Page 32 - Litigating Land and Housing in South Africa: Lessons and Reflections

3 3 2 3 3 Working with clients
The Joe Slovo community community community consisted of of about 20 000 residents For several years before the the the the eviction the the the the community community community had been consulting lawyers in in in in in private practice in in in in in the the the the the the the form of of a a a a a a a a a a a a a a a a a community community community community group group called the the the the the the the Penze Penze Committee A separate group group then emerged emerged in in in in in in in the the the the the the the community community and set up up up a a a a a a a a a a a a a a a a a a a a a a task task team team which challenged the the the the the the the original Penze Penze Committee Committee The The task task task team team team primarily emerged emerged because of complaints that that the the the the the the the case was was moving too slowly under the the the the the the the Penze Penze Committee Committee Committee This task task team team gained support and and was was the the the the the the group that that instructed instructed LRC in in in in in in in the the the the the the litigation The The Penze Penze Committee Committee then instructed instructed Chennells Albertyn Attorneys and and and despite the the the the the the the residents being represented by two firms of of attorneys they all wanted the the the the the same result and and the the the the the matter proceeded free of conflict The community was well-organised and and and between 2004 and and and 2007 they participated in in in several protests and and and demonstrations which included the the the the burning of tyres on on on the the the N2 These protests persisted throughout the the the legal process and and twelve community leaders were were arrested and and were were were represented by the the the LRC in in the the the magistrate’s court The charges against them were were eventually dropped but the the the the protest action alongside the the the the litigation was an an important factor in in driving the the the the the case forward The government could not ignore the the the the the plight of the the the the the residents as they they were were actively enforcing their rights and drawing attention to to the the the the the problems they they were were facing due to to the the the the the forced eviction The residents also participated in in in ensuring that the litigation was opposed and in in in September 2007 3 500 residents went to to the Cape High Court to to file notices
3 2 4 Strategy successes and failures
to to oppose the the litigation in the the High Court It took more than five hours to stamp and process their notices
of opposition In our experience this is is rather uncommon behaviour and the the fact that the the community took such active measures to oppose the litigation was crucial in protecting and advancing their rights The lengthy and complex litigation contributed to building community organisation and leadership People who were active in this process constitute a a a a vital resource for others who are facing eviction or or living in in in precarious housing situations They provide both advice and solidarity This is is captured through networks and loosely affiliated organisations such as Abahlali Basemjondolo Anti-Eviction Campaign and Slum Dwellers International There is often the the the the perception that that legal legal practice stands separate from the the the the legal legal academic sphere within universities universities The The Joe Slovo case very aptly illustrated how these two fields can can intersect and and the the the the the the the the important role that that universities universities can can play in in in in the the the the the the the outcome of of litigation When the the the the the the the LRC accepted the the the the the the the brief we called for help to to to develop the the the the the the the background stories stories of of the the the the the the residents residents in in in in Joe Slovo This was an an an an an an enormous task as as as it it it meant that countless interviews had to to to to to be conducted with residents residents residents to to to to to to determine their circumstances and and and family histories Law and and and social justice students from the the the the the the the the University of of Cape Town volunteered to to to to to take statements statements and and and and these statements statements allowed allowed for for the the the the the the the the residents residents to to to to to be seen as as individual people and and allowed allowed the the the the the the the the Court to to to appreciate the the the the the the the the effects of of of the the the the the the the the eviction on on their lives The efforts of these students were instrumental in in in this aspect 32
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS