Residents to challenge illegal eviction in Marlboro Gardens

Lawyers for Human Rights (LHR) has taken instructions today from the residents of Marlboro Gardens to oppose the illegal eviction conducted by the Johannesburg Metropolitan Police Department (JMPD). 

On Thursday 2 August 2012, over 100 officers of the JMPD entered the area and forcibly evicted the residents from the area. Some of the residents had been living there for seven years. Today, the officials began demolishing the residents’ homes. Hundreds have been left homeless and seeking shelter to protect themselves from the cold. 

We are informed that the JMPD has proceeded with this eviction without a court order. This is despite the numerous judgments from court requiring an order of court before an eviction may be proceeded with. 

This is the second time that the municipality has attempted to evict the residents. In an incident on 27 June 2012, the notorious Red Ants raided the settlement at 4:30am, again without a court order, but were unable to remove the residents after protests. 

“This situation is shocking. The law is clear. There are countless court orders requiring a court order before an eviction can take place,” said Louise du Plessis, attorney in LHR’s Land and Housing Unit. “This blatant disregard for what the courts have repeatedly said is especially worrying considering JMPD is tasked with upholding the law.” LHR brought three applications before the Constitutional Court in last year and will be addressing unlawful evictions in two more cases before the Court this month. 

These cases have repeatedly criticised municipalities for flouting basic eviction procedures. Such evictions inevitably affect the poorest and most vulnerable. Such disregard for the law by any level of government is irresponsible and demonstrates a clear disrespect for the Constitution.  

The settlement in Marlboro Gardens is reportedly on private land. No explanation has been given regarding why the JMPD has been called in to proceed with an eviction on private land, particularly in view of the lack of a court order. Additional reports of violence and the use of live ammunition in this illegal eviction may lead to further court action. 

LHR has been instructed to demand an end to the evictions and failing that, to proceed on an urgent basis to the High Court for relief. 

For more information, please contact Louise du Plessis 082 346 0744