De Lille takes on Sisulu over money

Cape Town - Mayor Patricia de Lille has accused Human Settlements Minister Lindiwe Sisulu of politicising housing delivery by withholding funds needed for housing infrastructure, despite being told by the National Treasury to release them.

If the money is not released, several projects could come to a “screeching halt”, De Lille says.

Sisulu’s office says the City of Cape Town is not being targeted – it is withholding funds from all metropolitan municipalities because it is concerned that the money is not being used for its intended purpose.

The funds are not for the construction of homes, but to help municipalities pay for basic infrastructure.

The department was to have transferred the money last month.

De Lille said the city had asked for R50.3 million for infrastructure in anticipation of the city’s gaining accreditation that would give it more control over housing delivery.

In her latest newsletter on Sunday, De Lille lambasted Sisulu for not releasing the municipal human settlements capacity grant used to roll out projects.

The minister and department had not consulted the city and National Treasury before taking this decision, she said.

An interruption to cash flow was serious and it could bring projects to a stop. It meant the city could not pay for materials or contractors, which “means no delivery”.

“Unfortunately, in the case of Cape Town, this state of affairs may suit minister Sisulu’s agenda against our city. Indeed, since being reinstalled in this ministry after the 2014 elections, she has made two other decisions of political consequence for us,” De Lille wrote.

This was a reference to the ministerial inquiry into the Lwandle evictions and Sisulu’s stopping the accreditation process launched by her predecessor, Connie September.

“We will be engaging with stakeholders in the provincial government and the National Treasury about this decision and yes, also with the national Department of Human Settlements.”

She had written to the National Treasury, which she said had instructed the national department to release the funds or face being reported to Parliament.

“But given (the department’s) recent behaviour, and our questions regarding their commitment to service delivery, we will approach those negotiations cautiously, but armed with the knowledge that we not only have the power of the law on our side, but the mandate of the people of Cape Town.”

Sisulu’s spokesman, Ndivhuwo Mabaya, said letters of concern had been received from the City of Joburg and other municipalities that had not received the funding.

Before releasing the funds, the department wanted municipalities to provide thorough business plans and details of what they would use the money for. The department was also concerned about the quality of houses built by some municipalities. Others had failed to build enough houses.

“There have been instances in the past where this money was not used for capacity building and we are worried about that,” Mabaya said.

The decision not to transfer funds was taken by the minister in consultation with the MECs, who included Human Settlements MEC Bonginkosi Madikizela.

Referring to De Lille’s comment that projects would be brought to a halt, Mabaya said: “It is not like they won’t be able to work without the money.”

Mabaya said the department was in discussion with the South African Local Government Association, which represents the municipalities.

xolani.koyana@inl.co.za

- Cape Times

Tuynhuys among buildings in probe

Cape Town - What President Jacob Zuma failed to mention when he recently announced more Special Investigating Unit (SIU) probes, is that his own state office is one of the targets.

It has emerged that the SIU will look into the spending on 17 projects run by the national Department of Public Works, and all are in Cape Town and are believed to be part of its Prestige programme, in charge of houses for ministers in Cape Town and Pretoria, the parliamentary buildings and the Union Buildings.

Details of Prestige spending are usually kept hidden, but the SIU has been tasked – by presidential signature – to look into “any unauthorised, irregular or fruitless and wasteful expenditure” on the 17 projects since November 2007. This will include work carried out after Zuma took office in 2009.

The projects include:

* Tuynhuys, the president’s official office in Cape Town.

* Groote Schuur Estate where there are several ministers’ homes.

* Acacia Park, the parliamentary village where MPs are housed.

* 120 Plein Street, which is part of the parliamentary complex.

* The parliamentary complex.

* The Gydo residence, Oranjezicht.

* Rockyvale in Rondebosch.

* De Meule in Mowbray.

A year ago, The Star reported on the free upkeep which ministers get on their state homes – including state-funded cleaning of swimming pools and khoi ponds.

The ministers’ houses were part of a huge spending spree by the state to accommodate extra ministers in Pretoria and Cape Town following the expansion of the cabinet after the 2009 elections. At least 35 houses were bought between July 2009 and early 2011, for about R193m, excluding the cost of upgrades, furnishings and security.

At the time, The Star established that the state had bought two properties at 61 Klipper Road in Rondebosch, valued at the time at R12.8m and the Oak Avenue property in July 2009 for R5.1m. These properties are now on the list of those to be investigated.

Zuma announced the SIU probes about 10 days ago and the details were proclaimed last week.

The others are investigations into the State Information and Technology Agency (Sita), the Department of Labour and its Compensation Fund, the Department of Transport and two Limpopo municipalities, Vhembe District and Greater Tubatse Local.

The Sita probe focuses on payments made to IBM SA in terms of an agreement concluded in April last year, in a manner that was “not fair, competitive, transparent, equitable or cost-effective”, said the SIU.

