Tag

lockdown Archives | Page 3 of 5 | Eviction Lawyers South Africa

Cape Town suspends metro cops involved in eviction of naked man

By | COVID 19, Eviction news, Evictions

Reprinted from the Mail & Guardian. By Lester Kiewit – 2020-07-01

metro cops suspended over shack evictions
Cape Town’s executive director for safety and security, Richard Bosman, said in a statement on Wednesday night that an investigation into the incident is under way, with disciplinary proceedings expected to be implemented.

 

The City of Cape Town has moved to suspend four law enforcement officers who were shown on video evicting a naked man from his shack during a demolition of informal dwellings in Khayelitsha on Wednesday.

The video, widely circulated on social media, shows several metro police officers surrounding a shack while two officers push the unidentified man out of his home.

The man is tackled to the ground, while another police officer is shown kneeling on his back. Onlookers attempting to assist are pepper-sprayed.

It’s believed the man was bathing at the time of the eviction.

Cape Town’s executive director for safety and security, Richard Bosman, said in a statement on Wednesday night that an investigation into the incident is under way, with disciplinary proceedings expected to be implemented.
“We are in the process of suspending four staff members involved in the incident, pending the outcome of the investigation. The suspension also ensures that staff are not targeted while on duty. We are saddened by the conduct depicted on the video footage, and we do not condone any forceful and dehumanising conduct by our staff members,” Bosman said.

The City said their primary purpose was to carry out anti-land invasion operations to protect land earmarked for housing development, but added that it does not condone violence by law-enforcement staff.

“The City takes these allegations very seriously,” Bosman said.

The land in question in the Empolweni settlement has been subject to a legal battle, with the City acquiring an eviction order to remove people, because the property has been earmarked for development.

The City government came under fire in April after it embarked on evictions in this area, even though lockdown regulations to curb the spread of the coronavirus explicitly ban the exercising of eviction orders.

After a ruling by the Western Cape high court, only 49 households have been given rights to temporarily remain on the land until after the lockdown.

“After the removal of illegally built structures, new attempts are made to invade again on a daily basis … The City must also maintain this recent court order, which the community is aware of,” the Democratic Alliance-led local government’s statement said.

Social justice group Ndifuna Ukwazi — which has been assisting people since the first evictions in April — said that it will be calling for Bosman, and mayoral committee member for safety JP Smith to be held accountable for the “abhorrent violation of the rights to dignity, privacy, and housing” of the man.

*Simon Dippenaar & Associates, Inc. is a firm of specialist eviction lawyers, based in Cape Town and now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our attorneys on 086 099 5146 or sdippenaar@sdlaw.co.za if you need advice on the eviction process or want to know the cost of eviction.

Further reading:

Lockdown Level 3: This is what you can & cannot do

By | COVID 19, Evictions

Minister of Cooperative Governance and Traditional Affairs Nkosazana Dlamini-Zuma on Thursday released the regulations governing lockdown Level 3, which gets under way on 1 June

She said the entire country will move to Level 3, regardless of whether it is a Covid-19 hotspot. She added, though, that additional restrictions may apply for districts with a high level of infections.

Level 3 regulations permit the sale of liquor between Monday and Thursday, from 09:00 and 17:00, but tobacco sales remain prohibited.

Dlamini-Zuma said, as the economy reopens, practising hygiene measures, such as hand washing and maintaining a safe social distance, will be “most important” to fight Covid-19 – in absence of a cure or vaccine.

Here’s everything you will be allowed to do, and what you won’t, when Level 3 commences on 1 June:

You will be allowed to buy liquor

Trade and Industry Minister Ebrahim Patel said alcohol consumption will be allowed from Mondays to Thursdays between 09:00 and 17:00. Liquor deliveries through e-commerce will be allowed, but no on-site consumption of alcohol at outlets will be allowed.

You must always wear a cloth mask

Dlamini-Zuma said anyone who enters a work, public space or public transport must wear a cloth face mask or homemade item that covers the nose and mouth. Anyone who exercises outside also has to wear a cloth mask the entire time, she said.

You may NOT have social gatherings, or visit friends or family

Dlamini-Zuma said all gatherings remain prohibited, unless they are a church gathering, or an agricultural auction.

People will still be encouraged to stay at home, and will not be allowed to visit friends or family.

You may NOT travel across provincial boundaries, unless you have permission

Dlamini-Zuma said experiences in the Western Cape, Eastern Cape and Limpopo showed that interprovincial travel contributed to community transmissions, which is why it remains prohibited.

She said movement will be limited across provinces, metropolitan areas, districts and hotspots, except for people travelling to start work, moving to new residences, or to care for an immediate family member. People travelling will, however, require relevant permits.

She said pupils, students or teachers, who have to return to school, will be allowed to travel between provinces.

Dlamini-Zuma said movement between districts and localities will be permitted in areas that are not Covid-19 hotspots, This, however, will only be to travel to work, or to buy or obtain available goods, services and medical attention.

You may travel for funerals

Dlamini-Zuma said interprovincial travel for funerals will be allowed as long as they are close family members.

Those permitted to travel for funerals

  • Legal spouses or partners of the deceased
  • Children or grandchildren of the deceased, whether biological, adopted or stepchildren
  • Children-in-law of the deceased
  • Parents of the deceased, whether biological, adopted or step-parents
  • Siblings, whether biological, adopted or step-brothers or sisters of the deceased
  • And/or grandparents of the deceased.

Dlamini-Zuma said station commanders of all police stations are charged with the duty to keep meticulous records with regard to funerals and the number of attendees.

Domestic workers may return to work

Dlamini-Zuma said domestic workers will be allowed to return to work under Level 3.

You will be allowed to exercise for longer hours

Dlamini-Zuma said people will be allowed to exercise between 06:00 and 18:00 as long as it is not done in organised groups. People will have to adhere to health protocols and social distancing measures during this time.

She said public training, fitness and recreation facilities remain closed, except those conducting non-contact sports matches, without spectators.

Minister in the Presidency Jackson Mthembu said further clarity around whether beaches will be reopened, or surfing permitted, will be addressed by the Arts and Culture Minister at a later stage.

Workplace gatherings will be allowed

Workplace gatherings for work purposes will be permitted under strict conditions and the observance of health, hygiene and social distancing protocols, Dlamini-Zuma said.

She said employers have to ensure the 1,5 metres distance is maintained among employees, and that a limit on the number of people in the workplace be applied.

You may NOT go to bars, cinemas or restaurants

Dlamini-Zuma said restaurants, shebeens, taverns, night clubs, bars, cinemas, theatres, fêtes, bazaars; casinos and similar places remain closed.

You may go to hotels under strict conditions

Dlamini-Zuma said hotels, lodges, bed and breakfasts, timeshare facilities, resorts and guest houses remain closed, except those accommodating confined tourists, people lodging for work purposes, and persons in quarantine or isolation.

You may go to places of worship, such as churches and mosques

Dlamini-Zuma said religious counselling has been declared an essential service, and religious gatherings, such as church services, will be permitted as long as there are fewer than 50 people attending.

She said places of worship will have to maintain a 1,5 metre social distance between congregants, masks have to be worn at all times, and hands have to be washed.

She said places of worship must screen all participants attending, and must be regularly sanitised.

Dlamini-Zuma encouraged those above 60 not to attend worship services as they are at high-risk.

You may fly under strict conditions, and international travel remains limited

Dlamini-Zuma said limited domestic air travel will be permitted to allow employees to travel. She said a date for the reopening of domestic air travel will be made by the Minister of Transport.

Dlamini-Zuma said the country’s international ports remain closed, unless for the transportation of fuel cargo and goods, and for humanitarian operations, repatriations, evacuations, medical emergencies, and movements for diplomatic and international organisations.

You will be allowed to collect your food and go to a drive-through

Patel said the sale of hot food will again be permitted, but this will be for pick-up only. It means that people will also be allowed to collect food at fast food outlets, and that drive-throughs will reopen.

You may NOT be evicted

Dlamini-Zuma said because the country “cannot afford” any more of the vulnerable on the streets, evictions of tenants remain prohibited.

She did, however, add that, because rental income is also an important livelihood stream for some, a competent court may grant an eviction order, provided it is just and equitable.

You may NOT buy cigarettes

Dlamini-Zuma said the sale of tobacco, tobacco products, e-cigarettes and related products remain prohibited, except when it is destined for the export market.

You will likely be allowed to return to work

Patel said most sectors of the economy will reopen under Level 3, with a limited number of industries remaining closed as they pose a risk to the spread of Covid-19.

You may buy almost anything

Patel said all retail sales will reopen, including for household appliances and clothing sales, unless indicated – such as tobacco sales.

Source: All4Women (emphasis by SD Law*)
SD Law is a law firm of Cape Town and Johannesburg attorneys. If you need any help interpreting the laws of lockdown please contact us on 086 099 5146 or sdippenaar@sdlaw.co.za.

Evictions amid COVID-19, our social fabric could tear apart

By | Eviction news

If we are to come out of this lockdown without the stain of another massacre on our national conscience, the government needs to take decisive action against the brutal forms of policing that are increasingly generating anger and turning people against the state.

In the middle-class bubble, lockdown in Durban means much the same as it does for middle-class people the world over. Life seems to be organised around Zoom meetings, homeschooling and Netflix, and trying, without much success, to keep fit without being able to ride our bikes or go running.

