba had told Fazel, in front of 3 witnesses, that Mayor Mlaba had phoned him to say that there was NIA evidence that Fazel and 2 other academics at UKZN were guilty of ‘inciting shack dwellers’. Makgoba said that he would present this evidence to the University Council with a view to charging the 3 academics. When Jacob Zuma visited the campus last year he sought a meeting with union officials and told them that the union would have to accept that ‘those academics embarrassing the government will have to go’. Second hand reports were also received of similar comments from City Manager Mike Sutcliffe and MEC for Safety & Security Bheki Cele. But it is not clear whether or not Fazel was in the end fired because of his work with Abahlali or because of his key role in the UKZN strike last year (or both). However it could well be that his work in the largest workers’ union on the campus, a union that he headed at the time of his dismissal, was enough to make his presence on the campus unacceptable to the management.

    Fazel has received tremendous support from the workers in his union, from his colleagues in his school, from his former and current students, from many prominent academics in Durban and ‘Maritzburg and around the country and internationally and, of course, from Abahlali baseMjondolo. There has been considerable international support which has even extended to a planned demonstration in Istanbul and film screenings and discussions in San Francisco. Plans are also just starting to be made for screenings of Fazel’s film on the 2006 strike on campuses around South Africa to be followed by discussions on academic freedom.

    Fazel Khan will have to take what income he can find to provide for his four children but he will continue to study, learn and teach in the University of Abahlali baseMjondolo. Qina mhlali!

    For more details, updates, general information on the struggle for academic freedom and to sign the online petition in support of Fazel please visit the Fazel Khan solidarity site

    Update: Fazel’s new email address is ihashiliyadlala@gmail.com

    To learn more about UKZN read Ngugi’s brilliant new novel – Wizard of the Crow. No prizes for guessing who is Big Ben Mambo…

    Featured post

    SABC lies about UN Rapporteur’s visit and state of housing in South Africa

    SAPA, Pretoria News and the Mail and Guardian present the appalled reaction of Miloon Kothari, UN Special Envoy on Housing after his recent visit. Mr Kothari himself presents his dismal assessment here. Somehow, though, SABC, the state news agency, has contrived a way of saying precisely the opposite…

    Update: The Daily News report, missed at the time is now posted in below the SABC spin….

    http://www.sabcnews.com/south_africa/general/0,2172,147874,00.html

    April 24, 2007, 12:30

    Miloon Kothari, the UN special rapporteur on adequate housing, says South Africa has made significant progress in ensuring that people's rights to adequate housing and other basic human rights are protected. Kothari has just completed a two-week tour of the country at the invitation of the government.

    He visited Johannesburg, Pretoria, Kimberley, Polokwane, Durban, Cape Town and other areas. Kothari says the last 13 years of democratic rule have brought much change.

    Kothari did however note that there are gaps in the implementation of certain constitutional provisions when it comes to providing adequate housing to citizens. He says there is lack of co-operation between national, provincial and local government.

    http://www.dailynews.co.za/index.php?fArticleId=3800392

    Scathing UN report on housing in SA
    Expert makes wide ranging suggestions

    April 26, 2007 Edition 1

    Wendy Jasson da Costa

    A moratorium on evictions, the prosecution of farmers who illegally evicted workers and harsh words for Anglo Platinum, was among some of the wide ranging recommendations by the UN Special Rapporteur on Adequate Housing, Miloon Kothari.

    After a two week visit to the country Kothari this week shared his preliminary observations with the media in Pretoria saying he would engage with government before releasing his final report on conditions in South Africa later this year.

    He said one of the main obstacles in SA was the "disturbing phenomenon" of forced evictions which often occurred without a court order. Often those evictions happened in the middle of the night, property was destroyed and it was accompanied by violence.

    Kothari said the moratorium on evictions should be in place until all legislation, policies and administrative actions were brought in line with constitutional provisions and judgments which protected the right to adequate housing and freedom from evictions.

    He said apart from prosecuting farmers for illegal evictions "rigorous" human rights education was also needed for farm dwellers.

    Top of his list of recommendations was improved co-ordination amongst government departments to ensure an approach to housing which recognised that it would only be adequate when there was proper access to water, health services, employment and education opportunities.

    Kothari also had harsh words for Anglo Platinum's PPL mine in Limpopo, calling on authorities to review the mines managing plans, assess the impact of its activity in the area and review its lease agreement.

    Kothari said six thousand people had been moved from their ancestral land to township areas while a further 10 000 was in the process of being relocated.

    He also recommended that the different levels of government should consider intervening in the housing market to regulate the current high and unaffordable prices and land and property speculation.

    The recommendations also call for the provision of "adequate" legal aid funding in civil and administrative law to ensure that people whose rights had been breached had proper access to affordable quality legal representation.

    He also said that people with special needs be placed on a separate housing waiting list.

    Kothari said he was impressed that the national Housing Subsidy Scheme had already financed the building of 2.4 million homes since 1994.

    However, the construction of the homes were often shoddy and the size of the structures were inadequate for the number of people it was supposed to house.

    South Africa's domestic violence legislation was also described as inadequate because it did not protect a woman's right to housing while there were also not enough shelters for women, he said.

    Featured post

    Hunger Strike Ends with Release from Prison at the Cost of Massive Bail and a Banning Order


    Click here for photo essay.

    The court was flooded with supporters including a Bishop, a monk and a priest – not the usual company of what the prosecutor had called 'dangerous criminals' last time (meaning, of course, 'dangerous [poor] criminals' rather than habitual law breakers like Sutcliffe, Nayger and co.) which really helps to get more people to take a second look at Nayager's lies.

    There were even more people there than when Nayager had arrested and beaten S'bu Zikode and Philani Zungu on trumped up and soon dropped charges in September last year. The I.O. had been pushing a hard no bail line until yesterday but the pressure from the protests, the media, the church support and the red river running through the corridors of the court clearly started to tell. By 10 this morning they were ready to make a deal and Mark Serfontein, the pro bono lawyer, and S'bu Zikode negotiated with the prosecutor moving up and down from the court to the holding cells below.

    Obviously Abahlali couldn't bargain too hard given that it was day 12 of the hunger strike and that the Kennedy 5 were determined to continue with the hunger strike until their release or their death. In the end the deal was that they won bail at a steep price part of which is that they do not step foot in Kennedy Road until the trial is concluded. Abahlali had been advised that bail wouldn't be higher than R2 000 a person and would be likely to be very much less given that none of the accused have formal employment. On this basis they had managed to collect R10 000. But bail was set at R5 000 per person and so another R15 000 had to be found very quickly. There was an outbreak of gracious generosity and a plan was quickly made. The prosecutor claimed that she had information from the I.O. (and Nayager openly boasts that the I.O. takes instructions from him) that the 5 were planning to intimidate the witnesses and that therefore they couldn't return to their homes or their community. This is ludicrous. For a start they are so weak following the hunger strike that 3 of the 5 can only stand for a minute or two and secondly the key witnesses is an armed and dangerous criminal under the personal protection of a rampantly criminal police officer and the other witness is the father-in-law of that criminal's best friend. Suddenly a dangerous criminal is a vulnerable man who requires draconian state protection to the degree that a large part of the democratically elected leadership of the settlement must leave their homes and their community.

    The Kennedy 5 have to now move to rural homesteads and report to police stations in these rural areas every week. This is a de facto banning order. Nayager always promised in his racist echo of Verwoed to 'make the red shirts go back where they came from' and so he has now got his wish with regard to most of the Kennedy Road leadership. Obviously the political consequences of this de facto apartheid style banning order will be severe for Kennedy Road. They will also be severe for the families of the 5 accused. All 5 have no informal employment and make a precarious living from work done in the settlement, selling vegetables, working as a taxi rank conductor etc. So as well as being forced out of their communities and being forced out of political involvement they have also been forced out of their livelihoods. And they, and their families, and their community, and their movement suffer all of this on the basis of allegations that have not been tested in court, which will clearly not stand up in a trial and which are levelled by a police officer with a history of blatantly criminal behaviour towards shack dwellers in general and Abahlali in particular and who, without shame, has made the political nature of this case absolutely explicit.

    M'du Ngqulunga came up the stairs into the dock first with a clenched raised fist and wearing his red t-shirt. He was the largest man going in and doesn't look too bad now but the other 4 were shockingly wasted away. Three can no longer really stand. The 5 were welcomed as heroes. They were too weak for the rushing out of court on the shoulders of their comrades that we have become used too. This was a more gentle reception for more fragile bodies.

    The hunger strike is now over. The prisoners have been released and are now in hospital. The release and the end of the hunger strike is a victory which is and will continue to be celebrated as such. There may an arduous and expensive trial ahead but no court will be able to convict them of this charge when more than 50 people saw what actually happened so they will not return to prison. But the struggle against the ongoing attempt of a blatantly criminal local state to criminalise the legal and democratic expression of dissent seems to just be beginning.

    This is now a national story. There are good article's in this morning's Citizen and Mail & Guardian. And iGagasi FM have been covering the story on the hour since 6 a.m.

    To offer support to the families please visit the 'Support' page via the link on the top right hand corner on this website.

    Update:6:50 p.m. Bishop Reuben Phillip has just arrived to visit the Kennedy 5 in McCords Hospital.

    Featured post

    March on the Sydenham Police Station: Press Release & Memorandum

    outside the gate of Sydenham police station
    Click here for more photos from the illegally banned march and here to see a short film about this march: Nayager Falls, Abahlali Rises

    Update: Click here to see Abahlali and the Police – a list of incidences of police abuse up to 28 January 2008.

    Tuesday, April 10, 2007
    Abahlali baseMjondolo Press Release

    March on the Sydenham Police Station

    This evening, at 6:00 p.m. representatives from Abahlali baseMjondolo settlements and branches across Wards 23 and 25 will march on the Sydenham Police station from the Kennedy Road settlement. At the police station a candle lit vigil well be held. Senior church figures are expected to attend. A memorandum will be then be handed over to Senior Superintendent Glen Nayager.

    For a long time people have been talking about marching on the Sydenham Police station, and Nayager in particular, to protest against the day to day police abuses perpetrated against shack dwellers across the areas in Wards 23 and 25 such as Sydenham, Clare Estate and Reservoir Hills. There has also been growing concern at how the Sydenham Police, led by Nayager, have been attempting to misuse their position to police Abahlali baseMjondolo out of their area. Over the last two years this political hostility from Nayager has resulted in numerous wrongful arrests and numerous entirely unjustified assaults on people active in Abahlali baseMjondolo.

    But this long talked about march is happening tonight, immediately after the Easter weekend which is not the best time to mobilize, because of the current Kennedy Road crisis. Five Kennedy Road residents are now in the 9th day of a hunger strike in Westville Prison. Yesterday they were moved to the prison hospital. They are on hunger strike in protest at their wrongful arrest by the Sydenham Police. This follows an incident in Kennedy Road where a man from outside the settlement was apprehended after a particularly violent and near fatal mugging. After he was apprehended the Sydenham police were called and while they were on the way to fetch him some people in the community spontaneously assaulted the man. When the police arrived they also assaulted the man as they arrested him and put him into the van. He died sometime later in police custody. No one has denied that the man was assaulted in Kennedy Road but more than 50 witnesses saw who assaulted him and also saw him being assaulted by the police.

    The Police have not investigated their own possible culpability with regard to this death nor have they made any attempt to find out what really happened in Kennedy Road. There were lots of witnesses and so it would be very easy to find out what really happened. Instead they have simply misused this tragedy, in which one poor man almost killed another for his takkies and was then later assaulted himself, to settle their political scores against the Kennedy Road leadership. With a well known and dangerous criminal as their informer, a man who will do what ever they ask to avoid being charged for his many real crimes, they have arrested half the elected members of the Kennedy Road Development Committee and charged them with murder and they say that they will soon arrest the other members of the committee. But everyone knows that they have not arrested the right people. One of the people that they arrested has been too sick to leave his shack for months, another was away at a braai, others were part of the Safety & Security Sub-Committee that immediately called the police when the suspect was apprehended because they could see that the situation was tense. This is very similar to what happened to the Landless Peoples’ Movement in Johannesburg some time ago where key leaders were arrested on an invented murder charge after a man had died in one of the shack fires that plague our communities. This is an openly political attack on the Kennedy Road Development Committee. Nayager is openly boasting about this to all kinds of people. Because Nayager thinks he has the right to say what kind of t-shirts can be worn in his area, who can march and what they can say innocent people are now in prison and in the 9th day of a hunger strike. That is why we can’t wait any longer. That is why we are marching on Glen Nayager and the Sydenham Police station tonight at 6:00 p.m.

    For more information please contact:

    Mzwakhe Mdlalose 0721328458
    Anton Zamisa 0793801759
    Thelumusa Lembede 0766837751
    S’bu Zikode 0835470474

    Tuesday, April 10, 2007

    MEMORANDUM HANDED TO SENIOR SUPERINTENDENT GLEN NAYAGER OF THE SYDENHAM POLICE STATION

    Glen Nayager you have vandalized our humanity. We are here to reclaim our police station. Neither you nor your powerful friends own this police station. This police station belongs to the people who live in this area. We live in shacks and we are wearing red shirts and demanding the right to continue to live here in the city, to live in decent houses, to have access to electricity and water and toilets while we wait for these houses and for our children to be able to attend the schools here. But this does not mean that we are not people. None of this makes us criminals. We are part of the people to whom this police station belongs. You have broken the trust of a large part of the people for whom you are supposed to be working. You were supposed to be our servant, not our oppressor.

    Since you were entrusted with this police station the police in this area have treated all shack dwellers as criminals. And since we united as Abahlali baseMjondolo you have constantly harassed and attacked our movement. Your job is to protect all of the people in your area but you have decided to make the poor your enemy. You have made this police station famous across the whole city, and sometimes the whole country, and even in other countries, for its racism, its violence, its cruelty, its criminality and its brutal oppression of an organisation that has only asked for what is right.

    The main complaints that have emerged against you, and the way that this police station has been run since you arrived here (remembering that shack dwellers worked well with the Sydenham Police before you came here) in our initial discussion over the Easter weekend are the following:

    1. RACISM: You, and many of your officers, are guilty of extreme, systematic and casual racism towards African people. You insult us in the most ugly language, language that is supposed to be part of the past. You order us around and insult us and even our mothers and father in isiFanakalo like it is 15 June 1976 and you are a baas sitting at his braai and we are all your garden boys and kitchen girls. When your officers do this ‘stop and search’ it is only Africans who are stopped and searched. If there is a line of young men waiting for the taxi your officers leave the coloured men and the Indian men and search only the Africans. Everyone knows this. Sometimes even the young coloured and Indian men become embarrassed. We joke and say ‘The black man is always a suspect’ but it is not funny. We and our parents and our ancestors did not struggle for this. What goes for one must go for all. Stop and search everyone or stop and search no one. We have built a non-racial movement and we are proud of this. Many poor Indians have joined us and we have welcomed them as brothers and sisters and they have welcomed us into their communities in the same way. But, although there are some officers, Indian and African, at your police station who are embarrassed by the racism that you have bought here you have turned what should be the peoples’ police station into the headquarters for racism in Wards 23 & 25.

    2. CRIMINALISATION OF THE POOR: You, and many of your officers, speak and act as though all poor people and especially shack dwellers, are criminals. You openly call us all ‘rogues’ and we have seen how you show us and our communities on your website. You and your officers come to us as though we are all criminals and not as though we are citizens deserving protection.

    3. YOU MAKE POVERTY A CRIME: We have very few toilets in our settlements. This is not our fault. We have marched for toilets and had our marches illegally banned and been illegally beaten and arrested by you and your officers on those marches. But still we have the situation where a thousand people share one toilet. For this reason we often have to urinate in the bushes. Yet your officers are always arresting and beating us for urinating in public. On New Years’ Eve one boy who was visiting from the Transkei was even shot in the leg at the Foreman Road settlement for running away after he got a shock when your officers tried to arrest him for urinating in public. We agree that urinating in public is not good. In fact it is a big problem because it is often not safe for women to be alone in the bushes at night. But the cause of this problem is those people who refuse to give us toilets.

    4. NO RESPECT FOR OUR HOMES: You and your officers have no respect for the sanctity of our homes. You behave as though our shacks do not exist. You push your way inside anytime without knocking, you break the shacks and our things inside our shacks any time you feel like it, you search our homes without a warrant turning everything upside down and you even arrest people for drinking ‘in public’ while we are sitting in our shacks. There have been cases when your officers have pushed their way into our shack churches. We know that you do not want our shacks to exist but they do exist. They are our homes and they must be treated with the dignity of any other home. From now on we will lay a charge of trespass against any of your officers that enter our homes without permission and we will lay a charge of wilful damage to property against any of your officers that damages our homes or the things that we have inside them.

    5. YOU PROTECT AND WORK WITH CRIMINALS: We have always said that there are poor criminals and that there are also rich criminals. You work with both kinds against the innocent. But we are especially concerned that you protect well known violent criminals in our communities, people who prey on rich and poor alike, and then use them as your informers. These are the people who, in exchange for your protection from arrest and prosecution, are prepared to give false statements against innocent people who work for the good of the community. You want to keep criminals out of prison so that you can put innocent people inside.

    6. YOU WORK WITH PEOPLE THAT HAVE DECLARED THEMSELVES THE ENEMIES OF SHACK DWELLERS AND OF OUR MOVEMENT: There are people who want all shack dwellers to be forced out of all the areas in Wards 23 and 25. You and some of your officers openly support these people. The police who are supposed to be protecting us tell us to ‘go back where you came from’. Sometimes we are even told that we are ‘bringing AIDS to this community’. Some of these people who don’t want shack dwellers in the city are very angry that shack dwellers have united across these two wards, across Durban and across other towns and made ourselves strong. There are people like the Ward Councillors and the City Manager and others who slander our movement and say that if we speak for ourselves we are ‘criminals’ or that we are being ‘used’ by other people or that we are ‘political’ and that therefore we have no right to speak and must be illegally and violently repressed. You have publicly aligned yourself with these people when as a police officer you should be neutral and treat every one equally before the law. You openly tell us, often while you are beating us, that ‘there will be no more red shirts here’. After your officers had beaten Mnikelo Ndabankulu and stolen his red shirt in September last year you boasted that that shirt was now the mop in your station. You are not even the spokesperson for your station – that is the job of Captain Lazarus and yet you always personally go to the media to lie about us. It is clear that you hate us and that you hate our movement. But as a police officer you are a servant of the public and we are part of that public. You should keep your hatred private and not put it at the centre of your work.

    7. YOU IGNORE REAL CRIMES AGAINST SHACK DWELLERS BUT ACT AS THOUGH IT IS A CRIME FOR SHACK DWELLERS TO SPEAK FOR THEMSELVES: When a women in the shacks is beaten by her husband she will probably be ignored if she goes to your station for help. If she refuses to leave until she is helped and brings friends or comrades to stand with her in the station and demand help then you might send a van to the settlement but your officers won’t come into the settlement to arrest the abuser. They will just park outside and tell the victim to go and fetch the abuser which of course she cannot do. But if we have a small protest and are not hurting or threatening to hurt anyone 7 vans can be there in minutes and you’ll immediately start beating us and shooting at us with rubber bullets. Sometimes you’ll even shoot at us with your pistols. You ban our marches which is illegal. You attack us without warning when we are marching which is illegal. You beat us and even shoot at us when we are running away which is illegal. Your officers have even arrested people on charges of Attending an Illegal Gathering and Public Violence while they are sleeping in their beds or standing at the bus stop because you know that they plan to attend a march later. This too is illegal. You arrest us all the time, keep us in the cells and beat us, then make us go to court 5 or 6 times (while you and your offices fail to attend the case as it get delayed again and again) before the charges are eventually dropped when you never had any case against us in the first place. You misuse arrest as a form of punishment and intimidation. It is clear that you do not see shack dwellers as citizens of this country.

    8. YOU REFUSE TO ALLOW US TO OPEN CASES AGAINST YOU AND YOUR OFFICERS: Many, many times after we have been insulted, beaten, robbed and had our basic political rights stripped from us by you and your officers we have tried to open cases against the police. You just refuse to allow us to open the cases and hit us again. Your officers fear you too much to allow us to open cases against you. For instance after your officers shot Nondomiso Mke with live ammunition in September last year she was not allowed to open a case. Philani Zungu then went with her to insist that she be allowed to open the case even though he had been personally beaten unconscious by you on the same night as Nondomiso was shot by having his head bashed against the wall. Yet Nondomiso was still not allowed to open the case and now Philani is assaulted every time you find him on Burnwood Road. When S’bu Zikode went to open a case against you other officers feared you too much to open the case. The same happened to System Cele after officers acting on your command beat her so badly that her front teeth were broken. The law allows us to open cases against you but you do not allow us this right.

    9. YOU PERSONALLY THREATEN JOURNALISTS AND ACADEMICS AND STEAL PHOTOGRAPHIC EVIDENCE: You have personally threatened journalist and academics who have witnessed your illegal behaviour towards us including your racist insults and your assaults, and you have stolen their cameras. One journalist, Carvin Goldstone, lodged a formal complaint against you and one academic, Raj Patel, tried to make a complaint through the ICD. He failed because the ICD told him that he needed a case number first and no police officers were prepared to open a case against you. If you do not allow us to speak for ourselves and if journalists and academics cannot work freely in your area then how will the truth about your criminality ever be told?

    Therefore tonight we inform you and we inform the public that:

    • We are about to begin our civil court action against you for the wrongful arrest and brutal assault of S’bu Zikode and Philani Zungu and the shooting of Nondomiso Mke on 12 September 2006. We are suing you with the support of X-Y in Amsterdam and Amnesty International in London. Shanta Reddy will be acting for us.
    • From now on we intend to sue you and any of your officers every time you break the law by taking property from us and our friends (such as our red t-shirts, our loudhailers and the cameras of journalists) and every time you insult, arrest and assault us without good cause.
    • We are asking the Independent Complaints Directorate to undertake an immediate investigation of the whole station with a particular focus on your leadership looking at the endemic and very shocking levels of racism and corruption, systemic organised violence against the poor and blatantly illegal and routinely violent political intolerance. We are currently beginning to compile a dossier of complaints against yourself and this station to submit to the Directorate. We will host a meeting in every Abahlali settlement and branch across Wards 23 and 25 to collect a list of all the complaints and we will also invite people in Sydenham Heights and in the various ratepayers’ associations to add their own complaints to our dossier. Furthermore we will also invite the journalist and the academic who have already made formal complaints against you for, respectively, a threat of violence should they report your violence and confiscation of a camera with pictures of your violence to add their complaints to our dossier.
    • We are asking the Independent Complaints Directorate to recognise that the investigation into the death of Mzwakhe Sithole by the Sydenham Police has not been conducted with any integrity, that it has been misused to further your political agenda against the Kennedy Road Development Committee and Abahlali baseMjondolo, that you have failed to investigate the role of the Sydenham Police in this death and that, given the violent history of severe political intolerance at this police station under your command, this police station can not mount a credible investigation into this or any other matter involving us. We are asking the Independent Complaints Directorate for a credibly independent investigation from officers outside of your jurisdiction who will be able to look fairly and honestly at the role of both Kennedy Road residents and the Sydenham Police in this death.

    And tonight we demand that you:

    • Immediately release our innocent comrades who are now in their 9th day of a hunger strike in Westville Prison
    • Immediately abandon the investigation by the Sydenham Police into the death of Mzwakhe Stihole
    • Immediately agree to an independent investigation into the death Mzwakhe Sithole to be supervised by the Independent Complaints Directorate that will examine the role of people in the Kennedy Road settlement and in the Sydenham Police Station
    • Immediately step aside pending the outcome of a thorough investigation of the whole police station with a particular focus on your leadership to be undertaken by the Independent Complaints Directorate. Given your well known tendency to intimidate and harass even your own police officers as well as people in the communities outside the station it is clear that such an investigation has no chance of success while you are still working here. It will even be difficult to get people to be willing to put their names on our list of complaints against you and the station while you are working here. You are a criminal and you are a violent armed criminal hiding behind all the protection of your high office. The people that you are supposed to protect fear you. Therefore it is essential that you step aside while all this work is being done.

    And tonight we promise that:

    • Immediately after you have stepped down we will approach the Sydenham Police station with a view to setting up a standing committee made up of officers from the station and our communities. This committee will meet weekly and will be able to meet at other times in case of emergencies. Its purpose will be to ensure that shack dwellers and the police can work together to ensure that shack dwellers enjoy the protection of the police and that the police enjoy the active support of shack dwellers in their work to end crime in this area.

    Featured post

    Cleaning Where We Are Standing: A Struggle of Our Own

    no house no vote

    Click here for Photo Album

    We are a group of youth between the ages of 17 and 22 who come from two small townships in Pietermaritzburg, Thembalihle and Eastwood. Our aim is to make our communities a better place for our next generation by bringing youth together and looking at the problems where we live. We don’t want to be the problem, we want to be part of the solution, because as the youth, we are the future. At the moment, we are a group of seven, but we are still growing. For now, we are calling ourselves the Youth Development Team (YDT).

    A few weeks ago we attended the Reconnecting the World Social Forum meeting which was our first time to attend a workshop, and it was a great experience because it taught us things we did not even know as youth. It taught us that struggles do exist and was our first time to be called COMRADES. This workshop has showed us that you don’t need to be wealthy and famous to make a difference. But what you need is hard work and dedication. At the same time you need faith and hope. You also need to be strong as a unity. Umuntu umuntu ngabantu—which means ‘a person is a person because of others.’ Let’s start cleaning where we are standing. The whole world will be clean.

    The housing issue was also brought up many times in the workshop which is also a problem in our community, especially in Thembalihle. People are not living in proper houses. People have their own land, toilets, water and electricity, but the government has not built the people RDP houses. People are still living in shacks made out of mud, which can be easily destroyed by rain. The people from Abahlali really inspired and motivated us on the way that they talk in which, they have a passion for what they are doing and they are willing to fight for what they believe in. Also, the Willow Gardens story was sad when we heard that a man committed suicide, because he could not pay his rent. Government should be building houses for people, which is a basic need for a human to have shelter.

    The next day after the workshop we visited a friend who lives in Thembalihle. That evening there was a strong rains which destroyed many houses in the community. There were strong winds that were blowing the roofs off of people’s houses. Houses were turned into dams. While sitting in his house, the water came flooding in. We were thinking that the wall was going to fall on us. These are not real houses for a human being. They are dangerous.

    The next day we decided to take photos of the damage that was caused by the rains. We did this because it is easy to criticize someone without proof. We wanted the evidence of the conditions of the houses. At the end, we decided we’re tired of being customers of the politicians. We want to be treated as equal citizens of uMzansi [South Africa]. In that way we mean “No house no vote”—which you can see in the little poster we made for our last photo. We want the rights of people to be answered. So after that we decide to interview some of the local people of Thembalihle to get the information of why the houses haven’t been built. Also, they are older than us, they know better than us the history of why there are no houses.

    We did all this and wrote this article to let our situation be heard out there and also to let it be known that we want to change the way things are for the better. We want to fight for the rights of the people. We met great people at this workshop, people who showed us the way forward, that we are also in a struggle of our own, and we should fight!
    – The Youth Development Team (YDT) — “Learn, Build, and Grow with YDT”

    Featured post

    The Kennedy 5 Are Now On Hunger Strike in Westville Prison

    Wednesday, April 03, 2007
    Press Release from the Remaining Members of the Kennedy Road Development Committee (K.R.D.C.)

