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State turns against shack dwellers 10 October 2009
UP IN FLAMES: Residents of Joe Slovo informal settlement have to contend with more than fires as they try to secure permanent homes for themselves. Picture: ESA ALEXANDER
THE appellants in the Joe Slovo shack dwellers’ case against Thubelisha Homes might be forgiven for thinking the law is an idiot and an ass (and a bachelor, no doubt) after a recent ruling of the Constitutional Court.
Five Constitutional Court judges unanimously upheld last year’s high court ruling by Judge President John Hlophe that the 20000-strong community be evicted and relocated from the Joe Slovo informal settlement adjoining Langa, Cape Town’s oldest township, to Delft, 34km away.
Last month, a full bench of Constitutional Court judges suspended the court’s order indefinitely following an application by Housing Minister Tokyo Sexwale that expressed “grave concerns” about the “practical, social, financial and legal consequences” of the relocation.
In the context of the lengthy, ongoing struggle of Joe Slovo’s residents against the infamous N2 Gateway Housing Project for which they were to be relocated, it is difficult to see how the earlier decision overlooked such consequences.
It has become commonplace to compare the government’s relocation of shack dwellers with the forced removal policies of the apartheid government . The difference, however, is the recourse to law that the post-apartheid government has facilitated — which organisations such as the shack dwellers’ movement, Abahlali baseMjondolo, have been using.
One of the movement’s targets is KwaZulu-Natal’s Elimination and Prevention of Re-Emergence of Slums Act of 2007. It allows for a person resisting eviction to be imprisoned for up to 10 years .
In November last year, Abahlali baseMjondolo challenged the act in the Durban High Court. After Judge President Vuka Tshabalala rejected their attempt to have the slums act declared unconstitutional, they took the case to the Constitutional Court.
At the Constitutional Court hearing in May , Adv Wim Trengove, acting for Abahlali baseMjondolo, argued that the slums act seemed to be in conflict with the 1997 National Housing Act, national housing policy and provisions of the 1998 Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
This landmark piece of legislation, known as the PIE Act, gives effect to Section 26 (3) of the constitution which states: “No one may be evicted from their home or have their home demolished without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”
The circumstances the act considers are how occupiers came onto the land; how long they have lived there; the needs of its elderly, disabled, children and female- headed households; and the availability of suitable alternative accommodation.
The Constitutional Court judges in the recently reversed Joe Slovo judgment made three humane provisions in line with these circumstances . The state should provide 70% of the low-cost housing to be built in the N2 Gateway Project to former or current Joe Slovo residents who applied and qualified for housing. The residents were to be allowed to take part in a phased process of removal ; and the court ruled that they be relocated to sturdy temporary residential units serviced with tarred roads and communal ablution facilities at Delft or another suitable location.
As the housing minister’s application suggests, these provisions appear less than humane when viewed against the history of the N2 Gateway Project.
Phase 1 of the project was completed in mid-2006, with 705 rental flats. Very few of the 1000 families who were moved from Joe Slovo to Delft to make way for this were accommodated .
Phase 2, the building of bonded houses in the Joe Slovo area and Delft, is out of the financial reach of most of the shack dwellers .
Thubelisha Homes, the now defunct section 21 company appointed in 2006 to implement and manage the N2 Gateway Project, has moved people out of the slum-like conditions at the temporary camp into permanent houses at Delft at a rate of 10 families a year.
In March this year, Abahlali baseMjondolo won a victory in the Durban High Court, which granted eight orders that provided for judicial oversight of the Richmond Farm transit camp to which residents of Siyanda in Durban were being relocated.
They had been promised houses in the Khalula development, but when this fell through as a result of corruption, Bheki Cele, the transport MEC at the time, sought their forced removal to the Richmond Farm transit camp.
Residents were offered no guarantees about conditions in the camp, the duration of their stay and where, if anywhere, they would be sent next.
They approached the Durban High Court for protection.
The court ordered that the families moved to the transit camp be given permanent, decent housing within a year.
It asked for a report on the corrupt allocation of houses in Siyanda and, where necessary, that restitution be made to the victims of the corruption.
Then in August, the South Gauteng High Court ruled there could be no evictions at the South Protea settlement in Johannesburg until the possibilities of upgrading the site and relocation to a nearby site had been investigated. It gave the City of Joburg a month to report on the provision of water, sanitation, refuse removal and lighting at Protea South and ordered that “meaningful engagement” be undertaken with the Landless Peoples Movement .
Residents of Protea South had since 2003 been resisting eviction to Doornkop, which they describe as a “human dumping ground” distant from their places of work and their children’s schools .
Despite the importance of residential location to the livelihoods and family structures of slum dwellers, the Joe Slovo ruling stated : “The right (to housing) is a right to adequate housing and not the right to remain in the locality of their choice, namely Joe Slovo.”
In the landmark 2007 Olivia Road case in which more than 400 occupiers of two buildings in the Johannesburg central business district appealed against eviction, the Constitutional Court stated that engagement is a two-way process in which the city and those facing eviction should talk to each other meaningfully.
The Constitutional Court judges in the Joe Slovo case also ordered that residents be allowed full participation in their removal .
However, when eviction is fiercely resisted, and where there has been no evidence of “structured, consistent and careful engagement” in the past, this might seem at worst mischievous and, at best, legal naivety.
Kennedy Road gets global response Weekender 10 October 2009
OUTSIDE SUPPORT: The Kennedy Road settlement was attacked by a mob led by shebeen owners in protest against a curfew curtailing trading hours. So far, more than 1000 scholars, activists, supporters and veterans of the struggle have signed a petition to President Jacob Zuma in solidarity with the community. Picture: MHLABA MEMELA
ON FRIDAY , a group of protesters gathered outside the South African consulate in New York to protest against a “shack dwellers movement under attack in Durban”. The protest, similar to gatherings outside the consulate during the ’80s protesting against apartheid, was organised by New York organisations Picture the Homeless, the Poverty Initiative, and Domestic Workers United.
The organisations had met representatives of the shack dwellers movement Abahlali baseMjondolo in New York in August.
“As Abahlali baseMjondolo faces attack and repression in Durban, poor and struggling people and our allies in New York City make common cause and stand with our friends in SA,” the three organisations said in a statement.
On Tuesday, a small group picketed the South African embassy in London in support of the shack dwellers.
Around the world, millions of people are responding to recent events in a small informal settlement near Sydenham in Durban, known as Kennedy Road.
Residents of the settlement were shocked on September 26 when an armed mob went from house to house, forcing people to join their planned protest.
Abahlali baseMmjondolo president Sibusiso Zikode says the mob was led by shebeen owners in the area who were protesting against a curfew that banned them from trading for 24 hours.
According to Zikode, the mob allegedly attacked the homes of local committee members of his organisation. In the 20-hour battle that ensued , about 27 shacks were destroyed, several people were killed and more than a thousand displaced.
Although many people have tried to politicise the incident, Zikode maintains it was sparked by the curfew imposed by local police and the safety and security committee in an attempt to curb crime in the settlement.
This was an incident that deserved front-page coverage in local newspapers and a lead place on radio news bulletins. But the news of the attack reached every corner of the world — and sparked condemnation and protests.
The community of Kennedy Road — under the leadership of Abahlali baseMjondolo, a civic organisation that fights for housing and basic services — received solidarity messages from human rights organisations, academics and churches across the globe.
The United Nations former special rapporteur on housing made himself available to the South African press for interviews. Miloon Kothari said he had visited Abahlali baseMjondolo in April 2007 and wrote a report on housing in SA in which he specifically commended their work.
Since the attack, 1164 scholars, activists, supporters and veterans of the anti-apartheid struggle have signed a petition to President Jacob Zuma in solidarity with the Kennedy Road community.
It was drafted by Raj Patel, a British-born academic, journalist and activist who is based in San Francisco.
Like many people who have sent messages of support to the residents, Patel lived in Durban for two years and visited Kennedy Road several times.
Zikode says his organisation’s mailing list of 1500 e-mail addresses was instrumental in spreading the news of the attack to the world.
People on the list include academics, students, human rights movements, businesses, journalists and “ordinary people”.
Zikode says Abahlali baseMjondolo gained prominence in 2005 when it staged protests against forced evictions in Durban and clashed with police. “When the government banned our marches, that is when we gained our popularity.”
The movement formed partnerships with other local, like- minded organisation such as the Anti-Privatisation Forum and the Landless People’s Movement , which eventually came together in the Poor People’s Alliance.
To date, Zikode claims Abahlali baseMjondolo has 50000 registered members in KwaZulu-Natal and more in Khayelitsha in the Western Cape.
He says the relationship with international universities was formed when foreign students visited informal settlements, including Kennedy Road . They wrote reports about conditions in the area and returned home to mobilise support .
Abahlali baseMjondolo leaders have been invited to seminars and workshops in the UK, US and other countries, where they have spoken about the struggle of the poor in SA.
“That is where we formed relationships with other human rights organisations such as Amnesty International, Dignity International, War on Want and many others,” says Zikode.
“We have gone overseas recently. We have been invited by churches to visit England and America. We go there to speak the truth. That is our right.
“ It is true we have supporters in other countries. Most of these people are the same people who supported the struggle against apartheid. They are supporting our struggle because our struggle is clearly just.”
The movement uses new media tools such as Facebook and YouTube to great effect. It has seven videos on YouTube and the Kennedy Road attack clip has been viewed more than 1800 times.
Zikode says the Abahlali.org website gets 3000 hits a day. Photographs of international and local solidarity protests following the Kennedy Road attacks are posted daily on the site.
The movement also stars in a documentary film, A Place in the City, which has been screened at festivals and universities around the world. Director Jenny Morgan shot the film in settlements around Durban, asking residents about their daily lives and their hopes for the future.
“Many people have contacted us asking what they can do to support us,” Zikode says. “We want to thank all those who are supporting us — especially the church leaders and all those comrades who organised protests in London and in Grahamstown.”
Dumping ground' for unwanted people Friday, October 9, 2009
A man with discoloured skin -- dying alone in a shack of Aids -- speaks volumes about conditions in Blikkiesdorp, described as a "dumping ground" for unwanted people in Cape Town.
Set up in the Cape Flats settlement of Delft, primarily to stifle illegal invasions of newly constructed houses in the N2 Gateway Project, it has seen the resettlement of other people who have been relocated or evicted, including squatters ousted from Salt River's derelict Junction Hotel.
Tensions were stirred when refugees displaced by xenophobic violence and held at the Blue Waters refugee camp were recently moved to the site.
The city's official name for Blikkiesdorp -- named after its 1 300 3m x 6m zinc structures -- is the Symphony Way Temporary Relocation Area. It is a deceptively soothing name for a sink of poverty, crime and disease.
According to city spokesperson Kylie Hatton, it is one of the Cape Town's 223 informal settlements. Costing taxpayers R32-million to construct, Hatton said it is expected to grow to about 1 600 structures with a population of about 5 000.
She strenuously denied that it is a depository for the unwanted, saying "it compares extremely favourably with all the other [settlements] with respect to services, shelter, environment and density".
"It's an emergency area in terms of a national housing programme for people in emergency living conditions."
But Warda Jina, among Blikkiesdorp's first residents, disagrees. "This is just our dumping ground. It was a bad idea to expand the place and it's getting worse.
"The government said it was temporary accommodation and we'd be moved to houses. They're lying. We don't know how long we're going to live here -- maybe 20 years."
Ironically, the shack-dwellers initially faced threats from others who are even less fortunate who wanted to move into their structures.
"The refugees now have what others want. The same thing happened to us. People would bang on our windows and threaten to throw us out."
Jina said the refugees have been moved to a place of "crime and drugs next to the bush of evil" -- a reference to the vast shrub-covered area surrounding Blikkiesdorp, where she and a friend stumbled across a murdered child's body.
Blikkiesdorp resident Samsam Ahmad, a Somali refugee who has two small children, has warned other refugees still living in Blue Waters that Blikkiesdorp is not a safe alternative. She fears death and cannot sleep.
"We were told we're going to get protection but our lives are in danger. Every night people knock on our doors and say they want to burn us. My children's lives are at risk. We don't sleep at night and don't know how long we will stay here," says Ahmad.
Eddie Swartz, one of 18 members of the community committee, told the Mail & Guardian that at least 2 500 residents that need medical care and "most of them are HIV-positive". Swartz also chairs the health committee.
"Things are very critical. Patients get anti-retroviral drugs from the Delft clinic but they don't have food. We have some help from NGOs but we need a container with 24-hour healthcare. Patients will die if there's no ambulance to fetch them," said Swartz.
"We also have a TB problem. We have only three health volunteers. We know we're not going to get houses but we can't die here. We're not animals."
Charlene May, a Legal Resources Centre attorney, said the LRC was preparing do legal battle with thecity, which is seeking an order to evict about 300 refugees still at Blue Waters.
Moving refugees to Blikkiesdorp had been was part of out-of-court negotiations which were now frozen.
"No one else who was considering moving [to Blikkiesdorp] will move there now," said May.
Hatton said Blikkiesdorp has access to the Delft Community Health Centre 2,5km away. Residents also received TB and child health care.
South Africa's Poor Targeted by Evictions, Attacks in Advance of 2010 World Cup The South African Civil Society Information Service 5 October 2009
Thousands of South Africans are being displaced in preparation for the 2010 World Cup. While Durban completes the finishing touches on its new stadium, thousands of the city’s poor who live in sprawling informal settlements are threatened with eviction. On Saturday, an armed gang of some forty men attacked an informal settlement on Durban’s Kennedy Road, killing at least two people and destroying thirty shacks.
Democracy Now speaks to two South African activists who are fighting back. Mazwi Nzimande, president of the Shack Dwellers Movement’s youth league. He has been displaced by this latest attack and is currently in hiding. And Reverend Mavuso Mbhekiseni, member of the Rural Network in South Africa. The South African Civil Society Information Service
Madisha beats a hasty retreat CARIEN DU PLESSIS 10 October 2009
COPE MP Willie Madisha had to flee through the back-door because he feared for his life at a parliamentary public hearing on labour brokers when his former Cosatu comrades disrupted the gathering.
His experience was shared by a labour broker who left straight after making his submission to the labour portfolio committee.
Madisha, the former Cosatu president, said he did not dare walk through the 300-strong crowd in Cosatu T-shirts that had crammed into the stuffy Ekurhuleni council chamber in Germiston on Wednesday night for fear of being attacked. "I am not happy. We did not feel safe and this has got to stop."
Madisha also said he had a problem with the songs sung by the people brandishing sticks and vuvuzelas.
"If people come with sticks and songs get sung that they (Cope and the DA) protect slavery and rape, and must be dealt with, what does that mean? (It means) kill them," Madisha said at a joint press conference in the DA's Parktown office in Joburg on Thursday.
Madisha and DA MPs Andrew Louw and Ian Ollis withdrew halfway through the hearing after they were booed by the crowd when they were introduced, while ANC and IFP MPs were cheered.
Trade union leaders such as Cosatu president S'dumo Dlamini and National Union of Metalworkers of SA general secretary Irvin Jim made numerous requests to workers to keep quiet, but their pleas mostly fell on deaf ears.
Acting committee chairwoman Lusizo Makhubela-Mashele initially denied that she heard any booing, but later said the booing was "normal".
She said there were police in the chamber and no one had a reason to feel unsafe.
Residents demand removal of councillor Sikho Ntshobane 10 October 2009
IRATE residents from the Lesseyton area are putting pressure on Lukhanji Municipality to get rid of Ward 27 councillor Nombuyiselo Ndlebe who they accuse of being arrogant, self-serving and an obstacle to service delivery in the area.
The Lesseyton area comprises seven villages including Vrigin, Zola, Ekuphumleni, Engojini, Trust, Thabata and Xhuma.
An estimated 150 residents from the villages embarked on a protest march to the Lukhanji offices at the Queenstown Town Hall yesterday demanding the removal of Ndlebe.
The march, observed by a heavy police presence, culminated in the handing over of a memorandum to Executive Mayor Mzwabantu Dapula who was accompanied by Municipal Manager Professor Bacela.
Villagers, armed with placards calling for Ndlebe’s removal, sang songs including “Ndlebe is corrupt, come Zuma come and down with Ndlebe.”
The marchers accused Ndlebe of being a divisive influence in her ward and that she was allegedly using her position to further her own business interests.
Claims were also made that she had given disaster relief emergency houses to people who had not been on the list.
“No service delivery has taken place in this area since she was voted as a councillor. Our streets are in a bad condition, there are no RDP houses. When people need her to help them, she refers them to the municipal offices in town while government is saying it is trying to bring development closer to the people,” villagers said.
The Rep has been reliably informed that Ndlebe has reportedly left the area and is now residing in Mcbride near Whittlesea.
The residents gave the municipality seven days to respond to the demands, failing which they would reportedly embark on another protest action.
The Rep was unable to get comment from Ndlebe as she did not answer her cellphone when contacted by the newspaper.
Dapula said the grievances would be looked into by the council.
He added that the council would only hold another meeting in November and would therefore be unable to make the seven day deadline, much to the dismay of the protestors. - By Sikho Ntshobane, sikhon@dispatch.co.za
Abahlali BaseMjondolo calls for Zuma to intervene Sapa 7 October 2009
ANC accuse of using Kennedy Road attack to destabilise ABM
DURBAN (Sapa) - A Durban-based shack dwellers' organisation on Wednesday called on President Jacob Zuma to help resolve tensions that saw two of its members killed and shacks destroyed.
Abahlali BaseMjondolo (ABM) representatives told journalists in Durban they were having sleepless nights following recent attacks.
Thabani Ndlovu and Thokozani Mnguni were stabbed and beaten to death, and scores injured when about 40 men carrying assegais, knobkerries and guns attacked them at Kennedy Road settlement on September 27.
The settlement was attacked during an ABM youth camp.
"We believe that attacks were carried out by African National Congress members. We believe that Zuma will be a suitable person to help us because he is the president of the ANC," said Mazwi Nzimande.
He claimed the attack was an ANC and provincial government attempt to destabilise ABM, which represented the interests of informal settlement dwellers.
The government did not take kindly to the fact that ABM was challenging the recently passed Slums Act in the Constitutional Court, he alleged.
"We will write a formal letter to Zuma because we believe that he can help us. The provincial leadership of the ANC has not intervened."
The failure of ANC provincial leaders to get involved was an indication they condoned the attack, he added.
Nzimande said many Kennedy Road residents, including ABM leader Sibu Zikode were still in hiding.
"We just don't know who is next. We don't know when these people will attack us again."
Nzimande said the ANC-led government had failed to provide them with houses since 1994.
"We were shocked to see the ANC announcing that they would build [athlete] Caster Semenya a house. Thousands of us have been waiting for houses far too long."
ANC provincial spokeswoman Nomfundo Mcetywa denied the party had failed to help Kennedy Road residents resolve tensions.
"We have indicated clearly that we want to work with them, but they don't want to co-operate. We also don't understand why they continue accusing the ANC because the cops have put it on record that it was a criminal attack."
Mcetywa said ANC deputy provincial chairman and safety MEC Willies Mchunu had visited Kennedy Road twice after the attack.
"Leaders of Abahlali Basemjondolo have turned down Mchunu's invitation to meet with them. We really commend Mchunu for the efforts he has made," Mcetywa said.
Shops looted as Sakhile protests continue Cathy Mohlahlana 8 October 2009
Sakhile township residents in Mpumalanga have vowed to continue violent demonstrations until President Jacob Zuma addresses their concerns.
They say they are sick and tired of poor service delivery and corrupt local councilors.
Residents burnt down a shop and looted three others in the area on Wednesday.
While dozens of residents forced their way into shops, others stood on pavements watching.
They broke down doors, destroyed appliances and stole goods - some started fighting for the looted stock.
Police had their hands full trying to control unruly crowds as roads into the township were blockaded.
Police promise zero-tolerance towards Sakhile violence SABC 8 October 2009
The South African Police Service says they will apply a zero tolerance approach when it comes to restoring peace in Sakhile township near Standerton. This comes after angry residents burned down a shop belonging to a Pakistani national during a funeral service yesterday.
The residents blame the foreign nationals for the death of a man who was shot dead during the recent service delivery protests. Police spokesperson Leonard Hlati gave an assurance that the situation is being monitored by public order police personnel who will not be removed from the township until the area is declared safe.
Last week, the Mpumalanga residents pronounced that the African National Congress-led government has failed them. They said 15 years into democracy their lives have not changed for the better. Residents have been looting, vandalising and burning council property in protest over lack of service delivery and alleged corruption by council officials.
At the beginning of this month, Sakhile residents barricaded roads with burning tyres and stones, preventing entry and exit to and from the township. The residents demanded that all municipal councillors resign after the release of a report from an investigation implicating several officials and councillors in fraud, mal-administration and corruption practices.
Residents protest about poor services in Newcastle SHARIKA REGCHAND PIETERMARITZBURG BUREAU 8 October 2009
DISGRUNTLED ratepayers in Newcastle, northern KwaZulu-Natal, yesterday took to the streets in protest over service delivery issues. Clifford Mkhize, of the Newcastle Residents' Forum, said the march had been well attended.
A memorandum had been handed to the acting mayor, Afzul Rehman, who indicated that municipal officials would meet community leaders to try to resolve the grievances.
A batch of electricity bills were also handed to him, as the residents had complained that they were being overcharged.
Sipho Magudulela, also of the residents' forum, said they were tired of the "appalling and awful" services offered by the municipality.
"The march follows an outcry from community members over exorbitant rates, electricity bills and many other service delivery issues, which have turned the town into a complete mockery," he said.
Magudulela said residents would no longer tolerate discourteous and degrading service. "Public servants have literally become a menace to society. Enough is enough, it's time communities regain respect," he said.
