Fighting land invaders... and ‘unwanted’ politicians
POLITICIANS who want the “glory for the victory of others”, beware!
That’s the warning from the lawyer of well-known Chatsworth community activist Omi Nair, who has successfully fended off a protection order based on accusations of harassment, that was brought against her by DA bigwig Sharon Hoosen.
In a move that Hoosen, a former ward councillor who recently took a seat in the KwaZulu-Natal Legislature found “astonishing”, a Chatsworth magistrate has denied her application.
Nair, of Crossmoor, was accused of harassment in April last year while the community was fighting off land invaders.
She said land invasion had become rife in her area and she, along with other residents, law enforcement officials, the City and the ward’s councillor, Sibusiso Khwela, had been battling off invaders for days before Hoosen entered the picture – literally.
“She would come in, take pictures and leave. When we were fighting land invasion, the community got together, formed a watch and took turns on watch.
“We put money together to buy tools worth R13 000 and paid R11 000 for tree felling, so we could clean the area to prevent invasions taking place,” explained Nair.
“But she would come take a picture of (herself) in front of the people working and post that it’s all because of her efforts.
“I am a community person, we collected money, I was liable for everything, and when she posted stuff, I was being held to answer people’s questions.”
On April 12 last year, Hoosen obtained a protection order against Nair. She said in an affidavit that she, her PA and sister had gone to the ward a few days earlier to conduct a site inspection.
“Whilst at the site, I was approached by Omi Nair and several other Indian males and females, who surrounded me and began raising their voices demanding that I leave. Omi Nair, who is known to me, asked me what I was doing on her street, and I told her that I was there in my official capacity as a representative. Omi told me, ‘You better leave, before we attack you’.”
Hoosen further stated that Nair continued to shout and swore at her.
In opposing papers, Nair said: “The crowd of citizens started to voice their resentment towards her, and it was then that I suggested to her to leave, primarily for her safety. Her sister also asked her to leave the area as it was now becoming volatile, as members of the public itself were witnessing the issue of the applicant being stubborn, and wanting to argue and demonstrate that her presence was required, yet she was unwanted in the area.”
Nair’s attorney, Vicke Persadh, said harassment is defined as engaging in a “pattern of conduct” that induces the fear of harm to a complainant.
“The magistrate commented and agreed with the defence that this incident was the first and only interaction with the applicant. It is blatantly clear that the applicant knew full well what her intention was for resorting to bringing this interdict. The magistrate agreed that our version was more probable.”
Persadh said he saw the victory as a “slap in the face of politicians and alike who want the glory for the victory of others”.
“This is a typical David versus Goliath, where the members of the community rallied together to ward off invasion on land.
“It is noteworthy that, to date, none of the DA representatives intervened in the allegations of their member, yet election time, the bells come ringing like it’s Christmas.”
Hoosen told POST she had brought the application against supporters of the ANC who tried to prevent her from exposing the “ANC’s weakness and failures” in respect of crime prevention in Chatsworth.
“The community of Chatsworth are daily victims of crime simply because there are insufficient resources allocated to the area to prevent land invasions, hijacking and other serious crimes,” she said. “These people do not want me to tell the communities the truth about the causes of the high crime rate in Chatsworth.
“When I went out to conduct an inspection of crime prevention in the area, I discovered that the police were absent. This was simply not acceptable.”
Hoosen claimed ANC supporters then attempted to assault and intimidate her “because they tried to prevent the truth from being exposed”.
“Although I did not succeed in the application, I have to respect the outcome. However, I find it astonishing that Magistrate PN Htlabati came to a different conclusion,” she said.
“I am consulting with advocates with the intention of appealing the matter in the Durban High Court.”