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.