Durban land occupiers take municipality to court

Residents of KwaDabeka, east of Durban, are seeking an interdict from the High Court to stop the eThekwini municipality from demolishing their shacks, which it has allegedly been doing without an eviction order.

The approach to the court on 5 August came after the approximately 200 households, from Clermont and KwaDabeka C-Section, moved onto the City-owned land on 11 May after clearing it of bush. City law enforcement units then demolished the shacks on 28 May.

However, the land occupiers rebuilt their homes the next day, with law enforcement returning to demolish the structures again on 3 June.

The pattern of rebuilding and demolition continued, until in July the land occupiers approached civic organisation Abahlali baseMjondolo and asked them to provide legal assistance.

Land occupier Nombuyiselo Gcenga, who has two children, said the reason she decided to move onto the City-owned land was because she cannot afford to continue renting accommodation for her family.

“In the month of June and July they would demolish our shacks almost every week,” said Gcenga. “Every time when the municipality law enforcement arrived we ran away because they don’t negotiate with us. They just shoot us with rubber bullets.”

She said no eviction order had ever been presented to her or any of her fellow land occupiers.

“That is why we have the Abahlali baseMjondolo civic organization to come and intervene in this matter,” she said.

Fellow land occupier Bhekizitha Cele, said he was happy the matter was going to be heard by the court.

“Every time when we are trying to rebuild we are being assaulted by police and other people, ” said Cele.

Abahlali baseMjondolo deputy president Mqapheli Bonono said the case had been filed at the High Court through their lawyers in Durban, and were waiting for a hearing date to be provided.

“We will always defend those people who are vulnerable because we believe that every person should have shelter,” said Bonono.

eThekwini Municipality spokesperson Gugu Sisilana said she could not discuss the matter as it was “currently sub judice (before the court)”. In fact, there is no legal basis for the claim that one cannot comment on a matter because it is before a court.

Published originally on GroundUp.