The Labour and Compensation Fund investigation includes a public-private partnership agreement with Siemens Business Services, a “termination support agreement” with EOH Managed Services Public Sector, and an agreement with the Medical Services Organisation of South Africa.

The Transport investigation focuses on the extensions to the driving licence card contract and to the National Traffic Information System in a manner which was “not fair, competitive, transparent, equitable or cost effective” or was against the law.

louise. flanagan@inl.co.za

- Sunday Independent

Police ‘runaround’ on Lwandle evidence

Cape Town - The commissioners investigating the eviction of about 850 Lwandle residents charge that the police have given them the “runaround” in providing video footage filmed during the evictions.

After a week-long break, the commission was due to hear from the police on Friday about the role the police played over the two days in June when shacks were dismantled on Sanral-owned land in Nomzamo, near Lwandle.

But the hearings came to a quick close when commissioner, advocate Denzil Potgieter, scolded the police for failing to supply documents crucial to their submission – including 19 discs of SAPS video footage of the evictions in June, and earlier in February.

“The inquiry and its secretariat have been engaging with the SAPS over some time in order to obtain the video footage,” Potgieter said on Friday. “I’m informed by the secretariat that as late as yesterday (Thursday) they have been in telephonic contact with the police regarding the video footage that has just not been forthcoming. From what I understand, the secretariat was given the runaround.”

At previous sittings of the inquiry, Nomzamo residents testified about being kicked and shot at by police – something Potgieter said the police would know, given that a SAPS representative was present at the public hearings in Nomzamo last week.

There, one woman claimed the police ripped off her clothes when she tried to stop them arresting her husband, leaving her half-naked. Another said she was hit by a rubber bullet while carrying her two-month-old baby.

But on Friday the police painted an organised and above-board picture of their part in the evictions.

In a submission read out to the commission, advocate Ncumisa Mayosi said the police’s role had to be understood in the context of their obligations, namely restoring order if there was an outbreak of public violence, “as happened in Lwandle”.

“As the SAPS understood the position, the property belonged to Sanral and was occupied by about 150 illegal structures,” said Mayosi. “The sheriff of court of Strand made contact with the SAPS and requested its assistance in executing a court order (to evict the residents). The SAPS anticipated the need for crowd management.”

She said that before the first evictions from the land in February, the police had made it clear they would only help in crowd control and maintaining order, not destroying property.

When the land was re-invaded a few months later, the sheriff called on them again.

The police say that in the three planning meetings leading up to the June incident, they expressed concerns over storing of residents’ furniture, and insisted that Sanral’s contracted security company put measures in place to ensure the land would not be invaded a third time.

“It being the height of winter, the issue of the weather was discussed and whether if it rained evictions would proceed,” said Mayosi. “It was mentioned that no rain was expected on those dates.”

It rained on both days of the eviction.

The police also said they faced roads blocked with logs and burning tyres, and crowds of angry residents throwing bricks, stones and petrol bombs.

Two public order policing unit members were injured, while six members of the public were arrested for public violence on the first day of the evictions, and four on the second. They said the crowds were warned to disperse before teargas, rubber bullets and shields were used to push them back.

“It is submitted to this commission that the role played by the SAPS was strictly in accordance with assistance it was requested to provide,” read Mayosi. “In executing that assistance, the conduct of the SAPS fell in line with its obligation to maintain public order, protect persons and uphold and enforce the law.”

But without the video footage, a “bulky” last-minute affidavit submitted by one of the operational commanders only the day before, and no affidavit from the second operational commander, Potgieter said the inquiry was unable to continue.

He instructed the police to hand over all the outstanding documents and discs, and he postponed proceedings until August 26, when the police are expected to continue their submissions.

The inquiry has until the end of September to wrap up, after Human Settlements Minister Lindiwe Sisulu granted Potgieter’s request for an extension this week.

kristen.vanschie@inl.co.za

- Weekend Argus

Lindiwe Sisulu Wastes More Money On Chartered Aircraft

In a recent reply to a DA parliamentary question, the Department of Public Service and Administration revealed that former Minister, Lindiwe Sisulu, chartered two flights to Umtata in June and July of 2013 respectively.

According to the reply, the flights cost R132 569 and R146 132 respectively, totalling R278 702. South African Airways (SAA) on average has two flights available from Johannesburg to Umtata every day. The Minister could have saved the state more than R250 000 by simply flying SAA like everyone else.

I will submit further parliamentary questions as to ascertain the reasoning for chartering these flights and why the former Minister was unable to fly with SAA.

Minister Sisulu is well known for her tendency to charter private aircraft. During her tenure as Minister of Defence and Military Veterans, she spent nearly R11 million travelling on Gulfstream jets between 2009 and 2012 and spent an average of R214 466 travelling on Gulfstream jets between Cape Town and Pretoria.