Rehman said the protest had come as a surprise as the issues raised had previously been addressed. "We have addressed most of the issues they raised, even changing the council's policy to accommodate them."
He said that while it was conceded that the electricity bills were exorbitant, the municipality had only charged residents the increase imposed by Eskom, nothing more.
He said the protesters were from historically advantaged suburbs and he had never heard of service delivery issues being raised in those areas. sharika.regchand@inl.co.za
Warwick traders may claim equity Sinegugu Ndlovu (The Mercury) 8 October 2009
THE developers of a mall planned as part of a development project for Durban's Warwick Junction have agreed to give informal traders who do business in the area a slice in the development, but have asked for more time to consider the exact equity percentage.
The Unicity Informal Sector Forum's working committee, which represents traders in support of the development, met Warwick Mall (Pty) Ltd representatives at the Durban City Hall yesterday.
The meeting came after a provincial task team - appointed by Premier Zweli Mkhize to resolve the dispute between some traders and the city over the development - recommended that the traders be given shares in the mall.
Some traders are opposed to the mall, saying it would put them out of business.
Working committee chairman Nicholas Zondo said while yesterday's meeting had been aimed at laying the foundation for negotiations, it had been successful. He said the possibility of traders getting business and employment opportunities during and after construction of the development was discussed.
"They did not oppose our owning equity in the development. We didn't give them a percentage... They said they needed more time to consult with the rest of the shareholders and we would talk after that," he said.
Warwick Mall co-developer Themba Ngcobo confirmed that the developers had agreed in principle to give the traders equity in the development.
He said the developers were also willing to establish institutions that would find ways for the traders to benefit from the development.
Cops concerned by UCT students' march By Lyndon Khan 7 October 2009
Uniform grey clothing and stark faces, hands and arms smeared with a mixture of grey clay, characterized a "silent" protest march by a group of University of Cape Town fine art students to various "colonial" sites around Cape Town.
Second year student, Haroon Gunn-Salie said they were given a project that had to be a "socially conscious intervention" in city space on the "discourse of art".
Yesterday(wed), the march started at the Michaelis School of Fine Art and went to the grounds of the national art gallery, where the "painting" of students began. Two students stood on large blocks and applied the clay mixture to their faces and arms.
They then proceeded to smear the clay onto other students, who left to line up along the paved pathway directly facing the gallery. They stopped at a number of "sites of conscience" around Cape Town, standing in formation, remaining still and silent for 10 minutes at each site.
The group angered some police officers at one of its sites - the Central police station where Imam Abdullah Haron was murdered in 1969 - when they saw the students being photographed. The youngsters had placed their hands behind their heads in an execution style pose. Police expressed concern at how these photos would be interpreted if published.
Students had planned a march with "site-specific" stops around the CBD.
# This breaking news flash was provided exclusively to www.iol.co.za by the news desk at our sister title, The Cape Times.
Cosatu members break up meeting CARIEN DU PLESSIS & Nompumelelo Magwaza 8 October 2009
THE DA and Cope walked out of a public hearing on labour broking in Germiston last night after it turned into a political rally, flooded by Cosatu members who booed MPs and shouted "voetsek" to speakers they disagreed with.
Tempers rose as about 300 people crammed into the Ekhuruleni council chambers.
Among them were people wearing Cosatu T-shirts who were singing and chanting and brandishing placards, as well as labour brokers and members of the public.
Cosatu president Sdumo Dlamini, Numsa president Cedric Gcina and its general secretary Irvin Jim also attended. Jim appealed in vain to members to be quiet so that the process could "be legitimate".
A very annoyed Cope MP Willie Madisha, the former Cosatu president, bore the brunt of the crowd's disapproval after Cope and the DA last week came out in favour of better regulation, rather than a ban of labour broking.
DA MP Ian Ollis walked out with Madisha after an hour of chaos during which parliamentary staff struggled to bring proceedings under control.
At Isipingo, yesterday, workers from Edcon spent the entire day picketing.
Addressing workers outside the premises, Numsa provincial spokesman Sibongiseni Myezi said the workers should fight against the exploitation taking place in their workplaces.
"We would be happy if the unions help us understand our rights and also help us get permanent jobs," said an employee.
Myeza said a public hearing on labour broking would be held at the Winston Churchill Hall in Pietermaritzburg at 5pm today.
Cosatu protests labour brokers countrywide Sapa 8 October 2009
CO SATU affiliates protested against labour brokering across the country yesterday.
Cosatu had called for a day of picketing as part of a global worker protest organised by the International Trade Union Confederation.
“Here in South Africa the focus will be on labour brokering, which Cosatu has vowed to see outlawed,” the federation said.
National Union of Mineworkers spokesperson Lesiba Seshoka said that 1500 of its 3500 branches participated in picketing.
In Johannesburg, National Union of Metalworkers of South Africa (Numsa) general secretary Irvin Jim attended a lunch- time picket in Wadeville near Johannesburg, which he said drew 700 workers.
He said the union had held pickets in nearly all provinces.
“I’m extremely happy, for obvious reasons,” said Jim.
However, not all unions were as active in the day’s picketing.
South African Democratic Teachers’ Union (Sadtu) spokesperson Nomusa Cembi said that to her knowledge only its members in the Western Cape participated in lunch-time pickets. Sadtu’s leadership did not attempt to organise nationally. “It was just up to the people in the provinces,” she said.
Some of the protests were reportedly marred by violence. Numsa members protesting in Isithebe, an industrial area in Durban, smashed windows, said KwaZulu-Natal police.
“The workers, who were carrying sticks and knobkerries, broke factory windows and burned objects on the road,” Captain Khephu Ndlovu said.
“Over 1000 workers downed tools . The workers were supposed to picket during their lunch time but they embarked on a massive march.”
Ndlovu said no arrests had been made. Jim said he had looked into the matter and denied that Numsa members were engaged in vandalism. “Yes, members picketed and there was absolutely no violence.”
Unions described the practice of labour brokering as “human trafficking” and “slavery”.
Parliament is currently holding hearings on the practice of labour brokering, with many MPs from the ANC condemning the practice .
However, parliamentarians from the DA and Cope have instead argued that labour brokering should be self-regulated rather than banned.
“Cosatu is wilfully avoiding the real issues – like the fact that their ridiculous suggestion of banning labour brokers would place 500000 jobs in jeopardy,” said MP and DA spokesperson on labour Andrew Louw .
“Instead, they would rather force their members to participate in insipid activities that will not change anything or help anyone.”
Louw added that banning labour brokering would also hinder government work. He said that the departments of Agriculture, Communications and Public Enterprises had said they used labour brokers during parliamentary hearings.
Cosatu’s call for a day of protests and picketing was “a signal that the union is slowly but surely losing the argument”, said Louw.
Seshoka said that his union would be watching closely the outcome of the parliamentary debate. “We hope to intensify the action depending on the outcome of the public hearings,” said Seshoka.
“We cannot overrule the possibility of a complete shutdown of the economy if our demands for the end of labour brokering are not attended to.” — Sapa
A cynical protest Business Day 8 October 2009
GIVEN that a promise to create “decent work” formed a prominent part of the governing party’s election manifesto earlier in the year — at the insistence of union federation Cosatu — one might have thought yesterday’s international World Day for Decent Work would have been an ideal opportunity for the alliance partners to explain to the people of SA why the opposite outcome has in fact come to pass.
SA has lost hundreds of thousands of jobs over the past six months, many of them decent, and the only employment the government has much hope of stimulating in the coming few months will almost certainly be indecently temporary, arising either from the public works programme or next year’s Soccer World Cup. So why is it even contemplating acceding to Cosatu’s demand for a total ban on labour brokers, which will undoubtedly make it harder for many unemployed South Africans to find jobs?
The government can hardly be blamed for the fallout from the global economic crisis, but it should challenge Cosatu on its insistence that it speaks for all South Africans when it states that if they can’t have “decent” work — full-time employment with all benefits, from pension contributions to maternity leave and medical aid — they would rather not work at all.
President Jacob Zuma clearly needs Cosatu’s political support now, but it would be a grave mistake to buy that endorsement by caving in to its ideologically driven demands. Zuma is president of all South Africans, not just those with formal sector jobs and union membership cards. In the long run, those who are without work will not thank him for failing to stand up for their right to choose between “indecent” jobs facilitated by a labour broker and the ignominy of long-term unemployment with chronic dependence on a rickety state welfare system.
For all its pretence of solidarity with SA’s unemployed masses, let it not be forgotten that Cosatu represents a privileged minority — those with the decent jobs it rightly values so highly. People employed by labour brokers are nigh on impossible to unionise, hence the unions’ cynical and self- serving insistence on a total ban on the practice. Cosatu’s private sector membership has been in long-term decline, partly because of the rise of labour broking, but let there be no doubt: its cunning plan to reverse the trend and restore its power on the shop floor is being implemented at the expense of the unemployed.
Zuma would be better advised to lean on new labour director-general Jimmy Manyi to ensure that existing labour legislation, which should adequately protect those who find employment through labour brokers, is applied properly. This is not the time to be experimenting with ill- considered policy changes motivated by an ally with a hidden agenda.
Metro police sit in to protest against Ngcobo’s reinstatement Citizen Reporter 7 October 2009
JOHANNESBURG - Johannesburg Metro Police Department (JMPD) officials affiliated to the SA Municipal Workers’ Union (Samwu) had a sit-in at their Martindale offices in Johannesburg yesterday – a demonstration of their rejection of the outcome of a probe into JMPD boss Chris Ngcobo.
Ngcobo officially resumed his duties as the JMPD’s chief on Monday after a court had cleared him, together with three other JMPD employees, of corruption charges brought forward by the union earlier this year.
JMPD chairman of the Samwu local Metro police, Ishmael Mangole, said that the probe into Ngcobo had run smoothly but “the results were cooked”.
“We do not agree with the outcome of the results,” he said.
Mangole said this as disgruntled JMPD officials were waiting for the city manager or the mayor to address them regarding the issue.“The workers want Chris to be summoned to a hearing and they will give evidence against him,” said Mangole.
Samwu, Metro police officials and the city manager are expected to meet this morning to discuss the matter.
Dbn factory workers protest Sapa 8 October 2009
DURBAN - Factory workers protesting against labour brokers smashed windows in a Durban industrial area on Wednesday, KwaZulu-Natal police said.
“The workers who were carrying sticks and knobkerries broke factory windows and burned objects on the road,” Captain Khephu Ndlovu said.
Ndlovu said the workers had been protesting in Isithebe since 8am.
“Over 1000 workers downed tools this morning Wednesday protesting against labour brokers. The workers were supposed to picket during their lunch time but they embarked on a massive march.”
No arrests had been made and police were keeping an eye on the situation.
The march was part of demonstrations organised by the Congress of SA Trade Unions to demand the banning of labour brokers.
Workers protest in favour of ban on 'labour broking' Mawande Jack LABOUR CORRESPONDENT 7 October 2009
COSATU affiliate unions demonstrated outside the City Hall in Port Elizabeth today (October 7) calling all companies in the Nelson Mandela Bay using labour brokers to do away with the practice that the labour federation call “modern day slavery.”