    The Kennedy 5 Are Now On Hunger Strike in Westville Prison

    Last Night Our Mass Meeting Decided to March on the Sydenham Police Station on Tuesday and to Light Candles There in Support Our Comrades

    At 3:00 in the morning on Human Rights day, 21 March, 9 residents of our shack settlement, Kennedy Road, in Durban, South Africa were arrested by Police from the nearby Sydenham Police station. Five of the arrested were released after a two day women’s protest at the Sydenham police station. Halala izimbokodo! Celebrate the strength of women! But then they arrested one more person and so five people are still detained. Their names are:

    1. Cosmos Nkwanyana
    2. S’thembiso Bhengu
    3. S’bongiseni Gwala
    4. Thina Khanyile
    5. M’du Ngqulunga

    nayager stop racism

    They are in Westville prison and will appear in court on 13 April to ask for bail. This means that they will have already been in jail for one month before they even get a chance to ask for bail. And the magistrate may deny bail. The Kennedy 5 have now decided to go on a hunger strike. They stopped eating on Sunday. They do not undertake this action lightly. They have written a list of demands which we expect to get today.

    The background to this sad story is that on 15 February 2007 a Kennedy Road resident, Thina Khanyile, was attacked near the bus stop on Umgeni Road while training for the Comrades Marathon. He was stabbed 18 times and robbed of his shoes and his watch. He would have died if a truck driver from Kennedy Road hadn’t seen him there and quickly bought him up to the settlement where we could call an ambulance.

    On 18 February a well known and dangerous criminal living in the settlement told people in the community that Khanyile’s attacker was in the Kennedy Road settlement. Those people restrained the suspect without causing any hurt to him and sent for Khanyile. Khanyile recognized him as the man who had almost killed him. At that point some people in the community began to assault the man who we now know was Mzwake Sithole from Ntuzuma. Members of the Safety & Security sub-committee in the Kennedy Road Development Committee immediately called the police. They called the police because even though there are such bad problems with most of the police here we still have to go to the few good police officers for serious cases like attempted murder and murder. When the police arrived the man looked to be fine. The crowd of more than 50 people all saw the police assaulting the man with kicks and punches as he walked to the van and climbed inside.

    Khanyile then went twice to the Sydenham Police station to open up a case against his attacker. We heard nothing more until the Human Rights Day arrests. When the arrests were made we were told that Sithole had died in police custody a week after his arrest. But what has shocked us is that the police just arrested Khanyile, the victim of Sithole’s attack, and the K.R.D.C. Most of the people who they arrested were not even there on that day! And it was the Safety & Security Committee of the K.R.D.C. that immediately phoned the police to come and fetch Sithole’s attacker! There was a big group of people who were there and who saw what did happen. It is not difficult to speak to them and to get the truth. Anyone who wants to find out the truth of what happened that day can find it very easily. If there is a trial then the truth will come out very easily and very clearly in the court. It is clear that Glen Nayager, head of the Sydenham Police, has seen his opportunity to break the famous spirit of Kennedy Road by misusing this incident to destroy the K.R.D.C. Nayager does not try to hide the fact that he hates the K.R.D.C., that he hates Abahlali baseMjondolo, the big movement of shack dwellers that Kennedy Road is part of, and that he wants all shack dwellers to be forcibly removed out of his area. He is always telling us that we ‘must go back where we came from’ and that ‘there will be no red shirts here’. We have heard that this is very similar to what happened to the Landless People’s Movement in Johannesburg where activists were arrested on fake murder charges in an attempt to break the spirit of the movement after a man died in a shack fire. No one has any doubt that the K.R.D.C. is under political attack by Nayager. He does not only tell us that he wants to attack the K.R.D.C. and Abahlali baseMjondolo. Journalists are telling us that he is saying this openly to them too.

    We have discussed this matter very carefully and we all agree that if Sithole is now dead then his death must be carefully investigated. We have made a whole politics on the ground that everybody matters. Therefore every death must be taken seriously just as every life must be taken seriously. But the Sydenham Police cannot be trusted to make this investigation. It is true that some people in Kennedy Road did assault Sithole after he was identified as Khanyile’s attacker. But it is also true that more than 50 people also saw the police assaulting Sithole when they came to fetch him from Kennedy Road. And we don’t know what happened in the van and in the cells after that. But we do know that ever since Nayager came to the Sydenham Police station in 2004 people are arrested on fake charges all the time and people are beaten all the time – especially in the cells. Nayager is following in the steps of his cruel father who tortured the black consciousness activists in the 70s. Around 200 of us have been arrested in the last two years and every time the charges are dropped because they were nonsense but that still gives the police a chance to beat us while and after arresting us. Therefore the arrests on fake charges become a punishment without any hearing in front of a judge! This makes Nayager, a criminal, the man who judges us and then gives us the sentence. That station has become a place of suffering for the innocent. Many of us, and many people from other Abahlali settlements, have been beaten very badly there after being arrested for marching for land and housing in the city. Afterwards Nayager always lies to the media about what happened but many, many people, including lots of journalists, have seen for themselves how he behaves. Journalists have seen Nayager’s police shooting at us with pistols as we are running away. There is even a film of the police attacking us. It is on our website. Right now Abahlali is organising to sue Nayagar and the Sydenham Police with the support of X-Y and Amnesty International for a very bad beating of two Abahlali members in the cells and the shooting of one more last year. Therefore the K.R.D.C. is calling for an independent investigation into Sithole’s death. That investigation must be carried out by a neutral team that can closely examine the role of the Sydenham Police and the role of the community speaking to everyone and looking fairly and honestly at all the facts.

    Ever since Nayager came to the Sydenham Police station all shack dwellers in Sydenham, Clare Estate and Reservoir Hills have been treated as if we are criminals and as if we are not human beings. This man has vandalized our humanity. And when Abahlali baseMjondolo was started two years he began to hate us even more. He is always telling us that he will drive the red shirts out of his area. Sometimes you can be arrested and beaten just for wearing a red shirt even if you are just waiting at the bus stop. One person was even arrested on a charge of attending an illegal gathering while asleep in his bed! It seems that even planning to attend a march is a crime for Nayager. It is not the job of the police to decide which organisations can work in an area and which can not. Their work is to protect the people from criminals not to silence the voice of the poor. They should be working for all the people, including the poor, as the servants of the people. They are never there when our women face abuse but if you put on a red shirt 8 vans can be there in 5 minutes!

    We are also calling for a second investigation. We believe very strongly that the many abuses that the Sydenham Police have perpetrated on the shack dwellers of the area since Nayager’s arrival must be investigated very closely. The problems of racism, violence, corruption, criminality and political oppression at the police station need to be investigated very seriously. This police station is like a sore in the community – a sore that gets worse as it rots more each day. We know that it doesn’t have to be this way because there was a good relationship between shackdwellers and the police when Supt. Maritz was the head. In those days we worked together, once even working with the Air Wing to catch some armed robbers who were also abusing women while hiding in one the settlements. In those days shackdwellers could go to the police and have their problems taken seriously although there was a problem of police not understanding isiZulu. But for that reason one of our members became a reservist. We would like to work closely with the police again and in fact a few weeks ago we met with some police officers who also want this. But in our discussions with those good officers we quickly ran into one big problem – Nayagar. Shackdwellers and the police can’t work together in Sydenham and Clare Estate and Reservoir Hills while Nayager is there. His hatred for us all and his political mission to try and crush the voice of the strong poor makes a good relationship impossible.

    It is important to say something about the Safety & Security Sub-Committee of the K.R.D.C. because the police are talking as though that committee are criminals. We have this committee to resolve tensions in the community and to sort out problems that are too small for the police or that police won’t bother themselves with. The members of this committee are elected every year and are not paid for this work. People do it only for the love of the community and for the honour. When there is a problem between two people this committee tries where ever possible to get people to agree to a solution that both can accept. When this is not possible the committee can ask a person who has done something wrong to pay a fine to the person that they have harmed or, if what they did was very bad, to leave the settlement. The committee does not use violence. The community wants this committee and votes every year for people to be on it. It is especially wanted by women because as everyone knows the women who are living alone in shacks are very vulnerable to criminals. A shack is not strong like a big house. Anyone can push inside any time. The committee is the only place that they can turn to.

    We also want to make it very clear that we are aware that Nayager is using the worst criminal in the area as his main informer. This man, the same man who told people that Sithole was Khanyile’s attacker, is pointing out the committee to Nayager in exchange for not being arrested for his crimes – crimes against the rich and against the poor. This man robs rich people in their houses and he robs poor people at the bus stop. Therefore Nayager is protecting dangerous criminals to attack democrats who are only struggling to build a country that makes space for everyone who lives here! We also know who the other informer is. This man has resentment because he was voted out of the K.R.D.C. in 2003 after one year of serving as deputy Chair. His son-in-law recently accused his neighbour, Ma Gwala, of witchcraft. He was jealous of all the respect that she was getting in the community for caring for the orphans and working at the crèche. Ma Gwala went to the Safety & Security to complain. There was a hearing on 18 February, the same day as the day when Khanyile’s attacker was identified. At that hearing S’thembiso Bhengu and Cosmos Nkwanyane decided that this man’s son-in-law must pay R1000.00 to Ma Gwala to wash her name. That is the reason why Ma Gwala, her husband and her brother as well as Bhengu and Nkwanyane were pointed out. Nayager is misusing the death of Sithole to attack the K.R.D.C. His informers are misusing Nayager’s hatred to point out their own enemies. This is not justice. This is an unjust alliance between political oppression from the police and a criminal and a jealous man in the community. M’du Ngqulunga also wasn’t present when Sithole was attacked. But he has been pointed because the day after the first 9 were arrested he mentioned the role of Nayager’s criminal informer at a mass meeting. That’s when the informer gave his name.

    We want thank all the organisations and individuals who have sent messages of support like the Anti-Eviction Campaign, the Socialist Students’ Movement and others. We can’t always reply because we don’t always have airtime and we don’t have email but we thank you. Every message is shared with the community. Many people have asked who they can write to in order to express their concern. We have discussed this and decided on a man at the Independent Complaints Directorate (ICD). Our experience with the ICD has not been good. They did not help when Nayager’s police broke System Cele’s front teeth by beating her so hard on the back of her head that her face smashed into the road or when Nayager stole Raj Patel’s camera with pictures of the attack on System Cele or when Nayager threatened other journalists with violence. They did not help when the police shot Monica Ngcobo in the back in Umlazi. They did not help after S’bu Zikode and Philani Zungu were beaten by Nayager in the cells in his police station for the crime of trying to attend a radio interview and another lady was shot for protesting against the beating of Zikode and Zungu. But a good friend of Abahlali has told us that there is a good man in the Internal Complaints Directorate. We will be meeting with this man soon and our friends are welcome to ask him to consider our requests which are:

    1. A neutral and fair and serious investigation of Sithole’s death that includes the Sydenham police and the Kennedy Road community without bias.
    2. An investigation of the Sydenham Police station from the arrival of Nayager to now including police brutality, corruption, theft, racism and political oppression including political violence.

    The name of the man at the ICD is Mr. Mthokozisi Ngcobo and his email address is JNgcobo@ICD.gov.za

    We are especially asking our friends who have witnessed Nayager’s behaviour and other criminal actions of the Sydenham police to send their stories and photographs and films to Mr. Ngcobo. We know that there are people all over the world who know the truth about how Nayager behaves. One American boy has a photograph of a police officer from Sydenham firing his pistol into the backs of fleeing demonstrators in Foreman Road.

    Our friends have also been asking about financial support in the time of this crisis. We have talked about this and are we are asking people who can to give financial support to the families of the 5 men on hunger strike in Westville Prison. If the Kennedy 5 are awarded bail on 13 April we will also need bail money for them. And we will need money for a lawyer for the trial. We need about R5 000 a month for the five families. We have a lawyer with a good heart who is standing with us now for the love of God not money. But he is only available till the end of the month and then we might need to pay a lawyer. We’ll need about R20 000 for the trial. If the Kennedy 5 get bail that will be set by the magistrate but because none of the 5 are employed and none of their family members are employed we hope that it will be kept low.

    Our account details are:

    Kennedy Road Development Committee
    Bank: First National Bank
    Acc no: 62089969293
    Branch: Umgeni Junction

    For people in America money can be donated by going to ‘support’ on our website which is at www.abahlali.org

    People who can give money should state what they want the money to be for: ‘Family support’, ‘bail’ or ‘lawyer’.

    Our mass meeting last night decided to march on the Sydenham Police station this Tuesday. We will surround the police station and light candles and sing. We are informing the authorities of this march today so they can’t claim that this will be an illegal march and beat us again. If they try to illegally ban this march we will take them straight back the high court like we did in February last year.

    For further information please contact:

    Mr. Lembede 0766837751
    Mr. Mdlalose 0721328458

    Qina bahlali!
    Umhlaba! Izindlu!
    Phansi maphoyisa shaya abantu!
    Wathint’ abahlali, wathint’ imbokodo!

    Featured post

    Letters from Kennedy Road

    March 24, 2007
    To the Editor, The Daily Sun

    Dear Editor

    On Wednesday 21 March, Human Rights Day, the police came to attack the people of the Kennedy Road settlement. It was about three in the morning. They kicked down people’s doors without knocking and asked for everybody’s names in each house. If your name was one they were looking for they just put you in their van.

    The police don’t treat us right here at Kennedy. Everybody knows how they attack us when we try and march and how to punish us for marching they always arrest us, make us stay in the cells and come to court 4 or 5 times before dropping the charges. But they do other things too. They come to raid at night saying they are looking for dagga and stolen goods. When they raid they hit us, they insult us, they mess our houses up, they make the men do press ups and they steal our money and cell phones. They tell us that if we don’t give them our money they will arrest us. Because the police treat us like we are all criminals and because most of the police are themselves criminals we have our own Safety & Security Forum. This team is chosen to deal with crime in the community.

    Here in Kennedy we have a runner who is running everyday. His name is Khanyile. One day some few weeks ago while he was running a criminal unknown to Khanyile attacked him. The criminal took his R800 takkies and an expensive watch that Khanyile had won in the Comrades Marathon. He wasn’t satisfied with taking the takkies and the watch though – he also stabbed 18 holes into the poor man.

    Khanyile reported the matter to the Safety and Security and Forum. They advised the poor man to report the matter to the police and they asked the community to report to them if anyone knew or heard anything. Khanyile opened the case with the police.

    Here at Kennedy we have a well known criminal. I can’t mention his name because he is a dangerous man but everyone knows who he is. During the investigation by Safety and Security it come out that the criminal who stabbed Khanyile was a man from Ntuzuma who was a friend of the criminal in Kennedy Road. The Safety and Security team went to ask the Kennedy Road criminal if this was true. He admitted it and promised to bring him to the team.

    Later he bought that man to the community. Khanyile identified the man as the criminal was stabbed him 18 holes. The criminal admitted that he had done it and was very arrogant. Some people in the community became angry and began to hit the criminal. Safety and Security called the police to come and fetch the criminal. The police did come and fetch him and they were hitting him and kicking him as he got into the van. That was all in February.

    Now the police came back on Human Rights day claiming that the Safety & Security killed the man. First they arrested 10 people then they released 1. The community quickly gathered to march and show their anger. Again the police came to arrest more people shooting and spraying tear-gas on them. Just imagine that on Human Rights Day here at Kennedy people were abused and brutalized by the police. The same thing happened on Human Rights Day two years ago. Is this a day that we must fear? If rights are for all humans then it is clear that for some people we are not humans.

    Today it is Saturday. Yesterday the people taken by the police appeared in court for a crime they didn’t commit. The reason I’m saying this is because if the man died in the van or on the following day then why didn’t the police come back then? If they were busy that day why didn’t they come back on the following day? It is because they needed all this time to think of the lies that they were going to lay against the Kennedy people. So the case is coming back to court this coming Friday. The police said that they still need time to prove these people guilty. When are the police going to stop fighting with us for nothing? The worst then is that the man who stabbed 18 times reported the case and they did nothing. They didn’t investigate the case. Now that man is one of the arrested! They still want to arrest more people. They must tell the truth of what they did to the dead man in their van and in their cells. They broke my teeth when I was on a march which is my human right. That march was just starting. We hadn’t hurt anybody but they broke my teeth. Now they are trying to hide behind the people of Kennedy so that they don’t get caught for what they did to this criminal.

    System Cele, Kennedy Road, 0721067291

    *************

    Kwi-Solezwe
    MHLELI

    NGELEDLULE KUBOSHWE OWESIFAZANE NOWAKWAKHE
    IZINGANE ZASALA DEGWANE
    Ngomsombuluko ekuseni amaphoyisa ashaqe labantu kanye namalunga amanye omphakathi ngelokubulala isigebengu emphakathini .Isigebengu esagwaza ilunga lomphakathi amanxeba awu-18 wonke umzimba .0kushaqisa umzimba okwabantwana abane ona-6-4abafanyana kanye namantombazanyana ano2-1 iminyaka yabo.Uma kuzwala isigebengu sathelekelwa umphakathi ngenkathi sibonakala.

    Okuyindida ngalendaba isigebengu sathathwa amaphoyisa sisaphila okuwukuthi safela epolice station okuwukuthi akaziwa ngampela umbulali .omakhelwane abaze basiza ngokulekelela ekubhekeni abantwana bekhala befuna unina noyise befakwe ozankosi eyedwa ofuna ukudla omunye ibele sekucwaza nje egcekeni .kodwa umphathi steshi ubuye wazishaya esebona labantwana wadedelwa umama obikele isolezwe ngumakhelwane oyise abantwana epolice station.

    Ngiyabonga

    Lungile Mgube, eKennedy, 0730149554

    **************

    March 24, To The Mercury

    Dear Editor

    Again the police arrested innocent people at the Kennedy Road settlement.

    They took 10 members from the community. This was worst for Delisile who was taken with her husband. Her husband is sick and she care for 5 children one of which is cery sick. The children were just when the police took Delisile. But they neighbours looked after them. When the other crèche teachers went to the Sydenham Police Station with the children to ask who must look after they children now they were not recognized the police chased them away. There are two babies one aged 2years and the other one is16 months. But the teachers from the crèche just went back again the next day. They stayed there with the children crying until the police let Delisile go on.

    The human rights day was a sad day to the Kennedy SHACKDWELLERS.

    The other members are still inside. We are trying to get the bail for those members who are inside for no reason.
    Last year they arrested the president and his vice because they are trying by all means to undermine the ABAHLALI BASEMJONDOLO movement. That’s why we celebrated UNFREEDOM DAY on APRIL 27 last year instead of FREEDOM DAY, because there is no freedom for the poor.

    We are deciding to celebrate another UNFREEDOM DAY this year. They want us to be stay quiet while they chase us out of the city and out of the schools and away from everything a person needs. We will continue to speak loudly because what they are doing is wrong. We are all human beings.

    Zandile Nsibande, Kennedy Road, 0826584080

    ************

    To Daily News on 24 March

    Dear Editor

    I write this letter because I want to tell you about our struggle. Our struggle is a good struggle.

    In Kennedy road it is crisis because the police arrested our comrades. They took them early in the morning at about 4: 30am to the Sydenham police station. They hit them. Others were taken while their kids were left at their homes with no food.

    We try to march they shoot us and we ran back to the hall to come up with a solution that is going to help us to take our people out of the prison.

    So I’ll appreciate it if you will put my story in the front page because it will show that the police don’t do their work properly and I want you to make sure that the whole world has that story.

    I want them to get punishment for what they have done to us.

    Yours truly,
    Constance Smith, Kennedy Road, 0760884294

    ******************

    24 MARCH 2007, SUNDAY TIMES

    Dear Editor

    This letter is about the crisis that happen at the Kennedy Road Settlement where the Police arrested nine innocent members of Abahlali baseMjondolo because they caught a guy who robbed & stabbed one of ABM members who live in Kennedy Road . The victim was running at the time to train for the Comrades Marathon.

    The name of the victim is Thina Khanyile. According to him this guy came to him with a knife and stabbed him to take his running shoes and watch. Luckily his God saved him.
    He managed to get back to the community and to get help although he was very seriously injured. They call an ambulance and it takes him to the Hospital.

    On Wednesday morning 3’oclock the Police from Sydenham Police Station arrested innocent people including the victim of the stabbing Thina Khanyile! They also arrested Delisile, S’thembiso, Cibane and others. Four of those people were looking after kids that were just left with no one looking after them. In Delisile’s family one of the children was sick at from and another one has been admitted in hospital. That was very sad.

    As I said those people are innocent. They never kill the criminal. The police from the police station killed him because when they took him from the shacks he was still alive and they told the people they had done a good job to catch the criminal. Then after two weeks they came and arrested the community members. But the police are covering themselves. We gave the criminal to them even though they have told us that the people we must keep the criminals because they got food to feed them or place to keep them. But that is not good for the community who stay in shacks because we live with all different communities here. We must have peace here. We can’t have criminals here. But they police they call all of us criminals because of some few people who behave like animals.

    The police also said that we not going to get houses because we as criminals. They don’t want us to speak about our lives and to march. They want to make wearing a red shirt a crime. But I would like to state very clearly that our Police station was good with the previous Station commander. Then the community was working with the police. He treated us like citizens of this country and understood that we don’t want the criminals. He didn’t see us as all the same. There was a respect. But Nayager, he treats us like we are all criminals. But everyone knows that Nayager is a criminal. Now what are we supposed to do?

    Sindy Mkhize, Kennedy Road, 0737309648

    ******************

    24 March, To The Sowetan

    Dear Editor

    I live in Foreman Road. 0n the 21st of March I saw the people of Kennedy Road fighting with the police of Sydenham. I didn’t know why the police of Sydenham were fighting with the people again. They always fail to arrest the thieves that rob us but I saw them shooting with their guns straight to the people. I don’t know what they use is of the police in Sydenham of they always fail to protect the people from criminals but are always fighting with innocent people. What are they there for? If we had no police then we would just have to worry about criminals and nor the criminals and the police. The criminals they can only hurt us in the dark. The police they can just shoot us straight with the gun in the day in front of everyone.
    So I need to know where we must go to report the bad things that happen to the community. Where must we go? Must we be more scared of the thieves or the police? The police have arrested four innocent people of Kennedy Road and last year the same people were arresting and beating one resident of Kennedy and one resident of Pemary Ridge, the President and the Vice-President of Abahlali. They arrested these good people and these innocent people without a reason. Where do we report this crime?

    Mzwethemba Hontsa, Foreman Road, 0782705847

    ****************

    To iLanga

    Sawubona mhleli

    Ngevik elidlule sibeneshwa lokuboshwa kwabafowethu
    Intathakusa ngezithubazabo 330 ekuseni
    Lapho kwathathwa imindeni ayisishiyagalolunye
    Beboshwa bengazi lutho futhibengazelele lutho
    Okulikhuni yizonazelelesi lamaphoyisa
    Asebenzisananezigebengu kuhlukunyezwumpakathi
    Angazi ngingenzakanjanilekam ivalwe
    Ngoba masithisiyakhala sihlukunyezwekakhulu
    Sesicela Unqonqhoshe akuphakamelelokhu
    Umphakathi sewenelemanje

    Yimi ozithobayo
    T.N. Lembede, Kennedy Road, 0766837751

    *******************

    To the Mercury

    Dear Editor

    On 21 March 2007 at about 3h00 in the morning the police from the Sydenham police station came into the Kennedy Road settlement and started kicking in the doors of the Kennedy leadership. On that morning nine comrades were arrested. They were not told why they were arrested and when they asked they were just handcuffed and told that the reason for their arrest would be explained at the police station. In some of the houses where they could not find the husband they started arresting all the women in the house. The brutal behaviour by the Sydenham police is becoming more serious all the time. At this station every shack dweller is taken as a criminal because we are taken as too poor to be loyal citizens. The fact that the police break our doors in the middle of the night and take us from our families with out even explaining why they are doing this is a clear indication that these police officers have the apartheid style. Their behaviour was inhuman.

    As we all know this day on which this terrible incident took place was Human Rights day. It was supposed to be a holiday but we have been saying for a long time that there is no holiday in the jondolos. But it is not just poverty and the worry of poverty that keeps us from being able to relax. We also have to fear that the Sydenham police can break into our houses any time.

    Later we were told that the people arrested on Human Rights day have been arrested for the murder of the guy from Ntuzuma who stabbed and robbed a Kennedy Road resident in February 2007. This man died in police custody more than a week after he was apprehended by people in Kennedy Road and handed over to the Sydenham police.

    We are all human beings and all of our lives matter. This is one of the foundations of our politics. Because everybody is important all crimes must be investigated. It is especially important that all deaths, including the deaths of the poor, must be investigated carefully and fairly. But what is frightening about these arrests are that they are clearly targeting members of the Kenendy Road Development Committee. The police are making no attempt to find out what really happened to the man from Ntuzuma. They are just using his death as an excuse to arrest the KRDC. This does not surprise us. We know that since we started mobilising for land and housing in the city Supt. Glen Nayager has begun to hate us and to do everything he can to undermine us. He is a police officer – he should be there to protect the people and not be worrying himself about decisions about land and housing. Yet our struggle for land and housing has threatened him and he is trying to squeeze himself into this matter between us and the government and the landowners. But the KRDC has faced all the oppression that has come to us so far in this struggle and we have always come out stronger and more matured in our struggle. We will continue to make ourselves stronger to face what ever challenges and forces intend to destabalize the greater unity of shack dwellers – a unity that is making us a stronger and stronger force in the city and the country. Even now while we are under this pressure our movement continues to grow. Our movement doesn’t grow because we have money. We only have each other and the thinking that we do together. Our movement grows because we are telling the truth about the place of the poor in this country and because we have created a home for the poor to be together while we struggle for what is right.

    Our movement, Abahlali baseMjondolo, condemns all inhumanity. Our movement, like other movements that create a living politics, exists to work to humanise the world. Therefore it strongly condemns the killing of people. Therefore we call for an investigation into this death. But this investigation must be independent. The role of people in the community and the Sydenham police must be investigated and justice must be done openly and fairly. But we are very clear that the Sydenham police cannot investigate themselves. When we are under pressure from criminals they fail to respond to our calls for help. But when we are trying to use our human rights by marching and speaking they arrest us and beat us. These actions of theirs are illegal and therefore criminal. To put it plainly the Sydenham police do not protect us from criminals but instead come to us as criminals. Some criminals hide in the dark with a knife. Some come with sirens, guns and lights but they are both a danger to the innocent. We therefore insist on TWO independent investigations. The FIRST in an investigation of this death. The SECOND is an investigation of the Sydenham police and in particular the attitude and actions of Nayager. He clearly thinks that he is above the law and that shack dwellers’ are below the law. Actually we are all citizens of one country and are all equal in the law. This is how the law is written. We are struggling to make life as it is lived fit with the law as it is written so that everyone, especially the weakest, has the protection of the law. We know that this will not solve all our problems but at least it will free us to be able to struggle without having to always fear arrest and assault.

    S’bu Zikode, Kennedy Road, 0835470474

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    Kennedy Road Tension Rises & ‘They Killed My Daughter’

    Sunday Tribune, 25 March 2007
    Page 5

    Kennedy Road Tension Rises

    Chris Makhaye

    The arrest of four Kennedy Road, Durban men has reignited tensions between the Sydenham police and the Kennedy Road community. The four stand accused of killing a suspected mugger last month, but community members claim the main was handed over to the police alive and well.

