MAIN PHOTO: Abhalali has lost a bid to have demolitions halted in parts of Durban. This photo of a demolished shack was posted by the group on its Facebook page.
By Ainsley Ash
Shackdweller movement Abahlali baseMjondolo has expressed its disappointment after the Durban High Court rejected an application to stop the eviction of shackdwellers by eThekwini authorities – despite claims by Abahlali that the action was illegal.
Abahlali approached the court after multiple incidents of shack demolitions in the Ekuphumeleleni and Azania areas of the city.
Abahlali says the recent evictions in these settlements were conducted without court orders and resulted in the serious injuries of residents. The city’s land invasion unit, however, argued that it had only targeted and demolished shacks that were unoccupied.
While evictions are suspended for the duration of the Covid-19 lockdown, action against “land invasions” and the demolition of “unoccupied shacks” are not.
A statement by Abahlali said the group had been prepared to present evidence such as photographs and affidavits that could prove long-term residence but the evidence had been rejected.
The statement revealed that High Court Judge Mohini Moodley had asked the representatives of the eThekwini Municipality and Abahalili to discuss the matter to find a solution on their own. Abahalali had asked that the shak=ckdwellers should be allowed to rebuild on the same piece of land. The city had denied the request, said the organisation.
Instead, the city had offered the use of alternative accommodation in emergency camps at the Durban Exhibition Centre and in Pinetown, created to accommodate the homeless during the Covid-19 crisis.
Abahali members rejected the offer, fearing that they would not later be able to return to the contested land. They also expressed concern about their ability to practice social distancing and ensure their safety while living in these camps.
“We cannot accept that people can be subject to state violence or made homeless under any circumstances, but state violence and evictions became particularly urgent during this time of a worldwide health crisis in which impoverished people are most at risk,” said Abahali.
Durban Mayor Mxolisi Kaunda told Ground Up, “Covid-19 does not mean that there must be a holiday in respecting the laws of the country… We are a caring municipality and have mobilised resources to provide shelter to more than 4,000 homeless people.”
He said that the city had worked hard to meet the needs of its housing insecure residents.
