Page 11 - Litigating Land and Housing in South Africa: Lessons and Reflections

2 1 4 Strategy and successes
The purpose of of the the the the the application to to to to court was was to to to to obtain an an an interpretation on on on whether the the the the the municipalities are are obliged to to to to to ensure that that the the the the the the farm farm occupiers and and labour tenants are are provided with access to to to to to basic services It was was the the the the the the view of of of a a a a a a a a a a a a a a a a a a a a a a number of of people (including municipalities municipalities and and and farm farm farm owners) that that the the the the municipalities municipalities cannot be be forced to to to to provide provide farm farm occupiers and and labour tenants with access to basic services The court held they were wrong We relied on on several strategies to to support the the the the litigation in in in in in in in in this matter matter – including media meetings pickets workshops and and transporting clients
to to to court during the the the the the hearing of of of of the the the the the matter matter The reality of of of of seeing the the the the the farm dwellers who were suffering suffering as as as as a a a a a a a a a a a a a a a a a result of of of of lack of of of of access to to basic services highlighted the the the the human suffering suffering and and recognition for dignity that this case was about 2 1 5 Implementation of the judgment Although uMsunduzi Municipality filed filed an application application application for for for leave leave to to appeal appeal the the the judgment the the the application application application has never been set down for for for for for hearing despite it it it being filed filed filed in in in in in August 2019 It is possible that the the the the the the the application application application application for for for for for leave leave leave to to to appeal appeal appeal may have been filed filed filed solely for for for for for for the the the the the the the the the the purpose of of delaying the the the the the the the the the the matter Following the the the the the the the the the the application application application application for for for for for for leave leave leave to to appeal appeal the the the the the the the the the the LRC filed filed the the the the the the the the the the the application application application application for for for for for the the the the the the the the the the the interim implementation of of the the the the the the the the the the the court order pending the the the the the the the the the the the decision in in in in in in the the the the the the the the the the the application application application application for for for for for leave leave to to appeal appeal and appeal appeal This application application application application was was set set down down down for for for for hearing hearing on on on on on on on on on the the the the the the the the 21 April 2020 2020 but was was postponed due to to the the the the the the the the COVID-19 lockdown At the the time of writing this application application is is is set set down down down for for hearing hearing on on on on on 20 20 20 20 20 August 2020 2020 It is important to to record that uMshwathi and uMgun- gundlovu Municipalities have failed to to file their action plans and and reports Our view is that they are waiting for for the the the the the outcome of of the the the the the application application for for for leave to appeal and and the the the the the LRC’s application application for for the the the the the interim implementation of of the the the the court order We have however successfully used this this judgment to convince the the the municipalities municipalities (including the the the municipalities municipalities that that were not part of this this application) that that the the farm occupiers and labour tenants are entitled to to access to to basic services This was done through
2 1 6 Proposal following the judgment dialogues and workshops aimed at at at collaborative efforts for for for change That engagement was only possible because of of the the persuasive force of of the the judgment The judgment illustrates how strategic litigation may give rise to to meaningful engagement to to better the lives of people living in in in poverty Once implemented fully this judgment represents the the the potential to improve the the the quality of of of the the the lives of of of a a a a a a a number of of of farm occupiers and labour tenants We propose that all stakeholders obtain a a a a a a a a a a a a a a a a a copy of of the the the judgment judgment and and use it it it it to to to convince the the the municipality in in in their area of of its obligation to to to to to provide farm occupiers and and and labour tenants with access to to to to to basic services The judgment judgment may be used as as as a a a a a a a a a a a a a a a a a tool to to to to to influence the the the the political and and budgetary decisions made by local government once they grasp the the the the consequences of failing to to to perform their functions LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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