LHR TO SEEK URGENT ORDER TO TEMPORARY SHELTER AFTER CRUEL AND UNLAWFUL EVICTION

Lawyers for Human Rights (“LHR”) will be approaching the High Court today at 14h00 on an urgent basis to seek an order requiring the Tshwane Municipality to immediately supply temporary shelter for the victims of an unlawful and inhumane eviction which took place yesterday, 21 July 2010.  

On 21 July 2010 the Tshwane Municipality destroyed 80 shacks in Pretoria East next to the cemetery. These people had been living there for the past 7 years.  The Tshwane municipality never brought an application to evict them and the occupiers were given less than 24 hours notice to leave the area.

Unfortunately, unlawful evictions is a common occurance within the Tshwane Municipaplity, but what makes this eviction worse than the others is the fact that everything these people could not removed quick enough was thrown into large fires made by the Metro Police and Security company and destroyed. Many people were not there when the Tshwane started the action and lost everything they owned.  It must be recognised that these are the poorest among the poor and such a lost is devastating and callous.  

This was clearly also not an “eviction” by Tshwane because the there was no intention to remove these people to another site. Even if there was a court order to evict these people, no court will ever order that an eviction may take place in such cruel and inhumane conditions.

What is equally disturbing is the involvement of the surrounding affluent neighbourhoods such as Woodhill.  An attorney from the firm Dyason’s, who represents the surrounding estates, was present while the shacks were being demolished. This fact and the unplanned and cruel circumstances under which the eviction took place leads one to believe that the demolition took place as a result of a request made by her on behalf of her clients to Tshwane to evict the residents of the informal settlement.

This action was nothing less than an unlawful attack on poor people by Tshwane and the Residents’ Association.  The surrounding neighbourhoods used typical excuses to justify their involvement in these evictions, namely that this informal settlement hosts criminals.

The reality is that this informal settlement hosts their gardeners, domestic workers and construction workers who are often paid so poorly that they cannot afford it to travel home every day.
This action by Tshwane is nothing else than a criminal act and we will advise our clients to lay charges with the police. We also have instructions to pursue a civil claim against Tshwane, Majorie Security and Dyason attorneys.

LHR’s immediate focus is on the application we brought on behalf of the occupiers to order Tshwane to urgently supply temporary shelter for the people. The application will be in court at 14.00, 22 July 2010.

For more information please contact:

Jacob van Garderen
National Director
Lawyers for Human Rights

Cell: 082 820 3960
Tel: +27 12 320 2943
Fax: +27 12 320 7681

www.lhr.org.za