DA welcomes Court decision to deny KZN MEC leave to appeal Abahlali ruling

THE DA welcomes a decision by the Courts to deny KZN Human Settlement MEC, Ravi Pillay, an urgent application to appeal an earlier High Court ruling which aims to put an end to blanket extended eviction orders by the department. 

In August the Abahlali Basemjondolo won victory after taking the department to Court.  This was over an earlier interim order which essentially gave the department excessive powers, enabling officials to ignore the provisions of the prevention of illegal eviction from and unlawful occupation in terms of the Land Act.

In terms of the new ruling, the department must now seek the Court’s permission before evicting anyone from their home. The Court will also assess the need for alternative accommodation.

This ruling and the subsequent decision to deny the MEC leave to appeal signify a commitment by the judiciary to ensuring that the most vulnerable citizens of our society are protected by the state.

Today MEC Pillay advised that the department will petition the Appeal Court to revert this decision, stating that he is prepared to take the matter to the Constitutional Court if needed. He has argued that he wants a clear distinction between an 'eviction' and the prevention of land invasion.

The DA takes matters of land invasion very seriously.   They represent a serious threat to governance, stability and the provision of services to communities who need it most. They slow down housing delivery and disrupt planning of urban spaces while simultaneously hampering economic growth.

That said, any evictions must be done in a humane manner and there must be protection of people's rights through the Court.

A number of lessons can be learned from this ongoing saga.  These include;

- The urgency of housing delivery

- The failure of the land restitution programme

- The explicit wealth inequality in our society

- And the power imbalance between government and citizens, in particular the poor.

The DA calls on MEC Pillay to take a proactive stand and implement the long overdue KZN housing waiting list.  The lack of such a critical document continues to cause conflict due to mistrust during the eviction process.

Furthermore, the department and municipalities must be alert in preventing invasions through early detection - seeking a standing court order to conduct evictions leaves vulnerable communities open to abuse.

Issued by Hlanganani Gumbi, DA KZN Spokesperson on Human Settlements, 20 October 2015