The protest coincides with the todays international celebration by global unions to promote 'decent work' as opposed to 'precarious work', which South Africa trade unions call labour broking.
Unions protest labour brokering, threaten strikes Sapa JOHANNESBURG, SOUTH AFRICA 7 October 2009
Congress of South African Trade Unions (Cosatu) affiliates protested against labour brokering on Wednesday and threatened strikes if the practice was not ended.
"We hope to intensify the action depending on the outcome of the public hearings," said National Union of Mineworkers (NUM) spokesperson Lesiba Seshoka.
"We cannot overrule the possibility of a complete shutdown of the economy if our demands for the end of labour brokering are not attended to."
Seshoka said that about 1 500 of NUM's 3 500 branches had participated in the protests.
National Union of Metalworkers of South Africa (Numsa) general secretary Irvin Jim attended a lunch-time picket of workers in Wadeville near Johannesburg.
He said that Numsa had held pickets in most provinces and about 700 people joined the Wadeville protest.
"I'm extremely happy for obvious reasons," said Jim.
However, not all unions were as active in the day's picketing.
South African Democratic Teachers' Union (Sadtu) spokesperson Nomusa Cembi said that to her knowledge only its members in the Western Cape participated in lunch-time pickets.
Sadtu's leadership did not attempt to organise from the national level. "It was just up the people in the provinces," she said.
Despite the lack of turnout, Cembi said Sadtu supported Cosatu's position on labour brokers.
"Because we are an affiliate of Cosatu, we do sympathise even if we are not directly affected," she said.
For Jim, though, the turnout by Numsa workers had been stirring.
"What is inspiring is how ordinary workers are responding ... because they have realised they will be back into slavery," he said.
Unions have described the practice of labour brokering as "human trafficking" and "slavery".
"Their practices are the absolute opposite of decent work," said Cosatu in a statement.
Cosatu had called for a day of picketing as part of a global worker protest organised by the International Trade Union Confederation.
"Here in South Africa the focus will be on labour brokering, which Cosatu has vowed to see outlawed," read the statement.
The trade union federation accused labour brokers of undermining unions by making workers transferable and difficult to organise. It said employers frequently looked to labour brokers to providing scab labour to break strikes.
"Labour broker are also basically anti-trade union," Cosatu said.
The Gauteng Alliance -- consisting of the African National Congress, the South African Communist Party, Cosatu and the South African National Civic Organisation -- spokesperson Dumisa Ntuli joined in the condemnation of labour brokers.
"As the alliance, we would like to express our utter contempt in the manner the labour brokers have undermined workers rights and the labour legislation in the country," said Ntuli.
"To better regulate [labour brokering] would not work because of incapacity of labour department to monitor irregularities and non-compliance," he said. -- Sapa
Labour broker ban ‘will see jobless soar’ Mawande Jack LABOUR CORRESPONDENT 7 October 2009
TEMPORARY employment agencies and labour experts have warned of huge job losses if trade unions succeed in pushing the government to legislate a total ban on labour brokers.
Adcorp Holdings chief executive Richard Pike said the number of job losses should the temporary employment services industry be banned would be so high that it would make the current spate of retrenchments pale into “insignificance”.
Affiliates of Cosatu are expected to engage in a countrywide mass protest today towards a final push to have the industry totally banned, as in Namibia.
Workers will hold pickets and lunch-hour demonstrations at various plants in Port Elizabeth and the Eastern Cape, said National Union of Metalworkers of SA (Numsa) general secretary Irvin Jim. He said all attempts by the union to have the industry regulated “have failed”, hence the resort to a total ban.
Labour broking in South Africa is a R20-billion industry which provides temporary jobs to about 500000 assignees a day.
Labour analyst Prof Eddie Webster warned of “unintended consequences” if the banning of labour brokers took place.
He said the government should first examine how the practice of labour brokers had been dealt with in other parts of the world.
The Wits University academic will present a paper on “Policy framework for the progressive realisation of the goal of decent work” today when the Federation of Unions of SA (Fedusa) celebrates the World Day of Decent Work.
The decent work campaign is part of the International Trade Union Confederation’s (ITUC’s) efforts towards ending precarious work, which includes labour broking.
Another labour law consultancy, Andrew Levy and Associates, also warned of huge unemployment problems if the ban took effect, as the industry “serves a useful purpose”.
Levy said he was in support of the Confederation of Associations in the Private Employment Sector (Capes) to have the industry regulated.
Capes spokesman John Botha was adamant that what was at issue was the lack of effective law enforcement on the part of the Labour Department, rather than transgressions by labour brokers.
Newcastle ratepayers to protest Sanelisiwe Shamase 7 October 2009
THE service delivery protests that have plagued municipalities across the country in recent weeks are far from over.
Today, Newcastle Municipality will be added to the list when fed-up ratepayers march through the streets in protest over service delivery issues.
Sipho Magudulela of the Newcastle Residents’ Forum said: “This follows an outcry from community members over exorbitant rates, electricity bills and many other service delivery issues, which have turned the town into a complete mockery.”
Chief among their grievances is the issue of rates tariffs. Magudulela said there were grave concerns about the property valuation process and the tariffs approved by council are unacceptable.
He said ratepayers are complaining that their rates have increased remarkably and they are unhappy with the way the municipality implemented the Municipal Property Rates Act.
Magudulela said the municipality failed to engage with the community before the implementation of the act, as the law requires, and people were merely informed of the new tariffs via newspaper notices.
“We told them ratepayers were unhappy with the implementation of the act, so we asked them to review it. They told us the issue of exorbitant rates was a debatable one, but they have clearly treated ratepayers and the law with contempt. There are no records to prove that they have engaged ratepayers over this,” he said.
He said residents are also reeling over their increased electricity bills and some may lose their homes as they simply cannot afford to pay such huge sums for municipal services.
He said people have written letters to the mayor and municipal manager, and even engaged with them in public meetings, yet nothing has been done to rectify the problems they face.
Magudulela said the mayor promised to give feedback via a memorandum of understanding (MOU) before the end of September, but they are still waiting for written correspondence.
“Gross incompetence is taking place and we have tried everything in the book to get them to take us seriously but they don’t seem to understand. Enough is enough. Discourteous and degrading service cannot be tolerated any longer,” he said.
Acting mayor Afzul Rehman said he has engaged with those responsible for organising the march on an ongoing basis for months and most of the issues have been resolved.
He promised further comment yesterday, but failed to respond by the time of going to print.
The march is scheduled to start at 11 am today at the park opposite the Mortimer Road Toyota/Engen garage.
PROOF OF CITY OF CAPE TOWN'S SKEWED WATER SERVICE PROVISION REVEALED Membathisi Mdladlana says poorer residents have to make do with worse services Western Cape ANC 7 October 2009
The City of Cape Town's water complaints helpline logged 555 calls from Mitchells Plein residents unhappy about water services last month. In the same period, the helpline received 18 complaints from Sea Point residents and 26 complaints from the City Bowl.
The number of complaints from Mitchells Plein is believed to represent the tip of a proverbial iceberg. Many residents of financially-squeezed communities do not lodge complaints because they cannot afford the cost of telephone calls and text messages.
According to helpline statistics:
* The Greater Mitchells Plein area, including Philippi, Brown's Farm, Crossroads and Gugulethu, lodged 1 545 complaints in September 2009 * Greater Helderberg, including Strand, Somerset West, Macassar, Faure and Durbanville, lodged 684 complaints * Greater Wynberg, including Retreat, Southfield, Hout Bay, Constantia, Masiphumelele, Lavender Hill, Muizenburg and Zeekoevlei, lodged 979 complaints
The statistics are one of the products of an ANC investigation into Mitchells Plein water service provision launched last Friday following allegations by the DA that the ANC was exaggerating the extent of the water crisis in Mitchells Plein. The DA specifically disputed claims that families living in Mitchells Village, Tafelsig, have had major problems with their water supply.
But the ANC investigation revealed endemic problems and a steady stream of complaints from Mitchells Village since the first houses in the development were handed over to unhappy beneficiaries in 2008. The Mayor of Cape Town was met by protestors complaining about the size of their homes, electricity and water provision when she visited the area to celebrate the handover of 40 homes in December 2008.
Many of the water-related complaints concerned the installation by the City of Cape Town of water management devices that have been inappropriately installed, regularly break down - and are detested by residents. The water metres are installed outside the homes of people considered to be indigent. The metres allow residents access to their allotted 350 litres of free water per household per day, after which residents are billed normally. Other complaints have related to burst and/or blocked water pipes, leaking pipes, irregular billing and over-billing.
Interim ANC Western Cape leader, Minister of Labour, Mr Membathisi Mdladlana, said: "Cape Town is one of the most divided cities in the world when it comes to disparities between rich and poor. It stands to reason that if we want to develop a sustainable city, we must develop a city that takes care of all its people, rich and poor, black and white. What we are seeing in Cape Town is that poor residents are expected to shut up and put up with poor services. For how long are poor people expected to tolerate such unfairness?"
Mdladlana is convener of the Provincial Task Team deployed by ANC headquarters to run the party's affairs in Western Cape.
Statement issued by the Western Cape ANC, October 7 2009
Informal settlers protest outside Cape High Court Regan Thaw 8 October 2009
A group of Symphony Way informal settlers are protesting outside the Western Cape High Court.
The squatters are fighting an eviction order from the City of Cape Town, which wants to relocate the community to Blikkiesdorp in Delft.
Singing old liberation songs at the top of their lungs, dozens of Symphony Way informal settlers appeared to be in optimistic mood.
After months, the squatters finally have a lawyer and as one man put it, "they are now ready to go to war."
Another woman said all the City of Cape Town wants to do is dump them in Blikkiesdorp where they feel they will be forgotten.
The city insists this will not be the case, adding that if the community moves, their chances of getting proper homes will improve.
For over a year, the settlers have refused to move from Symphony Way after they were evicted from homes they had illegally occupied.
They say they will stay in the area as long as is necessary.
(Edited by Danya Philander)
Cosatu to picket over labour brokers Sapa 7 October 2009
JOHANNESBURG - The Congress of SA Trade Unions will take to the streets in a bid to see labour brokers outlawed, it said on Tuesday.
Pickets are planned across the country on Wednesday as part of a global worker protest organised by the International Trade Union Confederation.
“Here in South Africa the focus will be on labour broking, which Cosatu has vowed to see outlawed,” the union federation said in a statement.
“Cosatu totally agrees with Labour Minister Membathisi Mdladlana’s description of labour broking as ‘a form of human trafficking, and an extreme form of free market capitalism which reduces workers to commodities that can be traded for profit as if they were meat or vegetables'.”
Parliament’s portfolio committee on labour on Monday began public hearings on labour brokers.
The Democratic Alliance and Congress of the People last week called for the establishment of a self-regulatory board in the labour broking market to curb the abuse of workers. Cosatu rejected this, calling for an outright ban.
