Johannesburg: “Just because they are already living on the margins of society does not make them invisible social outcasts or nuisances”

September 2, 2023 by Leave a Comment

On August 29, the Pretoria High Court declared that “the recent series of evictions undertaken by the City of Johannesburg (COJ) and the MMC for Human Settlements in Gauteng, on Farm Allandale, have been declared unlawful and unconstitutional.” Lawyers for Human Rights, the attorneys representing Farm Allendale residents, described this as “a pivotal court decision …. This ruling is not just a win for the residents of Farm Allandale but a clarion call to all entities, reminding them of the human touch essential in the dispensation of justice. This victory serves as a testament to the resilience of communities and the critical role that organizations like LHR play in ensuring that justice is meted out fairly.” A community of 836 people, identified as Rabie Ridge Community, have lived for years on land known as Farm Allendale. The City of Johannesburg has evicted them, destroying their homes as well as their belongings, numerous times. The residents sued the City … and won. Acting Judge Elmien Du Plessis said, “These people have human rights as contained in the Bill of Rights and protected in the Constitution. Just because they are already living on the margins of society does not make them invisible social outcasts or nuisances, however much their presence may frustrate the respondents – the City and the MMC.” The Judge declared the actions of the City unlawful and ruled the City had to either rebuild the shacks within 72 hours or pay each family R1500 to buy materials to rebuild their own homes. This was a landmark victory, a beacon in the very dark and too long night. Had I written in response on Wednesday, this would be a celebration. But then the fires broke out the next day, in the central business district of Johannesburg, the fires this time, the fires next time, and the whole world suddenly invoked the “tragedy waiting to happen”. And so today, the question is not “What is there to celebrate”, although that is a good question, but rather “What is there to say? What is the point of saying anything, when everything has already been said, and so many times before?”

In June 2017, we wrote, “Last Thursday, the Constitutional Court of South Africa ruled that judges cannot authorize an eviction order that will leave people homeless. Over the past 25 years, South Africa’s highest courts have ruled consistently that the rights of residents, including occupiers, matter. Even with those protections in place, this decision is viewed as groundbreaking and welcome. The case involves 184 people – 47 women, 114 men, 23 children – who have occupied an apartment building in the Berea neighborhood of Johannesburg’s inner city. Hlengiwe Mhlambo is one of the 184. She is forty years old, a mother of two, and an informal trader. For the past 14 years, Hlengiwe Mhlambo has lived in her apartment, eking out a meager living, raising her children, hoping to find, or better create, the once promised green pasture.” This was a “momentous decision for millions of poor people across South Africa who live with insecure tenure and inadequate housing”. Remember? That was “only” six years ago.

In October 2022, just last year, the Johannesburg High Court rejected the `natural’ inevitability of eviction. As we wrote then, “In the case of Rycloff-Beleggings (Pty) Ltd v Ntombekhaya Bonkolo and Others, the Johannesburg High Court ruled that a group of working people’s access to work and right to dignity had to be considered when adjudicating an eviction notice. The case involves waste reclaimers who have been living on an `undeveloped’ stretch of farmland that lies between a residential complex and a business park in the Midrand section of Johannesburg. In 2018, the owners of the land, Rycloff-Beleggings, decided they wanted to `develop’ the land, and so issued eviction notices. The city offered a site with no possibility of developing waste reclamation economies, and so, in May 2019, the residents sued, demanding to either stay put or be placed somewhere where they could continue to work. On October 4, Judge Greg Wright agreed and gave the city until March 2023 to find appropriate site for the community. Anything else `would leave them at risk of not being able to maintain their dignity and care for their children.  It would be unfair and therefore unconstitutional to uphold the other parties’ rights while the reclaimers go hungry. Furthermore, the rights of children are paramount in cases involving children such as the present one.’ If people are on the land, it is not `undeveloped’. If people live in a neighborhood, it too is not undeveloped.” Remember? It was less than a year ago … and yet here we are.

The people living on Farm Allendale first moved in in 2017, but most moved in last year and this, having lost their jobs during the Covid pandemic. Many families had previously rented but could no longer pay the bills. Others had squatted elsewhere but could no longer afford to stay in those areas. And so they moved, adults and many children, to Farm Allendale. The City declared that too many people were moving in and so they started evicting everyone, although the City claimed they only destroyed `abandoned’ shacks. The residents had photos and videos showing that not to be the case. While the incidents that sparked the court case occurred mid July of this year, the City has performed mass evictions every three weeks for the past three years. For three years, the City of Johannesburg engaged in illegal evictions, and you want to know how the fires this week started and spread, how so many people could end up living in a five-story building? Everybody knew already.

If people are on land, the land is not `undeveloped’. If people live in a neighborhood, it is not `undeveloped’. And if people live in a building, whether it is called derelict or hijacked or blighted or whatever, it is not vacant nor is it `undeveloped’. It’s home. Living on the margins of society does not make people invisible social outcasts or nuisances, however much their presence may frustrate others or `development’ programs. At the same time, writing insightfully always already after the event, after the tragedy waiting to happen, is not insight. It’s alibi. No next time. Now. Mutual respect is already encoded in law as well as ethical behavior. Now make it so.

(By Dan Moshenberg)

(Image Credit: Philiswa Lila – Entsizwa II / Art Times)

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As 2022 ends, around the world, mass evictions threaten all that is human

December 31, 2022 by 5 Comments

“Housing should not be a privilege”. After years in shelters and on the streets, 41-year-old Dwayne Seifforth and his nine-year-old daughter D’Kota-Holidae Seifforth live in an apartment in Harlem, in upper Manhattan. Having a stable and decent place to live has made all the difference. Mr. Seifforth moved from working part-time and living on food stamps to a full-time job. His daughter went to school and settled in. Unbeknownst to them and their neighbors, the landlord’s ownership of the building was tenuous, at best, and now they face eviction, through no fault of their own. “Housing should not be a privilege”. It’s a sentiment expressed around the world, and, sadly, with increasing frequency, given the rise this year in mass evictions. Consider just the last month or so, 2022.

In the United Kingdom, November ended with the revelation that, in the depths of the pandemic and its economic and existential hardships, housing associations, home to hundreds of thousands of vulnerable tenants, had secretly lobbied the government to let them charge more rent. At the same time, the typical salary for a housing association executive was around £300,000 a year, close to $400,000. At the same time, Michael Gove, the `levelling up’ secretary, reported that `at least’ tens of thousands of rental properties across the UK were unsafe, due to lack of maintenance. One minister’s “lack of maintenance” is a thousand landlords’ refusal to maintain. Meanwhile, end of the year reports showed that no-fault eviction notices rose 76% in the past year. 48,000 households in England alone were served with no-fault eviction notices.

In Canada, evictions marked the end of the calendar year. Quebec’s non-urban areas saw a marked increase in “renovictions”, forced evictions under the pretense of renovation. Non-urban Quebecois renovictions rose 43% in the past year and look to continue rising. The Coalition of Housing Committees and Tenants Associations of Quebec describes the situation as “alarming”. In metropolitan Quebec, evictions rose from 1,041 in 2021 to 2,256 in 2022, a 154% increase, again in the midst of a pandemic and its hardships.

For the state of Assam, in northeast India, in December, the state went on an eviction spree, and this in a state that has used mass evictions often since May, 2021, when the BJP assumed power. These eviction campaigns have targeted `encroachers’, who are almost Muslim. At the time of the last census, Assam’s population was around 27 million, of whom around 19 million were Hindu and 11 million were Muslim. From May 2021 to September 2022, 4,449 families have been evicted, almost all Muslims of Bengali origin, most of whom have lived in the area for generations. In November, 562 families were evicted from one site, without notice. In the first week of December, 70 families were evicted. On December 19, another 302 families were evicted. On December 26, 40 families were evicted from one site. On December 28, another eviction drive was announced, in Guwahati, Assam’s most populous city. Repeatedly, the government and its supporters have boasted that there was no resistance to the evictions.

Finally, on December 17, a group of people identifying themselves as part of or related to Operation Dudula, an anti-immigrant group in South Africa, invaded a derelict building in the New Doornfontein neighborhood of Johannesburg and evicted over 300 people, almost all migrants. Included among those cast out were more than 60 people living with disabilities, most of whom were blind, and over 200 women and children. As in Assam, the purpose was to remove `encroachers’ who were somehow `foreign’.

That’s the end of 2022, along with mass evictions of slum dwellers in Nigeria, villagers and small shop owners in Cambodia, Afghan refugees in Greece, long term residents in Mexico forced out to `welcome’ the new remote workers from the United States and Europe, Palestinians across the occupied West Bank, and especially Jerusalem, and, in the United States, from Connecticut to Oklahoma to Missouri to California to Oregon, and beyond and between, eviction filings and evictions are surging, often to record heights. When it comes to access to decent, stable, and affordable housing, the world map is one of violence, devastation and existential crisis.

Globally, the common theme is fear. In India, for example, the government assured the world that everything was fine because there was no resistance. According to residents, the reason there was no resistance was years of police violence against those who protested.  Ajooba Khatoon, whose house was demolished, explained, “We did not resist them because there were hundreds of policemen. The police had already instilled a sense of fear among us since their arrival on December 13. We were not allowed to step outside on the eviction day.” Across the United Kingdom, renters live with dangerous conditions because they are fearful of revenge evictions if they speak up. In South Africa, one of the survivors of the eviction in Johannesburg, Lazarus Chinhara, explained, “‘We are not scared of deportation or anything. If we remain quiet, we will become prisoners of conscience.” Tadiwa Dzafunwa added, “I don’t know if we will ever recover from this”.

