Concourt victory for residents

In a landmark judgment, the Constitution Court ruled yesterday that the City of Joburg had to give temporary land to squatters evicted from empty land in Marlboro, but it also had to provide them with materials to rebuild their shacks.

About 141 families were evicted earlier this year and moved to a nearby tented transit camp.

The court ruled that should the two portions of land in Marlboro where the squatters were living not be sufficient for them, the city would have to identify additional land on which to relocate the remaining families.

Louise du Plessis,a lawyer for the Human Rights Commission, representing the Marlboro Crisis Committee, said this was a victory for the evicted residents.

“This is the first case that we know of in Joburg where the court has ruled that the city has to provide building material to those whose shacks they demolished,” she said.

The council has four months in which to find additional land for those evicted. The parties have to report back to the court by January 31.

Du Plessis said 400 other families had been evicted from Marlboro and they too, were entitled to land and shacks.

“We would like to enter negotiations with the city to accommodate them too,” she said.

The land was being given to the squatters on a temporary basis while negotiations continued.

“They are currently living in tents, so at least they will have a roof over their heads,” she said.

Residents celebrated victory outside court.

Thapelo Mogane, a community leader, said they were happy they no longer had to live in tents which leaked badly every time it rained.

“We have women and children living there and they need proper shelter. People have been getting sick there with the water. This is good news for us,” he said.