“It is an industry that exists precisely so that client companies can dodge the existing labour laws and regulations, and hand over responsibility for the fate of their workers to an outside company, the labour broker.
“If the industry wanted to regulate itself, as it requests, why has it not done so already? Because their whole reason for existence is to promote an unregulated labour market.”
Pickets were scheduled to take place around lunchtime on Wednesday. In Gauteng they would culminate at the Germiston council chambers where public hearings on labour brokers would be held. - Sapa
FINAL PROGRAMME for Workers against labour brokers!
Workers all over the world will be taking to the streets on 7 October 2009 to make the World Day for Decent Work, organised by the International Trade Union Confederation (ITUC).
ITUC General Secretary Guy Ryder has issued a call to action headed “Get the World to Work” to encourage participation in the worldwide mobilisation to tackle the global economic and employment crisis and ensure fundamental reform of the world economy.
Trade unions in every region are gearing up for their 7 October activities, with organisations from more than 30 countries having already posted information on their events onto the special website .
Here in South Africa the focus will be on Labour Broking, which COSATU has vowed to see outlawed. See below for the final updated list of activities in your area.
Labour brokers are the main drivers of the casualisation of labour. Their practices are the absolute opposite of decent work. They have driven down workers’ wages and conditions of employment. They do not create any jobs but sponge off the labour of others and replace secure jobs with temporary and casual forms of employment.
COSATU totally agrees with Labour Minister Membathisi Mdladlana’s description of labour broking as "a form of human trafficking, and an extreme form of free market capitalism which reduces workers to commodities that can be traded for profit as if they were meat or vegetables. The agenda of labour brokers is pro-employer and anti-trade unionism. Labour brokers are anti-trade union because they constantly move workers around from one place to another often with no access to union officials, with no possibility of stop order deduction for union subscriptions".
COSATU vehemently rejects the call by the unprincipled alliance of COPE, the DA and Solidarity that labour broking can be dealt with by simply better regulation. It is an industry that exists precisely so that client companies can dodge the existing labour laws and regulations, and hand over responsibility for the fate of their workers to an outside company – the labour broker. If the industry wanted to regulate itself, as it requests, why has it not done so already? Because their whole reason for existence is to promote an unregulated labour market.
The October 7 events will be a vital opportunity to build public support for the trade union global reform agenda, and remind governments of their responsibility to govern in the interests of the many instead of returning to the unregulated free market policies which led to the financial crisis.
Residents protest outside Ekhuruleni Metro Council office Cathy Mohlahlana
Hundreds of residents of Buhle Park in Germiston have protested outside the office of the Ekhuruleni Metro Council.
They have handed over a memorandum of demands to the Ekhuruleni council.
They are calling for a local councillor, whom they believe has been responsible for corruption, to step down.
The protestors took to the streets on Monday morning, burning tyres and blocking roads.
A representative from the Ekhuruleni mayor’s office has promised them a response in the next seven days.
The demonstrators have since dispersed.
http://www.eyewitnessnews.co.za/articleprog.aspx?id=23241
Buhle Park protest under control Cathy Mohlahlana 7 October 2009
The Ekurhuleni municipality says service delivery protests by hundreds of residents in Buhle Park on the East Rand are under control.
They blockaded streets and prevented motorists from moving through the township.
The municipality’s Zweli Dlamini said plans to send officials to the area were underway.
“We will be dispatching a team to go there and talk to the people about what’s going on to best sort out what’s going on.”
The Ekurhuleni metro police’s Kobedi Mokheseng said several roads were affected including Osborne, Nitrogen and Alkaline. http://www.ewn.co.za/articleprog.aspx?id=23197
ANC CALLS FOR CALM IN BUHLE PARK Sapa JOHANNESBURG 5 October 2009
The ANC in Gauteng called for calm in Germiston's Buhle Park on Monday saying it would consider protesting residents' request to have a councillor removed.
"The ANC will study the memorandum and will find better ways to address the issue of the removal of the councillor and the perceived allegations of corruption and nepotism," a statement read.
Earlier, residents placed stones and burning tyres along Osborne, Nitrogen, Kalk and Alkaline streets to grab attention by stopping the traffic.
They then marched to the council's head office in Germiston to hand over a memorandum to councillor Gilford Bhaduza.
The African National Congress said the demands, from its ally the SA National Civics Organisation (Sanco), include the removal or recall of ward 41 councillor Bernard Nikane, mentioning alleged nepotism as one of their complaints.
The party said while it was sensitive to the community's concerns, it also had to weigh up the resultant necessary by-election.
"The ANC remain committed to open discussions and engagement with Sanco as the alliance partner. We will have to take a step to investigate all the allegations against the councillor."
The party would also pursue the grievances raised in the memorandum, and wanted proof of the problems to be able to respond properly.
"It is also fair to mention that a lot has been done by the municipality to improve the lives of the people in the area," said the ruling party's statement.
Cape Town squatters threaten more protest action Malungelo Booi 6 October 2009
Heavily armed Cape Town metro police officers are patrolling Lansdowne Road in Khayelitsha.
This after residents of the BT squatter camp in Site C threatened to continue protests over service delivery.
They are demanding that the City of Cape Town relocate them to a serviced site. But it appears as if things are returning to normal and traffic is now flowing freely under the watchful eye of the police.
Last week, residents barricaded the road with burning tyres and shipping containers in a bid to gain the attention of city officials.
Residents are demanding to be removed from their current site.
They are also complaining that as long as they have lived in the area, they have never seen service delivery.
The residents told Eyewitness News they rely on illegal connections to get electricity. (Edited by Danya Philander) http://www.ewn.co.za/articleprog.aspx?id=23262
Library protest pays off for Khayelitsha learners Ayanda Mahanjana 6 October 2009
Learners at a Khayelitsha High School say a new library will promote a culture of reading at the institution.
The school received a library after learners took to the streets earlier this year, along with colleagues fomr a number of other schools, demanding more libraries in the area.
A Grade 12 learner at Harry Gwala Senior Secondary, Zandiswa Pali, believes their library will improve their vocabularies.
“Reading informs your writing, because sometimes you wouldn’t know how to spell words and when you read, you get to see how a word is spelt. So it makes your language easier," say Pali.
Principal Gcinisile Mlungu says in the past learners always had problems when it came to completing projects because of the lack of facilities. He is hopeful the situation will now change.
How a poor people’s movement was crushed BOLEKAJA! – Andile Mngxitama (The Sowetan) 6 October 2008
“THE ANC has invaded Kennedy Road. We have been arrested, beaten, killed, jailed and made homeless by their armed wing.” These are the distressing words of Sbu Zikode, now in hiding. He is president of the squatter movement Abahlali baseMjondolo (AbM).
The AbM was formed in 2005 in Durban’s Kennedy Road squatter camp. The people were tired of the empty promises from politicians. They started to demand and to organise – and now they are being punished.
Last month the youth wing of the AbM was holding a meeting when about 40 armed men attacked them, reportedly shouting “amaMpondo are taking over Kennedy. Kennedy is for the amaZulu”.
The attack on the poor has now become a tribal one as we wait for the whirlwind brought about by our “democracy”. The poor will increasingly be set against each other in the drive for political office and wealth.
The Kennedy attack left at least four people dead and thousands were forced to flee the settlement. The local ANC then apparently installed itself as the “sole authentic authority” in Kennedy.
The provincial government and the police appear to be in cahoots with this violent ANC militia. How else do we explain that those arrested were AbM members, the very people who have been attacked, their houses and businesses burnt down?
It is reported that when the police arrived on the scene the marauding mobs continued their mayhem – without any police intervention.
Clearly, the AbM has become a nuisance. It questions, it exposes and it’s cheeky. In the last elections they even had the gall to say: “No land, no houses, no water – no vote!”
The politicians are not going to rest until they have destroyed the voices of the poor who speak up and speak back.
Real democracy is under attack and we seem to be sleeping through it all. We can already see the heavy- handed responses of the police against service delivery protests.
It’s as if our beloved Msholozi is giving his children rubber bullets instead of the promised land of milk and honey.
The attack on the AbM moved Bishop Rubin Phillip, a friend of the late Steve Biko and now the Anglican Bishop of KwaZulu-Natal, to say: ‘I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement.
“In recent years I have spent many hours in the Kennedy Road settlement. I’ve attended meetings, memorials, mass ecumenical prayers and marches.
“I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people. I have seen the best of our democracy here. I have tasted the joy of real social hope here.”
It is this democracy of the ordinary people that is being murdered by local politicians, with the active support of the ANC and government.
The excuses by the local police used to justify the ANC takeover are laughable. They say the violence was caused by the AbM through the community safety initiatives they undertook, including the curfew on shebeens to stop trading after 10pm.
The truth is the police were first informed about these initiatives to curb violence exacerbated by alcohol abuse.
The truth is the poor have to take up their own initiatives after being abandoned by their government. http://www.sowetan.co.za/News/Article.aspx?id=1074501
Our Movement is under Attack Press Statement by the Kennedy Road Development Committee, Abahlali baseMjondolo and the Poor People’s Alliance 06 October 2009
We are under attack. We have been attacked physically with all kinds of weapons - guns and knives, even a sword. We have been driven from our homes and our community. The police did nothing to stop the attacks on us despite our calls for help. Four people were killed. The attacks, which began on the night of Saturday 26 September, were carried out by local ANC members together with shebeen owners from the Kennedy Road settlement. They were saying that our movement was ‘selling them’ to the AmaMpondo. It is a fact that our movement, at the local branch level and at the movement level, has no concern for where people were born or where their ancestors were born. We are a movement of the poor and that means that we do not make divisions between the poor. We have always been clear about this. This is our politics and we will stick to it.
We have been told that earlier in the day the local ANC branch had a meeting. We are told that there they decided to take up a new operation – Siyabangena (we are entering). We are told that there they decided to kill Mashumi Figlan, Chairperson of the Kennedy Road Development Committee (KRDC) and Deputy Chairperson of our movement. We are told that they decided to cut off his head and leave it in the community hall so that everyone would see that he was dead and not missing.
When the police did arrive they only came with one car and one van. They only took statements from our attackers and they arrested eight people linked to the KRDC. They took no statements from us and to this day none of our attackers have been arrested. Some of the people that they arrested had in fact been performing the imfene dance at a public performance in Claremont on Saturday night. The arrests were clearly political and aimed at destabilising the movement in Kennedy Road. This is not the first time that most of the Kennedy Road leadership have been arrested for clearly political reasons. In 2007 the Kennedy Six, five of whom were elected members of the KRDC, were arrested on false charges and only released on bail after a hunger strike. All charges against them were later dropped because the state had no evidence.
On the morning after the attack ANC officials arrived in the settlement. There were no police to protect us while we were being attacked but many, many police came with them. While the police and the officials were there the same people who had attacked us the night before demolished our homes and looted them. At least 27 houses were destroyed and many more were looted. They all belonged to people elected to positions in the KRDC or AbM. The police did nothing to stop the destruction of houses and the looting from houses. Supt Glen Nayager and Ward Councillor Yakoob Baig were personally at Kennedy while our homes were destroyed. Baig said, on record, that ‘harmony’ has been restored now that the ‘Abahlali criminals’ were gone.
