Cape Town Community Housing finally meets its match!

Five families in Newfields Village face their verdict for their evictions on the 10/06/2010 (on the day the opening ceremony of the World Cup 2010 will be held).

Background

In 1994 President Nelson Mandela promised to build one million houses and accordingly the City of Cape Town and the National Housing Finance Company (NHFC) tried to make this dream a reality for the poorest of the poor by forming a Section 21 Company called Cape Town Community Housing Company. Eight years ago CTCHC started to build the worst houses in the history of our country with both latent and patent defects. Accordingly, the residents of the nine villages (Newfields Village, Hanover Park Phase 1, 2 and 3, Luyoloville, East Ridge, Woodridge, Manenberg (Tornado Victims) and Phillipi) went on a rental boycott, had marches to the Company, they occupied their administration office, they handed over numerous memorandums of demands and even occupied the administration building in Tijger Valley. The company changed directorship, because of bad management of fances and the pressure from the different communities. All that the community wants is to honour the original understanding and agreements made that they will get a subsidized houses and pay-off the balance over four years with affordable rental.

Detention Without Trial or Evidence of Wrongdoing Continues for five of the Kennedy 12

The Kennedy 12 returned to court today.

On the 19th of February this year the previous magistrate made a ruling that ordered that the defense lawyer could have access to the police docket as well as the records of all the past hearings. However this information has not been made available to the defense lawyer.

There was a new magistrate today who did not want to hear anything about the previous hearings. The prosecuter repeatedly denied knowledge of this ruling and said that the court could not have made such a ruling. It turns out that all of the court appearances this year were not recorded. This took us back to square one and our lawyer had to reapply for access to the docket and court records.

Sexwale: housing ruling could cause chaos

Human Settlements Minister Tokyo Sexwale said on Thursday that the government could approach Chief Justice Sandile Ngcobo to voice concern that a landmark court ruling on evictions would throw housing policy into chaos.

Sexwale told the National Assembly during question time that while he respected "the separation of powers" there was a danger that case law could impact on policy with dramatic consequences".

"It may end up pushing us into chaos," he told MPs.

Sexwale said last month's ruling by Judge Brian Spilg in the High Court in Johannesburg on the fate of 80 squatters in Berea amounted to "the legalisation of illegality".

http://www.capeargus.co.za/index.php?fArticleId=5397125

'Squatter ruling not relevant in Cape'

By Ella Smook Metro Writer

The City of Cape Town says it is "unlikely" to face a court order similar to the recent Johannesburg High Court "squatter" judgment, which human settlements minister Tokyo Sexwale believes holds dire consequences for municipalities and the national purse.

Last month, Judge Brian Spilg ruled that Joburg had a duty to provide housing, even in cases where illegal squatters were evicted from private land.

http://www.news24.com/Content/SouthAfrica/News/1059/914c22dacd4d4631bf1d20ae2043fea2/21-03-2010-08-05/Shack_dwellers_lose_march_bid

2010-03-21 20:05

Durban - A group of KwaZulu-Natal shack dwellers on Sunday failed in a court bid forcing the city of Durban to allow them to march through the central business district.

"We are glad the court ruled in our favour. It is sad that Abahlali baseMjondolo had to use such tactics," municipal manager Mike Sutcliffe said after the ruling by the city's high court.

First impressions and feedback from the legal trial for ZRH eviction case

Jessica Thorn

The appeal trial of the community of Zille Raine Heights v. the City of Cape Town case commenced at 10h00 and was concluded at 15h15. It was heard by a bench of three judges, including one woman who is a gender activist. The court was packed to the brim with community members. Outside throughout the day the children sang songs, danced and held placards and the banner of the settlement on the stairs of the High Court. We had good publicity, including interviews from E TV, the Cape Argus, the Cape Times, and Radio 786, who interviewed Gwendoline Botha and Layla Ryklief amongst others. The community also received strong support from organizations including the Anti-Eviction Campaign, UCT, UWC and Plaas. There were also a number of messages received in solidarity from ILRIG and other sources.

Revd Friedrich von Fintel of the Lutheran Church of Southern Africa has challenged the government of South Africa to consider the fate of all South Africans and not just of those who elected them into power.

He was addressing a gathering at the Durban Magistrates? Court on Friday 22 January for the prayer service organised by Diakonia Council of Churches in solidarity with the Kennedy 12 who were shortly to appear in court. After reading from Ezekiel 34:2 where God instructs the prophet to prophesy against the rulers of Israel, Revd von Fintel asked, “Could it be that God also instructs us to prophesy against the rulers of South Africa?”

From Roger Scholtz

I’ve just returned from a prayer meeting at the Durban Magistrates’ Courts. It was organized by the Diakonia Council of Churches in solidarity with the ‘Kennedy 12’, members of the grassroots shack-dwellers movement called Abahlali baseMjondolo, who stand accused on various charges relating to attacks in the Kennedy Road Informal Settlement in September last year. I’ve written before about this situation and the judicial process around it, that is proving to be such a revealing litmus test of the health of our democracy and the organs of state that exist to serve the people of this land. You can read that blog at http://j.mp/8uAAn1 or you can visit the Abahlali website at www.abahlali.org to find out more.

This is to remind you that the prayer service for the Kennedy 12 will be held tomorrow, Friday 22 January at the Durban Magistrate’s Court at 8:30 am. Five of the accused will be awaiting judgement in their bail application while seven will be seeking relaxation of their bail conditions.

We have stood by Abahlali from the beginning. Can we afford to abandon them now? They need us more than ever before. We implore all clergy and church leaders, people of faith and those concerned for our democracy, to earnestly consider their presence at this service.

Click here to read this document in pdf.

‘Current powers threatened by the power of the poor’
- Bishop Michael Vorster

On 11 December, church leaders, family members and friends of the Kennedy 12 held a prayer service outside the Durban Magistrates? Court organised by Diakonia Council of Churches.

In his message of solidarity Bishop Michael Vorster of the Methodist Church of Southern Africa said the week had seen three significant events, namely, the launch of the climate change document, the peace procession against violence on women and children and the Kennedy 12 prayer service. “Common to the three events is the question: Will justice be done?”, he said.