DURBAN HIGH COURT STOPS THOUSANDS OF EVICTIONS
20 August 2015
Today Judge Mokgohloa, sitting in the Durban High Court handed down judgment in MEC for Human Settlements, KwaZulu Natal v. eThekwini Municipality and Others. The Judge struck down a temporary court order that had been used by the MEC and the Durban Municipality to evict thousands of poor people from informal settlements in Durban.
The MEC claimed that the order was used only to prevent land invasions. But SERI, acting on behalf of Abahlali baseMjondolo, and thirty of its members, whose homes the Durban Municipality destroyed 5 times by relying on the order, argued that it was an “eviction order in disguise”. SERI argued that the order was intended to progressively remove the occupants of more than 1 500 parcels of open land in Durban without having to follow normal court procedures or give notice to the occupants.
Judge Mokogohloa agreed. Eviction, the court confirmed, is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and section 26 (3) of the Constitution. The process prescribed by those instruments must be followed before the eviction of unlawful occupiers is undertaken.
PIE and the Constitution are intended to respect the dignity of the poor, and ensure that alternative accommodation is provided where needed. The interim order granted to the MEC was not sought or granted under PIE, nor could it be, because it allowed for people to be evicted without court oversight and without notice.
Abahlali has grown into a strong and sustained voice for shackdwellers, and continues to make significant gains in the realisation of rights and access for people living in informal settlements around the country. The High Court’s judgment comes at a time when municipalities and land owners are relying more and more on urgent court proceedings to facilitate evictions of informal settlers and destroy their property without having to justify their actions to a court.
The judgment has national implications, and sends a clear message to municipalities and owners seeking similar interdicts that they too are subject to the requirements of the PIE Act, and the Constitution. It represents a significant step towards achieving a more just dispensation for people who feel the burden of inequality most in South Africa.
Nomzamo Zondo, Director of Litigation at SERI said “The order the MEC sought to confirm would have resulted in many thousands of people being made homeless. Our Constitution demands that people who are driven to occupy open land because they have nowhere else to go must be treated with dignity and respect. They must be given help to live in peace and dignity, not cast out onto the street. Judge Mokgohloa’s judgment is welcome re-affirmation of this.”
Abahlali’s case was argued in court by SERI’s Executive Director, Stuart Wilson.
- Read more on the cases here and here.
Statement issued by Nomzamo Zondo, Director of Litigation at SERI, August 20 2015
