T HE Constitutional Court order allowing the eviction of 20 000 Joe Slovo shack dwellers under strict conditions has been hailed by the Department of Human Settlements as "ground-breaking".

Five justices of the Constitutional Court handed down yesterday`s judgment, which allows the eviction of the Langa, Cape Town, informal settlement residents, but insists that they be given proper, alternative accommodation.

The court ruled that 70 percent of the current and former residents should be accommodated at any future new low-cost housing development at the N2 Gateway. Thubelisha Homes and the Human Settlements Ministry had earlier indicated that more than 1 500 of "Building New Ground" houses would be made available for residents.

The national government, Thubelisha Homes and the MEC for Housing have also been ordered to cover 50 percent of the costs.Families still living in Joe Slovo would be moved to temporary residential units in Delft, according to a "time plan" set out by Thubelisha Homes.

The court also ordered that the applicants and respondents reach agreement on the start of relocations to Delft. Both parties have been given until June 30 to agree on the start of the relocation process.

"This ground-breaking judgment allows the government to plan better and to fast-track the building of integrated human settlements across the country and to work in an organised manner towards the achieve¬ment of a South Africa free of slums and informal settlements," said Itumeleng Kotsoane, director-general of the department.

He said the housing development agency and government officials would work closely with evicted communities to ensure their new temporary homes had all the basic amenities.

"As government, we must ensure that clinics and creches are there, children must go to school and disruptions to people`s lives are minimised," Kotsoane said.

The general manager of the government`s N2 Gateway housing project, Prince Xhanti Sig-cawu, said the judgment was good news for both parties.

"A better life beckons for the people of Joe Slovo informal settle¬ment. The highest court in the land has pronounced its judgment, and the biggest winners are the families who will soon put the misery of shack dwelling behind them...

"We are mindful of the fact that temporary relocations pose tempo¬rary inconveniences for the people, and will continue the measures already in place to minimise disruption and uncertainty."

The case relates to an eviction order granted by the. Cape High Court in March to allow the national government to build formal houses under its N2 Gateway project.
But the residents of Joe Slovo informal settle¬ment appealed to the Constitutional Court, saying they were legally living on that land.

QUINTON MTYALA AND SAPA