The Herald (South Africa)

Eviction debacle shows Cape Town’s lack of empathy

- CAROL PATON ● Paton is editor at large, Business Day

Cape Town, we have a problem. Yes, all of SA’s cities have large numbers of people living in informal settlement­s, and of them Cape Town is not the worst.

About 19% of Cape Town’s 1.8-million households live in shacks, not quite as bad as Johannesbu­rg, where the proportion is 21.7%.

All cities are also subject to continuous and ongoing land invasions to the extent that each one has “an anti-land invasion unit” to act swiftly against unlawful occupiers and remove their structures.

Johannesbu­rg has what is in effect a private army — the notorious Red Ants — whose modus operandi is more akin to a battalion going into battle than a modern law enforcemen­t body.

But in Cape Town, thousands of households live in backyards, paying substantia­l rents to the owners, contributi­ng to huge pressure for land to settle on.

There have been 209 attempted land invasions since January 2019.

Most public land in the city is not owned by the metro council but by the national government and the city has not been able to get these released for residentia­l developmen­t.

There is also a horrible history of “coloured preference” in housing and other opportunit­ies, which lingers on in toxic race relations and divided communitie­s.

But even with these additional constraint­s, it is hard to escape the conclusion that Cape Town is less empathetic to the plight of its poor people, as the obscene treatment of Khayelitsh­a resident Bulelani Qholani showed last week.

Having lost his job and been evicted from his backyard shack, Qholani sought to erect a new home on a piece of open land, on which there were already several informal structures.

What he may or may not have known — there is no noticeboar­d up on the site — is that the land has been earmarked for a large bulk water infrastruc­ture project by the city, which is essential to expanding Khayelitsh­a’s water supply.

The existing structures on the land belonged to early occupiers the city had tried to evict in April, but failed after a court ordered a stop to the proceeding­s.

The court order stated that those who were there could remain until the end of the lockdown, after which the city would need to follow the normal eviction procedure.

This gave the city comfort that it could legally remove any more occupiers — an interpreta­tion with which the Legal Resources Centre disagrees.

It believes a court order must first be obtained.

Qholani, along with four other households, arrived nearly three months later. Shortly afterwards — he says 14 days; the city says two at most — the city arrived to remove him, claiming this was not an eviction (prohibited during the lockdown) but a land invasion and therefore a legal removal.

Though the city has appointed an independen­t firm to investigat­e the incident, it has also at every opportunit­y given its own version, which is that Qholani orchestrat­ed his naked confrontat­ion.

Mayor Dan Plato and righthand man JP Smith say video footage shows Qholani fully dressed and interactin­g with officials before disappeari­ng into his shack and re-emerging naked.

Qholani’s account is that he had stripped down to have a bucket bath when the antiland invasion unit pulled him out of his house.

But whether this was a political ploy by Qholani or not makes little difference to the indignity he suffered as law enforcemen­t officials manhandled him and ripped down the shack.

It also makes little difference to whether the officials behaved correctly.

In some ways, as Thuli Madonsela pointed out on Twitter, it is worse that Qholani felt he had to resort to stripping naked to avoid eviction.

Evictions, say UN guidelines, should not be carried out in a manner that violates dignity, uses excessive force or in inclement weather.

These principles also apply in the normal course of law enforcemen­t. But they are not principles with which the city’s anti-land invasion unit or public representa­tives are familiar.

Three weeks ago, as a bitter cold front swept through Cape Town, the unit brought down structures in Hout Bay, claiming they were “unoccupied structures” and could be legally removed.

And in the Qholani case, a WhatsApp chat between officials and councillor­s has an official stating that the illegal structure “needs to be demolished, naked man or no naked man”, and mayoral executive member Malusi Booi replying “yes”.

At a parliament­ary hearing held by the portfolio committee on co-operative governance and traditiona­l affairs on Friday, Plato was adamant that the city’s eviction policies did not amount to “a war against the black man”, as MPs claimed.

“If I hated black people, I would never have visited any black area. I have got a lot of black friends,” he told them in an ingenuous tone. — BusinessLI­VE

 ?? Picture: ESA ALEXANDER ?? UNDIGNIFIE­D
TREATMENT:
Bulelani Qholani opened a case against the City of Cape Town after a video of him being dragged naked out of his shack went viral
Picture: ESA ALEXANDER UNDIGNIFIE­D TREATMENT: Bulelani Qholani opened a case against the City of Cape Town after a video of him being dragged naked out of his shack went viral
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