    S’thembiso Bhengu, 32, S’bongiseni Gwala, 34, Cosmos Nkwanyane, 31, and Thina Khanyile, 27, appeared before magistrate Bilkish Asmal in the Durban Magistrate’s Court and were not asked to plead. The case was postponed to Friday and the accused remanded.

    The men are accused of being part of a large crowd that assaulted Mzwakhe Sithole, 26, last month before handing him to police. The prosecution claims that Sithole was suspected of mugging and stabbing Khanyile while he was jogging near the Umgeni Road bridge. The handed him over to the police but her later died in custody.

    The Durban Magistrate’s court was packed with a large group of women wearing red T-shirts in a show of support for the accused. One of them was 74 year old Maria Gwala, mother of one of the accused, who openly wept when she heard that her son, Sibongiseni, had been remanded.

    Abahlali baseMjondolo, an organization fighting for better housing for squatter dwellers, says the arrest was an attempt by the police to destabalise the squatter community. Chairman of Abahlali, S’bu Zikode, said Sithole was alive when he was handed over to the police by members of the community. “There are many irregularities at the local police station and we believe that the latest attack is aimed at crushing us and making us look like criminals, which we are not. We are only fighting for basic rights like better housing and land. We believe that the Sydenham police station should be investigated by an independent body about a host of allegations. Police cannot be expected to do a proper investigation about their own activities,” said Zikode.

    Sydenham police station commissioner Supt Glen Nayager said police were on the verge of arresting more people in connection with Sithole’s murder. “We are showing that we are against people taking the law into their own hands” said Nayager. He said if people were scared to come to him or to the police station to report irregularities, they could contact the Independent Complaints Directorate.

    Sunday Tribune, 25 March 2007
    Page 12

    ‘They Killed My Daughter and Haven’t Said Sorry’

    Chris Makhaye

    It’s now more than a year since 22-year-old Monica Ngcobo died from a bullet allegedly fired by police in Umlazi’s E-Section, and her family are angry that they still haven’t seen justice done. They have heard nothing from the police’s watchdog, Independent Complaint’s Directorate, which is also investigating.

    Ngcobo was killed on the day after the March 1 local government election, when police confronted a crowd protesting against the re-election of Bhekisisa Xulu as the ward councilor. Her family says she was shot at the bus stop, waiting for a ride to work for an afternoon shift at a Durban restaurant.

    Her mother, Busi Ngcobo, said, “Police have not told us anything about how Monica died. At least if we knew we would have closure. It will not change anything. It will not bring her back, but it will help us. I wake up in the middle of the night dreaming about her. After that I get headaches and I am always stressed,” said the diabetic mother of four. She said Ngcobo who worked as a waitress at a popular Durban restaurant was the sole breadwinner in the house.

    “The policeman who fired the bullet is able to feed his family while I have nothing to fall back on. The electricity and water bills are pilling up and there is no food in the cupboard,” said Busi Ngcobo who is relying on the generosity of families to feed her family. She said no one had come forward to accept responsibility. “They first told us police used rubber bullets, but later it was found that a live bullet was used to shoot my daughter, who was not even in the crowd protesting. No one has come forward to say sorry. Not even the police, nor the government. Mr. (Bheki) Cele (MEC for Saftey and Security) knows that my child was killed by the cops, but her remains silent. Where is the accountability here?”

    Monica’s sister, Mabuyi Ngcobo, said her mother had been traumatised. She said her sister was a friendly person. “I miss her a lot. I could talk about anything and everything with her.” Monica played soccer and enjoyed other sports such as bodybuilding. ICD spokeswomen Dikeledi Phiri said investigations into the death of Ngcobo were at an advanced stage. “We are awaiting some crucial information, after which we will forward the docket to the Director for Public Prosecution for a decision on whether to prosecute”. Phiri denied that the delay was because the police were trying to protect the person who fired the fatal shot. “The delay was the result of outstanding information which was caused by the talking over of the mortuaries by the Department of Health. We are doing our best to finalise the case.” Phiri said Ngcobo’s had been kept informed. But the mother of the dead woman denies this.

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    Black Looks Blog: Abahlali baseMjondolo

    >
    http://www.blacklooks.org/2007/03/abahlali_basemjondolo-2.html#more-1416
    Picture of System Cele

    Listen to an interview with System Cele here.

    Abahlali baseMjondolo
    on March 23, 2007
    Category: South Africa, Social Movements

    Whilst in Durban I met with the newly formed Women’s League of the Abahlali baseMjondolo (Shack Dwellers’) Movement which, although it has members across the province of KwaZulu-Natal, has its strongest base firmly concentrated in Durban.

    Members of the newly formed Women’s League of the The Abahlali baseMjondolo (Shack Dwellers) Movement based in Durban spoke about their lives and their struggle against eviction, corruption and the right to housing, water and other basic amenities. I found a group of strong women who despite living with domestic violence, unemployment, rape and HIV were determined to stand their ground and in the daily fight against Durban municipalities, councillors and local businessmen for the right to live with dignity. Their biggest problem was unemployment and all desperately wanted to find ways to create their own incomes as paid labour was even more difficult to get than self-employment. Many of the women collected materials for recycling but they wanted to set up their own recycling business such as making glasses out of bottles and consumer products from tins and cans but to do this they need money to buy the special equipment and of course training. They had access to small pieces of land that they could use for vegetable gardens but even though they had been allocated some equipment by the local government they had not received it and did not expect to receive it so the only alternative was to use their hands to work the garden. Some of the women had set up a feeding scheme for the very poor members of their community which worked by those who could afford to give something contributing pap and other food stuffs when they could and sharing the preparation and cooking.

    Motala Heights.

    The Shack dwellers in Motala Heights settlement (in the nearby industrial town of Pine Town) are 100% Abahlali and were very organised. There is also a very poor Indian community adjacent to the settlement and this group are themselves becoming organised and are working with Abahlali in Motala Heights in one big Abahlali branch the includes the shack settlement and the tiny houses. The situation here is that the shacks were supposed to be upgraded but a local business man, Ricky Govender wants to build housing for middle class Indians. He is now trying to evict the present shack dwellers and people in tin houses (Africans and Indians) so that he can go ahead with his plans to “upgrade the area” and remove the criminals i.e. the poor. It is against the law to evict shack dwellers but with corruption rife, businessman are able to circumvent the law and evictions do take place unless the residents are prepared to stand their ground and fight back. Although it is illegal to evict residents, it is also illegal to build new shacks.

    DSC00051.JPG

    Forced Evictions

    The government is building box houses on the rural periphery of the city to re house the shack dwellers and presenting this as a form of progressive action. The reality is that it is a form of apartheid the only difference being that single women are also allocated housing. People are being forced to move into these small box houses which are being built way out of town far from transport with no schools, clinics or other infrastructure. There is no employment hope in these places so how are people supposed to live? Another issue is that many shacks are shared by more than one family – why so? Because the allocations go to one “family” to one new house. But since shacks house more than one family the one that remains or is not part of the “rehousing scheme” is then made homeless and has to then seek another family to share with and so the cycle continues. Sometimes whole generations of one or two or even three families are sharing the space – it is inhumane and undignified for all. A further issue is that in some cases families are having to pay bribes to get on the rehousing list and then they find even then they are still not allocated housing which adds to the bitterness and hostility towards the local government officials.

    DSC00054.JPG
    Sibu Zikode is the President of The Abahlali and he is a living expression of the movement. Calm determined, focused and committed. The basis of the success of Abahlali are all these things. Yes they are angry at the betrayal of the post apartheid government, at the dehumanizing of their lives and the trickery of business and local councillors but it is not a wild anger. It is a focused liberating anger.

    Sibu lives in the Kennedy Road Settlement which has been in existence for 30 years but still the government insists on calling it a temporary settlement which is a way of denying the people basic services. For example in 2002 the present ANC government stopped electrifying the settlements. There are only 5 toilets and 5 standpipes for a population of some 7000. Denying the community these basic needs is a way of marginalising them as well as attempting to remove them from their homes. They are not moving. The movement to mobilize the whole settlement community started following a series of Marches by the Kennedy Road people and was joined by other surrounding settlements that at the time all had local based organising committees. But it was following the denial of their promised land that led to the formation of The Abahlali starting with 14 settlements and now there are 34 altogether associated with the movement.

    The success of the movement is due to the committed collective leadership, the bravery of everyone to defend their rights and the fact that there is a sense of unity and ownership of their community – there are no NGOs, academics or any other group that speaks for the Abahlali – they speak for themselves – elect themselves and struggle for themselves.

    The people of Kennedy Road do not want to move to a new location outside the city. There is land next door to them that was promised to them and then sold to a local business man. They want their land to be redeveloped so they have access to schools, health and employment.

    The ANC has betrayed the masses of people, the poor, the vulnerable and most needy sections of South African society both in the urban and in the rural areas. HIV and AIDS are lived experiences for everyone in these areas. As someone said to me – we in the townships, the informal settlements, the rural areas all live with HIV – no one has friends, relatives and family who are either positive or who have died of AIDS – it is everywhere sometimes openly sometimes secretly amongst us but it is there and it speaks loudly.

    The people of the informal settlements feel betrayed, angry and frustrated by the present leadership after the struggle for liberation but this has made them stronger and more determined. They intend to use the very same tactics and strategies of the anti-apartheid movement to continue and win their own struggle for dignity. Ironically it was the Apartheid government that build the one concrete structure in the Kennedy Road settlement and the concrete steps in the nearby Foreman Road settlement.

    The Abahlali baseMjondolo movement is living proof that when the the organized poor start speaking for themselves it creates a serious crisis. No one not the NGOs, the Government or various middle class left sects want the poor to speak for themselves. NGOs overtly and or covertly try by all means to undermine movements of the poor and co-opt the struggle for their own selfish purposes to the point where you find that there is little difference between them and the State itself.

    I would like to thank all the activists from the The Abahlali baseMjondolo movement who spoke with me, invited me into their community and shared with me their trust and their struggle and dreams for the future.

    Shackdwellers + Durban

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    Most of Kennedy Road Committee Under Arrest – March on Sydenham Police Station Now

    Wednesday, 21 March 2007, Human Rights Day
    12:47:02

    Most of the Kennedy Road Development Committee Spend Human Rights Day Being Assaulted in the Sydenham Police Station

    Kennedy Road and Other Settlements Are Currently Mobilising to March on the Sydenham Police Station

    *******updates are being added below as they come in*******

    At 3:00 a.m. this morning 9 residents of the Kennedy Road shack settlement were arrested by the notoriously racist and violent Sydenham Police who have not been shy to make very clear the overtly political nature of their sustained violent persecution of Abahlali activists. At 11:00 a.m. this morning two of the nine, Sindi Maluleka and Zonke Mxele, were released. They reported that they had been punched and subject to verbal abuse that specifically targeted their membership of the ‘red shirts’ i.e. the shack dwellers’ movement Abahlali baseMjondolo. They also reported that on their release they had been told that they would be re-arrested if they did not swiftly contact Detective Inspector Luthuli on 073 232 0022 to inform him of the whereabouts of another 10 Kennedy Road residents, all of whom who have leadership positions in the community, who are being sought by the Sydenham Police.

    The arrests follow the citizen’s arrest, and later death in detention at the Sydenham police station, of a man alleged to be responsible for an act of violent criminality. On Thursday 15 February 2007, Thina Khanyile, a Comrades Marathon runner, was out on a training run. He was attacked and stabbed by a man who was not known to him under the bridge that crosses Umgeni Road near the bottom of Kennedy Road. While he lay bleeding on the pavement his assailant robbed him of his running shoes. Luckily for Khanyile another resident of Kennedy Road, working as a truck driver, passed him soon after the attack and quickly took a detour from his work route to take him up Kennedy Road to the community hall in the settlement where the Kennedy Road Development Committee gave him first aid and was able to call an ambulance. Despite the massive bleeding Khanyile survived the attack.

    On the following Sunday, 18 February 2007, Tsepo Buthelezi sought out the Kennedy Road Development Committee to tell them that a friend of his who was visiting him from Ntuzuma was Khanyile’s attacker. He found some members of the committee standing around a braai with many other residents of the settlement. The man from Ntuzuma was restrained and Khanyile was called to identify him. He immediately identified him as his attacker. At this point the police were called to come and arrest the man. While waiting for the police emotions ran high and the man was punched by a number of people for a short while before others stopped the beating. When the police arrested the suspect he did not appear to be in a bad condition. He was conscious, lucid and there was no major bleeding. In fact he walked to the police van and climbed into it himself. The gathered crowd saw that the police kicked him and punched him as he was climbing into the van. It is true that Khanyile’s attacker was assaulted in Kennedy Road but he was also being assaulted by the police at the very moment when he was handed over to the police. However when the Sydenham police swooped on the Kennedy Road settlement this morning they told the people that they were arresting that the suspect had died in their custody a week after the arrest.

    At this point four important points need to be noted:

    1. The Sydenham Police are notorious for their habitual, illegal and often highly racialised and highly politicised use of violence in and out of their station. Numerous complaints have been laid against them for assault and there is now, despite Glen Nayagar’s (the Superintendent) regular intimidation of journalists and confiscation of photographic evidence of police violence, considerable video and photographic evidence of the endemic violent criminality in the Sydenham Police station. S’bu Zikode and Philani Zungu, President and Deputy President of Abahlali, are currently preparing to take the Sydenham Police in general and Nayager in particular to court for the violent assault that they suffered in the cells on 12 September last year after they were, like around 160 others in the last two years, arrested in ludicrous trumped up charges (not one of these arrests has ever resulted in a trial let alone an conviction – but they have resulted in plenty of, often highly racialised, police beatings). The Mercury newspaper has also laid formal complaints against Glen Nayager for threatening a journalist with violence if he reported on the violence that he had seen. The violence of the Sydenham Police station has often made international news and has been covered in publications like The New York Times and the Economist. Given this history it is very possible that they were the ones who assaulted the suspect so badly that he died.

    2. The Sydenham Police have often denied people medical attention while in their custody even when people obviously have serious wounds (wounds, in previous cases, inflicted by the Sydenham Police). Given this well documented history it is very possible that they were guilty of gross negligence and once again failed to allow someone in their custody to seek medical attention.

    3. Tsepo Buthelezi is well known as the most dangerous criminal living in the area. He is armed and has a history of violence and is widely feared in the settlement. However despite numerous arrests for serious offences, including, house breaking and car hijacking, he is always swiftly let out of custody and charges are always dropped after his many arrests and he is often seen in the company of the Sydenham Police. Many people are convinced that he is working as a police informer in exchange for these favours from the police. Given the now long history of serious political repression against the Kennedy Road Development Committee and Abahlali by the Sydenham Police, including systematic violence and illegality on the part of the police, it is very possible that they have seized an opportunity to use their informer to settle their scores with the Kennedy Road Development Committee.

    4. The people who have been arrested, and the ten others on the list to still be arrested, are all people who play active leadership roles in the community and are all in the Kennedy Road Development Committee. It is true that some of them where there when Khanyile’s assailant was identified, restrained, briefly assaulted and handed over to the police but most were not and some of those who were there were the very people seeking to have the suspect swiftly handed over to the police and the very people that stopped the beating of the suspect. One of the arrested men is so sick that he hadn’t left his shack for months until he was pulled out of it at 3:00 this morning. None of the ordinary community members who were there have been arrested. Furthermore the two people who were released this morning under instruction to inform on the whereabouts of the ten people now being sought by the police were absolutely clear that while being assaulted they were subject to political abuse – they have no doubt whatsoever that the death in detention of Khanyile’s assailant is being misused to criminalise and attack the entire leadership of the Kennedy Road settlement.

    A mass meeting was held in the Kennedy Road hall from 11:30 to 12:30 at which the two people released this morning, Sindi Maluleka and Zonke Mxele, spoke. It has been decided to march on the Sydenham Police station in protest. People are currently arriving from other settlements across Durban and Pinetown to join this march. This march will be legal – the Regulations of Gatherings Act of 1993 does in fact allow for emergency marches of this nature. But the police will, no doubt, declare it illegal and attack the marchers without warning as they did on 12 September 2006 when people marched on the Sydenham Police station to protest against the arrest of Abahlali President, S’bu Zikode, and Deputy President, Philani Zungu, while on the way to an interview on iGagasi FM. That day they used live ammunition against marchers resulting in major injuries. It was just sheer good luck that no one was killed. The Mail & Guardian reported that:

    “The Freedom of Expression Institute (FXI) criticised police conduct in both Kennedy Road and at the Sydenham station, saying it constituted “illegal repressive behaviour”, which “prevented citizens from exercising their constitutional right to gather, associate and freely express themselves” and violated the Regulation of Gathering Act. The FXI added that the action of the police “as if they are above the law, is an extremely disturbing trend of late in all parts of South Africa”.

    People from Kennedy Road also tried to march on the Sydenham Police station on Human Rights Day 2005, exactly two years ago, after 14 people, including two children, had been arrested during a protest on Umgeni Road two days before. That day they were also assaulted, tear gassed, bitten by dogs and racially abused. The 14, including the two children, were later detained in Westville prison for 10 days before, as usual, the charges were dropped. Is this what Human Rights Day has come to in Durban – i.e. that the Sydenham Police spend the day attacking unarmed people in the streets?

    For updates and more information please contact:

    Mondli Mbiko 07331936319
    Anton Zamisa 0793801759
    S’bu Zikode 0835470474

    Please also see the following important articles about policing by Abahlali members. S’bu Zikode’s important article also addresses the dangers of the vigilantism that flows from the police seeing all poor people as criminals rather than citizens requiring the protection of the police and the consequent breakdown in trust between poor communities and the police.

    Make Crime History by S’bu Zikode

    Make Crime History

    The Strong Poor and the Police by Philani Zungu http://abahlali.org/node/549

    Police Brutality by System Cele

    Police Brutality

    Fucker Stole My Camera and Shot My Mates by Raj Patel
    http://www.voiceoftheturtle.org/raj/blog/2005/11/fucker-stole-my-camera-and-shot-my.html

    The following newspaper articles are also useful at this time:

    ‘I Was Punched & Beaten’, Mail & Guardian

    ‘I was punched, beaten’

    Democracy Took a Beating in Foreman Road, Mercury

    Democracy took a beating in Foreman Road

    Democracy Takes a Beating in Durban, Sunday Tribune

    Democracy Takes a Beating in Durban

    It is also very instructive to see how the Sydenham Police present shackdwellers on their website
    http://www.sydenhamcpf.org.za/SAPS/SAPSRaid20050729.pdf

    The names of the people still in custody are:

    1. Cosmos Nkwanyana
    2. S’thembiso Bhengu
    3. Delisile Gwala
    4. S’bongiseni Gwala
    5. Dumezweni Cibane
    6. Ngezo Mzimela
    7. Thina Khanyile

    They are all members of the Kennedy Road Development Committee except Khanyile who is the man who was stabbed and almost died on 15 February while training for the Comrades Marathon.

    ****************

    UPDATES BELOW

    ****************

    From Richard Pithouse:

    we all know the script. people came from shack settlements all over durban and pinetown in support. they blocked the road outside the settlement with uncollected bagged refuse. they didn’t threaten or hurt anyone. they just blocked the way. 8 vans from the sydenham police station arrived. there was no warning to disperse or discussion. their opening move was rubber bullets. at least this time they didn’t use any live ammunition although there was plenty of waving sub-machines gun around.

    what we need to think about more seriously though is how radically racialised it all is. we can talk about the world bank and the market and everything we say might be true. but when it comes to a situation like this race is a visceral reality.

    i arrived back at the settlement with two bahlali, middle aged women to whom i was giving a lift back from the police station, minutes or perhaps even seconds after the police broke up the road blockade. the police are overwhelmingly indian. the shack dwellers, there, although not every where in durban, are all african. i was the only white person there. the initial response of the police was to wave me through. when the abahlali women got out of the car a police officer opened the back door and then locked it for me and warned me to ‘be careful in this place’ before closing it. they clearly assumed that i was dropping off my workers. they clearly assumed that i was a person who was worthy of their protection. class doesn’t explain these assumptions. although i was the only white person on the scene i wasn’t the only middle class person there. a group of african people from a church had the misfortune to arrive at kennedy road, from behind the raod blockade, to give out food parcels just before the police arrived. they were standing there, in yellow t-shirts holding a huge wooden cross, when the police came. they just stood there, understandably bewildered, when the rubber bullets were fired. two van loads of people, 17 in all, were arrested. as far as we know 16 were from the church and only one was a kennedy road resident. a young teenage church girl in her model C school tracksuit top tried to point this out, she got, casually, pepper sprayed in the face at point blank range. of course the police changed their attitude to me once they recognised me but the indisputable fact is that in a situation like today, a situation where the ‘normal’ order of things and people is temporarily upset, their initial assumption is that their job is to help white people and casually assault african people.

    but the notorious glen nayager, the man who has singlehandedly made it impossible for shack dwellers in clare estate and reservoir hills to have any hope that the local police will see them as anything other than criminal, is not just a racist. he is genuine sadist taking pleasure from inflicting pain. when the police wanted everyone to leave the open area in the settlement near the road and go back to their shacks a girl, maybe about 15 or perhaps 16, who was at a sweets and cigarettes stall hesitated for a moment obviously worried about leaving the goods. her hesitation was marked on her face as a flash of fear, not defiance. nayager himself, with his machine gun dangling in his left hand, whipped out his spray with his right hand, got her right in the face, and punched her on the chest with the back of his fist knocking her down the stairs. his smile was probably the same smile that we’ll see in the photographs that he had his colleagues take when he beat philani zungu unconscious in his station late last year. and we may get to see those photographs. because as bad as the sydenham police under nayager are they are not all the same. there are officers, indian and african, who are sickened and looking for support.

    **************************

    From Sindy Mkhize:

    Hi all

    People are not released yet they’ charged of muder

    Yesterday Zama & Lungie went to police with the small kids for Delisile

    They could ‘ allow them to leave the kids

    We think they we appear in court on Friday /on Monday

    Thanks

    Sindy

    **************************

    From Andile Mngxitama:

    Well im not surprised by the “murder” charge. Perhaps, abahlali need to be made aware of how the LPM Gauteng chapter (this has similar characteristics with Abahlali- it’s an urban squatter community based), was basically judicially terrorised into disarray, after a long and consisted legalised attack on the movement. Some of the examples of how the state used judicial means to demoralise the movement were:

    1. the whole Protea South youth leadership was charged with murder (this was the most vibrant youth chapter in the LPM in Gauteng). They were thrown in jail for more than three months – bail was high – only to be acquitted by the high court (think about the stress, resources etc which comes with this kind of pressure).
    2. the Eikehoff youth leadership was not so lucky, some are serving long sentences.
    3. the Democracy 52 were on trial for more than 2 years. Every month or so we had to appear in court, the possibility of a five years jail sentence hang above the heads of activists like a sword (the resources needed -financial, legal, emotional etc – was a real big factor). The message sent to surrounding communities was clear – if you join that movement you will end up in jail (the transcript of the court hearings make clear how far the collusion between the police and the judiciary can go in asserting the “rule of law” against the poor). But the charges could not stick and the magistrate made many mistakes as she tried to help the prosecuting side. For my part the racism of the whole thing was shocking.

    What’s important about a murder charge is that: you can not get bail easily. And then when you get it its set very high (the poor can’t afford this). The basic idea is to keep un-sentenced trouble-makers in jail for as long as it’s possible.

    ******************************

    From Jacques Depelchin:

    Dear All, Richard,

    Thank you for sharing the update. And what should be the reaction of someone reading this from thousands of mile away? Outrage, but then what? This reads very much like a report from Haiti, but it could also be from Nairobi or some favela in Brazil. Now that they are reinventing poverty through poverty studies, shouldn’t places like Abalhali baseMondjolo produce texts for students who shall be taking these courses at places like UC Berkeley and Stanford University. Is it possible that one could see the emergence of solidarity, full stop, not solidarity studies? What would it take? Every single one of you out there could be a teacher.

    I am writing this as a member of Ota Benga Alliance for peace, healing and dignity, but also as a person looking for ways to link up arms, beyond words, beyond sentiments, with those who are treated worse than trash.

    If there are members of the police station who are sickened why do they not connect with the residents? Shall there be demonstrations, common demonstrations in front of South African embassies or consulates? Are there fax numbers, addresses, say of the policy station. Anything through which people down there shall be able to see that Abalhali is not just a geographical location, but people being trampled upon, being beaten up, being killed simply for being poor and affirming their oneness with humanity.

    Do take care, Jacques

    ******************************

    Reply to Jacques from Richard

    Dear Jacques and others

    The contact details for the Sydenham Police station are as follows:

    SAPS PRO at the Sydenhan Station

    Captain Myentheran Lazarus: phone (27) (31) 203-2711

    Station Manager at the Sydenham Station

    Superintendent Glen Nayager: (27) (31) 203-2709

    Station Fax Number at the Sydenham Station

    Station Facsimile Number: (27) (31) 209-8762
    General Sydenham Station Phone Numbers

    Sydenham Station: (27) (31) 203-2700 / (27) (31) 203-2703 / (27) (31) 203-2704

    We can’t be certain if contacting them will make a difference. Nayager personally assaulted S’bu Zikode and Philani Zungu last year, and had his colleagues photograph the assault, while we were protesting outside and while journalists from two newspapers were outside and others were phoning. But it certainly can’t hurt to make sure that they know that they are being watched and that the people in their cells are not alone and in these kinds of circumstances everything must be tried. So, sure, if anyone is prepared to phone or fax through messages of concern about the way that the prisoners are being treated or to express a general concern about the crass racism and systematic violence, as well as the habitual theft from shack dwellers by armed police officers on ‘raids’, all of which the station has become widely known for that would be worth doing.

    To see a few seconds of the Sydenham Police in action take a look at the video clips at http://abahlali.org/node/235 and http://abahlali.org/node/234 They only capture the opening moments of a sustained attack at Foreman Road and don’t show the use of live ammunition or the shooting of people at point blank range with rubber bullets while they were curled on the ground but its enough to get a sense of who Abahlali is dealing with here.

    Richard

    ***************************************

    From Farhana Loonat:

    Hi,

    I just called Sydenham police station, and spoke to Nayager. I suspect that I was only put through to him because I said I was calling from the University of Virginia in the US. Anyhow, when i got to Nayager, I expressed my concern at reports on people being assaulted at Sydenham police station, and was like, ‘if you have any complaint, you shouldnt call me. you should write your ‘little story’ and get it investigated’. For me this suggests that Nayager is so comfortable, even in his suggestion that the complaint be investigated, because he knows that even that is such a challenge. I am sure most of you are aware of Raj’s experience when he tried to report the theft of his camera.

    I also forwarded the story to the SABC in Durban. I have not yet received a response, but do expect one shortly. But at the same time, i must say that I am not very hopeful about the SABC. My own time at the SABC in Durban made it clear that my country was being ‘informed’ by really shady people. I worked in the newsroom, and what i saw and heard shocked me. I was really sickened when i heard a woman who also works in the newsroom suggest that the woman involved in the Zuma rape case was a slut. I dont think this is the space to let loose on the full SABC experience., so i will let it rest.

    Farhana

    *****************************************

    From Richard Pithouse:
    22 March, 6:50 p.m.

    Dear All

    There is some good news. Ma Gwala was released today. Many of the people on this list who have visited Kennedy Road know Ma Gwala as she does the cooking for the creche every day and for other functions at Kennedy Road. She is a wonderfully warm and special person who cares for 5 children in her small shack, including one orphan and one very sick child. Zama and Lungi who work at the creche took the 5 children to the police station yesterday and today in a powerful protest to show the police officers and workers at the station the human cost of the arrest of Ma Gwala. The anti-Nayagar people in the station have been very covert in their reaching out to the community so far but it seems that Nayagar came under more direct internal pressure in response to the women’s protest over the last two days and he was finally persuaded to speak to Zama and Lungi who told him that they would expect him to arrange child care for as long as he detained Ma Gwala. He then released Ma Gwala. She is the furtherest thing from a murderer imaginable and was clearly picked up just because she is such a committed and respected activist in the settlement. She received a hero’s welcome today. Her husband who is very sick, so sick that he hasn’t left his shack from months, is still in detention however.

    Just minutes ago Dumezweni Cibane and Ngezo Mzimela were also released. We’ll here from them what happened inside later tonight.

    Cosmos Nkwanyana, S’thembiso Bhengu, S’bongiseni Gwala (all of the Kennedy Road Development Committee) and Thina Khanyile (the man who was stabbed for his running shoes) will appear in the Durban Magistrate’s court tomorrow at 9:00. S’bu Zikode has spoken to Mark Serfontein, who successfully represented the Siyanda 5 recently , and who has agreed to appear tomorrow pro bono.

    Other good news is that S’bu was on iGagasi FM live during the road blockade yesterday and the media response from local newspapers has been very good in that they have all been actively seeking to speak to people in Kennedy Road and are making serious efforts to get both sides of this story. (The more general trend is for the media to just run police statements as fact but Abahlali have built up good networks and credibility over the years by always telling the truth and, no doubt, Naygar’s habit of threatening journalists with violence hasn’t exactly helped his credibility with the media)

    There have also been overtures from important church figures looking to develop support and this is very much appreciated. More will be said about this soon. And Mnikelo Ndabankulu has prepared a powerful draft statement that condemns vigilante action but also condemns the criminality of the Sydenham Police and the misuse of the assault on Thina Khanyile’s assailant to try and settle political scores with the Kennedy Road Development Committee.

    Kennedy Road and Abhalali are standing firm and spirits have been lifted by the release of the three people and the solidarity from various quarters.

    Richard

    *************************

    Friday, 23 March

    So, almost two years to the day after the 14 heroes stood in front of Magistrate Asmal, it was another red day in the Magistrate’s Court (and there have been plenty in the last two years). The 4 accused have been remanded in custody for a further 7 days for further investigations to be conducted and will appear in court again on Friday next week for a bail hearing. None of the accused is employed. S’thembiso Bhengu runs a small shop in the settlement selling sweets, cigarettes and fruit, Cosmos Nkwanyana and his wife buy vegetables in town and hawk them in the settlement. Often they can’t afford to eat any of the vegetables they trade in. He has shingles as a result of malnutrition. Mr. Gwala has been too sick to leave his shack for months. He and his wife, Ma Gwala, also have a very sick child and care for an orphan too. Thina Khanyile is also unemployed. They can ill afford to be locked away from their families for a week let alone the months that may well lie ahead. But although there could be a very long legal process it seems highly unlikely that the state could get a conviction. They may have their informer who is telling them what they want to hear in exchange for getting off from criminal charges. But there were a lot of people who witnessed what did in fact happen. Some residents of the settlement did assault the man who stabbed Khanyile for his running shoes. But its certain that none of the arrested KRDC members are guilty of anything at all, let alone murder.

    So the 4 accused will spend another week in the Sydenham Police station which, as bad as it is, is still better than Westville prison. The state is clear that they still want to make more arrests in the coming days.

    During the long wait in the court yesterday System Cele told me that one of the police officers, warning her that she was about to get more teeth broken, screamed at her that ‘you much keep your AIDS and dirt inside – don’t bring it onto our road’.

    Just one small correction – lots of people are reporting that the leadership of Abahlali baseMjondolo has been arrested. This is not the case. Kennedy Road is one branch of, at last count, around 36 ABM branches. It is a very important branch, probably the largest. But it is the local Kennedy Road leadership that is being targeted. People who hold office in the ABM secretariat and who live in Kennedy Road have not been targeted. It therefore seems pretty clear that this is not, as with the arrests and assault of S’bu Zikode and Philani Zungu late last year, an attack on the movement from the city or provincial or national level. It seems clear that this is about a very local elite settling its scores with Kennedy Road.

    Richard

    **************************************

    Friday, 30 March 3:17 p.m.

    I was not at court today but after speaking to people who were I can tell you all that the news is not good. The attitude of the I.O. and the prosecutor was very hostile. The people now entering their second week in detention are being casually referred to as ‘dangerous criminals’ and more arrests are threatened. The Kennedy 5 have been remanded in custody till 13 April which means that, if there is in fact a bail hearing on that date, that they will have been in detention for more than a month before being able to apply for bail. And of course they may well be denied bail and if they are granted it it is not at all clear how it will be afforded. Furthermore the I.O. is clear that he intends to arrest the remaining 4 members of the K.R.D.C. – in other words he is determined to arrest the whole committee.

    More bad news is that the Kennedy 5 have now been taken to Westville Prison, a truly frightening place. Apparently the argument is that these ‘dangerous criminals’ may escape from the cells at the Sydenham Police station. As bad as the Sydenham Police station there is, at least, the possibility of some leverage over their more local power. There are channels through which information can flow from the station to the communities outside and the officers there know that they are within very close and quick marching distance of 3 large strongly Abahlali settlements with a combined population of well more than 10 000 people.

    A sliver of good news is that active steps are now been taken to move ahead with suing and investigating the Sydenham Police for various previous incidents of illegal and abusive behaviour towards shack dwellers – and there is a long list. There are now assaults on a more or less daily basis as well as petty forms of victimisation like people being fined a hundred rand for ‘drinking in public’ when in fact they are drinking in a shack which is a home and which has 4 walls and a ceiling. Also, with help from Dorothy Holscher and some of her students, some first steps are being taken towards trauma counseling for people who have been assaulted, arrested or who have family members inside. This is really important for the people concerned but also for the movement. Abahlali, with its deep democratic commitments and its equally deep commitments to make sure that it is what S’bu calls a home for the poor, a place where everyone (old and young, poor and very poor, men and women) is respected and valued right now (rather than as a final goal of some long political process), has never and could never endorse any politics that in any way allows some people to render others as cannon fodder. The counselling is one way of concretising this commitment. Arrangements have also been made for the immediate food and other needs of the families. A lot of people are asking what they can do. Abahlali welcomes all ideas. Money is important but so, also, are expressions of support. It really helps for people to know that they are not alone in times like this.

    A further sliver of good news is that articles by M’du Hlongwa and S’bu Zikode, written a while ago, appear in the Mail & Guardian today on page 30 and 31. They are online at the following urls:

    The No Land, No House, No Vote Campaign Still on for 2009 by M’du Hlongwa http://abahlali.org/node/510

    Make Crime History by S’bu Zikode http://www.abahlali.org/node/551

    The articles make very important arguments that deserve a wider readership. But it’s also really important at this time while Abahlali and the KRDC are being presented as ‘dangerous criminals’ by the state (and the handful of vanguardists in the left NGOs who have donor funding but no constituency and behave with exactly the same paranoid authoritarianism as the state when the poor threaten their power by daring to speaking for themselves) to have an opportunity for people in Abahlali to have a chance to represent themselves as they are, as rational people engaged in a deeply ethical project that, ultimately, holds the promise of a broader redemption, via a humanising movement, of an increasingly pathological society.

    When the letters from Kennedy Road were sent out last week S’bu’s letter was accidentally left out (although it has been on the website). It is below.

    S’bu has just phoned to say that the police helicopters are circling above Kennedy Road again.

    Richard

    *******************************

    “Now that our humanity has been vandalized by the police in this way we have finally fully understood that we are not citizens of this country.”
    -S’bu Zikode

    ******************************

    Friday, March 30, 2007
    Socialist Student Movement and Democratic Socialist Movement:

    Comrades,
    We wish to express our full support as you defend the arrested Kennedy Road comrades. The arrests and the hostile treatment in court today amount to a blatant attempt by the state to weaken the Abahlali baseMjondolo Movement. We need to fight to keep alive the possibilities of exercising
    our hard won rights to protest and freedom of association within the limits of the bourgeoisie democracy. It is incumbent upon the leftist organizations of this country to expose all human rights abuses done by the police and courts.

    The outrageous attack against Abahlali shows the weakness, not the strength, of the state and the capitalist system that it represents. In the face of mass struggle, of modest demands for housing and basic services, the state has shown again and again that the only response it can come up with is the police dogs, police bullets and police cells. Now they are apparently getting even more desperate. So, comrades, be strong!

    We support Abahlali’s call for two independent investigations; one into the death of Mzwakhe Sithole, who died after a week in custody at the Sydenham police station, after being handed over to the police by Kennedy
    Road residents, and another one into the operations of the Sydenham police station. Be strong!

    Today, we were unable to be at the court as we have been organising pickets and meetings at the Westville and Howard College Campuses of the University of KwaZulu-Natal against the financial exclusions that have already shut out 101 students in the past few weeks. At least 549 others,
    in these two campuses only are still under threat of exclusion. We will continue with daily pickets next week, aiming at a bigger protest Wednesday.

    We are urging all social movements and working class organizations, big or small, to speak up in solidarity with the Abahlali comrades. If you keep quiet now, next time the police might come for you.

    Yours in solidarity

    Liv and Xolani Shange for the Democratic Socialist Movement and the Socialist Student Movement

    ***************************

    Wednesday, April 03, 2007
    Press Release from the Remaining Members of the Kennedy Road Development Committee (K.R.D.C.)

    The Kennedy 5 Are Now On Hunger Strike in Westville Prison

    Last Night Our Mass Meeting Decided to March on the Sydenham Police Station and on Tuesday and to Light Candles There in Support Our Comrades

    At 3:00 in the morning on Human Rights day, 21 March, 9 residents of our shack settlement, Kennedy Road, in Durban, South Africa were arrested by Police from the nearby Sydenham Police station. Five of the arrested were released after a two day women’s protest at the Sydenham police station. Halala Izimbokodo! Celebrate the strength of women! But then they arrested one more person and so five community members are still detained. There names are:

    1. Cosmos Nkwanyana
    2. S’thembiso Bhengu
    3. S’bongiseni Gwala
    4. Thina Khanyile
    5. M’du Ngqulunga

    They are in Westville prison and will appear in court on 13 April to ask for bail. This means that they will have already been in jail for one month before they even get a chance to ask for bail. And the magistrate may deny bail. The Kennedy 5 have now decided to go on a hunger strike. They stopped eating on Sunday. They do not undertake this action lightly. They have written a list of demands which we expect to get today.

    The background to this sad story is that on 15 February 2007 a Kennedy Road resident, Thina Khanyile, was attacked near the bus stop on Umgeni Road while training for the Comrades Marathon. He was stabbed 18 times and robbed of his shoes and his watch. He would have died if a truck driver from Kennedy Road hadn’t seen him there and quickly bought him up to the settlement where we could call an ambulance.

    On 18 February a well known and dangerous criminal living in the settlement told people in the community that Khanyile’s attacker was in the Kennedy Road settlement. Those people restrained the suspect without causing any hurt to him and sent for Khanyile. Khanyile recognized him as the man who had almost killed him. At that point some people in the community began to assault the man who we now know was Mzwake Sithole from Ntuzuma. Members of the Safety & Security sub-committee in the Kennedy Road Development Committee immediately called the police. They called the police because even though there are such bad problems with most of the police here we still have to go to the few good police officers for serious cases like attempted murder and murder. When the police arrived the man looked to be fine. The crowd of more than 50 people all saw the police assaulting the man with kicks and punches as he walked to the van and climbed inside.

    Khanyile then went twice to the Sydenham Police station to open up a case against his attacker. We heard nothing more until the Human Rights Day arrests. When the arrests were made we were told that Sithole had died in police custody a week after his arrest. But what has shocked us is that the police just arrested Khanyile, the victim of Sithole’s attack, and the K.R.D.C. Most of the people who they arrested were not even there on that day! And it was the Safety & Security Committee of the K.R.D.C. that immediately phoned the police to come and fetch Sithole’s attacker! There was a big group of people who were there and who saw what did happen. It is not difficult to speak to them and to get the truth. Anyone who wants to find out the truth of what happened that day can find it very easily. If there is a trial then the truth will come out very easily and very clearly in the court. It is clear that Glen Nayager, head of the Sydenham Police, has seen his opportunity to break the famous spirit of Kennedy Road by misusing this incident this to destroy the K.R.D.C. Nayager does not try to hide the fact that he hates the K.R.D.C., that he hates Abahlali baseMjondolo, the big movement of shack dwellers that Kennedy Road is part of, and that he wants all shack dwellers to be forcibly removed out of his area. He is always telling us that we ‘must go back where we came from’ and that ‘there will be no red shirts here’. We have heard that this is very similar to what happened to the Landless People’s Movement in Johannesburg where activists were arrested on fake murder charges in an attempt to break the spirit of the movement after a man died in a shack fire. No one has any doubt that the K.R.D.C. is under political attack by Nayager. He does not only tell us that he wants to attack the K.R.D.C. and Abahlali baseMjondolo. Journalists are telling us that he is saying this openly to them too.

    We have discussed this matter very carefully and we all agree that if Sithole is now dead then his death must be carefully investigated. We have made a whole politics on the ground that everybody matters. Therefore every death must be taken seriously just as every life must be taken seriously. But the Sydenham Police cannot be trusted to make this investigation. It is true that some people in Kennedy Road did assault Sithole after he was identified as Khanyile’s attacker. But it is also true that more than 50 people also saw the police assaulting Sithole when they came to fetch him from Kennedy Road. And we don’t know what happened in the van and in the cells after that. But we do know that ever since Nayager came to the Sydenham Police station in 2004 people are arrested on fake charges all the time and people are beaten all the time – especially in the cells. Nayager is following in the steps of his cruel father who tortured the black consciousness activists in the 70s. Around 200 of us have been arrested in the last two years and every time the charges are dropped because they were nonsense but that still gives the police a chance to beat us while and after arresting us. Therefore the arrests on fake charges become a punishment without any hearing in front of a judge! This makes Nayager, a criminal, the man who judges us and then gives us the sentence. That station has become a place of suffering for the innocent. Many of us, and many people from other Abahlali settlements, have been beaten very badly there after being arrested for marching for land and housing in the city. Afterwards Nayager always lies to the media about what happened but many, many people, including lots of journalists, have seen for themselves how he behaves. Journalists have seen Nayager’s police shooting at us with pistols as are running away. There is even a film of the police attacking us. It is on our website. Right now Abahlali is organising to sue Nayagar and the Sydenham Police with the support of X-Y and Amnesty International for a very bad beating of two Abahlali members in the cells and the shooting of one more last year. Therefore the K.R.D.C. is calling for an independent investigation into Sithole’s death. That investigation must be carried out by a neutral team that can closely examine the role of the Sydenham Police and the role of the community speaking to everyone and looking fairly and honestly at all the facts.

    Ever since Nayager came to the Sydenham Police station all shack dwellers in Sydenham, Clare Estate and Reservoir Hills have been treated as if we are criminals and as if we are not human beings. This man has vandalized our humanity. And when Abahlali baseMjondolo was started two years he began to hate us even more. He is always telling us that he will drive the red shirts out of his area. Sometimes you can be arrested and beaten just for wearing a red shirt even if you are just waiting at the bus stop. One person was even arrested on a charge of attending an illegal gathering while asleep in his bed! It seems that even planning to attend a march is a crime for Nayager. It is not the job of the police to decide which organisations can work in an area and which can not. Their work is to protect the people from criminals not to silence the voice of the poor. They should be working for all the people as the servants of the people including the poor. They are never there when our women face abuse but if you put on a red shirt 8 vans can be there in 5 minutes!

    We are also calling for a second investigation. We believe very strongly that the many abuses that the Sydenham Police have perpetrated on the shack dwellers of the area since Nayager’s arrival must be investigated very closely. The problems of racism, violence, corruption, criminality and political oppression at the police station need to be investigated very seriously. This police station is like a sore in the community – a sore that gets worse as it rots more each day. We know that it doesn’t have to be this way because there was a good relationship between shackdwellers and the police when Supt. Maritz was the head. In those days we worked together, once even working with the Air Wing to catch some armed robbers who were also abusing women while hiding in one the settlements. In those days shackdwellers could go to the police and have their problems taken seriously although there was a problem of police not understanding isiZulu. But for that reason one of our members became a reservist. We would like to work closely with the police again and in fact a few weeks ago we met with some police officers who also want this. But in our discussions with those good offices we quickly ran into one big problem – Nayagar. Shackdwellers and the police can’t work together in Sydenham and Clare Estate and Reservoir Hills while Nayager is there. His hatred for us all and his political mission to try and crush the voice of the strong poor makes a good relationship impossible.

    It is important to say something about the Safety & Security Sub-Committee of the K.R.D.C. because the police are talking as though that committee are criminals. We have this committee to resolve tensions in the community and to sort out problems that are too small for the police or that police won’t bother themselves with. The members of this committee are elected every year and are not paid for this work. People do it only for the love of the community and for the honour. When there is a problem between two people this committee tries where ever possible to get people to agree to a solution that both can accept. When this is not possible the committee can ask a person who has done something wrong to pay a fine to the person that they have harmed or, if what they did was very bad, to leave the settlement. The committee does not use violence. The community wants this committee and votes every year for people to be on it. It is especially wanted by women because as everyone knows the women who are living alone in shacks are very vulnerable to criminals. A shack is not strong like a big house. Anyone can push inside any time. The committee is the only place that they can turn to.

    We also want to make it very clear that we are aware that Nayager is using the worst criminal in the area as his main informer. This man, the same man who told people that Sithole was Khanyile’s attacker, is pointing out the committee to Nayager in exchange for not being arrested for his crimes – crimes against the rich and against the poor. This man robs rich people in their houses and he robs poor people at the bus stop. Therefore Nayager is protecting dangerous criminals to attack democrats who are only struggling to build a country that makes space for everyone who lives here! We also know who the other informer is. This man has resentment because he was voted out of the K.R.D.C. in 2003 after one year of serving as deputy Chair. His son-in-law recently accused his neighbour, Ma Gwala, of witchcraft. He was jealous of all the respect that she was getting in the community for caring for the orphans and working at the crèche. Ma Gwala went to the Safety & Security to complain. There was a hearing on 18 February, the same day as the day when Khanyile’s attacker was identified. At that hearing S’thembiso Bhengu and Cosmos Nkwanyane decided that this man’s son-in-law must pay R1000.00 to Ma Gwala to wash her name. That is the reason why Ma Gwala, her husband and her brother as well as Bhengu and Nkwanyane were pointed out. Nayager is misusing the death of Sithole to attack the K.R.D.C. His informers are misusing Nayager’s hatred to point out their own enemies. This is not justice. This is an unjust alliance between political oppression from the police and a criminal and a jealous man in the community. M’du Ngqulunga also wasn’t present when Sithole was attacked. But he has been pointed because the day after the first 9 were arrested he mentioned the role of Nayager’s criminal informer at a mass meeting. That’s when the informer gave his name.

    We want thank all the organisations and individuals who have sent messages of support like the Anti-Eviction Campaign, the Socialist Students’ Movement and others. We can’t always reply because we don’t always have airtime and we don’t have email but we thank you. Every message is shared with the community. Many people have asked who they can write to in order to express their concern. We have discussed this and decided on a man at the Independent Complaints Directorate (ICD). Our experience with the ICD has not been good. They did not help when Nayager’s police broke System Cele’s front teeth by beating her so hard on the back of her head that her face smashed into the road or when Nayager stole Raj Patel’s camera with pictures of the attack on System Cele or when Nayager threatened other journalists with violence. They did not help when the police shot Monica Ngcobo in the back in Umlazi. They did not help after S’bu Zikode and Philani Zungu were beaten by Nayager in the cells in his police station for the crime of trying to attend a radio interview and another lady was shot for protesting against this the beating of Zikode and Zungu. But a good friend of Abahlali has told us that there is a good man in the Internal Complaints Directorate. We will be meeting with this man soon and our friends are welcome to ask him to consider our requests which are:

    1. A neutral and fair and serious investigation of Sithole’s death that includes the Sydenham police and the Kennedy Road community without bias.
    2. An investigation of the Sydenham Police station from the arrival of Nayager to now including police brutality, corruption, theft, racism and political oppression including political violence.

    The name of the man at the ICD is Mr. Mthokozisi Ngcobo and his email address is JNgcono@ICD.gov.za

    We are especially asking our friends who have witnessed Nayager’s behaviour and other criminal actions of the Sydenham police to send their stories and photographs and films to Mr. Ngcobo. We know that there are people all over the world who know the truth about how Nayager behaves. One American boy has a photograph of a police officer from Sydenham firing his pistol into the backs of fleeing demonstrators in Foreman Road.

    Our friends have also been asking about financial support in the time of this crisis. We have talked about this and are we are asking people who can to give financial support to the families of the 5 men on hunger strike in Westville Prison. If the Kennedy 5 are awarded bail on 13 April we will also need bail money for them. And we will need money for a lawyer for the trial. We need about R5 000 a month for the five families. We have a lawyer with a good heart who is standing with us now for the love of God not money. But he is only available till the end of the month and then we might need to pay a lawyer. We’ll need about R20 000 for the trial. If the Kennedy 5 get bail that will be set by the magistrate but because none of the 5 are employed and none of their family members are employed we hope that it will be kept low.

    Our account details are:

    Kennedy Road Development Committee
    Bank: First National Bank
    Acc no: 62089969293
    Branch: Umgeni Junction

    For people in America money can be donated by going to ‘support’ on our website which is at www.abahlali.org

    People who can give money should state what they want the money to be for: ‘Family support’, ‘bail’ or ‘lawyer’.

    Our mass meeting last night decided to march on the Sydenham Police station this Tuesday. We will surround the police station and light candles and sing. We are informing the authorities of this march today so they can’t claim that this will be an illegal march and beat again. If they try to illegally ban this march we will take them straight back the high court like we did in February last year.

    For further information please contact:

    Mr. Lembede 0766837751
    Mr. Mdlalose 0721328458

    Qina bahlali!
    Umhlaba! Izindlu!
    Phansi maphoyisa shaya abantu!
    Wathint’ abahlali, wathint’ imbokodo!
    Amandla Awethu!

    *********************************
    Thursday, 5 March – Hunger Strike Day 5

    Dear All

    For two whole days now visitors to Westville prison have been able to located the Kennedy 5. When the hunger strike was announced the families were told that detainees had been moved to special accommodation in the prison but nothing further has been heard. Relatives and comrades have spent the whole day waiting in the circumlocution office of the jail with no clear word on what is happening or where the people are. It’s just been obstructionism all the way. However contact has been made with Popcru, the prison warder’s union, and support on this matter has been won. A union official made it quite clear that he thought it appalling that ‘people can just disappear like that’ and that ‘there is no way that we can along a thing like this to happen’. He has promised to get on the matter first thing tomorrow morning.

    However at the moment we do not have the memorandum written by the Kennedy 5 nor do we know how they are handling the hunger strike or how they are being treated. Two of the 5 were already seriously ill at the time of the arrest and of course their families are particularly anxious.

    S’bu Zikode has applied for permission for the march on the Sydenham Police station. He has been asked to attend a meeting with ‘specialised units’ tomorrow morning. He was able to shift the venue of the meeting from the police station to Kennedy Road but the police officer warned that ‘it is unlikely that we will give permission for the march’.

    Below is an article from this morning’s Mercury.

    Richard

    http://www.themercury.co.za/index.php?fArticleId=3767547

    Accused residents ‘on hunger strike’

    April 05, 2007 Edition 1

    Carvin Goldstone

    MEMBERS of the Kennedy Road informal settlement who are being held at Westville Prison on charges of murder have apparently gone on a hunger strike in an attempt to draw attention to their case.

    This is according to residents of the settlement, who have been visiting the five awaiting-trial prisoners. However, the Correctional Services Department has been unable to confirm the hunger strike.

    The five inmates were arrested in connection with the death of Mzwakhe Sithole, an Ntuzuma man who died while in police custody.

    On February 15, Sithole had allegedly attacked and robbed Kennedy Road resident Thina Khanyile in Umgeni Road.

    Residents of the settlement apparently caught and beat up Sithole.

    Police Supt Vincent Mdunge said that Sydenham police had rescued Sithole, who had been “seriously assaulted”.

    “Because of the seriousness of the situation, he was taken through to the police station for safety reasons,” he said.

    Sithole allegedly had later tried to escape from the police station, but had collapsed just outside.
    Mdunge said he did not consider Sithole’s death a death in custody and denied that police had also beaten him up.

    After Sithole died, five people whom police believed were involved in his assault were arrested and charged with murder.

    They are now apparently on a hunger strike.

    Kennedy Road development committee member Gerald Mdlalose said the five residents in jail had been on a hunger strike since Sunday because they were unhappy with their arrests. “The investigating officer in this case does not have enough evidence that they were involved in this murder.

    “The man was punished and handed over to police, and the police told the people that the man had passed away,” he said.

    The committee is demanding a neutral investigation into Sithole’s death that would probe the Sydenham Police and Kennedy Road residents without bias.

    Correctional Services Department spokesman Manelisi Wolela could not confirm the hunger strike claim yesterday.

    *************************

    April 5th

    Dear Friends,

    This is too much. I have been meaning to write an open letter to Nayagar and the Syndehnam Police Station with regard to the kind of apartheid type treatment being inflicted on people whose only crime is to be poor in a country whose current leaders, during the struggle against apartheid, had vowed to put an end to this kind of treatment.

    Many of us did all we could to support that kind of struggle and many of us find it hard to believe that officers like Mr. Nayagar could function, with apartheid era type of impunity, and, on top of it get away with it and even brag about it.

    I would just like to put a few questions because I tell myself that maybe I do not understand all of the things which I hear from the members of the Shackdwellers movement.

    My main question, Mr. Nayagar is this: if poor people, on the basis of the South African Constitution, call for being treated with justice and dignity; is it a crime? Are you saying that to be poor and to speak up against poverty by asking to be treated with justice and cignity is a crime?

    But I would like others in the South Africa of today to also consider this question as being adddressed to them, from the richest to the poorest. After all, if Mr. Nayagar, a law officer, can get away with a behavior which is more reminiscent of the apartheid era than of today’s, then an outside observer may well conclude that Archbishop D. Tutu and others are right to warn about the loss of the moral compass in today’s South Africa.

    In the meantime, please convey our solidarity with the Kennedy 5, their friends and their families. This is on behalf of Ota Benga Alliance for Peace, Healing and Dignity in the DRC and in the USA. Ota Benga, a pygmy from the Congo was treated as subhuman. One would have thought that in the South Africa of today, every single law enforcement officer would work harder than anybody else to make sure that no one, and especially the poorest and most despised members of society, would ever be treated like yet another Ota Benga.

