The Portfolio Committee is deeply concerned about the implementation of the eviction order by the Johannesburg housing company, which has made homeless some 2 000 tenants of the Newtown urban village. The residents were thrown into the street and, as a consequence, suffered damage to their property.
Section 26(3) of the Constitution of the Republic of South Africa provides that the eviction of persons should be lawful and that all relevant circumstances should be considered. This eviction order hurts the most vulnerable in our society.
In the case of Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC) the court contended that, “the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, Act 19 of 1998, expressly requires the court to infuse elements of grace and compassion into the formal structure of the law. It is called upon to balance competing interests in a principled way and promote the constitutional vision of a caring society based on good neighbourliness and shared concern.”
Over and above the unlawfulness of evicting persons without provision of alternative accommodation, it cannot be in the nature of a caring society to cause a mother and her disabled son, among others, to sleep in the cold, open veld. Our society should protect its most vulnerable from harsh and unbearable conditions.
The Portfolio Committee is currently awaiting reports from relevant state organs to prepare an appropriate response. We call on all responsible for this sorry state of affairs to expedite a humane resolution and, where the law has been breached, we call for swift justice.It is our considered view that mediation is desirable to bring the parties closer to a workable solution that will be mutually beneficial. We call for those who are legally responsible to provide alternative accommodation for those who have been displaced without further ado.
For media enquiries:
Kanyisa Ndyondya, Chairperson: Parliamentary Communication Services
Tel: 021 403 8041
Cell: 083 624 0585
E-mail: kndyondya@parliament.gov.za
