Daily Maverick

Veggie vigilante faces criminal record for his pavement garden

- By Michelle Banda

The wrath of the law has been unleashed on Djo BaNkuna, the Pretoria resident who grows vegetables on his pavement instead of beautifyin­g it with flowers, lawn or trees.

On 14 September the Tshwane Metro Police served BaNkuna with documents confirming his permanent criminal record on charges of intentiona­lly interferin­g with the property of the municipali­ty. BaNkuna has further been given two options:

Either he appears at the Wonderboom court on 23 November 2021; or He pays a fine of R1,500 within the next 30 days.

According to Tshwane Metro Police Department spokesman Isaac Mahamba, BaNkuna’s vegetable patch is obstructin­g a pavement that is reserved for pedestrian­s. This is per the National Road Traffic Act 93 of 1996, which regulates what is allowed on a public road reserve. Mahamba says the act is further supported by the bylaw on City Amenities in Section: 8(1)(a)(iii) – Interferin­g in any manner with the property of the municipali­ty.

“Mr Nkuna does not own this land and cannot merely decide to use it for agricultur­al purposes. It is public land which needs to be accessed by all residents in the area; their rights must be protected,” said Mahamba.

Mahamba says what further alarms them is that BaNkuna on his public Facebook posts openly bragged about “grabbing” land. He says this challenges the City of Tshwane’s effort to combat land invasions that violate the rights of citizens.

BaNkuna says he has opted to appear in court so he can defend himself.

“Whatever happens there, a Section 27(1) (b) Constituti­onal Court applicatio­n is also a reality. We must change the outlook and attitude towards food security and hunger. The road is long, but enlightenm­ent is on the horizon.

“I would have let it go if I was not fined or charged, as I hoped that this matter could have been resolved amicably,” says BaNkuna.

Like-minded food gardeners across the nation have since organised themselves to support BaNkuna.

Olivia La Grange, admin of the Djo BaNkuna Support Group, says the group is a platform to support BaNkuna, but it is also a movement to raise awareness and link people who are keen or already have food gardens, whether at home or in community spaces.

Members of the We are South Africans group are also rallying behind BaNkuna. They have declared a protest.

“We, the people of South Africa, will with immediate effect protest against our government nationwide by planting our vegetable gardens on our pavements across South Africa and where we cannot we will leave baskets of vegetables on our pavement for the poor.

“We are also calling for an immediate withdrawal of charges against Djo BaNkuna, as well as an apology from the Minister of Justice, Tshwane Metro and disciplina­ry processes for abuse of power is instituted.”

We must change the outlook and attitude towards food security

and hunger

 ??  ?? Left: Djo BaNkuna in his 32m² vegetable patch in Theresa Park, Pretoria North. He was threatened with arrest by Tshwane Metro Police officers for planting vegetables on his pavement instead of grass, flowers or trees. Bottom left: Jameson Maziofa, neighbour of Djo BaNkuna, in BaNkuna’s vegetable garden. Photos: Alet Pretorius
Left: Djo BaNkuna in his 32m² vegetable patch in Theresa Park, Pretoria North. He was threatened with arrest by Tshwane Metro Police officers for planting vegetables on his pavement instead of grass, flowers or trees. Bottom left: Jameson Maziofa, neighbour of Djo BaNkuna, in BaNkuna’s vegetable garden. Photos: Alet Pretorius
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