    Please stay strong because you are not just doing this for those around you, but also for millions of poor around the world. Do take care, Jacques Depelchin. Executive Director, Ota Benga Alliance for Peace, Healing and Dignity in the DRC and in the USA.

    *************************

    Good Friday, 6 March 2007

    Word has been received from the Kennedy 5 via a quick cell phone conversation. They were able to explain that they were removed to an isolation cell on the 7th floor of the prison, room 702, after they announced their hunger strike and began refusing food. They are resolute.

    *************************
    *************************
    Please also see:
    1. Letters from Kennedy Road – http://www.abahlali.org/node/920
    2. Kennedy Road Tension Rises – http://www.abahlali.org/node/919
    **************************
    **************************

    Featured post

    KZN Slum Elimination Bill: A Step Back

    KZN Slum Elimination Bill: A Step Back

    Living in an informal settlement implies a constant struggle against forces working to eliminate one’s unauthorised and hazardous home. The most pervasive force is the constant threat of fire. It is an almost routine experience, one which residents collectively share in horror, but also with mutual assistance in the urgent rebuilding of shacks. Twelve days into the new year the Kennedy Road settlement in Durban lost 12 shacks.

    Another force that shack dwellers have come to deal with routinely is violent eviction by the municipality. Here too, the response from the informal settlement residents is increasingly collective, with solidarity reaching beyond individual settlements. The experience of violence and destruction of homes has fuelled grassroots mobilisation, in particular the formation and expansion of Abahlali baseMjondolo, a Durban-based shack dwellers’ movement. In response to this mobilisation, the authorities appear to have devised a further routine, the ad hoc arrest of community leaders.

    While residents understand that their poorly planned and constructed settlements are in their very nature out of balance with the forces of nature, they do not accept that they should be out of balance with a democratic dispensation, to the extent of state violence and destruction. This at a time when the national housing policy (Breaking New Ground, 2004) states the ‘need to shift the official response to informal settlements from one of conflict and neglect to one of integration and cooperation’, and has introduced a new funding mechanism for informal settlement upgrading which will ‘maintain fragile community networks, minimise disruption, and enhance participation in all aspects of the development’.

    Why is national housing policy for informal settlements not being implemented in Durban? On the one hand, the eThekwini Municipality’s Integrated Housing Plan is outdated – it seeks to eliminate informal settlements by relocating shack owners who qualify for a housing subsidy to newly developed ‘RDP houses’. These are mostly in large estates nowhere near the informal settlement and are not developed in pace to address the scale of informal settlements. The approach also ignores the fact that many informal settlement residents either do not own their shacks or do not qualify for housing subsidies. This problem is redressed in Breaking New Ground: A Comprehensive Plan for Developing Sustainable Human Settlements, adopted by national Department of Housing in 2004. Its Informal Settlement Upgrading Programme seeks to improve informal settlements in situ rather than relocate to new housing developments, and does not require individual households in informal settlements to qualify for a housing subsidy.

    On the other hand is the anti-poor approach of the KwaZulu-Natal Province. This attitude is captured in the Province’s Elimination and Prevention of Re-emergence of Slums Bill, 2006, a proposed piece of legislation that makes no reference to the cooperative and participatory approach to informal settlements contained in Breaking New Ground. The Slum Elimination Bill speaks of ‘control and elimination of slums’, language used in the 1951 Prevention of Squatting Act of the apartheid government. This was replaced by the Prevention of Illegal Eviction and Unlawful Occupation of Land Act of 1998, which instead focuses on establishing rights for informal occupiers, protecting them from forceful and undignified eviction.

    With the emphasis on control, the Province’s proposed Slum Elimination Bill places onus on land owners to prevent informal occupation and in cases of existing informal occupation, to institute eviction procedures. Herein lies a worrying commonality with apartheid’s 1951 Prevention Squatting Act, which, also gave a role to landowners in the ‘elimination’ of informal settlements.

    In the preparations for Breaking New Ground in 2004, the national Department of Housing conceptualised ‘informal settlement support’ – much of this concept is contained in its Informal Settlement Upgrading Programme, and is in tune with the state’s overall objective of addressing poverty, vulnerability and exclusion. Within this pro-poor framework, KwaZulu-Natal’s Slum Elimination Bill should not be approved. And within this framework, living in an informal settlement should not imply a struggle against forces of elimination. It should imply government support in households’ struggle against the forces of nature – fire and floods – and in the collective struggle to access secure tenure, basic services and housing in situ, without disruption to schooling and livelihoods.

    Marie Huchzermeyer
    School of Architecture and Planning
    Wits University

    Featured post

    Statements on Deepening Zimbabwe Crisis

    Philani Zungu from Abahlali was able to travel to Zimbabwe with activists from other social movements last year. He gave a powerful report back and since then the movement has done its best to keep in touch with shackdwellers made homeless in Zimbabwe and to keep abreast of the worsening situation in Zimbabwe. Abahlali have screened a film on Operation Murambatsvina in various settlements and it will probably be screened again this weekend in the shattered remains of Juba Place and, perhaps also at meetings of the churches sub-committee and of the people developing the youth and women’s leagues all scheduled for this weekend.

    SCROLL DOWN FOR UPDATES

    The Save Zimbabwe leadership arrested

    By The Save Zimbabwe Command Center

    Today, 11 Marc h 2007, around 1200 hours, 110 Save Zimbabwe Campaign leaders and members were arrested in Highfields high density suburb, as they were heading for a prayer rally scheduled to be held at the Zimbabwe Grounds Stadium.

    The arrested leaders include Morgan Tsvangirai (President Movement for Democratic Change), Arthur Mutambara (President MDC), Dr Lovemore Madhuku ( National Constitutional Assembly Chairperson)and MDC secretary general Tendai Biti.

    Others include legislator, Job Sikhala, Elias Mudzuri, Grace Kwinjeh, Sekesai Hollard, Nelson Chamisa (Spokesperson) Honorable Madzimure (MP Kambuzuma), Professor Arthur Mutambara (President), Grace Kwinje, Job
    Sikhala (MP St Mary’s), Crisis Coalition Advocacy Officer Gladys Hlatshyayo, National Constitutional Assembly (NCA Chairperson) Dr. Lovemore Madhuku, Murdock Chivasa (NCA Spokesperson) and provincial NCA leadership.

    Whilst five students from the Christian Students Movement were arrested in Kambuzuma at YWCA where they were conducting a workshop.

    The Save Zimbabwe Campaign had decided to go ahead with the prayer rally because religious gatherings are exempted from the ban on rallies imposed by the Government last month. Lawyers are being denied the right to see the arrested leaders.

    By the time of going to press, Biti, Mudzuri and Mutambara were still detained at Highfields police station, whilst Sikhala, Madzimure, Kwinje whilst Hlatshyayo, Chivasa, Madhuku, Chamisa and others were at the Central Police station.

    HIghfields has been turned into a war zone where churches, shopping centers, beer halls were closed by the police. At Gaza land, armed police stood at the beer hall entrances beating up the patrons who had been besieged inside.

    All roads leading to the high density suburb were barricade by road blocks; cars were heavily vetted before getting into the homestead area which had been turned into a war tone zone.

    By the time the leadership entered Highfields, the Save Zimbabwe Press team spotted 12 police tracks making their way towards the venue, as they beefed up their reinforcement.

    Yesterday, the police spokesperson Wayne Bvudzinjena appeared on national television, Zimbabwe Broadcasting Holdings (ZBH), issuing out grave statements to the people who had plans to support the rally, threatening that they were prepared to employ all means at their disposal to quell up and mop any attendance at Zimbabwe grounds.

    Before the leadership took to Highfields, Assistant Inspector Mhondoro,of the Law and Order Central Police station pounced on the leadership meeting in the city center threatening arrests on the grounds that the
    meeting was not sanctioned. However the leadership remained defiant only to regroup at another venue after three tracks of riot police dismissed everyone.

    The leadership re-grouped in Kambuzuma, at Y.W.C. A conference center, were more than 25 students from the Students Christian Movement were running a workshop on gender issues and the crisis engulfing the education sector. In a clear indication that the communication system
    had been bugged, two Lorries fully packed with armed police officers arrived at the venue about five minutes after the leadership of the campaign had left for the venue. They went on to bundle the students, harassing and threatening them with imprisonment if they did not disclose the route which the leadership had taken and their plan. After
    two hours of interrogation 20 were released and the other five, whose names could not be identified, were locked at Warren Park Police station.

    11 March 2007

    ***********************

    Save Zimbabwe Campaign

    In a typical fascist behavior and reminiscent of Rhodesian political thuggery, the Zimbabwean police thoroughly assaulted leaders of the Save Zimbabwe Convention while in custody contrary to the provisions of the law and international statutes governing the treatment of detainees.

    In addition to the killing of Gift Tandare, a Movement for Democratic Change (MDC) activist by the regime’s murderous police in Highfields on 11 March 2007, reports received this morning indicate that Movement for Democratic Change (MDC) President Morgan Tsvangirai, National Constitutional Assembly (NCA) Chairman Lovemore Madhuku, Nelson Chamisa, the Member of Parliament for Kuwadzana , Mike Davis the Chairperson of the Combined Harare Residents Association (CHRA) and Elton Mangoma the MDC deputy treasurer were tortured in custody.

    There are disturbing reports that Professor Arthur Mutambara, the leader of the MDC pro-senate group is missing and his condition could not be ascertained amid these wanton attacks against the leadership of the Save Zimbabwe Campaign. The same status surrounds Tendai Biti, the secretary general of the anti-senate MDC who was arrested together with Mutambara.

    Save Zimbabwe Campaign, comprising labour unions, students, churches, youths, women’s organizations and political parties had organized the prayer meeting for Zimbabweans to meditate on the social, economic and political problems afflicting the country.

    Among the Save Zimbabwe Campaign leaders arrested were, Nelson Chamisa, Job Sikhala, Morgan Changamire, Grace Kwinje, Willas Madzimure, Alois Dzvairo, Madock Chivasa and Mike Davies. Also arrested were Gladys Hlatywayo, Manex Mawuya, Rashid Mahiya and several students from the University of Zimbabwe.

    The Save Zimbabwe Campaign is utterly shocked at the heavy-handed manner in which police quashed what was meant to be a peaceful prayer session. We are further shocked by the brazen assault of Save Zimbabwe Campaign leaders, including MDC leader Tsvangirai. Harrison Nkomo, a human rights lawyer was also brutally assaulted on top of being denied access to give legal assistance to the arrested activists.

    ***************************

    Save Zimbabwe Information Center
    Issued on 12 March 2006

    As the Save Zimbabwe Campaign, we view yesterday’s events as yet another testimony to a deepening national crisis. The death of Tandare, arrests and torture of Save Zimbabwe Campaign activists open yet another sad chapter in the country’s unfolding history. It is unfortunate that precious lives continue to be lost for the furtherance of selfish political interests.

    Lawyers of the Save Zimbabwe Campaign who visited the detainees report that Tsvangirai fainted three times after severe beatings by the police while Madhuku passed out and was rushed to Parirenyatwa Hospital in Harare for urgent medical attention early this morning.

    In Highfields, the police last night were assaulting ordinary citizens in the suburb for allegedly supporting opposition politicians and the organizers of the rally. It is reported that several people were injured during the melee instigated by the State.

    In the interests of peace and national development, we call upon the Minister of Home Affairs to unconditionally release all the political detainees. Our position on the development of Zimbabwe remains that we need a new democratic constitution leading to free and fair elections in 2008. Shedding blood of innocent Zimbabweans is retrogressive and inimical to the virtues of the liberation struggle.

    As the nation mourns another lost life, the people of Zimbabwe and the international community are urged to continue rallying behind the cause for a democratic and prosperous Zimbabwe. The death of Tandare and yesterday’s arrests will take the people’s agenda forward. Our just, legitimate and peaceful struggle will not cease until a new, free, prosperous and democratic dispensation unfolds in Zimbabwe.

    ***********************************

    Feminist Political education project statement

    This weekend a young man was shot and killed by police in Harare, Zimbabwe. He was on his way to a prayer meeting. He was committed to joining others for peace, for change and respite from the political and economic problems facing his country.

    His crime: being an activist for the opposition Movement for Democratic Change, MDC.

    Rest in Peace Gift Tandare. Zorora Murugare.

    Today, his family is huddled over the empty breadth that was his life. His family is mourning the loss of a son, a child, maybe a father, a brother, a friend, definitely a life. A loved one.

    His death is the result of repression. His grave will be a marker of how rights denied, end.

    In Zimbabwe, we live in a country where police run riot. Where our rights to lawyers and doctors are denied because certain elements of the state want to hold on to a kind of power that they can see they no longer have.

    110 people are being held in police cells across the country. Many of them are leaders of the opposition political group, the Movement for Democratic Change. They have been beaten up. Some of them in a critical, life threatening way. We are worried about more graves.

    20 years ago Robert Mugabe ordered his forces to murder women, men and children in Matebeleland. I am reminded of that shameful Gukurahundi past today. A past that seeks to eliminate difference and disagreement, rather than harness it for all it is worth. A past that discards human life as if it were nothing.

    But Mugabe will not stand alone when the time for judgement comes, and it shall. All other African leaders who have applauded his excesses will finally feel their guilt. Especially you, who had the power to intervene but chose instead tosay, “Zimbabwe, it’s an internal issue.
    Zimbabweans, what are they doing for themselves?”

    My lesson: May we, the Feminists of Zimbabwe, never let you stand alone in the face of brutality. May we the feminists of Zimbabwe sing out for you loud and proud, for your peace and freedom. And may we know that we are because you are, so we can be.

    **************************

    Detention diary…day 3

    2 youth activists shot and seriously injured

    2 MDC activists were shot at point blank around 4 am today at the house of Gift Tandare in Glen View. The two, Nickson Magondo and Naison Mashambanhaka were among a group of 500 mourners observing a vigil, consoling the Tandare family, a common practice at funerals in Zimbabwe. The two are recuperating in hospital.

    Detainees health failing…as police refuse them food

    We have received disturbing reports that various leaders and activists in detention at Braeside police station have gone for 2 days without eating or drinking as the police refuse the Save Zimbabwe team to take them food. Sekai Holland at Avondale Police station, Nelson Chamisa at Highlands police station, Lynette Mudehwe at Southerton Police station have all complained of illnesses and have not been attended to as the police keep them in-communicado. Grace Kwinjeh, who was seriously assaulted, is among the Braeside detainees who have been denied food for 2 days. Lovemore Madhuku and Morgan Tsvangirai remain in acute pain due to the torture they suffered at the hands of the police.

    At Marlborough, the Save Zimbabwe press team spoke to a female detainee who could only be identified as Faith from the Movement for Democratic Change (MDC) structure. She was heavily tortured and is nursing swollen legs and arms. She is eating food whilst lying down since she can not manage to stand on her own feet. All along she has been held in solitary confinement.

    A journalist who could only be identified as Tendai from Reuters is also detained at the police station. Tsvangirai Mukwazvi, former Daily News photographer is detained at Avondale police station along with Mutambara and other detainees, who are being denied access to health care, legal id and food.

    Gift Tandare’s funeral arrangements.

    The MDC has declared Gift Tandare a national hero and is joining the family to organize the funeral procession. Dates and the place for his burial have not been finalized, but the two possibilities are that he could be buried in Harare or in his rural village in Mt Darwin.

    Police raid ZCTU offices

    Police in Harare have raided Zimbabwe Congress of Trade Unions (ZCTU)offices located at Chester House in the Central Business District. The Criminal Investigations Department raided the offices in search of what they termed subversive material. Police have detained employees
    at their offices refusing them exit from Chester House.

    ***************

    Dear Women of Zimbabwe however it is that you may positioned right now,

    As the commemorations for International Women’s Day draw nearer, I am
    inspired to write to you all about the legacy Sekai Holland and Grace
    Kwinjeh have made to our movement in ZImbabwe. I realise that in their
    immediate roles they are largely seen as representatives of opposition
    politics, but that is not where they have always been located, and it
    is certainly not what I wish to focus on through this email.

    Last night I spent a long time in a telephone conversation with
    Isabella Matambanadzo. She told me of her visit to both of them on
    Tuesday when they were admitted in the late
    afternoon to Avenues clinic. Her intention was to offer any kind of
    help, be it with making calls to family and friends, just chatting or
    in the spirit of sisterhood that the women’s rights movement of
    Zimbabwe has taught us, just being there.

    Sekai Holland is over 60. Her mother founded the Association of
    Women’s Clubs in 1938, one of the oldest women’s organizations in
    Zimbabwe. Sekai built on that tradition. She fought the battle at
    the high court for the rights of non-Zimbabwean men who married
    Zimbabwean women to have citizenship. at the time the law was
    discriminatory in favour of zimbabwean men whose non zimbabwean
    spouses received citizenship quite automatically. Her battle against
    the Citizenship Act was an important win for women’s rights to equal
    treatment before the law and opened up the way
    for many more women’s equality cases to come before our domestic courts.

    Details are available from an IPS publication that is fortunately on line:
    http://ipsnews.net/racism_gend/racism_gen.pdf

    Sekai was influential in supporting demands for the creation as early
    as 1981 of the Ministry for Community Development and Women’s Affairs.
    It was envisaged as a national mechanism for women’s advancement. The
    Ministry provided an invaluable platform for debate on women in
    development issues. It was also a critical force in the reealistion
    that the women’s movement, operating from outside of the ministry and
    government space, could advocate for political demands for women’s
    emancipation.

    We all know the Grace Kwinjeh, the journalist and the opener of spaces
    in the media for the women’s movement, even at a time when those
    spaces were monitored and shut off for other civis formations. We
    know the Grace Kwinjeh who strategised with us in pushing the NCA
    male leadership and caucusing for a women from the movement to head
    the Assembly.

    We all know and have worked alongside Grace and Sekai and the other
    comrades who are now in hospital brutalized.

    I am told that last night ztv aired an advert for the Ministry and
    Unifem inviting
    Zimbabweans to commemorate international women’s day on March 17. The
    “end impunity for violence against women” slogan, with its the take
    off point as the domestic violence bill could not have been more
    poignant.

    Grace and Sekai were brutalised while in police custody, hearing about
    their trauma and their bodies in hospital once again shows us how much
    the patriarchal state machinary, in this instance the police, has
    mirrored the battering husband.

    So I sit here, far away from you all, with a sinking heart as I hear
    about the invitation to a ceremony to mark international women’s day
    to end violence. Because in the face of this we are living state
    perpetrated violence. So I sit here and have to question … How do you
    go and and spend money on buying the official regalia and being
    collected from the usual pick up points …while sekai, grace and
    other comrades of our movement have been battered. And the formal
    systems of women’s protection, the women’s movement, has kept so
    alarmingly quiet.

    The report of the Doctors say: the injuries documented were consistent
    with beatings with blunt objects heavy enough to cause:
    • Multiple fractures to hands, arms and legs
    • Severe, extensive and multiple soft tissue injuries to
    backs, shoulders, arms, buttocks and thighs.
    • Head injuries and laceration
    • Ruptured bowel and trauma to the abdomen.
    • A split right ear lobe sustained by Grace.

    I have since heard that prolonged detention without accessing medical
    treatment resulted in severe haemorrhage in Morgan Tsvangirai leading
    to severe anaemia which warranted
    a blood transfusion. Injuries sustained by Sekai Holland were also
    worsened by denial of timely access to medical treatment which led to
    an infection of deep soft tissue in her left leg. Denial of access to
    treatment in another individual suffering from hypertension has lead
    to angina.

    Whatever our personal views and emotions, especially about their
    present political location, there is no denying Sekai’s and Graces
    contribution to feminism and its development in Zimbabwe.

    An appropriate response this year with the themes of women’s day would
    be for political peace and the machines of violence, be they public or
    private, to stop brutalising women. the WOZA women have reaptedly
    given testimony of their dire treratment in jail cells, as have the
    women in the union formations.

    Let’s get beyond the rhetoric of celebrating an international day with
    pomp and costume, and demand our rights to peaceful societies, as so
    boldly outlined in the Beijing Platform for Action.

    If our movement is really not partisan and does not make choice based
    on political location, but rather on the true principles of feminism,
    can we show it? This violent machine that beat up Grace, Sekai and
    other sisters, called them “whores of Tsvangirai” and “Prostitutes of
    Bush and Blair”. What does our individual and collective silence mean
    in the face of such an assault on womanhood by patriarchal forces?

    Kind Regards

    Shereen Essof

    ****************

    Below is an email sent by one of the young women who attended the
    femnist political education project workshop that we held last month.
    She lives in a suburb of Harare called Glenview. This has reminded me
    that the need for citizen journalism at this point is crucial.

    ———————–

    guys i never thought that living in Glen View will have its
    disadvantages but our area has been without electricity for the past 5
    wks and you can imagine.beside that like i know you all see about the
    MDC rallies and stuff but the real thing guys is that people are being
    beaten like no body’s buzness in ma hood.like since sunday a convoy of
    15 military policevehicles with about 20 soldiers in each convoy have
    been harrasing people in ma area .on monday i was awoken by gun shots
    being fired at the public who were returning from mourning a certain
    MDC activist and like the activist resides like 3 streets from mine
    and like in ma hood there aint no magesti so like people are doing
    JAMBANJA [weed] in ma hood @ nite using the cover of darkness as
    security.im scared guyz coz about 2 guyz were shot one pa ankle & the
    other pa shoulder .and like the guy who was killed musiwe [last]
    sunday was supposed to have been buried on tuesday kumusha kwavo [at
    his rural home] but the Mp of Bindura [rural area] said she did not
    want him buried there.the MDC people took advantage of that and said
    the guy is to be buried pa Granville cemetry [in harare] after the
    president of the party has been released on saturday.they say that pa
    Mbudzi ndipo pa Hereos Acre chaipo [he is a hero but can’t be buried
    at the national hero’s acre] coz masses are there including ma
    personal hereo yea im talking about ma departed Queen, mis her big
    time always but well such is life you lose some and you gain some @
    least i,ve gained you guyz.I hope you all heard about the petrol bomb
    thrown at police officials guyz high density surburbs can be
    terrifying when they choose to.for those who go kuma [to the]
    beerhalls people are being thrashed like ripe mapfunde and the
    thrashers will be like “so thingz are ok for you since you can afford
    to come and relax munhu wese pasi [and sit here] for those who do not
    know the military police they have ordinary uniforms but they wear RED
    BERETS so watch out

    *************

    The Daily Catalyst

    March 16, 2007

    Detention Diary 6

    The Zanu PF led government which shot Gift Tandare dead on 11 March
    2007 is denying family members and relatives the body of the deceased.

    Church service at Tandare’s funeral…

    17 Christian Alliance pastors held a church service at the home of the
    late Gift Tandare in Glen view. The pastors argued that no man has the
    right to take away human life since it is only God who gives life;
    hence He is the only one who has the right to take one. The pastors
    maintained that they will continue with peaceful prayer meetings
    nation wide till the will of God prevails.

    Inside the Hospitals…

    At the Avenues clinic, Grace Kwinjeh, the deputy secretary for
    International Relations underwent a scan and blood clots were detected
    in her brain. Grace has been suffering from memory loss.

    Elton Mangoma, the party deputy treasurer suffered a fractured knee
    cap, he is recovering from an operation which was carried two days
    ago.

    Released….

    The 18 MDC political activists, who were arrested in Bulawayo
    yesterday after they took to the streets protesting against police
    brutality of the Save Zimbabwe Campaign leadership, were released in
    the evening. Among the arrested included the MDC senior leadership of
    Samuel Sipepa Nkomo and Lovemore Moyo. They will be appearing at the
    Presswood Court this morning in Bulawayo. They have however vowed that
    they will continue with the resistance campaign.

    Alert

    The Save Zimbabwe Campaign leadership vows to continue with its
    defiance campaign to pressure the ZANU PF government to agree to a
    new, people-driven and democratic constitution before the 2008
    presidential plebiscite.

    Addressing a press conference held at the Bumbiro House today, leaders
    of the Save Zimbabwe Campaign deplored police brutality saying that
    the heavy-handed manner through which police responded to a peaceful
    prayer rally reminisces an unrepentant dictatorship that has no
    respect for people’s civil and political liberties.

    “As leaders of our various organisations under the umbrella of the
    Save Zimbabwe Campaign, we call upon the people of Zimbabwe to
    continue with the inevitable pursuit for democratic change against
    repressive odds”, read a statement released to the press.

    Leaders of civic and political formations, including Lovemore Madhuku,
    chairperson of the National Constitutional Assembly, Tendai Biti, the
    MDC Secretary-General, Jonah Gokova, the Co-ordinator of the Christian
    Alliance and Arthur Mutambara, the MDC (Pro-Senate) President spoke
    passionately about the need for an urgent solution to the
    ever-deteriorating situation in Zimbabwe.

    The MDC (Anti-Senate) president, Morgan Tsvangirai who sustained
    severe injuries from police attack was only discharged from hospital
    at around 9 am and could not make it for the press conference. The
    press conference was attended by activists, civil society leaders,
    journalists and diplomats.

    CHRA STATEMENT 16 March 2007

    The Combined Harare Residents Association (CHRA) appalled by the
    spiraling descent of our society into an abyss of violence and
    destruction. We hold the Mugabe regime that has created our crisis
    through its incompetent and nonsensical policies and its brutal
    repression of our legitimate opposition to their insanity.

    The violence witnessed in Marimba, Highfields and Glen View and
    elsewhere is a regrettable but understandable reaction by citizens to
    the brutal response of the occupied State to our grievances.

    In the complete absence of non-violent conflict resolution mechanisms,
    coupled with the refusal of the regime to be held accountable for its
    policies and actions, we fear that the violence will escalate. Indeed
    the belligerent statements from the regime indicates that they are
    keen to put into practice their ‘degrees of violence’ that they seem
    to be so proud of and that fill us with dread for the future of our
    beloved Zimbabwe.

    Residents of Harare have been exploited by an illegal Commission that
    steals our resources on a daily basis. In spite of the rulings by the
    Supreme and High Courts, the regime continues to hold onto the city
    and to distribute the stolen resources to its cronies. We have been
    very patient and dedicated to seeking a non-violent resolution of our
    local crisis. However our members and residents have reached breaking
    point and many have started to reject our policies as ineffectual. We
    call upon the regime to correct its ways and to respect our rights.
    Their current route will only lead us into yet more suffering, misery
    and violence.

    Featured post

    Shack Shame

    Shack Shame

    by Mpumi Zulu

    The lives of people who live in informal settlements are often without dignity

    According to the national Department of Housing, there are over 2 million shacks of different shapes, colours and sizes in South Africa. The living conditions of people who live in shacks are terrible, because they have no electricity, running water or toilets. These are the basic rights of any South African citizen.

    But for about seven million people, like Jane Walaza, life goes on and they make the best of what they have. Jane, 72, has lived in Makawosi Squatter Camp in Germiston for 11 years. She used to work in the plush suburbs of Johannesburg. After retiring she decided not to go back to Matatiele in the Eastern Cape because her children and grandchildren had also moved to Johannesburg.

    Jane admits that the choice of staying in a Jo’burg shack was not an easy one because she enjoys rural living. “Unlike where I come from, here my neighbours are right in my face. When they play radio, I have to listen to it too,” she says. She also says the poverty in informal settlements in shocking and upsetting. “We used to plant fruit and vegetables but here poverty seems extreme because the only way to get food is to go to the shops,” she adds.

