Kimberly High Court orders municipality to reconstruct unlawfully demolished shacks in Upington
On Monday, 23 August 2010, a contingent of officials from the Khara Hais Municipality accompanied by security guards and members of the SAPS arrived at New Heaven informal settlement in Paballelo, Upington. The municipal officials proceeded to tear down and demolish approximately ten shacks which had been erected and were occupied by desperately poor people including households headed by women, the elderly and young children.
These shacks, humble as they were, served as the homes of the occupants and their shelter from the elements. Using iron bars, crowbars and other implements, the municipal officials tore down the shacks, loaded the constitutent materials such as zinc, wooden poles and cardboard on to a waiting truck which then left for an unknown destination. All of this took place without any warning to the occupants whatsoever, without an order of court authorising the demolition of the shacks or the eviction of the occupants and in flagrant disregard of the constitutional rights of the occupiers.
Like most of the ten families who lost their homes, Mrs Angelina Phike, a pensioner living with two young children, arrived at the scene to find her home demolished and her belongings and clothes scattered around the remains of her shack. When she enquired from the municipal officials why no warning of the demolition of her home was given, they laughed at her. Enquiries from LHR requesting the municiplaity to provide a copy of a court order authorising the demolition of our clients homes were met with silence.
On 27 August 2010 LHR brought an urgent application in the Northern Cape High Court on behalf of Mrs Phike and the families whose homes had been demolished. An interim order was sought directing the Khara Hais Municipality to return the constituent materials of the shacks, to reconstruct the shacks forthwith or provide the occupants with alternative shelter or accommodation and to interdict further unlawful conduct by the municipality.
Judge Majiedt granted the order sought and ordered the municipality to return the constituent materials belonging to the occupiers and to reconstruct the shacks which had been demolished by Tuesday 31 August 2010. In granting the order, the judge expressed his strong disapproval of the conduct of the municipality. The matter will return to court on 22 October 2010 for the municipality to explain why the interim order should not be made final and the municipality subjected to a punitive costs order as a result of it’s high handed and unlawful conduct.
For further information contact:
Sheldon Magardie
084 722 0356