Page 16 - Litigating Land and Housing in South Africa: Lessons and Reflections

Since these clients would be acting in in in in in in the the the public interest interest and in in in in in in in the the the the interest interest of people who were were similarly affected by the the sanitation problems we we we were were mindful of selecting clients who lived in in in in different areas in in in in town This was was was strategic to to to to try and show to to to to the the court that the the problem was was was not limited to to to to a a a a a a a a a a a a a particular area but was was was affecting the the whole town The clients therefore ranged from working professionals who who had houses inside the the centre of of of Makhanda to pensioners living in in in in Joza Location Five of of of the the the 10 residents were were men men and and five of of of them were were women This was not deliberate but a a a a a a a happy coincidence While some of of the the the the the residents had been lobbying the the the the the municipality on their own others did so as part of informal committees that represented the the the the communities The residents living in in in Extension 6 had set up an an an informal committee committee to handle their grievances with the the municipality The The committee committee was led by women They were were predominantly pensioners who were were caring for their their children children and and and grandchildren and and and had lived in in in the the the community their their entire lives This proved to be an an an an invaluable resource The The women knew everyone in in the the community and and were were well-liked They were were able able to to convince clients to to to partake in in the the the case case and and mobilise community support for for the the the case case They were also able to to to arrange access for for our team to to the the homes of affected community members so that we we could consult and take pictures of sewage spills As they they were were retired they they had ample time to to to dedicate to to to the the the case and were were always available when we we needed information or or or had to to to meet for a a a a a quick consultation Another valuable member of the the committee was was an ac- tivist called Apollo Phillips He was was a a a a a a a a a a a water researcher who used to work for Rhodes University and lived in in Joza Location His knowledge of the existing sewerage
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structures and the infrastructure developments over the the years were important in in in gaining a a a a picture of the the steps or lack thereof that the the municipality had taken in the the previous 25 years to to provide basic services to to the the community He was was unassuming in in his manner but was was respected and had a a a a a way of speaking to the community that calmed tempers and allowed for reason to prevail Apollo was also invaluable in in in in explaining the legalities of the case in a a a a a a simple and and clear manner His command of of English and IsiXhosa meant that he often acted as a a a a a translator between the the lawyers and the the community It is is always important to explain the the legal issues in in the the language that the community is most comfortable with as it enhances their understanding of the the issues The clients played an enormous role in the litigation They were well organised and kept records of all their interactions with the the municipal officials Some of of the the clients had records of emails dating back to 2014 while others kept minutes of of meetings with officials that we used to create a a a chronology of their efforts and the the broken promises of the the municipality It is is never possible to have a a a relationship with every member of the community and as lawyers it it is useful to identify a a a a a a a handful of clients that can act act as contacts between the the community and the the lawyers or paralegals They can handle queries from the community obtain information and relay information to the the community This gives the the community agency and allows them to “own” the the case The more involved they are in in in the the decision-making process and and the more lawyers and and paralegals consult with the the the community about the the the legal steps the the the more invested the the the community is is in in the the the vision of the the the litigation and the the more likely they are to to conscientiously monitor the implementation of any order granted The The clients in in in in in the the the refuse case consisted of of the the the Ezihagwini Street Committee and and the the the school governing bodies of of Mary Waters High High School School and and TEM Mrwetyana High High School School The The word “ezihagwini” means “pigsty” in in in in in in IsiXhosa a a a a a a a a a a a a a a a a a a a a a a a a a very apt name for for a a a a a a a a a a a a a a a a a a a a a a case case on on on waste management As with the the sanitation case case the the committee was was an an an an an an informal collection 16
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS