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The LRC is a law clinic that seeks creative and effective solutions by using a range of strategies, including impact litigation, law reform, participation in partnerships and development processes, education and networking within and outside South Africa.
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The Constitutional Court, on Thursday 21 August 2008, will hear an appeal against an order granted by Judge John Hlophe on 10 March 2008 evicting approximately 20 000 occupants of the Joe Slovo Informal Settlement alongside the N2 highway to Cape Town.
The evictions, due to start a week after the judgment was handed down, didn’t occur as an application for leave to appeal was brought.
State owned company Thubelisha Homes, the National Minister of Housing and the Western Cape MEC argue that the occupants of Joe Slovo must move to make way for the Gateway Housing Programme, the government's major housing project in the Western Cape.
The occupants of Joe Slovo oppose the eviction and relocation, and argue that they have consent from the City of Cape Town to live on the land and
are therefore not unlawful occupants. They argue further that by evicting them Judge Hlophe ignored their substantive legitimate claim to see their
housing rights realised on the basis of a promise made by officials that 70% of the new housing would be allocated to current residents.
The Centre of Housing Rights and Eviction (COHRE) and the Community Law Centre from the University of Cape Town have since joined as amici (friends
of the court). They argue that in the circumstances such a mass relocation of the occupants of Joe Slovo to Delft, approximately 15 kms from Joe Slovo and even further away from the city, will significantly disadvantage them and is accordingly not just and equitable.
Steve Kahanovitz, the instructing attorney from the Legal Resources Centre (LRC) says that this is a particularly important case. "It will afford the Court the opportunity to further develop the rights of access of poor people to housing as well as to interpret the ambit of the Prevention of Illegal Eviction from Unlawful Occupation Act (PIE)."
For more information contact Ms Hyun-Jung Kim, the Legal Resources Centre, at 0118369831 or hyunjung@lrc.org.za.
The following Heads of Argument as filed in the Constitutional Court by all the parties can be downloaded below:
JOE_SLOVO_hathorn_heads.pdf [257 KB]
JOE_SLOVO_MinisterConcourt_heads.pdf [322 KB]
JOE_SLOVO_Respondent_Minister_Re_Amicus.gif [SCAN - 36KB]
JOE_SLOVO_Respondent_Re_Amicus.pdf [95 KB]
JOE_SLOVO_task_team_heads.pdf [221 KB]
JOE_SLOVO_Thubelisha_heads.pdf [1261 KB]
JOE_SLOVO_ThubelishaHomes_AmiciSubmissions.pdf [245 KB]
The Cape High Court judgment being appealed against can be downloaded below:
JOE_SLOVO_ThubelishaHomes_FinalJudgment.pdf [139 KB]
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The Grahamstown office of the Legal Resources Centre (LRC), on behalf of the Tergniet and Toekoms Action Group (TTAG) has filed an urgent application in the High Court asking for declaratory relief or in the alternative an interdict against Outeniqua Kreosootpale (Edms) Bpk (Outeniqua), the Chief of Air Pollution Control Officer (CAPCO) and others including the MEC for Environmental Affairs and Development Planning in the Western Cape and the Minister of Environmental Affairs and Tourism to stop Outeniqua from using tar processes to manufacture creosote on a site immediately adjacent to their neighborhoods.
The residents of the two communities have complained that emissions from the site cause them difficulties in breathing, tight chests, constant coughing, asthma, sinusitis, bronchitis, burnt and bleeding throats, stomach spasms, nausea and vomiting, blistering and peeling skin rashes, burning eyes and sensitivity to lights, headaches, dizzy spells, nosebleeds as well as cancer. They have also complained about their struggle to grow plants in the area and the unpleasant taste of food.
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What are you doing this summer? Ever thought of interning at the LRC. more
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The Legal Resources Centre is an independent, client-based, non-profit public interest law clinic which uses law as an instrument of justice. It works for the development of a fully democratic society based on the principle of substantive equality, by providing free legal services for the vulnerable and marginalised, including the poor, homeless, and landless people and communities of South Africa who suffer discrimination by reason of race, class, gender, disability or by reason of social, economic, and historical circumstances.
Inspired by our history, the Constitution, and international human rights standards, the Legal Resources Centre, both for itself and in its work, is committed to:
- Ensuring that the principles, rights, and responsibilities enshrined in our national Constitution are respected, promoted, protected, and fulfilled;
- Building respect for the rule of law and constitutional democracy;
- Enabling the vulnerable and marginalised to assert and develop their rights;
- Promoting gender and racial equality and opposing all forms of unfair discrimination;
- Contributing to the development of a human rights jurisprudence;
- Contributing to the social and economic transformation of society
Statement issued by SALAN on the current violence and electoral crisis in Zimbabwe
26 June 2008
The Southern African Legal Assistance Network (SALAN) welcomes the stance taken by the Southern African Development Community (SADC) Chairperson President Patrick Mwanawasa’s call for the postponement of the Zimbabwean Presidential run-off elections scheduled for Friday 27th June 2008, which have been characterized by widespread violence, forcing MDC Presidential candidate Morgan Tsvangirai to announce his withdrawal from the race.
SALAN joins other human rights organisations in strongly condemning the unacceptable systematic campaign of violence, obstruction and intimidation led by the Zimbabwean State Agents and ZANU PF of President Mugabe. We call upon other SADC Heads of State in the region to join President Mwanawasa in not only condemning the violence but also standing up against President Mugabe to postpone the run off elections.
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14 Apr 2008:
Minister Skweyiya keeps getting it wrong
In response to the court order by the Pretoria High Court on 19 March 2008, the Department of Social Services released a media statement, in terms of which it stated that though it respects the court order it in fact has logistical problems with implementing it.
14 Apr 2008:
20 000 Joe Slovo residents apply to appeal to the Constitutional Court
The Legal Resources Centre has applied for appeal directly to the Constitutional Court against the whole of the recent judgement and order of Judge President John Hlophe, which ordered that the occupants of the Joe Slovo informal settlement were to be evicted.
18 Mar 2008:
The Paper Chase Caser
ACESS, a coalition of organisations working on extending social security to children, will take the Department of Social Development to court on Wednesday 19th March in the Pretoria High Court. The issue is the validity of regulations which ACESS say hold children hostage to Home Affairs.
25 Feb 2008:
Plans for nuclear power stations fly in face of White Paper
ESKOM'S plans to built more nuclear power stations could be fatally flawed. Legal experts argue that Eskom has no right to carry out its present investigations into suitable sites for new nuclear plants because a White Paper says there must be extensive public consultation before a decision is made to build more nuclear power stations.
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