City law enforcement officers investigated for alleged assault of informal residents

THE City's law enforcement officers are being investigated for alleged assault with the intent to do grievous bodily harm, relating to their treatment of residents as they demolished shacks erected by destitute eThembeni Informal Settlement inhabitants in Khayelitsha.

The residents said they were being “terrorised” by the City, which demolished about three homes last week.

Community leader Vuyani Madikane said: “They came and shot us here. They did not even talk to us first and we have a court order.

“When we asked them for a court order the officials said they are the court themselves. They shot me in my front parts, the doctor took it out, it was iron. They also shot a small girl in front of their house. The mother of the girl is going to open a case today,” said Madikane.

He added that one of the demolished shacks belonged to a woman whose house had burned down.

“The shack they demolished was one we, as the community, found as a donation for her. Now she has nowhere to go and the City did not even return the materials,” said Madikane.

Police said they were investigating Madikane's alleged assault.

“The complainant in this case has opened a case of assault with the intent to do grievous bodily harm on Friday, August 27, 2021, against law enforcement officers,” said SAPS spokesperson Captain FC van Wyk.

“This comes after law enforcement had demolished shacks that were erected illegally in Ethembeni Informal Settlement, in Harare, Khayelitsha.

“The complainant alleged that he was assaulted by law enforcement officers during this ordeal. The case is being investigated by Harare SAPS detectives,” said Van Wyk.

Good Party secretary-general and mayoral candidate Brett Herron met with the community at the weekend.

“The City's mindset is that these people who settle on land are criminals, but the urbanisation rate is quite high, and every human being needs a place to sleep at night.

“If you don't plan for urbanisation, people will make their own plan.

“They are terrorising this community – to scare them instead of finding solutions,” said Herron.

The City said it had conveyed to residents that the area was in a water retention pond, designed to catch water, and was not fit for human habitation.

“The City acted to prevent the unlawful occupation of land, within the parameters of the law.

“The City must act to prevent health and safety risks. The City does not condone violent attacks against its staff trying to perform their duties,” said the City.

In a separate matter, the City returned tents to 21 residents who were evicted from a piece of vacant land next to the Green Point Tennis Club.

Ndifuna Ukwazi law clinic, representing the group, said the return of their belongings was brokered by the parties as an “interim measure” before the matter would be heard in court on Tuesday.

“Most of the residents are still there, some residents have left. After the raid, having no shelter for the evening, some went into the mountain and some were accommodated by acquaintances around the city.

“While our clients are glad that their tents have been returned, it is clear that the City will continue to harass and illegally evict occupants living in tents and makeshift structures, throughout the City, until ordered by a court to cease this senseless displacement,” said the law clinic.

The City said they could not provide further comment on the matter, as it is sub judice.