Page 33 - Litigating Land and Housing in South Africa: Lessons and Reflections

In addition to the the university the the residents in this case were also well supported by community-based organ- isations such as as as the the AEC which provided moral and and technical support to the the residents residents and and and assisted with protest action and and court processes The residents residents were also assisted by a a a a a a a a a Dutch NGO called x minus y y which provided R20 000 that allowed 98 residents to to travel to to the Constitutional Court hearing It is important for 3 2 5 Implementation of the judgment
clients
to attend the the the the court case and and participate in in in the the the the proceedings as as it enhances the the the the the understanding of the the the the the judgment
and the order The expert evidence by Gerry Adlard demonstrated that a a a a a a a a housing project could develop without evicting cur- rent residents and and that in in in in situ upgrading was was possible and and and was was also used as as as part of of the the the implementation of of the the the judgment
and and played a a a a a a a a a a role well beyond the the the litigation Although the the the the the the eviction eviction order was granted by the the the the the the High Court Court Court and and the the the the the the Constitutional Constitutional Court Court Court the the the the the the Constitutional Constitutional Court Court Court outlined outlined strict strict conditions conditions for the the the the the the the eviction eviction and and outlined outlined what constituted alternative accommodation After the the the the the the the Constitutional Court judgment
it it it it it it it it became clear that that government government could not comply with the the the the the the the strict strict conditions conditions conditions imposed by the the the the the the the the the the court One of of the the the the the the the the the the reasons was was that that the the the the the the the the the the cost of of meeting the the the the the the the the the the conditions conditions was was prohibitive The government government missed deadlines in in in in in their progress reports to the the the the the the the the the the the the the the Constitutional Court and and the the the the the the the the the the the the the the LRC criticised the the the the the the the the the the the the the the report report content At the the the the the the the the the the the the the the same time there was a a a a a a a a a a a a a a a a a change in in in in in in in political leadership in in in in in in in the the the the the the the the the the Western Cape after the the the the the the the the the the DA defeated the the the the the the the the the the ANC ANC and and the the the the the the the the the the ANC ANC appointed a a a a a a a a a new national housing minister Ultimately the the the the parties parties asked the the the the court to set its order aside Under the the the the changed circumstances the the the the parties parties recognised that an an an in situ upgrade was was preferable This This required the the eviction order to be be set aside This This was was significant because it it it meant the the the Constitutional Court agreed to to revisit a a a a a a a a a a a a case which they had already decid- ed ed ed ed ed The Court asked for submissions to to demonstrate that the the the the order was not being implemented Based on on on on these submissions and without a a a a a a a a a further hearing the the the the the Constitutional Court set aside their original ruling Represented by the LRC Joe Slovo residents in protracted negotiations reached an agreement with the Housing Development Agency (HDA previously Thubelisha Homes) on how to proceed with an upgrade in in in situ This was based on the the expert evidence of of Gerry Adlard in in in in support of of the the applicants Thereafter working closely with HDA leadership in in in Joe Slovo started to number every shack The situation 10 years later is that approximately half of the planned houses have have been been built and most have have been been allocated to Joe Slovo resi- dents who hold the title deeds The in situ process has not been easy largely due to to political challenges New people have moved into Joe Slovo since the the judgment
which has added to to the the the the the complexity The LRC’s long term engagement with the the the the the the case helped strengthen the the the the the the solidarity network and and the the the the the capacity of the the the the the leadership in in Joe Slovo to to to continue to to to mobilise and and hold government to to account LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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