Shack dwellers’ group sues
city, SAPS for R5 million
September 28 2012 at 09:06am
By Noelene Barbeau
By Noelene Barbeau
.
The shack
dwellers’ movement Abahlali baseMjondolo, as well as 52 former residents of the
Kennedy Road informal settlement in Clare Estate, are suing the police and the
eThekwini municipality for more
Their claim –
which was filed in the Durban High Court earlier this week against Police
Minister Nathi Mthethwa, national police commissioner General Riah Phiyega and
the municipality – is for the alleged failure of the defendants to protect the
residents during an attack by an armed gang three years ago.
Teboho
Mosikili, the Socio-Economic Rights Institute of SA attorney who is
representing the plaintiffs, said the summons and claim were filed on
Wednesday, and that they were awaiting a response from the police and the
municipality on whether or not they intended opposing the matter. He said a
court date still had to be set.
Abahlali was
based at the informal settlement in Kennedy Road until the weekend of September
26, 2009. Many of the 52 residents owned two- or three-bedroomed shacks in the
settlement, and lived there with their families.
Many were
unemployed, or worked as construction workers or security guards, and were also
members of the movement’s safety and security committee.
According to
the particulars of their claim, on September 26-28, 2009, an armed gang
gathered at the informal settlement. The gang was aggressive, carrying weapons
such as pangas, knobkieries, sticks and knives, Mosikili said in court papers.
The gang
chanted “Down with Abahlali”, “Kill Abahlali”, “Down with the Safety and
Security Committee”, and “Kill the Pondos”, he said.
During this
period, the gang sought out the 52 residents because of their membership of
Abahlali and its committees, including the Safety and Security Committee and
the Kennedy Road Development Committee and/or because of their Xhosa ethnicity,
he said.
“The gang
attacked, threatened and intimidated” the 52 residents and their families, the
court papers read.
Mosikili said
that as a result of the gang’s actions, the residents and their families feared
for their lives and fled their homes, which were destroyed and ransacked,
leaving them homeless and destitute.
Failure
According to
their claim, the SAPS and metro police failed to
take the
following necessary action:
* Respond to
their numerous calls for help.
* Take
reasonable steps to protect them from being attacked, threatened, intimidated
and chased out of their homes.
* Take steps to
prevent the movement’s offices and residents’ homes from being destroyed and
ransacked.
* Apprehend the
gang members.
“As a result of
their failure, they [the residents] suffered loss of their property,
financially, as well as pain and suffering,” said Mosikili.
“They incurred
more financial loss because of medical treatment required because of the
attacks.”
The details of
their individual claims were listed, and ranged from loss of property and costs
of finding alternative accommodation to pain, suffering and emotional shock.
The amounts varied from R100 000 to R168 000 for each of the residents.
The police and
the municipality have 20 days to file notice of their intention to oppose the
matter.
noelene.barbeau@inl.co.za