According to the Ministerial Handbook, Chapter 6, section 4.2.1, members may only under exceptional circumstances arrange chartered aircraft services:

If there are time constraints in reaching the destination;

Whether the services of commercial flights are not cost-effective and/or readily available; and Health reasons.

This tendency by Minister Sisulu to charter aircraft will be rigorously monitored, as the staggering and constant abuse of public money cannot be tolerated.

We will await the Minister's explanation for these lavish flights. If she does not have reasons in line with the Ministerial handbook's regulations we will report this abuse to the Public Protector.

Joe McGluwa, Shadow Minister of Public Service and Administration

- allAfrica

SAPS Lwandle submissions postponed

Cape Town - The inquiry investigating the Lwandle evictions in Cape Town was forced to adjourn early on Friday after the SA Police Service failed to provide evidence timeously.

Advocate Ncumisa Mayosi, instructed by the state attorney on behalf of the SAPS, had given the inquiry a short summary of how they enforced public order during the removals on June 2 and June 3.

She had also handed over 19 CDs of video footage of those days and of previous evictions on the land in February, and a 20-minute video presentation.

However, inquiry chairman Denzil Potgieter was less than pleased that the footage was being handed over at a late stage.

He said the inquiry had been in contact with the police for some time to obtain the footage so there would be “meaningful interaction” when they made their submission.

“From what I understand, the secretariat was given the run around in this regard with the result that we have not set sight on the footage at all as we are sitting here.

“Practically, it means we are unable to proceed in the circumstances and the next available date to continue with the presentation of the police would be on 26 August 2014.”

The inquiry was set up by Human Settlements Minister Lindiwe Sisulu to probe the circumstances of removals of people and structures from the SA National Roads Agency Limited (Sanral) road reserve.

Mayosi said the Sheriff of the High Court had approached the public order policing (Pop) unit to help enforce and carry out an urgent court interdict granted to Sanral in January to keep people off the road reserve.

Mayosi attended the inquiry with the operational commander for June 2 Lt-Col Jimmy Lucas and two officers who had taken the video footage.

Potgieter said there were other outstanding issues that forced an adjournment.

The first was that the operational commander on the scene for June 3, Captain Andre de Graaff, had not appeared at the inquiry or submitted an affidavit.

De Graaff would only be back from leave next week. Mayosi said an affidavit would be taken from him then.

Potgieter also mentioned that he received Lucas's bulky affidavit with annexures late on Thursday afternoon and it had been impossible to read it in such a short time.

Part of this affidavit was based on documentation still in police possession.

Mayosi assured Potgieter that he would receive these documents early next week.

Sisulu recently extended the inquiry's term to September 30

because it had received numerous written submissions and requests to participate in hearings.

In a reply to a parliamentary question in June, Sisulu said commission members would be paid according to an appropriate tariff of fees determined by the National Treasury.

This meant members were paid around R2000 a day.

She said Potgieter, an advocate, was being paid a daily rate applicable for members of the Cape Bar.

- Sapa

Cops tell inquiry about eviction role

Cape Town - Police officers at the Lwandle evictions in Cape Town last month were carrying out their constitutional and statutory obligation to uphold public order, their advocate said on Friday.

Advocate Ncumisa Mayosi, instructed by the state attorney on behalf of the SA Police Service, said their role was strictly in accordance with the assistance requested by the SA National Roads Agency Limited (Sanral).

She said the Sheriff of the High Court had approached the public order policing (Pop) unit to help him enforce and carry out an urgent court interdict granted to Sanral in January to keep people off the road reserve.

“In executing that assistance, the conduct of SAPS members involved fell in line with the obligation to maintain public order, to protect and secure the persons present and to uphold and enforce the law.”

She was addressing members of an inquiry, set up by Human Settlements Minister Lindiwe Sisulu, to probe the circumstances of removals of people and structures off the land on June 2 and 3.

Mayosi was accompanied by the operational commander for June 2, Lt-Col Jimmy Lucas, and two officers who had taken video footage of the events that unfolded at that time.

The inquiry was handed 19 CDs of the footage from June and of previous evictions on the land in February.

Last week, affected residents told the inquiry how they had been mistreated and assaulted by police officers during the removals. There were also allegations that live rounds of ammunition were used to disperse the crowd.

Residents claimed they had done nothing to provoke these attacks.

Mayosi's version of events differed considerably and she said the Pop unit had gone into the area with information to suggest they would be met with violence.

As per national instruction requirements, members went in armed with body armour, a hamlet with gas mask and filter, tear gas and stun grenades and a shotgun.

“The Pop police unit was issued with rubber bullets. No live bullets were issued for use on that day or the following day,” she said.

Lucas assessed the situation on the first day (June 2) as dangerous.

