Monday, December 31, 2007

Backyard dwellers confident of court victory

IT will be an uneasy New Year for the hundreds of backyard dwellers who are to find out on Thursday whether they are to be evicted from the N2 Gateway houses they occupied illegally earlier this month.

"We celebrated Christmas here. We celebrated Eid here and we will be here for New Year, too," said one backyard dweller, who asked not to be named.

"We believe we will win this time."

The backyard dwellers, from Delft, Belhar, Elsies River and Bonteheuwel, moved into the unfinished homes about two weeks ago.

Many claimed they had been on the housing waiting list and had all the papers needed to qualify for a home. It was alleged that DA councillor Frank Martin gave the backyard dwellers the green light to occupy the homes.

Thubelisha Homes, the N2 Gateway developer, was instructed by the national Housing Department to evict illegal occupants immediately.

Construction of the houses, earmarked for beneficiaries from Joe Slovo in Langa, is to resume on January 7.

The backyard dwellers, represented by the Anti-Eviction Campaign, were given a reprieve just before Christmas when the Cape High Court granted an interim order halting all evictions.

But they will find out on Thursday whether the evictions will be stopped permanently when the Cape High Court gives its final ruling.

Ashraf Cassiem, of the Anti-Eviction Campaign, said the Housing Department had used an outdated 1996 eviction order to remove people from the houses.

Residents were now considering taking action against the police for unlawful arrest, he said.

Meanwhile, the illegal residents of the unfinished houses are confident they will be able to say they are homeowners on Thursday.

Barbara Davids, who is sharing a house with her children and grandchildren, said the backyarders would win this battle.

"People have been waiting for 12 years on the waiting list. When is it going to be our turn? The people from Joe Slovo do not want to move here."

Like her neighbours, Hendricks has hardly any furniture in her house. There is just a mattress on the floor, a few items of clothing and a bucket in the bathroom.

This is in case the police come to evict them, Hendricks explains. Her daughters say they will not move again.

"We have all the proper papers and we are on the waiting list."

Most of the houses do not have doors or windows and the backyard dwellers have used roof tiles to plug the gaps.

Rodney Fester has only a red slip of fabric for a door and no possessions, yet he has protected "his" house by piling tiles in his doorway.

There are no amenities. People use communal taps for water and the bucket system is the only form of sanitation.

But for many of them, these hardships pale next to their desire to have a house.

"It's not about luxury - it is about having a roof over our heads," said one.

"We want this so badly that we are prepared to live in half-empty houses."

Many of the illegal occupants have asserted their rights by painting their names on the walls of their houses. One resident has inscribed "legal" on a house.

Security officers in bright bibs patrol the area, making sure that no more families move in before Thursday's high court decision. - Cape Times

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