Sunday, August 12, 2012

Legal aid after violent service protests

New hope for residents of Phumlani Village, near Grassy Park, has come in the form of the Southern Suburbs Legal Advice Centre (SSLAC), which has stepped in to help after violent service delivery protests in the area resulted in tense stand-offs with police.

A total of 21 people were arrested there at the end of last month, after an angry mob burnt tyres and set alight traffic lights along Strandfontein Road, causing traffic chaos. Police fired smoke and stun grenades at the crowd.

The community’s anger was directed at local DA ward councillor Shaun August, who they claimed had ignored their service delivery grievances.

Those arrested appeared in the Wynberg Magistrate’s Court charged with public violence, and were released on a warning. They will be back in court on August 29.

The advice centre, which provides free legal advice to communities, was approached by residents and asked to conduct an in loco inspection to see the poor living conditions for themselves.

Community leader Joseph Matamela told advice centre members that people were unhappy with the lack of taps in the area, which meant they walked long distances for drinking water.

“People have to live with the unbearable stench of blocked and overflowing sewage drains and no regular cleaning services.

“Furthermore, sanitation is a big problem, with people still having to use the bucket system. And where there are toilets, several households - at least 20 people - have to share one toilet,” he said.

Vera April, a crèche teacher in the area, expressed concern about hygiene, saying there were high levels of illness among youngsters.

She had a class of 65 children “who are constantly sick”.

Another resident said that when she asked council workers why refuse wasn’t collected she was told that “the community must first learn how to use the bins”.

Advice centre chairman Hishaam Mohamed, who is also head of justice in the Western Cape, said they were approached by residents regarding their poor living conditions and lack of services.

Mohamed said they had made it clear to the residents that as a human rights organisation they strongly condemned people breaking or taking the law into their own hands, and causing damage to property during protest action.

But after the walkabout he said it was clear that the women and children of Phumlani Village in particular were suffering.

“People have no decent toilets, rubbish collection is non-existent, and the effects of 24-hour shebeens are wreaking havoc in the area,” said Mohamed.

The centre’s deputy chairwoman, Matilda Smith, said police did not conduct regular patrols, and so did not monitor activities at shebeens, despite residents reporting drug activities at the illegal venues.

Mohamed, along with other members of the advice centre, inspected the area on Women’s Day this week.

The centre assured residents that their team would hold discussions with the police to address residents’ concerns about visible policing in the area.

They would also write to mayor Patricia de Lille to alert her to what they had seen in the area.

“We need to discuss the policing plan for the area, and we will be meeting the station commissioner regarding the problems highlighted by police,” Smith said, adding that they had also offered to assist and represent the residents who were arrested.“

[The centre] believes that spaces for dialogue and engagement must be created through collaborative efforts between communities, civil society, NGOs and government to ensure that the plight of the community is addressed,” she said.

The protest action was a clear sign that people were losing patience because they felt that their basic needs were not being addressed.

“We’ve also observed that people cannot continue to be given a tiny fraction of the resources and budget allocation of the city. The conditions that people are living under is in fact a human rights violation, impeding the dignity of women and children,” Smith added.

They also called on residents to discourage any form of violence and damage to property associated with service delivery protests.

“The community has promised to desist from any violence in future, or we will withdraw our services immediately.”

Smith would not, however, comment on allegations that the protest action was politically orchestrated, saying they had not encountered any evidence of this on their visit.

“We are looking at this from a human rights angle,” she said.

But Smith urged political parties not to express their differences at the expense of communities.

“The people of Phumlani have a right to demand basic services,” she said.

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