After the politicians and the police departed from Kennedy Road the settlement was left in the hands of the local ANC – armed young men patrolled and made it clear, via death threats, that Abahlali baseMjondolo was now banned from Kennedy Road. They also made it clear that independent media were also banned. Looting and various kinds of intimidation continued. The eviction of some of our leaders and the arrest of others was followed by the destruction of our office leaving us without access to email and telephone. When our members arrived from other settlements to try and save our records and banners in the office they were threatened with death.
To this day none of our attackers have been arrested. The ANC has installed them in to authority in Kennedy Road (without holding any elections) and is presenting them to the media as ‘the community’ or as ‘community representatives’. Many of the ANC leaders who have spoken in the community or to the media have attacked us and lied about us while not condemning our attackers. On 28 September Bhekisisa Stalin Mncube, spokesperson for the Provincial MEC for Safety & Security Willies Mchunu, sent out a press release on behalf of Mchunu and the Provincial Police Commissioner Hamilton Ngidi saying that “the provincial government has moved swiftly to liberate a Durban community (Kennedy Road)”. Mncube added a note to his email threatening that S’bu Zikode may soon be arrested. In this statement it is quite clear that at least some people in the police and the provincial ANC have enthusiastically endorsed the violent attack on our movement.
Following the attacks on our movement Nigel Gumde, head of housing in the eThekwini Municipality, has said, on record, that the government “have a plan to eradicate shacks”, that “anyone coming into informal settlements must accept that plan” and that it will be necessary to “jail people to get development going.” He is clearly trying to criminalise debate about government policy. How can debate about government policy be banned in a democracy? He has also said that the imfene dance is part of the problem and must be investigated. How can the cultural expression of a group of people be considered a problem in this way?
Since then there have been all kinds of other attacks on our movements – we have been lied about, slandered and defamed by various people within the ANC. We consider these lies to be a way of trying to justify what was done to us and to our movement. We consider these lies to be a way of trying to make the victims of a terrible attack look as if they are themselves the problem. We consider these lies to be a way to encourage further attacks.
What happened in Kennedy Road was a coup – a violent replacement of a democratically elected community organisation. The ANC have taken over everything that we built in Kennedy Road.
We always allowed free political activity in Kennedy and all settlements in which AbM candidates have been elected to leadership. Now we are banned. We do not use violence to build support. We use open discussion. Now we are violently banned.
Our members continue to receive death threats in and outside of Kennedy Road. Everyone knows that if you speak for Zikode or AbM in Kennedy Road you will be attacked. And S’bu has received a number of death threats and threats to his family, including his children, via anonymous calls since he was evicted from the settlement by the ANC and shebeen owner’s mob. Last night five men in a white car arrived at his sister’s place looking for S’bu and his family. They asked where S’bu and his wife and children are staying now. We don’t know who they were but they were clearly hostile.
The ANC continue to attack Zikode by all means. They say that he doesn’t follow the ANC code of conduct, that he is stopping development, that he has a big house in Umhlanga. The first one is true – that is his right. That is the right of all of us. We make no apology for this. The rest is just wild defamation.
On Sunday Willies Mchunu, Nigel Gumde and others held a big meeting in the Kennedy Road Hall. Our attackers were all sitting there. People from the ANC in Sydenham Heights and the Foreman Road settlement were sitting there pretending to be from Kennedy Road. All kinds of lies were told.
The Kennedy 8 are currently being held in the Sydenham Police station and will appear in court again on Thursday. We are told that the ANC is organising across all wards to get their members to the court to demand that the Kennedy 8 do not receive bail. This is not the behaviour of an organisation committed to truth and justice. They should, instead, be asking for a fair and credible investigation into all the acts of violence, theft, destruction and intimidation that have occurred. This is our demand. They should make it their demand too.
At a time when the Kennedy Road settlement is being targeted all the settlements affiliated to our movement across the country say ‘we are all Kennedy Road – if Kennedy Road has committed the crime of organising independently from the ANC and speaking out for justice then we are all criminals’.
At a time when Abahlali baseMjondolo is under attack all the movements that we work with in the Poor People’s Alliance, and others too, say ‘we are all Abahlali baseMjondolo – if Abahlali baseMjondolo has committed the crime of allowing the poor to organise the poor for justice then we are all criminals.’
At a time when threats are being made on the life of S’bu Zikode, and his family (including his children) and when the ANC are waging campaign of slander and vilification against him we say ‘we are all S’bu Zikode – if S’bu Zikode has committed the crime of telling the truth about the lives of the poor and the realities of democracy in South Africa then we are all criminals.’
We want to make some comments about the ongoing and all out attacks on S’bu Zikode from the ANC.
We elected S’bu to represent us. He did not want to be our leader. He never calls himself a leader – people call him a leader. He doesn’t live in a fancy house and drive a fancy car to talk about the poor on stages and in hotels. He lives in a shack and works in the community with the community to give us courage to speak for ourselves. Last year he wanted to step down from the Presidency of the movement. We mobilised for two weeks to persuade him to remain as the President.
We know that two weeks before the attack Jackson Gumede, chairperson of the Branch Executive Committee of the ANC in Ward 25, had said that the Abahlali baseMjondolo (AbM) office would soon be an ANC office. We know that at the same time John Mchunu, chairperson of the ANC in eThekwini accused us of trying to destabilize the country.
We are not a political party. We have never been a political party. We are a poor people’s movement – we are looking for justice, not political power. We have never stood in elections. We don’t even vote because we don’t care about that kind of power. We care about building the power of the community to reduce the gap between ordinary people on the one side and the rich and the politicians on the other side. But the politicians are ignorant. They don’t know what a social movement is. They don’t understand that there can be a politics outside of party politics. In eShowe the IFP recently attacked us for being ANC. When we first started our movement in Durban in 2005 the ANC attacked us for being IFP. Now the ANC are claiming that we are COPE. The ANC have seen the huge support that we have and they fear that S’bu will stand in the local government elections.
They also fear us because we have exposed so much corruption in places like Foreman Road, Motala Heights, Mpola, Siyanda, eShowe and Howick.
They also fear us because we have stood with many other communities who are opposing injustice, such as people in Umlazi and in eMacambini.
They are embarrassed that shack dwellers, ordinary people like us, took them to the constitutional court. And the judgment is coming this week. The sad thing is that if we find that we have won we will have no place to slaughter a cow.
They see the good relationship that we have developed with city officials during our long negotiations from late 2007 as a threat. They see our good relationship with the provincial HOD for housing as a threat.
We are wondering if democracy still exists.
This is not the first time that we have asked ourselves this question. We asked this question when our march was illegally banned and we were attacked in Foreman Road in 2005. We asked ourselves this question when people who challenged the ANC in local government elections in E-Section of Umlazi were assassinated in 2006. We asked this question in 2006 when S’bu Zikode and Philani Zungu were arrested, beaten and tortured while trying to attend a radio interview. We were still asking ourselves this question when our peaceful march was shot at by the police in 2007.
The ANC is about comradism. It is about order and protocol. You must follow the mandate and the mandate always comes from above. AbM can just say ‘No!’. The new ANC committee that have been put in place from in Kennedy will find that they are just expected to be puppets. They will find that they are just expected to take orders from above. Zikode had the strength to take the side of the people. They will not have that strength. Even they will realise the value of the river when drought comes.
Our movement is growing. When the time is right we will go back to Kennedy Road. We are prepared to go toe to toe with the ANC but we will not use violence. We will use open and free discussion on the realities of our country. We will counter lies with truth. We will counter a living politics with politician’s politics.
People who belong to prisons must go to prisons. People who belong to Kennedy must go to Kennedy.
Accusations against the Movement At a time when we are being attacked our attackers, and those who support them, should be subject to intense public scrutiny. However the politicians are doing everything in their power to make us, the victims of this attack, subject to very critical public scrutiny. The most incredible lies are being told about us and our movement. At the same time our attackers are being installed in power in Kennedy Road and introduced to the media as ‘the community’.
Many accusations have been made against the movement by the ANC in recent days. Each day new accusations are made. We will address the main accusations here but we request all journalists to please check with us before reporting any accusation made by the police or the ANC (or people presented by the ANC and the police as ‘community representatives’ - these people may well be the ones that attacked us) as if it were a fact. We can answer any other questions at the press conference tomorrow.
1. The Safety and Security Committee. It has been said that this is an illegitimate structure that has no right to exist. The truth is that this Committee was set up in partnership with the police at the time when the state stopped criminalising our movement and we were successfully negotiating with the state on a whole range of demands. One of our long standing demands has been for equal and fair access to policing. In the past we were denied this and we were all treated as criminals. However when the state began to negotiate with us, a process that began in late 2007, we were able to negotiate with the local police too. The Committee came out of those talks. The Committee is a Sub-Committee of the KRDC which is an elected structure. The police were present at the launch of the Committee. Supt. Glen Nayager was there personally, and they attended its meetings. Representatives from nearby settlements that are affiliated to the ANC also attended its meetings such as Majozi from Quarry Road and Simphiwe from Palmiet. This is all detailed in our minutes of those meetings, and it can also be attested to by many witnesses. It was also covered in the local press – for instance there was an article in The Weekly Gazette of Overport with a picture of the committee and Supt. Nayager. There is nothing unusual about an elected community organisation setting up an anti-crime committee with the police. The government has asked all communities to do this. In fact on the same day that we were attacked Willies Mchunu called for a ‘people’s war against crime’. The day after we were attacked he called the Committee an illegitimate and criminal structure. This was a lie.
2. The so-called ‘curfew’. It has been said that the Safety & Security Committee imposed a curfew on the settlement which meant that people could not watch TV or cook after 7 at night. This is also a lie. The truth is that the Committee did impose a closing time on shebeens. They had previously been running 24 hours a day. There had been complaints about the noise for years and some of the women comrades in our movement had also argued that alcohol abuse is linked to domestic violence. Also, in a situation where there are so many fires, alcohol abuse can put the safety of the whole community at risk. But the main reason for instituting closing times was that since the national election campaign there have been ethnic tensions in Kennedy Road, and in other nearby settlements too. There have been fights and even murders. These fights were all alcohol related and so for the safety of the community we thought that it was necessary to put limits on shebeen hours. The police were present at the meeting where this decision was taken. They suggested that the closing time should be 8 p.m. We suggested that it should be 10 p.m. and in the end it was set at 10 p.m. It is true that the shebeen owners did not like this. But anyone who did not like it could elect new people with different views on to the KRDC in the next election in November, or call for an urgent general meeting and see if there was support to recall the people on the committee and have a new election or take up the issue with the police. Some of the ANC leaders have spoken as if setting closing times for shebeens is some sort of terrible human rights violation that justified the attacks on us. They speak as though the shebeen owners rather than the people who have been attacked and driven from their homes are the real victims. They speak as through the right to drink all night is more important than basic political freedoms and basic safety.