But outside of the middle-class bubble, Durban is on a razor’s edge. For weeks now, it has been clear that many people have run out of food. Abahlali baseMjondolo, the city’s most powerful

grassroots organisation, is doing what it can for its members; and many religious organisations are doing sterling work too.

Millions of rands have been raised to feed the poor, but it’s never enough. Shopkeepers and grassroots leaders say that they can feel the tension in the air, and that it will just take one spark to set off a major food riot. If that happens, the great fear is that we will have another state massacre, another Marikana on our hands.

Another issue that has put the city on a knife-edge is that daily evictions, often accompanied by gratuitous state violence, are being carried out against shack dwellers. The city’s activists are all sure that the lockdown has, as we have also seen in Cape Town and Johannesburg, been used as a cover to mount a sustained attack on the city’s most vulnerable residents.

Abahlali baseMjondolo has been hit particularly hard with informal settlements affiliated to the movement being attacked on what seems to be a daily basis. There have been serious injuries and anger is at boiling point. It would be no surprise if the movement’s members felt that under the circumstances, they have no option but to return to the streets in their thousands. If this happens there is, again, the great fear of another state massacre.

Although the poor are always more vulnerable to any health crisis, we are all, rich and poor, vulnerable to Covid-19. We are all lucky that, unlike Thabo Mbeki or Donald Trump, we have a president who takes medical science seriously and has appointed the best doctors in the country to plan and manage our response to this crisis.

But lockdown means fundamentally different things for the middle-class and for the poor. There are people in the middle classes who face the loss of jobs or businesses and a real decline in their economic situation. But for many, the lockdown is largely just a matter of enduring a set of manageable frustrations. But for poor people, who often have no savings and can’t eat if they don’t work, the lockdown is a very different situation. Hunger places people in a desperate situation. The attacks on their already precarious homes radically compound the desperation.

At the same time as hunger is pushing people into deeper and deeper desperation, the ongoing evictions, and the state violence that accompanies them, is rapidly undermining popular consent for the lockdown and popular trust in the state. The social fabric could easily tear.

At the beginning of the lockdown, the state was impressively effective in its rapid roll-out of water to informal settlements that had previously not had access to water. It now needs to do the same, and with the same speed, with food.

It is absolutely vital that the national government must intervene to stop these evictions. They are unlawful, they put people at tremendous risk during the pandemic and they are rapidly turning the poor against the state.

The expansion to the grant system is a welcome development, as is the inclusion of progressive policy experts that allowed this to happen. But it won’t be enough to stave off a growing crisis of hunger. It is, therefore, equally vital that the full urgency of the situation is grasped and that food is immediately made available to the hungry. Hunger is not something that can be addressed via the usual bureaucratic process. It needs to be addressed immediately. And with emotions already running high, it is absolutely vital that ward councillors are not allowed to steal food, or to direct it to their own networks rather than on the basis of need.

At the beginning of the lockdown, the state was impressively effective in its rapid roll-out of water to informal settlements that had previously not had access to water. It now needs to do the same, and with the same speed, with food.

Along with the urgent need to stop evictions and to provide food to the hungry, there is a third imperative that must be taken seriously if we are to come out of this lockdown without the stain of another massacre on our national conscience: The national government needs to take decisive action against the brutal forms of policing that are increasingly generating anger and turning people against the state.

To his credit, President Cyril Ramaphosa has explicitly stated that the police and the army should see their role as offering social assistance in this crisis, and that they should not collapse into brutality. But social media is awash with images and videos of police brutality. Anger is running high and there is a real risk of serious conflict.

Ramaphosa impressed many with his decisive action against errant minister, Stella Ndabeni-Abrahams. He now, as a matter of urgency, needs to do the same with members of the police and the army who have been shown to have participated in the abuse and violence of ordinary people. Quick and decisive action will go a long way to restoring popular confidence in the state, and to reducing the risk of a breakdown in consent for the lockdown.

Plans are afoot to impose stricter lockdown rules in Durban while the rest of the country moves to a slightly moderated level four lockdown. This makes sense in light of the escalating rate of Covid-19 infections in the city. But if the issues of hunger, evictions and police brutality are not addressed, a stricter lockdown could result, in the days and weeks to come, in real social conflict.

The same level of expertise and the same degree of commitment that has been brought to the medical aspects of the current crisis now need to be brought in to resolve the questions of hunger, stop the evictions and stop the police brutality. The situation is urgent, and time and tide do not wait for bumbling bureaucracies. DM

Source: Daily Maverick (emphasis by SD LAW*)

* SD Law, aka Simon Dippenaar & Associates Inc., is a law firm of specialised eviction attorneys, and property lawyers, based and serving landlords and tenants in Cape Town, Johannesburg, and Durban.