    According to the spokesperson of the Department of Housing, Monwabisi MaClean, many people come to towns and big cities in search of work. The reality is, however, that there are no jobs and little money to afford accommodation.

    A shack can be free if you build it yourself in a new informal settlement. But in an established informal settlement you may need to buy a plot or stand for anything between R300 and R800 or rent a shack. Renting a shack may cost R50 to R100 a month.

    Renting a backroom in the townships is anything between R200 and R450, while living in a flat in town cost about R800 and R1500 in Johannesburg. A shack is by far the cheapest accommodation, unless you are housed in an RDP house. Although living in a shack is cheap it is also very uncomfortable and even dangerous. In Cape Town alone the total number of shacks destroyed by fire in 2005 was over 8 000, according to the city council.

    S’bu Zikode, the president of the Abahlali baseMjondolo movement of South Africa, says the conditions are horrible. Zikode, his wife and four children live in the Kennedy Road informal settlement, in Durban. The total number of people in his squatter camp is 7 000 and they all share six toilets and 5 taps that are often blocked, says Zikode.

    “People often go to the nearby bush to relieve themselves. This very often makes women and children vulnerable to rape,” he says. “The stinking toilets have worms around them and hungry children often mistake them for rice and eat them,” he adds.

    But besides the physical dangers there is the unseen emotional brunt and stigma of living in a place that does not have something as simple as a flushing toilet.

    Violet Kotu, 23, from a squatter camp in Kliptown says people can make life tough for them at times. She says at school she was often looked down upon because she was from an informal settlement. “This, at times, would lead me to believe that only losers lived in shacks and that we were not allowed to have opinions or have dreams of being successful one day,” adds Violet who has been living in a shack for the past 12 years.

    Violet says when she grew up and began to fall in love, other girls were amazed when she dated a boy who lived in a house. “To them that was very strange. They expected only boys from squatter camps to have an interest in me,” she says.

    A social worker for over 20 years Norah Ngobeni says besides being a basic need, shelter is very important as it gives one a sense of belonging, dignity, privacy, stability and pride. “Without these you may feel like you are walking naked on the streets and sometimes you do things that lead people to conclude that you are mentally disturbed,” she says.

    Norah says when shack dwellers are amongst themselves they don’t feel like lower humans. The problem only starts when they begin to compare themselves with others. “They begin to feel like they are not part of society and sometimes they feel like they don’t have power like people who have homes,” she says.

    There are some people who do take pride in their small homes. Like Pinky Nkonde, 35, who also lives in Makawosi Squatter Camp with her three-month-old baby girl. She tries her best to keep the place clean and tidy and even decorates it. Her neighbours also take care of their homes.

    The government, however, says that it would like to get rid of all shacks by 2014. “Since 1994 we’ve built more than 2.1 million RDP houses at a cost of R37 billion. We have a plan to build more,” says Monwabisi. The government plans to provide homes that people who do not need permanent housing can rent. These homes will be built in cities and will cater for different income groups.

    But political economist, Pheko Mohau, does not think building new homes is the only solution. “Building RDP houses helps but the government needs to look at the root of the problem, which is unemployment. Without work people won’t be able to pay for services at their new homes and they will be involved in crime,” she says. “Giving people accommodation should go hand in hand with job creation,” she concludes.

    What Are Your Rights If You Live in a Shack?

    • If you build a shack on land that belongs to the Municipality, you can be removed from the land, but the Municipality must give you notice and also provide you with alternative accommodation.
    • The Constitution of South Africa guarantees you the right to have access to housing. It also says the government must pass laws and take steps, within its available resources, to ensure that people have access to land, housing, and security. This is called progressive right.
    • Just like any citizen, you have a right to exercise your freedom of expression so you are allowed to stage legal and peaceful marches to express your complaints to municipalities.

    USEFUL NUMBERS: S’bu Zikode can be contacted on 083 547 0474.

    ***************************

    ‘Move: A magazine for women’ is one of the top selling magazines in South Africa. It is sold all over Southern Africa as far north as Kenya. Abahlali have also featured in other mass market magazines like Drum, Huisgenooit, and You in English, Afrikaans and isiZulu as well as popular newspapers like UmAfrika, Isolezwe etc and on popular radio like iGagasi FM, Ukhosi FM etc. Abahlali is a genuinely popular mass based movement with a powerful presence in the lifeworld of its constituency.

    Featured post

    When Choices Can No Longer Be Choices

    by S'bu Zikode *

    In South Africa everyone will say that life is not fair for the poor. Even the rich will say that what they are doing is for the poor. They will even say this when they are just finding more and more excuses to give more of the country's money to themselves to build all these very expensive things that they have seen in those few rich countries on TV. They want to have those things here so that they can feel themselves to be 'world class'. Meanwhile our children, who, like the children in Haiti and Kenya and Zimbabwe are never on TV, are burning in shack fires and dying from diarrhoea around the corner.

    One of the truths that people want to hide from is that in this country where everything is done in the name of the suffering of the poor life is good for the masters of the poor but it is very unfair for the servants of the poor. I have suffered in my own society and in my working place for standing strong for the poor. I am not the only one. We have lost count of how many members of Abahlali baseMjondolo have been arrested and beaten even though not one of us has ever been convicted of a crime. I have also had my turn to be taken from my family and beaten in the Sydenham police station. People in and outside the government who want to be the masters of a long journey to a better future for the poor have gone into the same rage and told the same wild lies about us when we have only asked to think and speak for ourselves. I have also suffered this. Every uMhlali with a job who has stood strong for the poor in the media has almost lost, is losing or has already lost that job. Now my turn has come.

    I worked at a petrol station. I have invested so much of my energy and my time at this petrol station trying to the best of my ability to prove that that I can be a productive and profitable member of this society. I used all my knowledge, my historic background to work honestly and humbly and to communicate well with co-workers and customers.

    In 2005 shackdwellers and other marginalised people in Durban formed Abahlali baseMjondolo to protect the interests of the poor. I decided to stand strong with Abahlali. The movement became massive. It carried us like a powerful river. The days of my life became strenuous. Every time that Abahlali organised a protest, or I attended a conference or a workshop, or we were in the newspapers or on radio and TV, or even if I happened to have an article in a newspaper, my employer, the owner of the Petroport River Horse Valley, called me for a disciplinary hearing. At these hearings the charges were always made up and they always went away in the end. But what did not go away was that he would threaten me for speaking the truth about the life that the poor are living in this world. He told me clearly that he could not have me embarrassing the mayor.

    As the movement got stronger and stronger I suffered more and more harassment from my employer. He is the head of the Durban Chamber of Commerce, a close friend of the mayor and a well respected business man. I felt more oppressed at work in that smart building than I did at home in my shack. But my colleagues gave me strong support. They had a firm belief that I would laugh at this poison and stand firm for myself and for the liberation of all us at work like I was doing in my community. This kept me strong and I therefore owe them a lot. I was not alone. As the poor we are often on our own but as people we are closely together.

    Things went very sour early this year. I attended a customer complaint like I did every day as it was part of my duties. He shouted at me and accused me of holding political meetings with strangers during working hours. I explained that the strangers were his customers who had come to have their car filled with petrol and washed. He then accused me of over using the telephone for my political activities with shack dwellers across the country. I told him that I have always used my own cell phone and the money that should be for my family for these calls. He then accused me not returning a call from him. This was true. He had phoned me at night in my time with family and I had not returned this call because he does not own my time at night. Then he told me that I am no longer responsible.

    On Monday 5th February he shouted at me to come to his office as normal. He finally told me that he was getting too stressed about having me there and that he could no longer trust me or work with a person like me. I told him that I could not stop the work that I was doing with Abahlali in my own time. At 16:00 p.m. he gave me a resignation letter and forced me to sign. The choice to resign was not my choice. That choice was taken from me. I had to choose from no choice. I did as he commanded without thinking for my children, my family and the implications for how I can continue to work for the people that I serve without even money for airtime. In 2005 I had committed to stand strong with Abahlali. I stayed with that decision. My choice in 2005 was also for my family because my family are also poor. But in 2007 my choice to sign that form put my community ahead of my family. This is a very, very hard thing.

    I know that there are many patriots like myself who want to work to make the poor strong but who cannot commit themselves to their communities. This is not because they don't have time. It is because they fear loosing their jobs and they fear other kinds of threats – threats from the police, threats from councillors. Today I brave losing my job like it is any other day. It takes a strong leader to choose from no choice. But for a long time I will continue to pray for the tears that I saw on the day that I signed the letter to resign. The comforting SMS's, the powerful messages and support I received will always be in my heart till the dawn of justice for all.

    But for that dawn to come we must accept the truth that in our country, a country where everyone says that what they are doing is for the poor, a country where the law gives everyone the right to gather and to speak, in reality the poor have to make their choices from no choice. Business and politics, the left and the right are all united in their demand for our silence. We know the truth of what has been decided about our place. We will continue to be assaulted by the police on the way to an interview on a radio station, we will continue to be assaulted by the police at the door of the television talk show to which we have been invited, we will continue to have our marches stopped, organisations and people that have never supported us will continue to misuse our struggle to make themselves look good, the NGOs that want us to be silent while they speak for us will continue to call security if we try to bring our university to their university like they did on 3 December, the police will continue to shoot at us and even kill us like they did at the Siyanda road blockade on 4 December. Struggle is hard. Having your life destroyed by forced removal to a formal jondolo far outside the city is harder.

    Every day we are maturing in our struggle. We were always many but every day we are more. The red river that carried me will carry us all on and on through the shooting and the lies and the unfairness and all the choices that we will have to make without choice.

    * S'bu Zikode is the elected president of Abahlali baseMjondolo. He is now unemployed.

    Featured post

    A PIE in the Face – Comments on the Government’s New Eviction Legislation

    Here are three comments on the government’s “Prevention of Illegal Eviction from and Unlawful Occupation of Land” Amendment bill. Shortened to PIE, the bill seems to be a manifesto for landowners, and a kick in the teeth for shackdwellers. These comments are by Stuart Wilson, of the Centre for Applied Legal Studies at Wits University here, Jean du Plessis of the Centre on Housing Rights and Evictions, here, Koni Benson of the International Labour Research and Information Group (ILRIG) (here) and Marie Huchzermeyer of the University of the Witwatersrand (here).
    ———

    Comment on General Notice 1851 of 2006

    PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND AMENDMENT BILL 2006

    by
    Stuart Wilson

    CENTRE FOR APPLIED LEGAL STUDIES
    UNIVERSITY OF THE WITWATERSRAND

    30 January 2007

    Contact details:
    Mr. Stuart Wilson
    Centre for Applied Legal Studies
    University of the Witwatersrand
    Private Bag 3
    WITS 2050
    011 717 8609
    stuart.wilson@wits.ac.za

    A INTRODUCTION

    1. The Centre for Applied Legal Studies (CALS) is a non-profit research, advocacy and public impact litigation institute attached to the University of the Witwatersrand, Johannesburg. CALS’ comments on the Prevention of Illegal Eviction from and Unlawful Occupation of Land Bill, 2006 (“the PIE Bill”) are based on its extensive engagement in housing rights research in, and public interest litigation on behalf of, poor, informal and inadequately-housed urban communities in the Johannesburg area.

    2. CALS’ recent research work has encompassed the following housing rights-related themes:

    • The impact of urban renewal on access to housing and basic services for poor and inadequately housed communities in the inner city of Johannesburg;

    • The structure and dynamics of informal settlement populations; and

    • The impact of large-scale forced evictions and/or relocations on access to economic opportunities and social services in informal communities.

    3. The housing-related legal assistance CALS has provided to its clients (which range from individuals to communities of over 6000 people) has encompassed:

    • The defence and prevention of mass evictions, without the provision of alternatives, at the instance of organs of state as part of urban planning and regeneration initiatives;

    • Efforts to compel the Johannesburg municipality to effectively implement informal settlement upgrading policies;

    • The defence and prevention of evictions, without the provision of alternatives, at the instance of private landowners;

    • The reversal of illegal water disconnections effected both by private landowners and by organs of state; and

    • The defence and prevention of evictions at the instance of the Johannesburg municipality as part of its efforts to recover incorrectly calculated debt.

    4. CALS therefore comments on the PIE Bill from an informed perspective and trusts that its submission will enhance the quality of the public discussion the Bill will undoubtedly continue to generate.

    B THE PIE AMENDMENT BILL

    Section 3 of the PIE Bill

    5. Section 3 of the PIE Bill proposes that the application of the PIE Act be significantly narrowed. If the Bill is passed, the PIE Act will no longer apply to:

    • Tenants and persons who occupied land “in terms of any other agreement” so long as the tenancy or other agreement has been validly terminated; and
    • Persons who occupied land as its owner and have lost ownership of the land.

    6. The explanatory memorandum states that this amendment is necessary in order to reverse the decision of the Supreme Court of Appeal in Ndlovu v Ngcobo; Bekker v Jika, (“Ndlovu”) which confirmed that the PIE Act applies to “holders-over” (i.e. persons who took occupation of land with the consent of the owner and/or the person in charge, which consent was subsequently withdrawn).

    7. The memorandum characterises the impact of the Ndlovu decision as undesirable and states that “the Act should cover only those persons who unlawfully invade land without the prior consent of the landowner or the person in charge”. The memorandum does not say why the Act’s application should be restricted in this way.

    CALS submits that Section 3 of the PIE Bill will create undesirable and constitutionally unjustifiable inequalities between groups of occupiers who are equally in need of the PIE Act’s protection. It will increase the likelihood and frequency of evictions which lead to homelessness. It may enable organs of state to evict occupiers of state-owned land without considering their needs for alterative housing.

    8. The PIE Act is not just any legislation. It is constitutional legislation. Its purpose is to give effect to Section 26 (3) of the Constitution of the Republic of South Africa, 1996. Section 26 (3) states that:

    “No-one may be evicted from their home, or have their home demolished without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions”

    9. “Arbitrary evictions” may be defined as evictions which take place without due process and/or which take place for the wrong reasons. The constitutional injunction to consider “all the relevant circumstances” is an attempt to ensure that considerations counting for and against the execution of an eviction in a given context will be weighed carefully and judiciously before a person is deprived of access to their current home, or, indeed, to any permanent home. In Port Elizabeth Municipality v Various Occupiers (“Port Elizabeth Municipality”) the Constitutional Court had this to say on the purpose of the provision:

    The judicial function [in adjudicating an eviction application] is not to establish a hierarchical arrangement between the different interests involved, privileging in an abstract and mechanical way the rights of ownership over the right not to be dispossessed of a home, or vice versa. Rather it is to balance out and reconcile the opposed claims in as just a manner as possible taking account of all the interests involved and the specific factors relevant in each particular case.

    10. The PIE Act, correctly, in CALS’ view, identifies a number of circumstances which must be taken into account before a decision is made. These are:

    • How the occupier (s) came onto the land in question;
    • How long the occupier(s) have lived on the land in question;
    • The needs of elderly, disabled, child occupiers, and occupiers in female headed households; and
    • The availability of suitable alternative accommodation.

    As Port Elizabeth Municipality made clear, other relevant contextual factors can and must, where appropriate, be taken into account if doing so would tend toward a just outcome.

    11. In essence, what the PIE Bill says is that if an occupier is a lease or bond defaulter, or occupies land in terms “of any other agreement” (a provision so frighteningly broad its impact can only be guessed at) the mandatory circumstances set out in the PIE Act no longer matter. It does not matter if a land owner wants to evict an elderly, disabled, female lease or bond defaulter supporting 5 children on to the streets in circumstances where she is unlikely to find anywhere else to live, at least in the short term. All that matters is that she defaulted in her lease and/or bond agreement. Moreover the PIE Act’s mechanisms for mediation and/or for the joinder of the municipality as housing provider of last resort are not to be extended to this person, simply because she is a lease or bond defaulter.

    12. The PIE Bill envisages that a court will be able to rule that the PIE Act applies to bond or lease defaulter if it is satisfied that “the plight of a person is of such a nature that any act or omission by the owner or person in charge of land was calculated to avoid the application of” the PIE Act. This provision is very vague. It does not state what constitutes evidence of an ulterior motive, which is ordinarily very difficult to allege and prove, especially in application proceedings in which many occupiers are unlikely to be familiar with what is required to prove bad faith on the part of the landlord.

    13. However, the fundamental point is that the good faith of an owner or landlord is hardly sufficient to guarantee the fairness of eviction proceedings brought against a bond or lease defaulter. What is required is a consideration of the social and economic circumstances of the occupier in question as well as the obligations that the state may have to provide that occupier with some form of alternative accommodation, at least in the short term. The PIE Act, as it currently stands, creates the framework for such a consideration. The PIE Bill seeks to place lease and bond defaulters beyond the protection of this framework. It does so arbitrarily.

    14. CALS submits that the PIE Bill creates a situation which the Constitutional Court has expressly prohibited. It establishes “a hierarchical arrangement between the different interests involved [in an eviction application], privileging in an abstract and mechanical way the rights of ownership over the right not to be dispossessed of a home”. The PIE Bill says that, assuming the person seeking the eviction is acting in good faith, the existence of a lease or bond agreement (or “any other agreement”) on which the occupier has defaulted is the circumstance of paramount importance. In practice, the narrowing of application of the PIE Act is likely to convince Judges and Magistrates across South Africa that the legislature intends that this is the only relevant circumstance they need to consider before granting an eviction order.

    15. This result would be unconstitutional for two reasons. First it would fly in the face of the constitutional injunction to consider all relevant circumstances before coming to a decision. Second, it would create an arbitrary distinction between equally very poor and vulnerable people who are party to lease agreements and those who are not. There is no reason to suppose that a tenant will ordinarily be any less likely to be rendered homeless by an eviction than a non-tenant. What matters is socio-economic status, not abstract legal status. The PIE Bill asks the courts to ignore socio-economic status and concentrate on a highly formalistic distinction between two legal statuses.

    16. CALS has represented many hundreds of people against eviction at the instance of private landowners and organs of state. Many have been so-called “land invaders” – people who occupy land unlawfully because they simply have nowhere else to go. Others have been lease and bond defaulters. Because of the complexities of population movements and social change in urban areas over the past several years, many people live on the same land or in the same buildings as so-called “land invaders” in terms of a lease or bond. Alternatively, they live on different land but are often in exactly the same socio-economic position. Usually they are unemployed, informally employed or, at best, employed on the very lowest rungs of the formal labour market. They earn incomes which do not enable them to sustain a bond or a lease in accommodation anywhere within a reasonable distance of where they actually work.

    17. Many of the rent or bond defaulters CALS has represented are people who have defaulted on their leases or bonds precisely because their socio-economic status has declined, either because they have been retrenched from their jobs, a major income earner in the household has died (often of HIV/AIDS) or their informal livlelihood strategies have been thwarted by an increasingly formalising and repressive local state, which perceives informal economic activity to be at odds with urban regeneration.

    18. CALS submits that the PIE Bill, if passed, may allow many of these peoples’ housing needs to be completely ignored in court proceedings for their eviction, simply because, through no real fault of their own, they have defaulted on their lease or bond. The local municipality will not be asked to consider the provision of alternative housing (even on an emergency basis). A court will be effectively blind to the possibility that its order will leave the occupier(s) homeless.

    19. In this regard, the PIE Act, as it currently stands, serves an important accountability function. It envisages that if a landowner is entitled to an eviction, but that eviction would leave the occupier homeless, a municipality will ordinarily be required to assist in the provision of alternative accommodation, or at least justify to a court why it cannot provide an alternative on the occupier’s eviction.

    20. This was the situation in Modderklip East Squatters v Modderklip Boerdery (Pty) Ltd (“Modderklip”) , where the Supreme Court of Appeal prevented the execution of an eviction order in respect of 40000 occupiers in circumstances where the Ekurhuleni municipality would not provide alternative land to the occupiers. The Court was dissatisfied with the municipality’s explanation for its unwillingness to come to the occupiers’ aid.

    21. All of the occupiers were very poor people who would have been rendered homeless, at least in the short term, if they were evicted. The court held that “to the extent that we are concerned with the execution of the court order, Grootboom made it clear that the government has an obligation to ensure, at the very least, that evictions are executed humanely. As must be abundantly clear by now, the order cannot be executed – humanely or otherwise – unless the state provides some land.” (emphasis added)

    22. In these circumstances, the Court stayed the eviction of the occupiers and required the state to compensate the owner for the loss of the use of the occupied land for as long as it failed to provide an alternative. In effect, the municipality was held accountable for the situation for its failure to fulfill its constitutionally mandated function as housing provider of last resort.

    23. It is true that the occupiers in Modderklip were not tenants. However, it is hard to imagine that the Supreme Court of Appeal’s ruling would have been unfair or inappropriate if the occupiers in Modderklip were defaulting tenants or bond holders.

    24. The PIE Bill as it stands allows municipalities to escape responsibility for dealing with the very real housing crises which can be caused by evictions. Even where the municipality itself is seeking an eviction as landlord in terms of a validly cancelled lease, the PIE Bill does not envisage that it will be required to assist the occupiers it seeks to evict in finding any alternative at all. In circumstances where lease-holding occupiers of state-owned housing are often likely to be very poor and vulnerable people, this is perverse.

    25. For all of these reasons, Section 3 of the PIE Bill (provided, of course, that it is not quickly declared unconstitutional once passed) will increase the likelihood of evictions which will render many desperately poor and vulnerable people homeless. As the Constitutional Court has said:

    “It is not only the dignity of the poor that is assailed when homeless people are driven from pillar to post in a desperate quest for a place where they and their families can rest their heads. Our society as a whole is demeaned when state action intensifies rather than mitigates their marginalisation. The integrity of the rights based vision of the Constitution is punctured when governmental action augments rather than reduces denial of the claims of the desperately poor to the basic elements of a decent existence.”

    CALS submits further that the Bill will not significantly alleviate the frustrations property owners and landlords have expressed at the difficulty of obtaining a court order to repossess property occupied by persons who have defaulted on their leases. It will make almost no difference to banks who wish to repossess property from defaulting bond-holders.

    26. Although the memorandum to the PIE Bill does not expressly say so, Section 3 is doubtless an attempt to preclude the so-called “affluent tenant” from claiming the protection of the PIE Act. This is unnecessary. As the law currently stands, an “affluent tenant” is not given any substantive protection against eviction.

    27. This is clearest from the decision of the Supreme Court of Appeal in Wormald v Kambule (“Wormald”) . There, in considering the nature of the court’s discretion in eviction proceedings to which the PIE Act applies, Maya AJA held that:

    “An owner is in law entitled to the possession of his or her property and to an ejectment order against a person who unlawfully occupies that property except if that right is limited by the Constitution, another statute, a contract or on some other legal basis.”

    28. The judge held further that “the effect of PIE is not to expropriate the landowner . . . it cannot be used to expropriate someone indirectly. The landowner retains the protection against arbitrary depravation of property under s 25 of the Bill of Rights. PIE serves merely to delay or suspend the owner’s full proprietary rights until a determination has been made whether it is just and equitable to evict the unlawful occupier and under what conditions.”

    29. In the circumstances of the case, the judge held that it was clear that the occupier “is not in dire need of accommodation and does not belong to the class of poor an vulnerable persons whose protection was obviously in the foremost of the legislature’s minds when in enacted PIE. To my mind, her position is essentially no different to that of the affluent tenant, occupying luxurious premises, who is holding over.”. In the circumstances, the judge ordered the occupier’s eviction.

    30. It is therefore clear that the PIE Act, as interpreted by the courts, does not protect affluent tenants. It is also clear that its application cannot lead to an expropriation of property.

    31. The potential inconvenience to which the PIE Act does subject property owners and landlords is the cost of, and delay in, their repossession of property. These costs and delays may be occasioned by the court proceedings aimed at the exploration of an occupier’s personal circumstances. South African society is characterised by high levels of poverty, inequality and tenure insecurity. The majority of South Africans do not own land. In these circumstances, CALS submits, at least some delay for the purpose of ensuring a fair an equitable eviction process is not unreasonable.

    32. However, the PIE Bill, if passed, will do little to reduce the costs and delays which currently burden property owners and landlords. Even if the PIE Bill is passed into law, owners and landlords will still be required to go to court to effect a lawful eviction. There is no reason to suppose that eviction proceedings after the amendment will be any shorter or less costly than they are now.

    33. The solution to the problem of costs and delays in eviction proceedings (if they are really problems at all) is to make lawyers and courts function more effectively. It is not to prejudice potentially desperately poor tenants and former bond holders by removing them from the PIE Act’s protection.

    34. Following the line of reasoning adopted in Wormald, it is unlikely that the PIE Act would be applied to protect an affluent bond defaulter, who could find alternative accommodation, in occupation of property repossessed in terms of a bond agreement. Indeed, in Standard Bank of South Africa v Saunderson and Others the Supreme Court of Appeal decided that a bank may execute against immovable property burdened by a bond in its favour, without even pleading its case in terms of Section 26 of the Constitution. All the bank as Plaintiff must do, is draw the Defendant bond holder’s attention to Section 26 (1) of the Constitution in its summons.

    35. For all these reasons, CALS submits that the PIE Bill, if passed, will contribute to an increasing cycle of poverty, desperation and homelessness in South Africa. It will not significantly address the difficulties of property owners, banks and landlords who seek to repossess property from defaulting tenants and bondholders, affluent or otherwise.

    Section 4 of the PIE Bill

    36. Section 4 of the PIE Bill creates the offence of practicing “constructive eviction”. Section 2 of the Bill defines “constructive eviction” as:

    “any act or omission, including the deprivation of access to land or to essential services or other facilities related to land, which is calculated or likely to induce a person to vacate occupied land or refrain from exercising access to land”

    37. CALS welcomes the addition to the Bill of an inclusive definition of “constructive eviction”. In CALS’ experience, the disconnection of a property’s water or electricity supply is often a tactic employed by unscrupulous landlords or organs of state in order to encourage occupiers to vacate land without having to go to the effort of obtaining an eviction order.

    However, CALS submits that the Bill should be strengthened to prevent explicitly the disconnection of water and other essential services to a property by an owner or a person in charge without a court order.

    38. If the aim of the PIE Bill is to stop interference with an unlawful occupier’s access to land without process of law, it would be more effective to simply ban service disconnections altogether and explicitly allow for a court to order the reconnection of unlawfully disconnected services. Such a measure would be consonant with, and strengthen, the common law remedy of spoliation, which is itself directed toward the prevention of interference with possession of property without process of law. It would also be commensurate with Section 13 (1) (b) of the Gauteng Unfair Practices Regulations, 2001, made under the Rental Housing Act 50 of 1999, which forbids the termination of water, electricity and gas supplied by a landlord to a tenant without an order of court.

    39. This would give occupiers unlawfully dispossessed of access to services a remedy additional to relying on a police investigation and prosecution, which can take many months if it happens at all. Indeed, although Section 8 of the PIE Act makes eviction without a court order a criminal offence, South African Police Service (SAPS) officers are notoriously reluctant to respond to complaints of illegal eviction. CALS is unaware of a single successful prosecution in terms of Section 8 of the PIE Act since its promulgation.

    Section 5 of the PIE Bill

    40. Section 5 of the PIE Bill repeals the distinction between occupiers living on land for less than six months, and those who have been living on land for more than six months. Its stated purpose is to eliminate unjustifiable discrimination between groups of people who are equally in need. This is welcome.