3. AbM is stopping development. Our movement was formed to struggle for development. We struggle for development everyday. But development is not a neutral thing. Some kinds of development are in the interests of the rich and against the interests of the poor. Therefore our movement is specifically committed to struggling for development that is in the interests of the poor. This means that we will oppose a forced removal from a well located shack close to schools, work, health care and so on to a ‘transit camp’ (which is really just a government shack) in the middle of nowhere. This does not make us unique. Poor people’s organisations across South Africa, like the Western Cape Anti-Eviction Campaign in Cape Town and the Landless People’s Movement in Johannesburg take exactly the same position. Poor people’s movements around the world take the same position. Academics and NGOs around the world take the same position. Our achievements in the struggle for pro poor development are a matter of record. In late 2007 the government stopped criminalising our movement and began to negotiate with us. After more than a year of negotiations we signed a memorandum of understating with the eThekwini Municipality in February 2009. That MOU commits the city to provide services to 14 settlements affiliated to the movement and to explore the upgrading of three settlements where they currently are in terms of the government’s 2004 Breaking New Ground (BNG) policy. This MOU is not a secret – it has been covered in the media and we can make it available. The MOU is a major break through for pro-poor development in Kennedy Road, in Durban and in South Africa. It is a major break through for Kennedy Road because in the late 1980s and early 1990s the Urban Foundation had agreed to upgrade the settlement where it was and even started the work – this is when the hall was built. But in 1995 the then Durban City Council cancelled the upgrade and the plan for Kennedy Road was changed to forced removal to a human dumping ground. We won the right to the city for the residents of Kennedy Road. The MOU is also a major break through for Durban because is commits the City to developing settlements in the city instead of forcing people out to rural human dumping grounds. It is a major breakthrough for the country because if followed up it would be the first time that the BNG policy would actually have been implemented. Negotiations on implementing this deal were continuing right up to the attacks and in fact have continued after the attacks. We have also been negotiating for people who cannot be included in the upgrade to be voluntarily relocated to Cornubia which, because it is near Umhlanga Rocks, will have good access to work, schools, clinics etc. We have worked incredibly hard to achieve all these victories for the development of the people of Kennedy Road. The KRDC and AbM signed that MOU. The victory is ours. It came from our blood (when we were being repressed) and our sweat (when we were negotiating).
4. AbM has taken the government to court. This is true. We have often taken the government to court. We have taken the government to court to protect our basic political freedoms such as the right to march, we have taken the government to court to prevent them from illegally evicting us and we have also taken the government to court to have the Slums Act declared unconstitutional. It is being said that this is an attempt to stop development. When the Slums Bill came out we read it together, line by line, and we developed a clear critique of it. We are not alone in our critique of the Slums Act. The Act has been widely criticised as anti-poor, even by the United Nations Special Rapporteur on Housing and our actions against it have been widely supported. We have the same right as everyone else to form opinions about government policy and legislation and to take our views before the courts for their consideration. Taking the government to court is a basic democratic right. It is not a crime – but killing people, chasing people from their homes and their community, destroying their homes and looting their goods and using death threats to ban a democratic political organisation from an area are all crimes.
5. We have travelled overseas. We do not hide anything about these discussions. We have gone overseas recently. We have been invited by churches to visit England and America. We go there to speak the truth. That is our right.
6. We have international support. It is true that we have supporters in other countries. Most of these people are the same people that supported the struggle against apartheid. They are supporting our struggle because our struggle is clearly just. There are also some young people who see that there is injustice in our world, see that we are standing up for justice and want to work with us. Some have come to live in our settlements for a while to see how we make our homemade politics.
7. We Have Money. When we started our movement we had no money. We had nothing but our will. In recent years we have got a little support, mostly from churches. We have always refused money when we have felt that people were trying to buy over movement. We have never been paid to struggle. We are elected to positions and we serve as volunteers. We still have to work for a living. Our movement is not professionalised. The money that we have got in recent years is very small – before the attack we had an office but the phone was often cut off because we couldn’t pay the bill. All our records were kept in the office. Anyone could see them at any time. We also have a list of all the people who have supported us materially on our website. We note that unlike us the ANC refuses to be open about its funders.
8. We did not Attend the Meeting at Kennedy on Sunday. Of course we didn’t attend the meeting at Kennedy on Sunday. We received no proper invitation to it. And who in their right mind would attend a meeting after receiving death threats from the same people that would be at the meeting? Who in their right mind would attend a meeting where the people who had just destroyed their home would be presented as ‘the community’? Who in their right mind would attend a meeting where their supporters would be too scared to attend with them and too scared to speak if they were there. That meeting was like an ANC rally and it would have been used as a kangaroo court if we had gone there. There were people there from Sydenham Heights and Foreman Road who were speaking as if they were from Kennedy! At this meeting the ANC announced all the victories that we have struggled for, and worked for over so many years, as if they were theirs! The ANC has a long history of hi-jacking people’s struggles and claiming them as their own.
Our Demands 1. There needs to be an immediate restoration of democracy in Kennedy Road. This includes: • The right of everyone who was chased out of the settlement or displaced by the violence to return to the settlement and to be safe in the settlement. • The right of Abahlali baseMjondolo to work in the settlement without fear of attack or intimidation or slander. • The restoration of our office to us and a guarantee that the office will be safe. • The disbanding of the unelected structures that the ANC has instituted in the settlement and the return to authority of the democratically elected organisation that was running the settlement before the attacks or the holding of genuinely free and fair and safe elections in the settlement. If the democratically elected organisation (the KRDC) that was displaced in the coup is returned to its rightful place the next election will be in November.
2. There needs to be a genuinely independent and credible investigation into the attacks at Kennedy Road (including the demolition of people’s houses, the looting, the banning of AbM from the settlement and the ongoing threats to AbM members in and out of the settlement) that includes an examination of the role played by everyone including the police, the local ANC and the comments and actions of senior ANC people in the Municipality and the Province after the attacks. It must include fairness and justice for the Kennedy 8.
3. There must be compensation and support for those who have been injured and traumatised, those who have had to flee the settlement, those whose homes and businesses have been destroyed and those who have lost everything that they own.
4. There must be a crystal clear commitment from the ANC, from the top to the bottom, to the right of all people to organise independently of the ANC, to protest against the ANC, to challenge the ANC’s understanding of development and to take the ANC government to court.
5. The ANC must make a public commitment backed up with real action to ensure the safety of S’bu Zikode and all other AbM leaders.
6. There must be genuine and safe negotiation on the way forward between the ANC and AbM. These negotiations should be mediated by someone that we all trust. We know that there are many democrats in the ANC and we hope that they will prevail over those who have cast us as enemies to be attacked and eradicated by all means. Kangaroo courts are not places for real negotiations.
7. In yesterday’s Isolezwe the Housing MEC said that she will provide housing for those who have been displaced. We welcome this announcement but we demand that those who have had their homes destroyed and all their things stolen should be at the top of the list. This includes S’bu Zikode, Mashumi Figlan and the KRDC.
Solidarity Actions Many people have contacted us asking what they can do to support us. We want to thank all those who are supporting us – especially the church leaders and all those comrades who organised protests in London and in iRhini. We are making the following suggestions:
1. Affirm our right to exist and our right to be critical of the government. 2. Organise in support of our demands. 3. Support those of us who have lost their homes and all their possessions with material support. 4. Support those of us who are traumatised, including the children, with counselling and spiritual support. 5. Organise serious discussions about the nature of democracy in our country – and include delegates from poor people’s organisations in those discussions on the basis of equality.
Contact Details for Further Information and Comment
The Kennedy Road Development Committee
Mzwake Mdlalose: 072 132 8454 Anton Zamisa: 079 380 1759 Bheki Simelane: 078 598 9491 Nokutula Manyawo: 083 949 1379
Abahlali baseMjondolo Leaders from Other Settlements in Durban
Alson Mkhize: 082 760 8429 Shamita Naidoo: 074 315 7962 Mnikelo Ndabankulu: 079 745 0653 Zodwa Nsibande: 082 830 2707 Mazwi Nzimande: 074 222 8601 Ma Shezi: 076 333 9386
The Poor People’s Alliance
Abahlali baseMjondolo of the Western Cape – Mzonke Poni: 073 256 2036 The Landless People’s Movement (Gauteng) – Maureen Mnisi: 082 337 4514 The Rural Network (KZN) – Reverend Mavuso: 072 279 2634 The Western Cape Anti-Eviction Campaign – Ashraf Cassiem: 076 186 1408
Council faces legal action: Sewage 'flows in our streets By AGIZA HLONGWANE and MALIBONGWE MDLETSHE 4 October 2009
Fed-up residents of Ezakheni, KwaZulu-Natal, plan to take their municipality to court to force it to deal with frequent water outages and sewage flowing in the streets.
Residents of the township, outside Ladysmith in the north of the province, have accused the Uthukela District Municipality of violating the National Water Act and the National Environmental Management Act by knowingly allowing their water to be polluted. They have approached the Legal Aid Board to start legal proceedings against the municipality.
Obed Shabangu, founder of the Community-based Environmental Workers' Trust, said sewage problems and water cuts have persisted for five years. Complaints and protest marches have been ignored.
"We have now opened cases in Ladysmith, Ezakheni and Colenso. Water is a national resource. No one has a right to pollute it. That is a crime in terms of these two acts. It is the municipality's competence to manage water," he said.
When The Times visited Ezakheni last week, we found faeces, birth-control pills and condoms flowing out of a faulty sewage pump station into the nearby Klip River. In the township, children played next to an overflowing sewage manhole.
Thokozile Mazibuko, 59, who lives metres from a burst manhole, said: "This always happens. Sometimes it carries on for weeks, even up to a month. We report it to the municipality, but they just don't come. We are always sick."
Ladysmith and Ezakheni police confirmed that charges were laid against the council and the matter was being investigated.
A report, compiled by eMnambithi /Ladysmith local municipality, which deals with the sewerage system and was leaked to The Times, revealed that sewage from 26 manholes and a pump station was flowing into local rivers.
The report further said the manholes were a health hazard and a danger to children who may fall in and drown in them.
Uthukela municipal manager Siyabonga Nkehli refused to comment on the residents' case, saying it was sub-judice. But he accused them of "abusing" the sewerage system by dumping dead animals, stones and foetuses in it.
"It is not true that children in Ezakheni are always exposed to these conditions. If that is the case, definitely we would have experienced a massive cholera outbreak in the area," he said.
Cops keep an eye on calm Sakhile Carmen Reddy 4 October 2009
Police remain on standby in the Sakhile township, near Standerton in Mpumalanga.
Residents in the area staged violent service delivery protests for much of the past two weeks.
Angry commuters burned down municipal offices, a community centre and a library.
They also blockaded the township’s streets with rocks and burning tyres.
One man was killed when a group of people looted a store in the area.
The police’s Leonard Hlathi says clean up operations are underway.
Hlathi says the officers will remain in place until a definitive decision is taken on whether
Earlier this year, residents of Balfour, another township in Mpumalanga, also went on the rampage for several days.
They too were protesting over the poor services they were receiving from their local council.
Cops keep an eye on Standerton STEVEN TAU (The Citizen) 4 October 2009
JOHANNESBURG - The violence-stricken township of Sakhile in Standerton, Mpumalanga, remained calm at the weekend after service delivery protests by angry and disgruntled residents last week.
Irate residents barricaded streets and main roads with rocks and burning tyres.
They claimed that the findings of an audit revealed that millions of rands were missing from the local municipality’s coffers and that no one had accounted for it.
More than 100 residents were arrested for public violence and arson.
Speaking to The Citizen yesterday, police spokesman Captain Leonard Hlathi said the area remained quiet for the better part of the weekend.
“We are not expecting another round of protests, but we are keeping a close eye on the area and we will not leave unless it is declared safe,” he said.
Meanwhile, the SA Municipal Workers Union (Samwu) came out in support of the protest action.
In a statement issued at the weekend, the union said it was extremely troubled by the actions of the men in blue in relation to the legitimate industrial and social protests.
“The recent events in Standerton – where police opened deadly fire on service delivery protesters – is a case in point.
“We are all too familiar with the inadequacies of service delivery and our members on the ground know and experience the frustration of the poor,” said Samwu.
Anger flares over delivery By Staff Reporter and Sapa 4 October 2009, 08:44
Since last Sunday, the people of Sakhile, Mpumalanga, have been engaged in acts of violence to send out a message: we want attention.
When they did not get attention, they destroyed public property meant to help them improve their lot. Now they are worse off - and still without attention from the authorities, except the media and police.
The protests were sparked by an investigation that implicated several Lekwa municipal officials and councillors in fraud, maladministration and corruption.
The people of Balfour engaged in similar acts not so long ago. They were lucky.
President Jacob Zuma paid them a visit and put a stop to their violent streak.
Only if he could visit all areas affected by service delivery issues.
Now the residents of Sakhile can't even get a provincial minister, nor even Premier David Mabuza, to pay them a visit.
In their frustration, or even anger, at perceived Lekwa Council management intransigence, they set alight a community development centre which housed a library.
Instead of engaging the enraged, councillors sought cover in the police, who, in turn, did an overkill, shooting indiscriminately.
Fifteen people were arrested on Thursday after the police had to fire rubber bullets to disperse angry crowds.
A house belonging to a municipal officer was set alight and the police responded by arresting 65 people.
This prompted the SA Municipal Workers Union (Samwu) and the National Union of Metal Workers to react with rage.
"Samwu is extremely troubled by the actions of the South African Police Services (SAPS) in relation to legitimate industrial and social protests," Samwu general secretary Mthandeki Nhlapo said in a statement.
The National Union of Metal Workers said: "The usage of state apparatus, particularly police, to silence dissent and brutalise our people is reminiscent of the old apartheid-style tactics to stagnate popular change and transformational agenda.
"These protests should not be dismissed as populist or infiltrated by criminal elements... these protests are [a] wake-up call to the ANC and its allies to champion a revolutionary agenda as encapsulated in the Freedom Charter."
As calm seemed to return to Sakhile yesterday, some hoped the community would have it in them to understand that however angry they might be, destroying what is meant to improve their lot, like a library, is not, by any stretch of the imagination, revolutionary.
In fact, it is retrogressive and does not mean the first citizen will come rushing to put out fires.
This article was originally published on page 3 of The Sunday Independent on October 04, 2009
Ethnic tension boils over NIREN TOLSI 3 October 2009
On Monday at 5am Lindela Figlan, huddling with his wife and three-year-old daughter near a bus shelter in Sydenham, Durban, was too terrified to flag down the passing taxis.
During the previous two nights the Kennedy Road informal settlement had been racked by mob violence that resulted in two confirmed deaths and several shacks destroyed. More than 1000 people are estimated to have fled the settlement, fearing for their lives.
"I recognised some of the guys in the mob as taxi drivers, so I wasn't sure whether to take one in case they knew who I was," said Figlan. As chairperson of the Kennedy Road Development Committee (KRDC) and vice-president of the Abahlali baseMjondolo (ABM) shackdweller movement, he had initially sought refuge in an apartment block near Kennedy Road.
When he received word that the vigilantes knew of his whereabouts, he ventured out into the rainy early morning with his family, flailing around for an escape route to safety.
According to eyewitnesses, at around 11.30pm on Saturday September 26, the mob had surrounded the community hall at Kennedy Road where the ABM's youth league was holding an all-night political camp. The 30-strong mob, armed with bush knives, sticks, sjamboks and guns, had demanded to see Figlan and ABM president Sbu Zikode.
"They told us that they wanted Sbu because they wanted to know why he was selling Kennedy Road to the amaPondo," said Zodwa Nsibande, ABM youth league general secretary. "They kept saying Kennedy Road is for the amaZulu, not for the amaPondo," she added.
Nsibande said the nearby Sydenham police did not respond to calls for help: "They told us there were no vans available; there was just one crime intelligence officer who was also trying to call the police."
Police deny this.
"We finally managed to escape through the windows of the hall and [20 youth leaders] got into [ABM member] MaKhumalo's kombi and left for the various settlements at about 2.30am," said Nsibande.
The mob is alleged to have rampaged through the settlement, with the weekend's violence claiming the lives of Mthokozisi Ndlovu and Ndumiso Mnguni. There are unconfirmed reports of more deaths and missing people.
Eight people, alleged to be part of a safety and security forum affiliated to the KRDC, were arrested and charged with murder and attempted murder. The case was remanded until October 8.
Figlan remembers being warned on Saturday evening that his life was in danger if he slept in Kennedy Road. Padlocking his shack from the outside to give the impression he was elsewhere, he'd then clambered in to sleep with his family.
"I couldn't really sleep and at one point I heard people banging on my door, saying, 'Where is the imfengu; we want to kill him. We want to kill the bloody Pondo ... I had to put my hand over my baby's mouth to stop her crying out and letting them know we were inside," he said.
Zikode's shack was one of several looted and destroyed, with people taking bush knives to appliances, walls and the roof.
Residents of Kennedy Road say ethnic tension in the settlement has been simmering for a while and had heightened ahead of April's general election.
There is also a growing perception of a Cope-ANC split along ethnic lines in the settlement, with the amaXhosa and amaPondo seen as supporting Cope and the amaZulu considered ANC supporters.
Zama Ntuli (not her real name), an unemployed 21-year-old single mother who cares for her two younger sisters (aged seven and 14), her deceased sister's two sons (aged 16 and 11) and her own five-year-old daughter, said they, as Zulus, were traumatised: "On Sunday morning, we saw the dead body of our neighbour, and people were telling us that the amaPondo were coming for us. So we ran away and slept in the bush."
The provincial government denies that there is an ethnic element to the tension and killings. KwaZulu-Natal safety and security MEC Willies Mchunu said that he believed the "underlying cause for the violence was criminal, but if people feel there is an element of [ethnic conflict] we will take this very seriously and try to deal with it".
Zikode maintains that the ANC is capitalising on the tension in Kennedy Road to disembowel the ABM -- one of the largest social movements in the country with more than 20 000 members.
The ANC is also smarting, said Zikode, because the "poor shack dwellers had dared to take government to the Constitutional Court over the KZN Slums Act".
"In our fights against evictions and for housing in the city, we have been exposing government corruption in areas like Siyanda; we have been doing the job of an opposition party -- even though we are not -- and the ANC does not like this," said Zikode.
Two weeks earlier, eThekwini regional chairperson John Mchunu, addressing the ANC's regional general council, had specifically condemned the ABM for trying to divide the tripartite alliance: "The element of these NGO [sic] who are funded by the West to destabilise us; these elements use all forms of media and poor people.
"We know them very well; we have seen them using their power at Abahlali baseMjondolo."
An ANC source confirmed there "was a battle for the hearts and minds of the people of Kennedy Road ... There is a political twist to this thing."
When told of Mchunu's utterances, Zikode cited a recent memorandum of understanding signed between the ABM and the eThekwini municipality to look into in situ upgrades of 14 informal settlements in which the ABM was active -- including Kennedy Road -- as evidence that the movement was willing to work with government.
"The ANC at this local level is worried because we don't tolerate corruption and want to be involved in the development of our communities so that things like shoddy workmanship, fraudulent housing allocations, corrupt tender procedures and the stealing of cement does not happen.
"This goes against how the ANC appears to do business when it comes to low-cost housing developments," he said.
Violent Attacks on Social Movement Abahlali baseMjondolo Misrepresented The South African Civil Society Information Service 2 October 2009
The leadership, rank and file of social movement Abahlali baseMjondolo have been violently threatened, attacked and forced to leave the Kennedy Road informal settlement in Durban.
According to a statement released by the social movement, the attacks started on Saturday night 26 September 2009 when "a group of about 40 men heavily armed with guns, bush knives and even a sword attacked the KRDC (Kennedy Road Development Committee) near the Abahlali baseMjondolo office in the Kennedy Road settlement. The movement was holding an all night camp for the Youth League...The men who attacked were shouting: 'The AmaMpondo are taking over Kennedy. Kennedy is for the AmaZulu'.”
Four people have lost their lives as a result of these attacks.
Abahlali allege police complicity in the attacks, they say, "Sydenham police were called but they did not come. They said that they had no vans but they didn't radio their vans to come. This has led some people to conclude that this was a carefully planned attack on the movement and that the police knew in advance that it had been planned and stayed away on purpose."
While the attacks have been, in the main, portrayed as "ethnic violence," it appears that there are other sinister forces at play. The social movement is subject to ongoing harassment from local ANC leaders because of its non-partisan, non-ethnic, progressive and participatory nature.
In a statement released a day after the attack was launched, Abahlali state:
"There are now senior ANC leaders in the Kennedy Road Community Hall. In their presence the homes of the elected Kennedy Road leadership continue to be demolished and burnt by the same small group of well armed people who have been carrying out attacks with impunity for 23 straight hours. The police are currently on the scene and are doing nothing to stop the destruction."
President of Abahlali baseMjondolo, S'bu Zikode's house was also demolished and his goods stolen. He personally requested support from the police but received none.
Human rights groups, activists, academics and religious leaders, have condemned the attacks on Abahlali.
Bishop Rubin Phillip, Anglican Bishop of Natal and chairman of the KwaZulu-Natal Christian Council said, "I was torn with anguish when I first heard of the unspeakable brutality that has raged down on to the Kennedy Road shack settlement. In recent years I have spent many hours in the Kennedy Road settlement. I've attended meetings, memorials, mass ecumenical prayers and marches. I have had the honour of meeting some truly remarkable people in the settlement and the work of Abahlali baseMjondolo has always nurtured my faith in the power and dignity of ordinary people."
The attacks on Abahlali baseMjondolo have also been condemned by international groups and activists.
The London Coalition Against Poverty called for a picket in protest against the violent attacks on Abahlali outside South Africa House in Trafalgar Square in London, on 30th September at 6pm. www.sacsis.org.za
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