Page 18 - Litigating Land and Housing in South Africa: Lessons and Reflections

2 2 2 2 2 2 4 2 2 2 The value of experts
In both cases we made use of of experts
We commissioned a a a a a a a a a a a a a report report by a a a a a a a a a a a a a structural structural engineer to conduct site visits at at some of of the the the the the the clients’ homes homes and report report on on on the the the the the the structural structural structural problems that that that underlie the the the the the the sewage spills spills This was valuable as as it helped us us us to to draft 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 remedy that that that that spoke to to the the the the the the the the specific structural structural issues that that that that caused the the the the the the the the spills spills at at at at at at at at the the the the the the the the homes homes of of of of of the the the the the the the residents We also made use use of of of of of the the the the the the the water-testing services of of of of of Amathola Water 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 a a company that that that can conduct laboratory testing testing of of of of of of water water samples samples samples They sent 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 technician to to to collect samples samples samples of of of of of of the the the the the the the sewage sewage spills and these samples samples samples were were analysed to to to determine the the the the the the the the level level of of of of of pollution The The results were were useful in in in in in in illustrating the the the the the the the the way the the the the the the the the sewage sewage spills contaminated the the the the the the the the the the natural environment and and and resulted in in in in in in in the the the the the the the the the the loss of of of of ecosystems It also showed the the the the the the the the the the level level level of of of of water pollution and and and the the the the the the the dangers that the the the the the the the high levels of of of e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e coli in in in in the the the the the the the sewage posed to the the the the the the the residents’ health and and and well-being Lastly we collaborated with MobiSAM MobiSAM MobiSAM MobiSAM is a a a a a a a a a a a a a mobile accountability monitoring platform that was started by two Makhanda residents in in 2016 to to to report service delivery failures to to the the municipality It was developed in collaboration with the the Department of Information Systems at at at at at Rhodes University who were able to provide us with accurate statistics on on the the the number and the the the nature of the the the reported sewage spills and dump sites in town With the the assistance of a a a a a a a a a a a cartographer we we were able to to to to to use the the the the geographical coordinates of the the the the the the spills and and the the the the the the dump sites to to to to put to- gether a a a a a a a a a a a map map that charted the the the the the the spread and and the the the the the the locations of the the the the the spills over a a a a a a a a a a a a a six-month period These maps were were included in in the the the the court papers and and were were a a a a a a a a a powerful image of of the the the the nature and and the the the the extent of of service delivery failures in the the the municipality 2 2 2 2 4 3 The role of community-based organisations
In In both cases community-based organisations
played an an an an an an an important role In In the the the refuse case case Makana Revive an an an an an an an organisation organisation aimed at at at at at improving Makhanda provided valuable insight into their engagements with with with the the the the the the municipality Through consultations with with with them we gained 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 a a clear picture of the the the the the the the challenges associated with with with the the the the the the the municipal municipal municipal dump site and and the the the the the the the internal politics that hampered the the the the the the the municipality’s ability to execute its functions The UPM also remained 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 a valuable resource and and and they routinely provided us with new information about the the the the the the the situation on on on on on ground-level Community-based organisations
know the the the the the the communities better than the the the the the the lawyers or or or the the the the the the paralegals and and it it it it it is is always beneficial to have them on on your team 2 2 2 2 4 4 4 4 The role of the media We We tried to make sure that that that these cases caught the the the the attention of media outlets We We were were were aware that that that the the the the issues were were were sensitive and and and that that that several municipalities across the the the the the country were were were experiencing similar problems and and and could potentially learn from from from this case case A A journalist journalist journalist from from from the the the Canon Collins Trust assisted us us us in in in in in in creating video and and and photo content which which we we we used to to to draw attention to to to the the the case case case 3 A A number of journalists visited our our our our our clients clients including a a a a a a a a a a a a a a a a a a a a journalist journalist journalist from from from Bloomberg Press which which which meant the the the the the the the the case case case received international coverage We were were fortunate that that our our our our clients clients clients were were willing to to open their homes to to the the the the the the the media which which ensured that that the the the the the the the plight of of the the the the the the the clients clients remained the the the the the the the focus of of the the the the the the the cases 3 3 3 3 3 3 3 Link to video: https://www facebook com/CanonCollinsTrust/videos/529494854347335/?v=529494854347335
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LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS