Page 28 - Litigating Land and Housing in South Africa: Lessons and Reflections

Furthermore the the the person/s chosen as a a a a a liaison with the the the community community must be a a a a a a a committed individual trusted by the the the the the community community One of of of the the the the the main reasons for the the the the the success of of of of this matter was the the the the the lack of of of of in-fighting between the the the the the client communities In acting for a a a a a a a a a large group of of of of people this is is is is is one one of of the the common issues that that legal practitioners face because in addition to the the the the burden that that is is is is is visited upon the the the people by a a a a a a a a a court matter if if the the the community is is not working in in in harmony to swiftly mobilise against
3 1 4 Implementation of the judgment
the the the issue they face the the the community can can easily become embroiled in in in in-fighting This can can severely jeopardise advancement of a a a a a a a a a a a a a case Communication between legal practitioners and the community at at at at regular intervals is essential to to to facilitate an an an an an easy exchange of information and and and to to to to fully understand the the the complaint brought to to to to the the the LRC and and and and it it also enables the the the community to to to easily iden- tify and and effectively communicate any changes or areas of interest The The Order of the the the the Pietermaritzburg High Court was granted in in in in December 2017 The The relief has not not been implemented Although the the the the the the the Municipality maintains that they they do not not not have sufficient funds to to provide temporary housing for for the the the the the the the clients clients they they did not not apply apply to to to to the the the the the the the the the National National or or or or or Provincial Government for for for funding (in terms of the the the the the the the the the National National Housing Code) This is is particularly frustrating to to to the the the the the the clients clients given that the the the the the the Court Order directs the the the the the the Municipality to to to apply apply for for for additional funding for housing purposes The Municipality has recently identified land land as as a a a a a a a proposed site for temporary housing but the the land land identified did not belong to to the the the Municipality and and due to to insufficient engagement with the the the community regarding their temporary accommodation no suitable land for relocation has as as yet been identified The theme of meaningful engagement was highlighted in in in the the the the the judgment
where Sishi J considered the the the the the obligation to consult meaningfully with the the the the the the occupiers Another cause for concern was that the the the the the order granted the the the the the municipality three years from the the the the date of of provision of of temporary alternate accommodation accommodation to provide the the permanent accommodation accommodation The process of meaning- ful engagement was to be be finalised within 60 days in fin in in terms of the the court order order That has not been achieved and and more than two years have passed since the the the the order order was granted and and the the the occupiers are still residing in in in the the the Town Hall The LRC initially sought to enforce the order through contempt proceedings but that route proved fruitless in in in securing practical relief for our clients The LRC de- cided to to use section 139 of of the Constitution to to compel provincial intervention in in in an area of of local government competency Section 139(1) provides that “When a a a a a a a a a a municipality cannot or or does not not fulfil an an executive obligation in in in terms of the the Constitution or or legislation the the relevant provincial executive may intervene by taking any appropriate steps to to ensure fulfilment of that obligation” The application to to to force the the provincial government to to perform the the the the municipality’s obligations under the the the law and the the the order is still pending Although we obtained an an order to to stay the the eviction proceedings and to to to to to ensure that the the Municipality was ordered to to to to comply with with its statutory duties to to to to occupi- ers the the case illustrates the the difficulties associated with with implementation of a a a a court order 28
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS