Page 29 - Litigating Land and Housing in South Africa: Lessons and Reflections

3 2 JOE SLOVO: CONDITIONS OF ALTERNATIVE ACCOMMODATION FOR PERSONS EVICTED
3 2 1 Case information The Joe Slovo informal settlement was was first occupied in in in the the the the 1990s and and is is situated on on land owned by the the the the City of Cape Cape Town Town next to to the the the the the the N2 highway When the the the the the the area was was established it it it it it it it had no running water sanitation services services electricity or roads but over time the the the the the the the City City of of of Cape Cape Cape Town Town Town commenced with providing gradual basic services services to to to the the the the the the the 20 20 000 residents of of of of the the the the the the the settlement In 2006 the the the the the the the City City of of of of Cape Cape Town Town installed piped water toilets refuse removal the the the the the the the lay-out of of of of streets drainage connection to to to to the the the the the the the the the the the electricity grid and house numbers At no no stage during the the the the the the the the the the the existence of of of the the the the the the the the the the the the settlement settlement had had the the the the the the the the the the the the City told the the the the the the the the the the the the residents residents that that they they were not permitted to to to reside reside reside reside at at at at the the the the the the the the the the the the settlement settlement or or that that they they should vacate the the the the the the the the the the the the land land land Many of of the the the the the the the the the the the the residents residents residents had had resided on the the the the the the the the the the the the land land land for fifteen years when in 2007 the the the the the the the the the the the the government attempted to evict the the the the 20 000 residents residents from the the the the land land The settlement had a a a a long history of engagements with the government agencies responsible for for housing in in in in Cape Town Fires are a a a a a a a risk in in in in in informal settlements and were common in in in Joe Slovo After a a a a a a a a a a a fire people would would normally move move out the the area would would would be cleared and and people would would move move back in in in and and rebuild their shacks However when a a a a a a a fire broke out in in in in Joe Slovo in in in in 2005 the the authorities did not allow people to to move back in in in in in and instead built built 3-story blocks of apartments apartments in in in the the gutted area The apartments apartments were were badly built built with poor sanitation and and were were not allocated to former residents Instead an an an an advert was placed in in the the Cape Times and and people were invited to to apply for for them Affordability was one of of the the the the the eligibility criteria as as the the the the the City planned to to rent out the the the the the apartments In time some of of the the the the the Joe Slovo residents who were were displaced by the the the the fire were were moved to to Delft Delft first into temporary accommodation and then some were allocated formal housing in in in in Leiden (Delft) This process caused much unhappiness and mistrust Under the the state’s Breaking New Ground policy aimed at at at the the elimination of informal settlements in in in in South Africa Joe Slovo was was targeted for for for upgrade and redevelopment The area was was was earmarked for for low cost housing as as as as part of the the ‘N2 Gateway’ project that was was to run from the the airport
to District 6 6 in in anticipation of the the 2010 Football World Cup During 2006 and 2007 there was “considerable effort” by government agencies responsible for for housing to to to to persuade the the residents to to to to move to to to to Delft but these negotiations failed and an an application was launched to to to to evict the the residents residents of Joe Slovo The residents residents refused to to move for two main reasons Firstly they did not want to to be in in Delft which was miles away from Joe Slovo and and and schools and and and work opportunities Secondly based on on their their history of engagement and and and their their removal after the the the the the the fires they they did not trust that that the the the the the the move move would would be be ‘temporary’ or or that that they they would would be be moved back to to Joe Slovo once the the the housing development took place In late September 2007 Justice Hlophe presiding over the the Cape High Court advised a a a a a a group of residents from Joe Slovo to to consult with the the the LRC They had arrived at court unrepresented and the the the judge wanted to to to provide them with an an an opportunity to to obtain legal representation The LRC took on the the the case case and and sought assistance to to develop the the the background of the the the case case Law and and social justice students volunteered to take statements This was a a a a a a a a new and useful way of providing context from the the the the many statements collected Although these stories were not recorded in the the the the judgment
they provided an an LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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