Schubart Park residents left in the cold, again

LAWYERS FOR HUMAN RIGHTS PRESS RELEASE
23 SEPTEMBER 2011

Lawyers for Human Rights (LHR) brought an urgent High Court application last night (Thursday 22 September 2011) on behalf of the residents of the Schubart Park B Building in the Pretoria city centre. The residents had been removed from the building after fires were lit during a protest against the lack of water and electricity for the past week.   LHR asked the court to allow the residents back into the building where they had been allowed to remain since a court order last year.
 
The City argued that the building was unsafe and that the residents had no legal right to remain there.  They also made statements on the radio labelling the residents as criminals.  
 
During the application, the City stated that they had alternative accommodation ready for the residents and gave an undertaking to the court to that effect.  The Court dismissed the application as it did not want to return people to an unsafe situation, but also depended on the City’s undertaking that the residents would be provided with alternative accommodation.  
 
After the hearing, the city provided two buses which were supposed to move an estimated 1000 people from the Schubart Park site to safe accommodation in Atteridgeville.  However, upon arriving in Atteridgeville, the local residents there started to protesting and threatening to kill the evacuees because the accommodation which was to be provided to them had been previously promised to local residents in need of housing.  
 
They were then transported to Salvokop where the manager of the shelter was unaware that she would have to accept the residents and refused them access to the site.  They were then again transported to Hammanskraal, where again nothing was available to them.  
 
In the end, the residents were returned to the area outside of Schubart Park at 2:00am and were, again, forced to sleep outside overnight.  
 
LHR is currently taking statements from residents, as well as those from Schubart Park A and C Buildings whose structural condition has not changed since last year’s court order.  In our view, there is no reason why they must be immediately removed.  
 
 “It seems clear that the City of Tshwane is not acting in good faith toward the Schubart Park residents,” said Nathaniah Jacobs of Lawyers for Human Rights in Pretoria.   “Due to the City’s lack of a plan for the residents and their attempts to mislead the Court regarding the actual existence of alternative accommodation, LHR is currently contemplating an immediate appeal to the Constitutional Court of last night’s decision.”  
 
This situation must be seen in light of a recent series of cases involving unlawful evictions by municipalities, including the City of Tshwane, which have recently been brought before the Constitutional Court. The lack of planning, accommodation or policy regarding emergency housing and the need for low-cost housing in city centres continues to plague the full realization of the right to housing provided for in the Constitution.  
 
LHR calls on the City of Tshwane to cease the unlawful removal of residents from Schubart Park and to take immediate steps to find suitable alternative accommodation.  
 
 
For more information, please contact:
 
Jacob van Garderen                                            Nathaniah Jacobs
National Director                                                  Land and Housing Unit
Lawyers for Human Rights                                 Lawyers for Human Rights

012-320-2943 / 082-820-3960                           012 320 2943 / 071 608 6658