Page 97 - Litigating Land and Housing in South Africa: Lessons and Reflections

by security guards Mr Gavin Neville Crookes stated that President Nelson Mandela was supposed to evict evict the the the the occupiers occupiers As a a a a a a a a result of the the the the unlawful eviction the the the the the occupiers occupiers reported the the the the the matter to Wartburg
Police Station The docket docket was opened and the the the the the the members of the the the the South African Police Services took the the the the docket docket to to to the the the the Public Prosecutor for a a decision The The Public Prosecutor declined to to to prosecute in in December 2002 The The representations were made to to to to the the office of of of of the the Director Director of of of of Public Public Prosecution Prosecution in Pietermaritzburg The Director Director of of of of Public Public Prosecution Prosecution declined to to prosecute and and stated that land matters are complicated As a a a a a a a a a result the the the written notice required by section 23(5)(b) of of of of of ESTA was sent to to to the the the office of of of of of the the the Director Director of of of of of Public Public Prosecutions The Director Director of of of of of Public Public Prosecution Prosecution did not respond until 14 days expired The occupiers with the assistance of of University of of Kwa-Zulu Natal Law Clinic took a a a a a a a a a a a decision to to prosecute privately The criminal summons and charge sheets were prepared 47
8 2 4 Consequences of evictions
The summons and and charge sheets were issued and and served upon Mr Gavin Neville Crookes in in in 2003 2004 2005 2006 and 2007 The criminal trial was set down to be heard in in the the Magistrates’ Court for the the district of New Hanover on on 18 March 2008 but did not proceed on on on on that date because Mr Gavin Neville Crookes brought an an application application for a a a a a a a a a a a a a a a permanent stay of prosecution The magistrate dismissed that application application on on on on 23 October 2008 Mr Gavin Neville Crookes appealed the magistrate’s decision to to Pietermaritzburg High Court The The Appeal was was heard on on on the the the 15 April 2010 2010 The The appeal was was dismissed on on on the the the the 4 May 2010 2010 Unfortunately the the the the occupiers did not proceed with the the the private prosecution It is is is clear that the the issues of farm occupiers have never been prioritised by the the the South African Police Services and the the the the National National Prosecuting Authority This is is is appar- ent ent from the the the annual report48 produced by the the the National National Prosecuting Authority in in that ESTA is not mentioned Similarly the the the South African Police Service Annual Report49 is is silent on the the the issue of of the the the infringement of of farm occupiers’ rights The The The consequence of evictions
can be be devastating The The The farm farm farm occupiers lose their their jobs advantages associating with working on on on on on a a a a a a a a a a a a a a a a a a a a a a a a farm farm farm farm farm income water houses and and and their their their children’s education is is is disturbed The The The The farm farm farm farm farm employment is is is an an an an an an an important part of farm farm farm farm farm workers’ livelihood The The farm farm farm farm farm occupiers occupiers lose their their their grazing and and and and and cropping land land after eviction It is well known that most farm farm farm occupiers occupiers have have ample land land to to to cultivate and and and and and produce food for their their their their own own own consumption They also have have their their their own own own livestock keep chickens and and and and are are able to to to sustain their their their livelihoods apart from from the the the the the the low income they receive from farm employment Women and and children are are most affected by the the the the eviction 47
The example of the criminal summons and charge sheets are attached as annexure GNC 1 48 Annual Report National Prosecuting Authority 2017/2018 in in terms of of the NPA Act 32 of of 1998 49 South African Police Service Annual Report 2017/2018 LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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