    41. However, for the reasons set out above, the narrowing of the application of the Act envisaged in Section 3 of the Bill simply creates another arbitrary distinction between groups of occupiers who may be in the same socio-economic circumstances. Section 3 of the Bill therefore, to some extent, defeats the underlying purpose of Section 5. CALS submits that this is undesirable.

    C SECTION 2 (d) OF THE RENTAL HOUSING AMENDMENT BILL

    Section 2 (d) of the Rental Housing Amendment Bill allows for the “repossession of rental housing property” after a ruling of a Rental Housing Tribunal. To the extent that this amendment is intended to remove jurisdiction over evictions in terms of lease agreements from the Magistrates’ and High Courts to a Rental Housing Tribunal, CALS submits that this would be undesirable.

    42. Section 2 (d) of the Rental Housing Bill is clearly intended to complement the narrowing of the PIE Act’s application envisaged in Section 3 of the PIE Bill. There are two reasons why it would be undesirable to allow a Rental Housing Tribunal to make a ruling which would have the effect of evicting a defaulting tenant.

    43. First, Rental Housing Tribunals are not institutionally equipped to make the far-reaching decisions required to balance out the completing rights and obligations of landowners, landlords, occupiers and the state. Although Section 13 (3) of the Rental Housing Act allows a Rental Housing Tribunal broad powers of subpoena, the Act provides no explicit mechanism for holding municipalities accountable for performing their function as housing provider of last resort.

    44. Second, allowing a Rental Housing Tribunal to order an eviction would be a violation of Section 26 (3) of the Constitution, which provides that no-one may be eviction from their home without an order of court. The Rental Housing Tribunal is not a court. Section 26 (3) of the Constitution clearly envisages that only a judicial officer, with the appropriately broad experience of the administration of justice and equity, ought to be allow to make an order depriving a person of access to their home.

    D CONCLUSION

    45. The PIE Act is an important and sensitive piece of legislation. After several years of application in its current form, the courts have, in theory at least, achieved an equitable balance between the rights and obligations of landowners, tenants, the landless and the state. A degree of legal certainty has also been achieved. Jurisprudence developed under the PIE Act and Section 26 of the Constitution may, in one sense, be summed up as follows:

    • A property owner is entitled to possession of his or her property;

    • Everyone is entitled to reasonable measure of tenure security – a place to rest their heads and call “home”;

    • The state is the housing provider of last resort, at least on an emergency basis;

    • Evictions which lead to homelessness will almost never be permitted;

    • The state should participate in eviction proceedings in order to prevent evictions which lead to homelessness and to be accountable to property owners whose rights to property are unjustifiably infringed by the state’s failure to ensure adequate tenure security to all.

    46. The preservation of these principles is essential to ensure the alleviation of poverty and the maintenance of social stability. The PIE Bill, as it stands, unjustifiably limits their application. In the interests of preserving them, the vague and potentially destructive provisions in Section 3 of the Bill should be expunged altogether.

    47. For all of these reasons, CALS submits that that PIE Bill should not be presented to Parliament in its current form.

    —————————————————

    Comment on General Notice 1851 of 2006: Prevention of
    Illegal Eviction from and Unlawful Occupation of Land
    Amendment Bill, 2006 as published in the Government
    Gazette No 29501 dated 22 December 2006

    by

    The Centre on Housing Rights and Evictions (COHRE)

    15 February 2007

    Contact details:

    Jean du Plessis c/o Moray Hathorn
    Acting Executive Director Partner
    Centre on Housing Rights and Evictions (COHRE) Webber Wentzel Bowens
    83 Rue de Montbrillant 10 Fricker Road, Illovo Boulevard, Johannesburg,
    1202 Geneva, Switzerland 2196, South Africa
    Tel +41.22.7341028 Switchboard: +27.11.530 5000
    Fax +41.22.7338336 Direct: +27.11.530 5539
    RSA Tel +27.82.5575563 Telefax: +27.11.530 6539
    Email address: jean@cohre.org Email address: morayh@wwb.co.za
    Website: www.cohre.org Website: www.wwb.co.za

    .

    BACKGROUND

    The Centre on Housing Rights and Evictions (COHRE) is a Geneva-based, international nongovernmental human rights organisation founded in 1994 as a foundation in the Netherlands
    (Stichting COHRE). COHRE maintains offices in a number of countries around the world,
    including South Africa. COHRE’s various offices coordinate global, regional and local
    activities in pursuit of its mission, which is to promote housing rights for everyone,
    everywhere.

    COHRE has been granted Special Consultative Status by the United Nations Economic and
    Social Council (ECOSOC, since 1999), and the Organisation of American States (OAS, since
    2002). COHRE also has participatory status to the Council of Europe (CoE, since 2003) and
    Observer Status with the African Commission on Human and Peoples’ Rights (ACHRP, since
    2003).

    Working closely with local partners in South Africa, COHRE has carefully studied the
    Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2006
    as published in General Notice 1851 of 2006 contained in Government Gazette No 29501
    dated 22 December 2006.

    We have a number of concerns we urgently wish to bring your attention:

    SUBMISSION

    1. Municipalities are under an obligation under the Housing Code in Chapter 12: Housing
    Assistance in Emergency Housing Circumstances to take a proactive approach to
    dealing with people in desperate need whose immediate housing needs cannot be met
    by then existing low income housing development schemes. Chapter 12 pertains to
    people who find themselves “in an emergency housing situation such as the fact that
    their shelter has been destroyed or damaged, their prevailing situation poses an
    immediate threat to their life, health and safety, or they have been evicted, or face the
    threat of imminent eviction.”
    2. Municipalities are under a further obligation under the Housing Code in Chapter 13:
    Upgrading of Informal Settlements to take proactive measures to secure the in situ
    upgrading of informal settlements where feasible.

    .

    3. Section 9 of the Housing Act and Paragraph 12.4.1 of Chapter 12 of the Housing Code
    requires municipalities to investigate and assess the need for emergency housing within
    their areas of jurisdiction and to plan proactively therefor. If the circumstances do merit
    the submission of such a plan for approval to the Provincial housing department, the
    municipality must submit one.
    4. The enumerated categories of different Emergency Housing Situations catered for in
    Chapter 12 of the Housing Code are listed under Section 12.3.5.1.
    5. The guiding principle of Chapter 13 of the Housing Code is the minimization of
    disruption and preservation of community within informal settlements. Thus, it
    discourages the displacement of households and acknowledges that only in certain
    limited circumstances may it be necessary to permanently relocate households that are
    living in hazardous circumstances or in the way of essential engineering or municipal
    infrastructure. Legal processes for eviction should only be initiated as a last resort.
    6. Under either Chapter 12 or 13 of the Housing Code, rather than eviction, a municipality
    must purchase the land on which an informal settlement is situated and upgrade the
    settlement in situ, alternatively, provide alternative accommodation for the inhabitants.
    7. In his judgement in City of Johannesburg v Rand Properties (Pty) Ltd and Others 2006
    (6) BCLR 728 (W) the judge summed up the housing policy as follows:
    “The Housing Act imposes specific obligations on local government in this regard.
    Section 9 requires every municipality to take all reasonable and necessary steps within
    the framework of national and provincial housing legislation and policy to: ensure that
    the inhabitants of its area of jurisdiction have access to adequate housing on a
    progressive basis; set housing delivery goals in respect of its area of jurisdiction; identify
    and designate land for housing development4 ensure that conditions not conducive to
    the health and safety of the inhabitants of its area of jurisdiction are prevented or
    removed; create and maintain a public environment conducive to housing development
    which is financially and socially viable; promote the resolution of conflicts arising in the
    housing development process; and initiate, plan, coordinate, facilitate, promote and
    enable appropriate housing development in its area of jurisdiction.

    In terms of section 2 of the Housing Act, municipalities must perform the above functions
    in a manner which: gives priority to the needs of the poor in respect of housing
    development, involves meaningful consultation with individuals and communities
    affected by housing development; ensures that housing development is economically,

    .

    fiscally, socially and financially affordable and sustainable; and ensures that housing
    development is administered in a transparent, accountable and equitable manner and
    upholds the practice of good governance.

    THE EMERGENCY HOUSING PROGRAMME

    The National Housing Code’s “Programme for Housing Assistance in Emergency Housing
    Circumstances,” was adopted in terms of the Housing Act, (“the Emergency Housing
    Programme”) and was a direct response to Grootboom’s ruling that the State’s positive
    obligations in terms of section 26 of the Constitution include an obligation to provide
    temporary relief for persons in crisis or in a desperate situation

    “The Grootboom judgment furthermore suggested that a reasonable part of the national
    budget be devoted to providing relief for those in desperate need….Consequently, this
    Programme is instituted in terms of section 3(4)(g) of the Housing Act, 9997, and will be
    referred to as the National Housing Programme for Housing Assistance in Emergency
    Housing Circumstances. Essentially, the objective is to provide temporary relief to people in
    urban and rural areas who find themselves in emergencies as defined and described in
    this Chapter.”

    Clause 12.3.1 of the Emergency Housing Programme defines an emergency as, inter alia,
    a situation where

    “the affected persons”…owing to circumstances beyond their control … are evicted or
    threatened with imminent eviction from land or unsafe buildings, or situations where proactive steps ought to be taken to forestall such consequences or whose homes are
    demolished or threatened with imminent demolition, or situations where pro-active steps
    ought to be taken to forestall such consequences.”

    The Programme makes funding available from the Provincial Departments of Housing for
    emergency housing assistance.

    The Programme requires municipalities to investigate and assess the emergency housing
    need in their areas of jurisdiction and to “plan proactively” therefor. Where an emergency
    housing need is foreseen municipalities must apply to the relevant Provincial Department of
    Housing for funding for the necessary assistance. After approval by the MEC of the relevant
    Provincial Department of Housing, the funding is made available to the municipality for direct
    implementation of the assistance. In terms of the Programme the Provincial Department of
    Housing may provide support to ensure the successful implementation of the assistance.

    .

    While the Programme is flexible in order to cater for diverse situations, it does lay down
    certain minimum standards. It requires that water and sanitation be provided and that
    the floor area of a temporary shelter be at least 24 metres squared. Notably an amount
    of R23 892.00, including VAT, may be made available to municipalities, per grant.”

    8. Chapters 12 and 13 of the Housing Code in the main covers persons falling within a
    socio-economic group previously disadvantaged by racial discrimination (and suffering
    from ongoing socio-economic disadvantage), certain categories of which would now be
    excluded from the protection of PIE, as proposed by the PIE Bill. The following are
    categories of such persons (there are no doubt others) who would now be excluded
    from the protection of PIE:
    8.1 inner-city tenants who had to run the gauntlet of the Group Areas Act, and whose
    tenancy has subsequently been terminated following withdrawal of rental payments
    because of the failure of landlords to maintain the premises;
    8.2 persons (black) who had their site and residential permits upgraded to ownership,
    then took out bonds and then found themselves retrenched (and, as a result unable
    to make the necessary payment in relation to their bonds). Such persons would
    probably have been the victims of inferior education as a result of the operation of
    the Bantu Education Act, No 47 of 1953 and thus at a disadvantage in a competitive
    economic environment;
    8.3 informal settlements which previously had legal status as emergency camps under
    the Prevention of Illegal Squatting Act (PISA) and still remain vulnerable to eviction.
    The legal history of one such informal settlement, Thembelihle (which is situated in
    Lenasia, Johannesburg), is instructive, as other vulnerable communities currently
    enjoying the protection of PIE have a similar status. The legal history is set out
    below:
    8.3.1 In terms of Administrator’s Notice 575 dated 28 November 1990 regulations for
    the control and administration of Thembelihle by the administrator of the
    Transvaal were published in the Government Gazette in terms of Section 6(6)
    of the Prevention of Illegal Squatting Act number 52 of 1951;
    8.3.2 In terms of Administrators Notice 633 dated 27 November 1991, Thembelihle
    was declared to be a transit area in terms of Section 6(3) of the Prevention of
    Illegal Squatting Act;

    .

    8.3.3 In terms of Administrators Notice 311 dated 6 July 1993, Thembelihle was
    declared to be a defined area outside a local authority as contemplated in
    Section 2(11) of the Black Local Authorities Act 1982;
    8.3.4 In terms of Section 2(11) of the Black Local Authorities Act:
    “An Administrator may by notice in the official Gazette define for the purpose of
    this sub-section an area outside a local authority area and exercise in such
    area the powers conferred upon the City Council in a local authority area under
    this act.”

    8.3.5 On 3 December 1994 the Premier of Gauteng published Proclamation number
    24 (Premiers) 1994 in an Extraordinary Provincial Gazette. This proclamation
    was made in terms of the powers granted to him in Section 10 of the Local
    Government Transition Act. The proclamation dealt with, inter alia, the
    dissolution of certain local government bodies and their replacement with new
    transitional local authorities. Section 2(2) of the proclamation read as follows:
    “Administrators Notice no 310 of 6 July 1993, number 546 of 6 December
    1993, number 633 of 27 November 1991 read with number 311 of 6 July 1993,
    no 32 of 3 February 1993 and number 272 of 24 June 1992, are as from the
    effective date repealed under section 13 (6)(a) of the Local Government
    Transition Act, 1993, insofar as they apply to the area of the townships known
    as Doornkop/West of Soweto, Finetown/Thembelihle (Lenasia Transit Area),
    Alexandra Far East Bank and Diepsloot/Nietgedacht, respectively”;

    8.3.6 In terms of Section 9 of Proclamation 24 of 1994 the assets, liabilities, rights
    and obligations of the Administrator in respect of Thembelihle were transferred
    to the Greater Johannesburg Transitional Metropolitan Council. In terms of the
    aforesaid Section 9 as amended by Premier’s Proclamation 42 of 1995 the
    assets, liabilities, rights and obligations of the Greater Johannesburg
    Transitional Metropolitan Council in respect of Thembelihle were transferred to
    the Southern Metropolitan Substructure of the Greater Johannesburg
    Transitional Metropolitan Council. In terms of Notice 6766 of 2000 published in
    the Provincial Gazette Extraordinary on 1 October 2000 the City of
    Johannesburg became the successor in law in respect of all the resources,
    assets, liabilities, right, obligations, titles and the administrative and other
    records of the Southern Metropolitan Substructure of the Greater
    Johannesburg Transitional Metropolitan Council.

    .

    9. The Thembelihle community was under intense pressure for a number of years to
    relocate to Vlakfontein. In 2003, the City brought an application in the High Court for an
    order of eviction from Thembelihle and relocation to Vlakfontein. The case was
    defended. The City of Johannesburg has never set the application down for hearing.
    Although this case is still pending the City now seeks to relocate at least part of the
    community to Lehae, a new township some three kilometres away on the outskirts of
    Lenasia. (Thembelihle is situated in the heart of Lenasia, a prosperous urban area, and
    the community has immediate and easy access to jobs, schools, clinics and other
    facilities within Lenasia). The Thembelihle community contends for an in situ upgrading
    in terms of Chapter 13 of the Housing Code. A feasibility study in this regard is awaited
    from the City of Johannesburg. If the amendments to PIE are made the community will
    be precluded from raising any non-compliance by the authorities with Chapter 13 as the
    basis for an argument that eviction and relocation would be unjust and inequitable, if
    fresh legal action was to be instituted for their eviction. Indeed if the City of
    Johannesburg was to proceed with the pending application for eviction and relocation to
    Vlakfontein the community may be precluded from relying on PIE in its defence.
    10. It is an anomaly that these categories of persons, to whom either or both Chapters 12
    and 13 of the Housing Code apply, should now be removed from the protection of PIE
    and thus rendered more vulnerable to eviction and the exacerbation of their need before
    the benefits of Chapters 12 and 13 can be applied to them. This is in direct
    contravention of the tendency of the courts to maximise the protection from forced
    eviction of the socio-economically disadvantaged, as demonstrated by the following
    judgments:
    • Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)
    • President of RSA and Another v Modderklip Boerdery (Pty) Ltd (2005) (5) SA 3
    (CC)
    • City of Cape Town v Rudolph 2004 (5) SA 39 (C)
    • City of Johannesburg v Rand Properties (Pty) Ltd and Others 2006 (6) BCLR
    728 (W)
    • Property Lodging Investments (Pty) Ltd v The Unlawful Occupiers of Erf 705,
    Halfway Gardens Ext 80 and others: TPD case no: 6292/ 2006 (unreported)
    In the final two cases, the courts expressly linked eviction to compliance by the
    municipality with its obligations under the Housing Code.

    .

    11. In City of Johannesburg v Rand Properties (Pty) Ltd and Others 2006 (6) BCLR 728 (W)
    the judge put it as follows at paragraph 65 of his judgement:
    “The facts of the present matter reflect the plight of thousands of people living in the
    inner city, in deplorable and inhuman conditions. Our Constitution obliges the State to
    act positively to ameliorate these conditions. These obligations have been, and continue
    to be designed at a macro level. We now require a coherent plan and the
    implementation of this plan at the micro level. The obligation is to provide access to
    adequate housing to those unable to support themselves and their dependants.”

    12. In consequence thereof the judge included the following paragraphs in his order:
    “(3)The Applicant is directed to devise and implement within its available resources a
    comprehensive and co-ordinated programme to progressively realise the right to
    adequate housing to people in the inner city of Johannesburg who are in a crisis
    situation or otherwise in desperate need of accommodation.

    (4) Pending the implementation of the programme referred to in paragraph 3 above,
    alternatively until such time as suitable adequate accommodation is provided to the
    Respondents, the Applicant is interdicted from evicting or seeking to evict the current
    Respondents from the properties in this application.”
    13. Implicit in such an order is recognition by the court that the existence or implementation
    of a plan for the housing of specific occupants is a relevant factor in determining whether
    an eviction would be just and equitable in terms of PIE. In short, the courts have been
    careful to ensure that before evictions taking place the intended benefits to prospective
    evictees of Chapters 12 and 13 of the Housing Code become available to them. The
    courts have been careful to ensure that evictions do not exacerbate the conditions that
    Chapters 12 and 13 are designed to ameliorate.
    14. The occupiers in this case includes persons who have never had the consent of the
    owner or person in charge of land to reside on the premises concerned and thus would
    continue to have the protection of PIE. Others are former tenants and would, if the
    amendment is adopted, fall outside of the protection of PIE. Both categories are from the
    same desperately needy socio-economic group.
    15. Sachs J in the Port Elizabeth Municipality places the State’s obligations under Section
    26(3) of the Constitution in the following historical framework:

    .

    “PISA, accordingly, gave the universal social phenomenon of urbanisation and intensely
    racialised South African character. Everywhere the landless poor flocked to urban areas
    in search of a better life. This population shift was both a consequence of and a threat to
    the policy of racial segregation. PISA was to prevent and control what was referred to as
    squatting on public or private land by criminalising it and providing for a simplified
    eviction process. The powers to enforce politically motivated, legislatively sanctioned
    and State sponsored eviction and forced removals became a comer stone of apartheid
    land law. This marked a major shift, both quantitatively and qualitatively (politically).
    Evictions could be sought by local goverment and achieved by use of criminal rather
    than civil law. It was against this background and to deal with these injustices, that
    section 26(3) of the Constitution was adopted and new statutory arrangements
    made…….that a third aspect of section 26(3) is the emphasis it places on the need to
    seek concrete and case specific solutions to the difficult problems that arise. Absent the
    historical background outlined above, the statement in the Constitution that the courts
    must do what courts are normally expected to do namely, take all relevant factors into
    account would appear otiose (superfluous) even odd. Its use in section 26(3) however
    serves a clear constitutional purpose. It is there precisely to underline how non
    prescriptive the provision is intended to be. The way in which the courts are to manage
    the process has, accordingly, been left as wide open as constitutional language could
    achieve, by design and not by accident, by deliberate purpose and not by omission.”

    16. The obligation of the State and its organs to make provision for the housing of those
    disadvantaged persons whom PIE is intended to protect is set out in and flows from
    Section 26(2) read with Section 7(2) of the Bill of Rights. This obligation must be carried
    out in a context in which land holdings in South Africa are skewed as a result of past
    racial discrimination. The role of the courts in playing a key mediating role between the
    rights of current land-owners and the needs of disadvantaged communities and persons
    flows from Section 26(3) of the Bill of Rights. The intended amendments limit the
    creative role afforded by the courts and processes of mediation in resolving the tension
    between those who currently own land and the homeless, and will thus hinder and
    obstruct the implementation of housing policy as contained in Chapters 12 and 13 of the
    Housing Code.
    17. This exclusion of one category (for example former tenants or mortgagors or occupiers
    of former emergency camps under the Prevention of Illegal Squatting Act) and inclusion
    of another (persons who have never had the consent of the owner or person in charge
    of land to occupy it) in the same disadvantaged group (that is the socio-economic group
    previously disadvantaged by racial discrimination and suffering from ongoing socio

    .

    economic disadvantage) under the protection of PIE is, we submit, unconstitutional.
    This is because it offends the provisions of Section 9(1) of the Constitution which
    enshrines the right of persons to the “equal protection and benefit of the law.” It is
    submitted that any limitation of this principle should be applied against advantaged
    persons (that is current landowners) in preference to it being applied against
    disadvantaged persons, where their interests conflict (in this case the conflict between
    the right to property and the right to have access to adequate housing).

    18. To remove the protection of PIE from the categories of persons listed in Section 2(2) of
    the intended amendment and to increase their vulnerability to eviction prior housing
    becoming available to them in terms of national housing policy may also be in
    contravention of the obligation under Section 26(1) of the Bill of Rights of the State to
    desist from impairing the right of access to adequate housing, as enunciated by Yacoob
    J at 66G-H in Government of the RSA v Grootboom and Others 2001 (1) SA 46.
    19. The proposed amendments result in a more limited protection of the right to have
    access to adequate housing. This is a retrogressive measure in contravention of the
    dicta of Yacoob J at paragraph 45 of the Grootboom judgement: “It means that
    accessibility should be progressively facilitated: legal, administrative, operational and
    financial hurdles should be examined and, where possible, lowered over time. Housing
    must be made more accessible not only to a larger number of people but to a wider
    range of people as time progresses”.
    20. In addition to these fundamental objections are those which may be described as
    matters of detail. We will not deal with these. However, there is one further amendment
    which we find disturbing. Currently organs of state can bring eviction proceedings under
    PIE for land / buildings within their area of jurisdiction. That would now be amended to
    land which organs of state administer or control. The current formulation more clearly
    seems to bring eviction proceedings by municipalities under, for example, health,
    building and fire by-laws within the purview of PIE. Is it the intention of this amendment
    to enable municipalities to invoke health, building and fire by-laws to evict people
    outside of the purview of PIE? If not, then what is the purpose of this particular
    amendment?
    CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE)

    ===========================================

    International Labour Research and Information Group

    Box 1213, Woodstock, 7915 – South Africa
    Tel: (021) 447 6375 Fax: (021) 448 2282
    E-mail: info@ilrig.org.za
    http://www.ilrigsa.org.za

    Mr. R Thatcher
    Department of Housing
    Private Bag X644
    Pretoria, 0001
    Tel. 021.421.1629
    richard@housing.gov.za

    International Labour Research
    and Information Group
    Contact: Koni Benson
    P.O. Box 1213
    Woodstock
    Cape Town, 7915
    Tel. 021.448.6052
    koni@ilrig.org.za

    February 13, 2007

    To Whom it May Concern,

    We are writing to comment on the proposed amendments to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Amendment Bill, 2006.

    The International Labour Research and Information Group (ILRIG) is an NGO providing education, publications and research for the labour and social movements. ILRIG was founded in 1983. For many years we were linked to the sociology department at the University of Cape Town but since 2003 ILRIG is an independent trust. We study the kinds of socio-economic issues central to housing, homelessness, basic services, land invasions and evictions and we work with social movements trying to deal with repercussions of policies and practices around basic survival issues. It is our belief that the proposed change in legislation will make the situation of the poor and working class worse.

    Our overall concern is that the bill has been proposed in response to the “nature and increase in land invasion” as a way to make it easier to evict “invaders” rather than getting at the root of why people are increasingly moving into open spaces, and how these actions can be negotiated or embraced by the state. We are concerned that the Constitutional right to housing is infringed upon by the proposed changes and that the changes offer no room to critique the roles and responsibilities of municipalities, or to include mechanisms that analyse why a particular invasion takes place. In fact, Section 3 of the proposed changes puts default of lease/bond payment over and above consideration of circumstances of occupiers such as length of time of occupation, the needs of the elderly, disabled, child, and female headed households, and the availability of suitable alternatives. Without considering socio-economic factors, the bill makes it a crime to be poor, desperate, and homeless.

    The changes will make it easier to evict people, and thus easier to ignore their right to housing. Brazil, for example, also has a housing crisis. The Brazilian Constitution gives people ownership rights to private land peacefully occupied for 5 years. And the effects of legally embracing informal land occupation has been positive for land utilisation, and distribution for the poor, and for planners tasked with waiting lists and hundreds of thousands without homes in the city. Informality has been embraced by the Brazilian Constitution and “land invasions” are seen as a human needs-led development, and a process that can desegregate and positively shape urban space. The proposed changes to the law leave little room for the landless to become active agents of desperate change needed in accommodation policies and practices in South Africa and will rather push people into insecure subdivisions or overcrowded rooms vulnerable to exploitation by landlords.

    The consideration of circumstances, and the availability of suitable alternative accommodation is too vague to be supported as an alternative to the way the bill is encoded at present. Likewise, by changing the term “owner” the bill blurs responsibility and gives more power to more people to act on behalf of “the haves” while eliminating someone in particular who needs to be responsible for justifying the eviction. For example, by proposing to change the term “owner” to “administration or control” the bill will make it harder to pin point who is responsible for making decisions about land. Rather, the Bill needs to ensure security of tenure in a way that does not only depend on interpretation of the judge, and in a way that stipulates that alternative accommodation does not disrupt the social networks people form for survival- i.e. alternative accommodation needs to be mandatory close to where people are “evicted” from.

    It is our belief that the proposed change to the legislation will make the situation of the poor and working class worse. There will be less access to land, less participation, and the potential for violent conflict between state actors, like the police, and those effected, will increase with state officials having less flexibility to negotiate solutions other than forcibly evicting people from land/buildings.

    The public participation process regarding this bill prevented those community organisations that we work with from making a submission. ILRIG would have prefered to make its submission as part of the coalition of social movements known as the Social Movements Indaba. The almost complete lack of publicity and the tight deadline of this process means that such groups are effectively barred and we have to make the submission on our own. Our participation does not mean we view this process as legitimate and fair. Such serious changes to constitutional legislation should not be made without mass based input and participation, especially by those who will be most effected by the changes- if the process continues to exclude the poor and especially their organisations it is fundamentally illegitimate and unfair.

    For all of these reasons, ILRIG submits that that PIE Bill should not be presented to Parliament in its current form.

    Signed,

    ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬___________________________
    Leonard Gentle
    Director

    Featured post

    The No Land, No House, No Vote Campaign Still on for 2009

    The No Land, No House, No Vote Campaign Still on for 2009

    South Africa does not think of the poor. The poorest of the country are the majority but we are kept voiceless. The poorest I am talking about are the shack dwellers, the street traders, the street kids, the flat dwellers who can’t afford the rent and the unemployeds from Cape Town to Musina in the Limpopo Province and from Richard’s Bay on the Indian Ocean to Alexander Bay on the Atlantic Ocean.

    We always say that the fact that we are poor in life does not make us poor in mind. We know that our country is rich. There are all the minerals like gold and aluminium, the water and the forestry, the trade and the industry, the agriculture, the art and the culture and the science and the technology. The Freedom Charter said that the wealth of South Africa should benefit the people of South Africa but it is not like that. The land of our ancestors was taken for the farms and the forests. Our grandparents and parents worked on those farms and in the mines and factories and houses. Now we are either trying to make a living selling to other poor people or we are the servants who come quietly into the nice places with our heads always down to keep them nice and to keep them working for the rich. Most of our time goes into just trying to survive. To get some little money, to get water, to see a doctor, to rebuild our homes after they have burnt down, to get our children into school or to try and stop evictions. We shouldn’t be suffering like this.

    Our shacks are flooded during heavy rains. Sometimes they are even washed away because the City won’t let us build proper structures or build proper houses for us in the city where we need to be to work and study. And our shacks get burnt down in fires because the City thinks that we don’t deserve to have electricity. We are always losing our belongings in these fires and sometimes loved ones, especially children and old people, are lost. The constitution says that everyone must have adequate shelter. We don’t have adequate shelter and the situation is not getting better. Now the city is trying to evict us and is leaving people homeless on the side of the road. How many lives will be destroyed before our voices are heard? How many children will drown in rivers on the way to school because ‘there is no budget’ to build bridges while casinos, and airports and themeparks have huge budgets? Who will do something about the fact that the police who are supposed to protect the people are always abusing us? Is it right that they come into our houses and ill-treat us, insulting us, stealing from us and hitting us? Who will do something about the fact that even when our youth finish grade 12 they just sit at home because there is no work and because our parents can’t afford to send us to university? Who will turn our economy from something that lets the rich get richer off the suffering of the poor into something that lets all the people make a better life?

    The politicians have shown that they are not the answer to our suffering. The poor are just made the ladders of the politicians. The politician is an animal that hibernates. They always come out in the election season to make empty promises and then they disappear. But we know that lies are for the time being but truth is for life. These guys get into power by lying to us and then they make money. They don’t work for the people who put them up there. In fact our suffering ends up working for them. Their power comes because they say that they will speak for us. That is why in Abahlali we started to say ‘Speak to us and not for us’ and why we vote in our own elections for people who will live and work with us in our communities and without any hopes for making our suffering into a nice job.

    We know that our country is rich. We know that it is the suffering of the poor that makes it rich. We know how we suffer and we know why we suffer. But in Abahlali we have found that even though we are a democratic organisation that gets its power from the trust of our members and have never hurt one person the government and even some NGOs call us criminal when we speak for ourselves. We are supposed to suffer silently so that some rich people can get rich from our work and others can get rich having conferences about having more conferences about our suffering. But the police never come to these conferences. These conferences are just empty talking. When we have big meetings where we live the police are even in the sky in their helicopters. These conferences demand our support but they never support our struggles. We are always on our own when the fires come or when the police come or when the City comes to evict us.

    I want to say clearly that I am a Professor of my suffering. We are all Professors of our suffering. But in this South Africa the poor must always be invisible. We must be invisible where we live and where we work. We must even be invisible when people are getting paid to talk about us in government or in NGOs! Everything is done in our name. We are even told that the 2010 World Cup is for us when we can’t afford tickets and will even be lucky to watch it on television. The money for stadiums should go for houses and water and electricity and schools and clinics. Even now shacks are being destroyed and street traders are being sorely abused by the METRO and SAPS police to make us invisible when the visitors come. This World Cup is destroying our lives. I call 2010 ‘The year of the curse’. South Africa is sinking. It will only be rescued if the poor take their place in the country.

    But before 2010 is 2009. This is the year of the National Elections in our beloved country. When the elections come I want to see who will be queuing in that hot or rainy day to vote. I see voting as the same as throwing your last money in a flooded river. I believe that many people who voted before want to go and ask to get their X’s back. Abahlali sensed this early and in the 2006 local government elections we said “No Land, No House, No Vote”. We said that when ever we have voted for people who say that they will speak for us they hibernate. We said that we would struggle for land and housing against all councillors. We said that we would make ourselves the strong poor by building our settlement committees and our movement.

    We got beaten by the police for that and some of the NGO people said that we were too stupid to understand what elections were for and that we needed ‘voter education’. They need an education in the politics of the poor. They should come and live in a settlement for even just one week before they say that we are too stupid to understand our own politics. Our boycott brought the percentage of voters in the areas where we are strong right down. In these areas the councillors can’t claim to represent the poor and we have made our own organisations, which do represent the poor because they are made for the poor by the poor, much stronger than the councillors. Abahlali is much stronger than Baig and Bachu and Dimba.

    I am sure that the number of non-voters who choose to work very hard every day struggling in their communities instead of giving trust to politicians will be multiplied in 2009. I will personally be pushing for Abahlali and our sister organisations to take the ‘No Land! No House! No Vote!’ campaign into the 2009 National Elections. Oh! South Africa the rich sinking country! There is no more need to vote for politicians in this country. I always say to people that they should vote if they ever see even one politician doing something good for the poor. But from the local government to the provincial and national parliaments I only see politicians on gravy trains and holidays and in conferences with the rich. They are the new bosses, not the servants of the poor. They deceive us and make fools of us. They ask us for our vote and then disappear with our votes to their big houses and conferences where they plan with the rich how to make the rich richer. Their entrance fee for these houses and conferences is us. They sell us to the rich. Can anyone show one politician who has stood up to say build houses not stadiums? Can anyone show one politician who has said that Moreland’s land should be for the poor who are still waiting to be a real part of South Africa and not for more shops and golf courses? Can anyone show one politician who has said that it is wrong for the police to beat us and arrest us when we want to march? Can anyone show one politician who has stood with us when the police shoot at us?

    Let us keep our votes. Let us speak for ourselves where we live and work. Let us keep our power for ourselves. The poor are many. We have shown that together we can be very strong. Abahlali has now won many victories. Other organisations are working hard too. Let us continue to work to make ourselves the strong poor. Let us vote for ourselves every day.

    * M’du Hlongwa lives in the Lacey Road settlement in Sydenham, Durban. He is unemployed and his mother works as a cleaner in a state hospital. He was the secretary in the first and second Abahlali baseMjondolo secretariat but did not stand for election for a position in the 2007 secretariat in order to be able to complete his book on the politics of the poor and to try and gain access to a university to study to be a teacher. However he continues to be an enthusiastic ordinary member of Abahlali baseMjondolo and to do volunteer work each week day morning work for people living in HIV/AIDS. He is 26. For information on Abahlali baseMjondolo visit http://www.abahlali.org

    Featured post

    Victory for the people of Motala Heights!

    Victory for the people of Motala Heights! An Eyewitness Report…

    Posted at Indymedia on Weds 13 December 2006

    Today, Wednesday 13.12, the municipality came inside Motala Heights with the intention to demolish yet more shacks and with no respect to what has been agreed in court, to our lawyer or to the people of Motala Heights. They never reported that they would come neither to us, the court or our lawyers. But today they understood they they cannot simply ignore us, that they have to respect the will of the people of Motala Heights.

    Victory in Motala Heights

    The Municipality’s plan was to demolish five shacks while most of their tenants were away at work. They started with shack number B83, leaving Thathazile Mkhize, S’bu Mhlongo, Sibongine Danisa, Bheki Mkize, Zama Nzuza and Bafana Gummede homeless. Shortly after we reminded the municipality workers of Section 26 of the South African Constitution, specifically that they cannot demolish a house without the consent of everyone living in it (not just the consent of the owners but the tenants too). Since they didn’t have that consent they would need a court order for every one of the planned demolitions. After they made clear that they did not have that either, we immediately asked for police reinforcements to come from Pinetown and once they arrived, we explained that the municipality workers were breaking the Law and demanded they were arrested should they continue. Only a few minutes ago, the municipality workers were leaving Motala Heights.

    Last time that they visited Motala it was a completely different story. Committee members Bonginkosi Mazibuko and Nkosi Ngcobo had demanded R2,000 from each of us in order to provide us with a house in Nazareth. Those who didn’t have that money were told they would not be given a house. One house might have 8, 9 or even 12 tenants but only its legal owner is offered a house in Nazareth. All the rest are made homeless once the shack owner is relocated. We estimate that to date, over fifty people have been made homeless in our area.

    Most people in Motala Heights are either unemployed or work as domestic workers (the women) or temporary gardeners (the men). Domestic workers earn 15 rand per day on average, while gardeners will get 25 rand for a day’s work. While they can now simply walk to their jobs, relocating to Nazareth would mean they would have to spend 16 rand per day on taxis (two each way)! So it’s clear that people simply cannot afford to move. Children now walk to their school; the Motala Heights clinic is nearby and factories in the area that are in need of temporary workers will just drive to Motala and pick up some people, offering them a job for the day. All of this would be lost should we be relocated to Nazareth.

    The way the Government and the Municipality treat us makes us feel like non-citizens, as if we do not belong to South Africa. The eThekwini municipality is constantly ignoring the South African constitution: it is as if they are operating under some constitution of their own!

    We have been told that new houses will be built in Motala Heights by 2007. But who will they build them for, if we are all relocated before then? Going to Nazareth would mean we would be worse off than today.

    They have to understand that if they choose to tear down our houses, we shall sleep in the bushes. And if they want to relocate us they’d better find some big cells to put us in, because we are not moving, we are not going to Nazareth!

    See more photos here:

    Victory in Motala Heights 13 December 2006
    Victory in Motala Heights 13 December 2006
    Featured post

    Izimpilo Zethu/ Our Lives – Photography By Women Of Kennedy Road, Foreman Road & Jadhu Place, Durban


    20 women living in Durban's Kennedy Road, Foreman Road and Jadhu Place settlements participated in a writing and photography workshop at Kennedy Road Community Hall on 8 and 29 April, 2006. Their photographs and captions are featured in the following pages and will also be displayed at various Durban venues.

    Some photos are available here. For the full photo story, please open the attached pdf file by clicking here.

    The workshops were supported by the Centre for Civil Society and the Centre for Visual Methodologies (UKZN) and facilitated by Amanda Alexander, Andile Mnguni and Shannon Walsh.

    ———-

    IZIMPILO ZETHU / OUR LIVES
    PHOTOGRAPHY BY WOMEN OF KENNEDY ROAD, FOREMAN ROAD & JADHU PLACE, DURBAN
    20 women living in Durban's Kennedy Road, Foreman Road and Jadhu Place settlements participated in a writing and photography workshop at Kennedy Road Community Hall on 8 and 29 April, 2006. Their photographs and captions are featured in the following pages and will also be displayed at various Durban venues.
    The workshops were supported by the Centre for Civil Society and the Centre for Visual Methodologies (UKZN) and facilitated by Amanda Alexander, Andile Mnguni and Shannon Walsh.
    RESEARCH REPORTS 2006: VOLUME 1

    1 Nozuko Lulama Hulushe
    2 Zama Ndlovu
    Igama lami nguZama. Ngihlala emjondolo eKennedy Road. Umgqibelo ulona suku olunzima kubahlalibalendawo. Kungoba umgqibelo ususku okugezwa ngalo izingubo zokugqoka. Abantu bama ulayini belindeleithuba lokukha amanzi. Babaliselwa ku 7000 abantu abasebenzisa ompompi abahlanu kulendawo. Ngiyaziukuthi akukholeki, kodwa kuyiqiniso. Abantu besifazane namantombazane bathwala o25 litha emakhanda.
    Leli hlathi elisemva kwabo lisetshenziswa njengendlu yanga sese ngoba zine kuphela izindlu zangaseseku le ndawo. Sisebenzisa zona sonke manje uthola ukuthi uma ulayini uma sekusukile lo. Lendawo ayiphephileezinganeni naku bantu besifazane. Amantombazane asedlwengulwa njalo. Okubuhlungu ukuthi akukhoonendaba ngalokhu. Ngisho namaphoyisa namakhansela imbala. Umthetho walelizwe awubasizi abantuabahluphekayo. Abadlwenguli bayazihambela nje. oTsotsi nazo zonke izigebengu zikhululekile, kodwa umaabantu ongenacala bebhikishela intuthuko eza kancane bayaboshwa.
    My name is Zama. I am a shack dweller at Kennedy Road. Saturday is one of the hard days for all the residentsof Kennedy informal settlement because Saturday is known as the washing day. People have to stand in aqueue for hours waiting for their turn to get water. About 7000+ people are sharing five taps. I know it isunbelievable but this is true. Women and young girls have to carry 25 litres of water on their heads.
    The bush behind them is used as the toilet because this community has only four toilets. We are sharingfour toilets so you can’t stand on the queue for the toilet when nature is calling you. This place is not safe forchildren and women. Young girls are getting raped more often. The worst thing is nobody cares about that,neither the police nor the councilor. South African law is against the poor people. Rapists are walking free.Tsotsis and all the criminals are free, but when innocent people are protesting against slow service deliverythey are getting arrested.
    3 Nozuko Lulama Hulushe
    Le mijondolo yase Kennedy Road yakhiwe ngamapulastiki nanabhokisi, Ngaphezulu ibanjwe ngamatsheukuvikela uma kunomoya.
    The shacks in Kennedy Road are built with plastic and boxes on top (the roof is covered with stones to protectfrom winds).
    4 Nonzwakazi Miriam Sivuku
    Lona umama ozikhulisela abantwana bakhe yedwa. Uphuma emsebenzini. Akuve emuhle kodwa cabangaukuthi uhamba kulamastebhisi naphakathi kwemijondolo.
    This is a single mother. She is on her way to work. She looks so cute but imagine she is walking along the stepsand in between the shacks.

    5 Zodwa Nsibande
    Impilo inzima la eKennedy Road, Hhayi nje kuthina esibadala nasezinganeni impela. Izingane zethu azinayoindawo efanele yokudlala. Zidlala maduze nendawo yokulahlela udoti, okunobungozi kuzo ngoba ayinayoimpilo lendawo ngexa yodoti onobungozi kulendawo.
    Yize kuyingozi kuzo ziyazijabulisa ngoba sezisijwayele isimo. Siyazikhalela kuhulumeni nabasisi bakheukuthi basakhele amapaki nezindawo zokudlala abantwana bethu, eziphephile ezingenabo ubugebengu.Life is too hard here in Kennedy Road, not only for adults, even for children.
    Here are our children. They don’t have proper places to play. They are playing near the dumping place whichis very dangerous for them, as well as unhealthy, because there are toxic things in that dumping place.
    But even though it is dangerous to them they are happy because they are used to this situation. So we areappealing to the government as well as his officials to build parks and playgrounds for our children so thatour children can be safe and crime free.
    6 Nozuko Lulama Hulushe
    Lendoda ya yifuna ukuzi siza ehlathini, kodwa-cha, u Rafique (I phoyisa eli hlala duze ne hlathi) u thi lomhlabangowakhe. Indodda ayikwazi ukusebenzisa ihlathi ukuzisiza.
    This man is running to the bushes for nature’s call – to an open space, but no chance! Rafique (local policeofficer who lives nearby) is claiming that the land is his. The man can’t use the bushes for relieving himself.
    7 Gugu Nthembu

    8 Delisile Goodness Gwala
    9 Vuyisiwe Mvula
    Lo owesilisa uziphumulele endlini yakhe phezu kombhede. Ngiyawuthanda umhlobiso wakhwa Fruit Treeosodongeni lwakhe. Umhlobiso ufana njengopende eMjondo. Kahle kahle umhlobiso wephepha wenza izintoezahlukene emjondolo. Usetshenziswela ukuhlobisa nokuvikela abantu. Ngoba awuboni ngaphakathi umaungaphandle. Emjondolo sisebenzisa iphepha ukuhlobisa. Iphepha liba nezinto ezahlukene njenge Fruit Tree,Coca-Cola, omango nezithelo.
    This gentleman is relaxing in his room, sitting in the bed. I like the decorating paper on the wall, for Fruit Tree.You know that wallpaper is like paint in a shack. Wallpaper does different things in the shacks. It is used todecorate and also to protect people. Because you don’t see inside the house from outside the house. In the shackwe use wallpaper designed with different things like Fruit Tree, Coca-Cola, mangoes and vegetables.

    10 Nozuko Lulama Hulushe
    11 Christinah Zizile Ngwazi
    Kunodoti oyixhaphozi lamanzi elihamba eduze kwendlu yami. Ngendlela okunuka yona kube sengathi kuqhumeisitamkoko. Kumanje sonke sineTB ngenxa yokuhlale sihogela lodoti onuka kabi kangaka. Omunye wethuuseze wadlula emhlabeni ngenxa yesifuba.
    There is rubbish that has settled in a pool of stagnant water that is close to my house. The way it stinks is as ifa sewerage tank burst. Right now all of us have TB because we breathe in all this rubbish that stinks so much.
    One of us has even passed away because of TB.
    12 Christinah Zizile Ngwazi
    Ngihlala kuKennedy emjondolo. Sengineminyaka eyishumi ngihlala khona kodwa akukho ntuthuko eyenzekayo.Sixavuza udaka uma siya empompini siyokha amanzi ibanga elingango 5km. Nalompompi uwodwa, sima ulayini omude umasikha amanzi. Isikhathi esingamahora amabili singaphela uzokha amanzi, kakhulu ngesikhathi
    sekubuye abasebenzi emsebenzini, kubancono ngesikhathi sasemini.
    I live in Kennedy Road in a shack. I have been living here for ten years but I have seen no progress. We treadin the mud when we go to the tap to get water which is 5 km away. There is only one tap and so we have tostand in line and wait our turn. You can wait for about two hours to get water, especially at the times whenthe workers are coming home from work. It is better to go during the day.
    13 Christinah Zizile Ngwazi
    Asinawo amathoyilethi . Siya ehlathini uma sifuna ukuzikhulula. Abanye bethu bazama ukuzenzela amathoyilethiangenayo impilo. Nami ngase ngibona ukuthi angizenzele elami ithoyilethi kunokuya ehlathini.
    We don’t have toilets. We have to go to the bush if we want to relieve ourselves. Some of us try to build ourselvestoilets, but they are unhealthy. I also saw that I had to build myself a toilet instead of going to the bush.
    14 Nomvula Mdlalose
    Sihlala emijondolo siyanethwa umakunetha, amanzi angene endlini. Lesisithombe sibonisa indlela esihleli kabuhlungu ngayo. Eduze kwezindlu zethu kugcwele udoti nomasikito. Isimo lesi esihleli kuso. Indawoengahlala abantu le? Wena ungahlala nje endaweni enje?
    We live in shacks that leak when it rains and the water gets inside the house. This picture shows the terribleway that we live. Next to our houses there are loads of garbage and mosquitoes. This place we live in is notsuitable for people. Would you live in a place like this?

    15 Nonzwakazi Miriam Sivuku 16 Nonzwakazi Miriam Sivuku
    Lapha indawo lapho sikha khona amanzi siphinde siwashele khona izingubo zethu ngamanzi ompompi. This is the place where we get our water and it is the sink for our washing/laundry; the running tap water.
    17 Nolusindiso Ntshangase

    18 Delisile Goodness Gwala
    Ho. He ukujabula kimi kuncane isikhathi esiningi esokuhlukumezeka ngikhuluma nje ngiyagulelwa angaziukuthi kumele ngenzenjani pho ngingathini nge HIV ngobaphela iyazenzela lapha kimi ngikhuluma njengiphethe izintandane izingane ezingena bani uyadela owaziyo ngalesifo ngoba siyabusa asinqeni umuziowodwa sithathe abantu noma bathathu njengami nje ngizwa ubuhlungu ngoba ngo 2003-12-07 sathathaudadewethu kwabanzima kwabanzima kukhulu ngoba wabe esemncane ku khona esasisakulindele kuyekodwa akubange ku senzeka ngathi kusenjalo ngo. 2005-01-04 kwaphi nda kwashona ku magcino wakwethukwabamnyama emehlweni ami ngoba yena washiya umntwana enezinsunku ezimbili emzele naye uyangihluphangempilo kodwa konke ngikubeka enkosini iyona eyaziyo ngiyakhala ngezingane zakwethu ezithathwe iHIVukube nginawo amandla ngabe ngisishaya ngesando lesifo siyiqhawe eshi HIV ngomndeni wami.
    Oh god. There are few chances of me being happy in my life. Most of the time I am abused. As I speak to younow my sister is sick and I don’t even know what to do. So what can I say about this HIV? Because it just doesits own thing. I have orphans as I speak to you. Who knows about this? This disease? Because it can finish thewhole family. Like me, I’m in pain because on 2003-12-07 my sister passed away. It was so hard because shewas young. We are still waiting for something from her. While I was still mourning that on the 2005-01-04 ourlast born passed away too. Everything was so dark because my sister left a baby who was only two days old.And the baby is sickly. But I put all my trust in God because He is the one who knows everything. I am cryingabout my siblings who died of AIDS. If I had all the powers I would have destroyed this HIV. It’s HIV that’sfinishing my family.
    19 Delisile Goodness Gwala
    20 Mildred Chiliza
    Ngingugogo ohlala nabazukulu. Sihlala endlini eyodwa encane. Izingane zigula njalo ngoba indlu incane. Indluyangasese ila, ikhishi lila. Angikhululekile ngempela. Ngihlala nezingane ezine, siyisikhombisa umasesiphelele.Uma kukhona okhohlelayo sigcina sonke sesikhohlela. Silala embhedeni owodwa.
    I am the granny who’s staying with grandchildren. We are staying in a very small one room house. The childrenare getting sick more often because the house is so small. The toilet is here, the kitchen is here. Really I am notfree. I am living with 4 children. We are 7 in total. When one is coughing we all ignite that cough. We are allsharing one bed.

    21 Zandile Nsibande
    Lena indlu yangasese esiyisebenzisayo la emjondolo yaseKennedy Road. Ibanga uma usuka endlini yami uza
    la ngu 2Km. Ngathatha lesisithombe nomfana wami uBongo, ofunda ibanga lesibili ePalmiet Primary. Kunzima
    ezinganeni nabantu abanengculazi ngoba uma ukhishwa isisu kukude ukuya endlini encane. Ngakhokeizidakwa nesingane ezincane siyangcolisa ngokungcola kwazo.
    This is our toilet we are using in our Kennedy Road informal settlement. The distance from my shack to thetoilet is 2 km. I took the photo with my son Bongo, who is in grade 2 at Palmiet Primary. It’s very hard for thechildren and the people with AIDS because when you are suffering from diarrhea; it is too far to go to the toilet.As a result the drunkards and small children are messing all over their shit.
    22 Lungile Mgube
    Nawu umndeni kaLungile. Odade wethu ababili, izingane zami ezintathu kanye nengane kadade wethu.
    Here is Lungile’s family. My two sisters, my three children and the child of my sister.
    23 Nonzwakazi Miriam Sivuku
    Lomama ukhulisa abatwana bakhe yedwa. Kubukhuni ukuthola indawo ecreshi. Ugada izingane . Uma egodolauphumela ngaphandle athamele ilanga.
    This is a single mother. She is struggling to get a space in the pre-school/ crèche. She is looking after children;when it’s cold she went out for the sun.

    24 Nontobeko Ngcobo
    Lokhu akuphephile.
    Angiyithandi lempilo. Wonke amasonto ingane iyagula.

    This is not safe.
    I don’t like this life. Every week a child becomes sick.

    25 Nozuko Lulama Hulushe

    GroundUp: Opponent of Xolobeni titanium mine assassinated

    http://www.groundup.org.za/article/opponent-xolobeni-titanium-mine-assassinated/

    Opponents of the plan to mine titanium in the Xolobeni area in the Eastern Cape fear for their lives after the chairman of the Amadiba Crisis Committee, Sikhosiphi Bazooka Rhadebe, was assassinated last night.

    Rhadebe was shot eight times in the head outside his house in Lurholweni township at Mbizana.

    Crisis Committee member Nonhle Mbuthuma told GroundUp that just before his death Rhadebe had phoned her to check on her safety and that of another committee member, Mzamo Dlamini. He had spoken of a hit list on which his was the first name and hers and Dlamini’s the second and third. An hour and a half later, he was dead. Continue reading

    Amadiba Crisis Committee 2016-03 22: Our chairman brutally murdered

    We are shocked to tell the public that the chairman of Amadiba Crisis Committee, Sikhosiphi Bazooka Rhadebe from Mdatya village in Amadiba, was brutally assassinated tonight outside his house in Lurholweni township, Amadiba area, Mbizana.

    Our beloved Bazooka made the ultimate sacrifice defending our ancestral land of Amadiba on the Wild Coast.

    He was murdered at about 7.30 in the evening. The hitmen came in a white Polo with a rotating blue lamp on the roof. Two men knocked at the door saying they were the police. Mr Rhadebe was shot with 8 bullets in the head. He died defending his young son, who witnessed the murder. His son and his wife are now in hospital. Continue reading

    Daily Vox: How Abahlali Basemjondolo are trying to improve the lives of shack dwellers

    https://www.thedailyvox.co.za/abahlali-basemjondolo-trying-improve-lives-shack-dwellers/

    Members of ABAHLALI BASEMJONDOLO held a conference in Durban last weekend to discuss the progress of the organisation and to elect a task team to oversee a participatory development project that aims to improve the lives of shack dwellers. QINISO MBILI was there.

    Singing their own versions of struggle songs, the members of Abahlali Basemjondolo attended a conference in Durban last week. The organisation is part of a new participatory development project, named Siyakhisana, that aims to encourage government to include dwellers in service delivery tasks in order for them to ensure the legitimacy of these services. Continue reading

    Al Jazeera: Has Zuma lost his grip on South Africa?

    Niren Tolsi, Al Jazeera

    In the Pretoria High Court 2D, Advocate Kemp J Kemp hunched his shoulders and pushed his head out like a heron about to snaffle its prey.

    The 2009 decision to drop more than 700 fraud, corruption, racketeering and money-laundering charges against his client, President Jacob Zuma, was a “message”, Kemp argued, that the National Prosecuting Authority’s “enormous powers” would never again be used to “decide who will be the president of the country” or “to engineer political results”.   Continue reading

    IOL: Private security to fight eThekwini land invasions

    http://www.iol.co.za/news/crime-courts/private-security-to-fight-ethekwini-land-invasions-1998144

    Durban – eThekwini wants to use private security to help its land invasion unit combat illegal occupations – and it is willing to bypass regular tender processes to obtain their services.

    “In the past few days, land invasion has been prevented in Umlazi – next to Mega City – Cato Crest and in a lot of other areas,” the city’s deputy manager for community and emergency services, Dr Musa Gumede, told Exco on Tuesday. Continue reading

    CLP: Anna Selmeczi “Haunted by the Rebellion of the Poor” : Thursday 17 March

    Padkos and the Paulo Freire Institute, are very pleased to welcome Anna Selmeczi back to Maritzburg. Join us at 4:30 to hear the talk and share some drinks and snacks together.

    We last met Anna when she did such a great job as our guest speaker at the launch of our second “Padkos Digest” volume in 2014. Anna currently holds the South African Research Chair Initiative (SARChI): Social Change, at the University of Fort Hare and has been a consistent partner in our journey to uncover paths towards emancipatory praxis in our South African context. Continue reading