Page 51 - Litigating Land and Housing in South Africa: Lessons and Reflections

been the the the the the co-ordinating Imam Imam of of of CMRM CMRM since 1986 and and and is is is assisted by Imam Imam Shaheed Gamieldien The CMRM CMRM is is is the the the the the one of of of the the the the the few remaining links that the the the the the former residents of of of Claremont Claremont have to Claremont Claremont and and and Newlands after their forced removal Prior to forced removals under the Group Areas Act Claremont and and and Newlands was a a a a a a a a a a multi-racial and and and reli- giously diverse diverse community consisting of people from diverse diverse class race religious and cultural backgrounds The area of of of which the the suburb of of of Harfield was was the the largest part was was popular because of of of its proximity to to buses and trains which people used as as transport to to work throughout the city Moreover Lower Claremont comprised of independent infrastructure which contained over 40 shops and and and small businesses After Claremont and and and Newlands were were declared a a a a a a a a a a a a White area many people from the community were were affected The evictees consisted of homeowners as as well as as tenants from White and and Indian Indian landlords or or or the City Council In In In addition Indian Indian property property owners were forced to to sell to to Whites because they could not own own property property in a a a a a a ‘White area’ The Group Areas Act and and and and forced removals destabilised Claremont and and and and Newlands and and and and a a a a a a a a a a a a a a large part part of of the the com- munity classified as as as “Coloured” in terms of of of Apartheid legislation were relocated to the the Cape Flats areas of of Manenberg Hanover Park Mitchells Plain Lavender
Hill Grassy Park and even as as as far away as as as Atlantis on the the West Coast Many former residents and their de- scendants still attend religious services at at the churches and mosques in Claremont Therefore to this day many who can afford to to still travel to to the mosque despite not being able to live in in in the area and and it is a a a a a a reminder and and connection to the the home they once had and a a a a part of their cultural heritage Through meetings at the Mosque congregants were able to learn about spatial justice and participate actively in the case and many lively discussions were held The Mosque was also able to draw on a a a a a wide range of experiences expertise and knowledge about diverse relevant matters from congregants to deepen their their understanding of the the the issues and and improve their their levels of participation The LRC participated in many of these discussions and contributed an an article to the the Mosque Mosque newspaper The representatives of the Mosque Mosque were also able to participate in multi-stakeholder dis- cussions concerning land value capture organised by civil society organisations more broadly 5 5 5 5 Legal principles established in in the case The CMRM took the the the the the the view that the the the the the the application for the the the the the the development development approvals in in in in in cases like the the the the the the large scale development development in in in in in in Thicket Street fell short of of of of addressing the the the the the the the the the the issue of of of of spatial justice in in in in in in 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 manner which would would realise the the the the the the the the the the intention of of of of the the the the the the the the legislation and and and the the the the the the the the approval of of of of of of the the the the the the the the application would would thus perpetuate racial and and and class exclusion in in in in in in in the the the the the the the the Newlands area For this reason it it objected to to the the the the the the the granting of of of of development rights in in in in in the the the the the the the context where City of of of of Cape Town does not compel applications to to address the the issue of of inclusionary housing The The LRC lodged an an objection on on on behalf of the the CMRM and argued it in the the the the Tribunal on on on on on 17 April 2019 The The objection stated that that the the the application for approval of the the the Thicket Street development showed no evidence that that the issue of spatial justice – – as as contained in in SPLUMA
– – had been considered The objection was dismissed not because because the the arguments raised were faulty but because because the the Tribunal did not consider itself to to be be be in a a a a a a a position to to LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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