LHR to seek contempt order against Tshwane for destruction of Mamelodi hostel

Lawyers for Human Rights (LHR) will appear today in the North Gauteng High Court to seek an order of contempt of court against officials from the Tshwane municipality who inhumanely and with a wanton disregard for the law, allowed the destruction of the hostel in Mamelodi. 

Over the weekend of 14 and 15 November 2009, municipal officials began the destruction of the Mamelodi hostel without having followed the due processes set down in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (“PIE”). This act requires that all evictions must be sanctioned by a court and the removal of dwellings from land may only be done with a court order. This act applies to individual land owners as much as local government. 

This operation was particularly harmful considering the manner in which it was conducted. Residents saw the roof ripped off of their hostel exposing them and their belongings to the elements. The week in question was unseasonably cold and was accompanied with high wind and heavy rain. The property of the evictees was destroyed beyond repair. Considering that these residents are among some of the poorest in our community, the destruction of what little they had is devastating. 

The municipality has argued that this was not an eviction, but rather a “relocation” which is not covered in PIE. In fact, “relocations” are not covered under any act and are in reality evictions. The court issued an order on 16 November stating that the roof must be restored. This order has been ignored by the municipality. 

It is unfortunately a reality that the municipality often ignores the provisions of the law which provide protection to the vulnerable. It goes without saying that residents of upscale neighbourhoods would never face a forced “relocation” and destruction of their homes and property. This matter reminds us of the constant threat under which the poor live their daily lives. The protection by the courts against unlawful evictions serves to protect the right to basic human dignity of the poor and vulnerable in our communities. We are particularly concerned that police officials were present during the operation and were informed by LHR lawyers that there was no court order allowing the destruction of the houses, but they allowed the unlawful actions to continue. 

LHR will ask the court to confirm the original order and consider a term of imprisonment for the officials in question for non-compliance with the original court order. We will submit to the court that this will be necessary in order to protect the functions of the court and its role in protecting the poor and vulnerable from abuses by such officials. 

For more information, please contact:

Adv. Jacob van Garderen                                      Louise Du Plessis

Director: Lawyers for Human Rights                    Attorney, Land and Housing Unit

012-320-2943 / 082-820-3960                             012-320-2943 / 082-346-0744