In a breakthrough in the open toilet controversy, Judge Nathan Erasmus has amended his initial interim order to allow community members to choose whether they want temporary enclosures now, or want to await a final solution in March.
The amended order means the City of Cape Town will be obligated to provide enclosed toilets only for those who opt for them.
It is a move that has been welcomed by a community leader in Makhaza, Khayelitsha, as well as by ANC Youth League member Andile Lili.
The city accused members of the community of being in contempt of court after they prevented city council workers from acting on Judge Erasmus’s initial interim order on two separate occasions.
Last month, Judge Erasmus made an order that the 65 toilets and enclosures be reinstalled as an interim measure pending a final ruling in 2011.
At the time the judge ordered that the toilets be enclosed with a corrugated-iron and timber structure, including a polyurethane door suspended on a steel bar that could be locked from the inside and the outside.
Residents, however, want the toilets to be enclosed with concrete instead, after the city initially installed open toilets.
Three residents, Ntombentsha Beja, Andile Lili and Andiswa Ncani, took the city to court to force it to replace the toilets.
But when officials from the city arrived on two separate occasions to follow through with the court order, the residents prevented them from doing so.
The toilet saga came to a head in June 2010 when the city demolished the remaining open toilets that were initially set up without any enclosures.
The destruction of the toilets led to a violent confrontation between the city and the community.
As part of his amended order, Judge Erasmus said he would also instruct police to urgently investigate the conduct of “any individual or group” in contempt of his order.
The police must also file a progress report with the court by March 7.
He also directed Lili, a community leader and ANC Youth League member, not to act in a manner that would “frustrate the implementation of the court order”.
The judge also went on to criticise Lili before addressing him directly in court.
“I can see you have some control over the community,” said Judge Erasmus.
The court had earlier viewed two DVDs of what had happened when the city arrived to reinstall the toilets.
“This is just interim relief so the people can have some measure of dignity restored. You have to do your best to act as a leader.
“But on the other hand, I will not tolerate any conduct by any person or group that will frustrate people’s access to their rights,” he said.
Earlier, the residents’ advocate, Thembalihle Sidaki, told Judge Erasmus that the reason that members of the community had prevented the city from reinstalling the toilets was because the city had “provoked” them.
“The city came into the community waving around the court order (as if to say) ‘ha, ha, ha’,” he said, adding that it created an “atmosphere of acrimony”.
Outside the court, Lili said he was “happy” with the amended order and that people could now choose whether they wanted to have the toilets installed or not.
Asked what reaction he expected to get from the community as a result, he said: “Everyone will feel very comfortable and happy with this.”
Costs of the amended order are to stand over. The matter resumes in March.
- Cape Times
The amended order means the City of Cape Town will be obligated to provide enclosed toilets only for those who opt for them.
It is a move that has been welcomed by a community leader in Makhaza, Khayelitsha, as well as by ANC Youth League member Andile Lili.
The city accused members of the community of being in contempt of court after they prevented city council workers from acting on Judge Erasmus’s initial interim order on two separate occasions.
Last month, Judge Erasmus made an order that the 65 toilets and enclosures be reinstalled as an interim measure pending a final ruling in 2011.
At the time the judge ordered that the toilets be enclosed with a corrugated-iron and timber structure, including a polyurethane door suspended on a steel bar that could be locked from the inside and the outside.
Residents, however, want the toilets to be enclosed with concrete instead, after the city initially installed open toilets.
Three residents, Ntombentsha Beja, Andile Lili and Andiswa Ncani, took the city to court to force it to replace the toilets.
But when officials from the city arrived on two separate occasions to follow through with the court order, the residents prevented them from doing so.
The toilet saga came to a head in June 2010 when the city demolished the remaining open toilets that were initially set up without any enclosures.
The destruction of the toilets led to a violent confrontation between the city and the community.
As part of his amended order, Judge Erasmus said he would also instruct police to urgently investigate the conduct of “any individual or group” in contempt of his order.
The police must also file a progress report with the court by March 7.
He also directed Lili, a community leader and ANC Youth League member, not to act in a manner that would “frustrate the implementation of the court order”.
The judge also went on to criticise Lili before addressing him directly in court.
“I can see you have some control over the community,” said Judge Erasmus.
The court had earlier viewed two DVDs of what had happened when the city arrived to reinstall the toilets.
“This is just interim relief so the people can have some measure of dignity restored. You have to do your best to act as a leader.
“But on the other hand, I will not tolerate any conduct by any person or group that will frustrate people’s access to their rights,” he said.
Earlier, the residents’ advocate, Thembalihle Sidaki, told Judge Erasmus that the reason that members of the community had prevented the city from reinstalling the toilets was because the city had “provoked” them.
“The city came into the community waving around the court order (as if to say) ‘ha, ha, ha’,” he said, adding that it created an “atmosphere of acrimony”.
Outside the court, Lili said he was “happy” with the amended order and that people could now choose whether they wanted to have the toilets installed or not.
Asked what reaction he expected to get from the community as a result, he said: “Everyone will feel very comfortable and happy with this.”
Costs of the amended order are to stand over. The matter resumes in March.
- Cape Times
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