Cape Town - The spotlight at the Lwandle ministerial commission of inquiry has fallen on the dignity of evictees, with NGOs and the SA Human Rights Commission (SAHRC) calling for changes to the law.
Commissioner Mohamed Ameermia said: “Sheriffs of the court and assisting police should treat evictees with dignity and respect at all times.
There should also be no unreasonable damage to property. We have got to look at evictions in a humane way.”
Human Settlements Minister Lindiwe Sisulu set up the inquiry to probe the forced removals from a SA National Roads Agency Limited road reserve on June 2 and 3.
The road reserve has to be kept clear for the possible rerouting of the N2 national freeway.
NGOs and rights group have until Monday to make written submissions.
The SAHRC submitted a report with its recommendations to the inquiry. It said it was occupied with its own inquiry and reserved its rights.
Of the few recommendations screened at a presentation, the SAHRC said communities should be evicted only on the grounds of a court order that considered “all relevant” circumstances at the planned time of the eviction.
To the sheriffs, the SAHRC recommended:
- That they act within their code of conduct.
- Should at all times treat people with dignity and respect, and prevent causing damage to property.
- Be more accessible to the public.
Ameermia said evictions could only take place on the basis of a court order and had to abide by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
Evictees should be given the opportunity to be involved in the resolution of the dispute.
“Plans should be made for alternative accommodation,” he said.
Lwandle evictees were forced to find shelter in the Nomzamo community hall.
Just over 300 people were still living in the hall three months after the eviction, inquiry chairman Denzil Potgieter said on Wednesday.
The inquiry previously heard that people would be moved back to the land they were evicted from.
Sanitation and basic services were being provided.
After visiting the land recently, the inquiry found that 483 temporary structures had been erected and the majority were occupied.
Meanwhile, National Association of Democratic Law-yers chairman Joey Moses told the inquiry the court order that Sanral used to remove people and structures from its land was unconstitutional. He said the order obtained on January 24 was addressed to people intending to occupy the land, clearly excluding those who had already established their homes there.
jason.felix@inl.co.za
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