Court battle looms over District Six restitution
Working committee launches application at Land Claims Court
ACOURT battle between the District Six Working Committee and the department of Rural Development and Land Reform is looming after the committee filed a court application against the department’s failure to provide restitution to District Six claimants since 1998.
The application was lodged two weeks ago at the Land Claims court in Randburg, Joburg.
“We have engaged with the government, seeking redress for the victims of the removals. However our engagement with them was effectively unfruitful,” lawfirm Norton Rose Fulbright director Nicki Van’t Riet said.
She said since they had been briefed a year ago, at least 13 elderly claimants had died without seeing restitution.
The committee is representing 969 claimants and the respondents are 22 listed; 70 of the claimants are elderly with the oldest already in her nineties.
Van’t Riet said they were informed of 2 670 claims that had been lodged with the Land Reform commission by 1998.
Some 1 380 verified 1998 claimants had agreed to be financially compensated; 1 216 opted for the land, where in 2000 the government undertook to provide them with homes. To date only 139 units have been completed and a further 108 residential units are still under construction.
“Those 969 claimants are 80% of claimants who were promised homes 20 years ago. (The department) haven’t provided restitution neither do they have a plan in place to provide restitution after the Phase 3 development is finalised,” Van’t Riet said.
In court papers it’s stated that the national government and the commission have an obligation in terms of the constitution to fulfill the Bill of Rights. One of those rights is the right to restitution.
“Government is in breach of its constitutional obligations, including an obligation that the city (coumcil) and the premier undertook 17 years ago. This court application seeks an end to the breach to ensure restitution takes place,” Van’t Riet said.
The committee is seeking two forms of relief. It seeks declaratory relief, which is to provide restitution to the claimants who lodged valid claims by December 31, 1998. It also wants mandatory relief, and for the department and the commission to provide details of funding and budgeting and progress reports.
Van’t Riet said the department had until yesterday to respond to the court papers.
The committee has hailed this as a victory.
“This means so much for us as a committee because finally justice can be served.
“This is a victory because the committee has worked five hard years to create a platform for social cohesion,” said District Six Working Committee chairperson Shaheed Ajam.
Department of Rural Development and Land Reform spokesperson Vuyani Nkasayi said: “We have been served with those court papers and it will go through our legal processes.
“We will also be looking into this matter and we will follow the legal process.”