Around the world and around the corner, neighbors are living with histories of State violence, perpetrated by landlords with the assistance of the police. Thinking of the residents’ and the world’s silence at the evictions in Assam, Moumita Alam wrote, “The silence around eviction however can be attributed to the history of violence that has marked the fate of the protestors …. If every protest begets dead bodies to be buried in silence, ‘peace’ of the burial ground shrouds our memory.” If we silently accept the forced disappearances of neighbors, the web of trauma thickens and tightens as the corpses pile up. What threatens all that is human is the cooperative architecture of violence, silence, and trauma of eviction. I don’t know if we will ever recover from this. Housing should not be a privilege.

 

(By Dan Moshenberg)

(Photo Image Credit 1: Next City)     (Photo Image Credit 2: LibCom)

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It’s official: Hlengiwe Mhlambo and her 183 neighbors have a right not to be homeless!

June 12, 2017 by 4 Comments

This family lives in what used to be a kitchen

“and Makwerekwere drifting into and out of Hillbrow and Berea having split into Berea from Hillbrow according to many xenophobic South Africans and their glamorising media and into Braamfontein to sort out their refugee affairs and the streets of Hillbrow and Berea and Braamfontein overflowing with Makwerekwere come to pursue green pastures after hearing that the new president Rolihlahla Mandela welcomes guests and visitors unlike his predecessors who erected deadly electric wire fences around the boundaries of South Africa trying to keep out the barbarians from Mozambique Zaïre Nigeria Congo Ivory Coast Zimbabwe Angola Zambia from all over Africa fleeing their war-torn countries populated with starvation like Ethiopia”                                                                      Phaswane Mpe: Welcome to Our Hillbrow

Last Thursday, the Constitutional Court of South Africa ruled that judges cannot authorize an eviction order that will leave people homeless. Over the past 25 years, South Africa’s highest courts have ruled consistently that the rights of residents, including occupiers, matter. Even with those protections in place, this decision is viewed as groundbreaking and welcome. The case involves 184 people – 47 women, 114 men, 23 children – who have occupied an apartment building in the Berea neighborhood of Johannesburg’s inner city. Hlengiwe Mhlambo is one of the 184. She is forty years old, a mother of two, and an informal trader. For the past 14 years, Hlengiwe Mhlambo has lived in her apartment, eking out a meager living, raising her children, hoping to find, or better create, the once promised green pasture.

Current residents have occupied the building anywhere from four to 26 years. Vusumuzi Dlamini moved in in 1991, and has been living there ever since. Samkelo Myeza moved in in April 2013, and has lived there ever since. For Dlamini, Myeza, Mhlambo and all the residents, things started changining in 2013. A new owner served the residents with an eviction notice. The residents went to a local ward committee member, who said he’d investigate the matter. In September, the case went to court. The ward committee member attended. Four residents, known as appearers, attended. Hlengiwe Mhlambo was one of the four. The owner’s lawyers appeared. The appearers attended to appeal for a postponement. The ward committee member told the court that an agreement had been reached between the owner and the residents, and that residents had agreed to their own eviction. As the Constitutional Court notes, “The applicants were not legally represented.”

Hlengiwe Mhlambo is clear that she did not have the authority to represent the 184 residents and that she, personally, never agreed to be evicted. The main point is that that applicants were not legally represented. They had no lawyers. No one explained their rights. They never fully understood the proceedings. For example, they did not know that the law states that before a judge can issue an eviction order, she or he must consider “all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.”

South Africa’s Constitutional Court decided that people have a right not to be homeless: “It is a well-established principle that an eviction from one’s home always raises a constitutional issue … The starting point is section 26(3) of the Constitution which provides that `[n]o one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances’. Accordingly, courts seized with eviction matters are enjoined by the Constitution to consider all relevant circumstances …  An order that will give rise to homelessness could not be said to be just and equitable, unless provision had been made to provide for alternative or temporary accommodation … Where there is a risk of homelessness, the local authority must be joined … Courts must be alive to the risk of homelessness and the issue of joining the local authority to discharge any duties it may have … All of this may appear unduly burdensome but it is necessary if one has regard to the fundamental importance that a person’s home has to the realisation of almost all human rights. More importantly, the procedure is constitutionally enshrined and legislatively enacted”

The residents were represented by the Socio-Economic Rights Institute, SERI. After the decision, their attorney Nomzando Zono, explained, “This is a momentous decision for millions of poor people across South Africa who live with insecure tenure and inadequate housing. As of today, our courts are forbidden from making eviction orders – even if they have been agreed to – until those under threat of eviction are aware of and able to exercise their rights, and until a Judge can be sure no-one will be left out on the streets.”

In the worldwide political economy of global cities, in which urban real estate is a driving economic force, we are so far from a politics that acknowledges “the fundamental important tht a person’s home has to the realisation of almost all human rights.” Last week, the South African Constitutional Court called on us, all of us, to remember the place of the home. No one can consent to an unfair eviction. No one can consent to homelessness. Homelessness is a violation of our most fundamental human and civil and Constitutional rights, wherever we live. Let’s join with Hlengiwe Mhlambo and make it so.

 

(Photo Credit: Twitter / Candice Nolan)

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