Socio-Economic Rights Institute of South Africa

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.

Kennedy Road Shack Dwellers Sue Police

Submitted by Abahlali_3 on Thu, 2012-09-27 15:23. court | police | Socio-Economic Rights Institute of South Africa | The Attack on AbM in Kennedy Road

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.

eThekwini Municipality Disobeys Court Order to Provide Housing and Investigate Corruption

Submitted by Abahlali_3 on Wed, 2012-02-29 15:02. court | Richmond Farm Transit Camp | siyanda | Socio-Economic Rights Institute of South Africa | transit camps

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

Submitted by Abahlali_3 on Mon, 2011-12-12 16:26. Abahlali baseMjondolo | court | howick | Socio-Economic Rights Institute of South Africa | tumbleweed

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.

SERI Statement on the Kennedy 12 Trial

Submitted by Abahlali_3 on Mon, 2011-07-18 19:06. court | slums act | Socio-Economic Rights Institute of South Africa | The Attack on AbM in Kennedy Road | The Kennedy 12

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

M&G: Lawyer claims Marikana witnesses arrested, beaten

http://mg.co.za/article/2012-10-24-lawyer-claims-marikana-witnesses-arrested-beaten

Lawyer claims Marikana witnesses arrested, beaten

by Niren Tolsi

Lawyers acting for families of 21 of the miners killed at Marikana in August have called for the immediate release of four witnesses arrested by police on Tuesday night, as they were returning from the Farlam commission of inquiry into the tragedy, being held in Rustenburg.

According to the Socio-Economic Rights Institute of South Africa (Seri), Zamikhaya Ndude, Sithembele Sohadi, Loyiso Mtsheketshe and Anele Kola were arrested when a taxi carrying 14 people, who had attended Tuesday's proceedings, was stopped by a police armoured vehicle.

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Police Intimidation of Witnesses at Marikana Commission of Inquiry

Submitted by Abahlali_3 on Thu, 2012-10-25 06:36. Marikana Commission of Inquiry | Marikana platinum | Massacre on Nkaneng Hill | police | Socio-Economic Rights Institute of South Africa

PRESS RELEASE

Issued by: Socio-Economic Rights Institute of South Africa (SERI)

24 October 2012

POLICE INTIMIDATION OF WITNESSES AT MARIKANA COMMISSION OF INQUIRY

Yesterday evening, four persons who were assisting the Socio-Economic Rights Institute of South Africa (SERI) in our work at the Marikana Commission of Inquiry were arrested, ostensibly on charges of murder. The names of the arrested persons are: Zamikhaya Ndude, Sithembele Sohadi, Loyiso Mtsheketshe and Anele Kola.

These persons were picked out from a minibus taxi transporting a group of 14 people, who had been attending the Commission’s hearings yesterday, back to their homes in or near Marikana. The taxi was stopped by a police armoured vehicle. The four were pointed out and arrested, apparently by, or on the information of, a police officer who had attended the Commission’s hearing yesterday. Hoods were placed over their heads and they were told not to speak, or they would be shot.

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Papers for the Richmond Farm Transit Camp Case Against the eThekwini Municipality

For a collection of media on The background to the struggle in the Richmond Farm Transit Camp, and this court action, click here.

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Arrest and release of Simphiwe Zwane in Thembelihle - 24 October 2011

Submitted by Abahlali_3 on Mon, 2011-10-24 19:15. Democratic Left Front | Operation Khanyisa Movement | Simphiwe Zwane | Socio-Economic Rights Institute of South Africa | Thembelihle

Arrest and release of Simphiwe Zwane in Thembelihle - 24 October 2011

Councillor Simphiwe Zwane, a ward councillor for the Operation Khanyisa Movement (OKM) - an affiliate of the Democratic Left Front (DLF) - representing the Thembelihle informal settlement and its surrounds, was arrested late on Friday 21 October 2011 on charges of intimidation. The charges stemmed from her participation in and organisation of recent protests at the settlement. Zwane was charged with intimidation of the local ANC councillor.

The arrest took place the day after Bhayiza Miya, another organiser of the protests was released on bail by the High Court, after it decided that there was insufficient evidence against him to support an almost identical charge of intimidating the local ANC councillor – and no evidence at all against him on a number of other charges (including public violence and malicious damage to property) relating to the recent protests.

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SERI: Supreme Court Upholds the Rights of the Poor

Submitted by Abahlali_3 on Thu, 2011-03-31 08:20. City of Johannesburg v Blue Moonlight Properties | court | law | Socio-Economic Rights Institute of South Africa

There is a lot of background detail to this case at the SERI site here.

SERI PRESS RELEASE
30 MARCH 2011

Supreme Court Upholds the Rights of the Poor

SCA criticises "irrational" City of Johannesburg and declares City housing policy unconstitutional

The Supreme Court of Appeal (SCA) today declared the City of Johannesburg's housing policy irrational, discriminatory and unconstitutional. The SCA directed the City to provide temporary emergency accommodation to approximately 100 desperately poor people living in derelict buildings in Berea, Johannesburg by 1 June 2011. The occupiers stand to be evicted by the owner of the property. They would be rendered homeless without assistance from the City.

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