“Pop unit members were confronted by angry residents throwing bricks, petrol bombs, blocking entrances to the area with tree stumps, huge drainage pipes and other materials,” she said.

Two unit members were injured.

Residents were warned in English and Xhosa to desist and disperse but they allegedly continued to throw items.

Mayosi said Lucas instructed his unit to “stabilise” the area and used shields, a water cannon, tear gas and other “crowd management manoeuvres” to maintain public order.

Six people were arrested for public violence and 80 structures were removed by the Sheriff.

On June 3, road entrances were again blocked with burning tyres and other items.

“Approximately 80 protesters were armed with sticks, knobkerries and pickaxes.”

Mayosi said they ignored instructions to disperse and threw stones.

Residents set six structures alight and a woman was arrested for arson. Four people were arrested for public violence.

She said 107 structures were demolished and 81 structures removed by the contractor.

- Sapa

Thuli Madonsela’s Wrecking Ball

Thuli Madonsela - Wrecking Ball by ZANEWS

Lwandle: Term of enquiry extended - Lindiwe Sisulu

The Honourable Lindiwe Sisulu, Minister of Human Settlements has granted the request by the Chairperson of the Enquiry to extend the term of the Enquiry to 30 September 2014.

The extension was necessitated by the large volume of written submissions received, and the extensive interest shown by stakeholders, including members of the affected community, to participate in the process.

The Ministerial Enquiry was appointed by the Minister to investigate the evictions at Nomzamo (Lwandle) in Cape Town on 2 and 3 June 2014.

The mandate of the Enquiry includes to:

(i) Investigate all the circumstances under which the evictions took place, and the history of the evictions, including the facts leading to the application for and obtaining of the court order on 24 January 2014 by SANRAL; the execution of the said court order by SANRAL; the role of the relevant Sheriff for the jurisdiction of Cape Town; the roles of the law enforcement officials of the South African Police Services, the Cape Town Metro Police and any other official of the national, provincial and local government involved and any other person;

(ii) Establish the identity of the affected members of the informal settlement community of Lwandle, how the community came to be on the land in question when there is a waiting list for the provision of housing in terms of government programmes.

(iii) Report on its investigation and findings; and

(iv) Make necessary recommendations to the Minister for consideration"

On conclusion of its work the Enquiry will submit a comprehensive report with clear recommendations to the Minister.

Statement issued by Vusi Tshose, Department of Human Settlements, August 4 2014

- Politicsweb

Public Works official fired for R60m fraud

A senior Public Works official has been fired for fraudulently paying contractors more than R60 million to renovate houses for new government ministers in 2009.

Noloyiso Ntwana, former director: prestige unit in the department, was fired for breaching the government’s procurement policy and appointing an unregistered quantity surveyor.

The charges relate to the events after Jacob Zuma became president in May 2009. As a result, houses for the new cabinet were available but needed to be renovated.

Charges against Ntwana come after an intensive investigation by the Special Investigating Unit (SIU) in 2011, which linked her to the fraud. She did not attend the disciplinary hearings.

Ntwana approached the Labour Court to try to stop charges being brought against her but failed.

Phillip Masilo, legal adviser of Public Works Minister Thulas Nxesi, confirmed that SIU evidence was used to prosecute Ntwana.

Masilo said a similar investigation is being conducted in Cape Town into the renovations of 10 ministerial houses which cost the department about R100m. “In Pretoria, the amount was approximately R63m,” Masilo said.

Ntwana faced five misconduct charges.

Mafanywa Mphage Quantity Surveyors and Project Managers were appointed as principal agent, but they were not architects; an architect was supposed to have been appointed.

Ntwana also failed to secure pre-tender estimates to prevent the state from suffering any losses or abuse during the period of renovations.

The charges further stated that Ntwana ensured the payment of professional fees to Mafanywa Mphage, who did not deserve it.

She was also charged with insubordination for allowing payments to corrupt companies, when advised against it. The State led the evidence of three officials and SIU investigator Jande van der Merwe.

Van der Merwe testified that Mafanywa Mphage was not professionally accredited to act as quantity surveyors.

Frans Johannes Potgieter, director: quantity surveying, testified that he became involved in the investigation after the state found a number of defects in the workmanship in the houses.

He said the defects were of such a nature that it “would be obvious to any other professional discipline or another person not necessarily involved in the building industry”.

Potgieter further testified that contractors were paid for just furnishing invoices.

“No architect was appointed for any of the houses in question. There were also arithmetic errors in the bills of quantities by the consultants,” he said.

He also said tender amounts were grossly inflated.

“In some of the houses, the cost was in excess of R5m – enough to build a new house.

“Some of the rates were so inflated that a particular project was definitely not value for money, and the consultant did not even prepare an estimate of any kind,” said Potgieter.

He said contractors were instructed to obtain quotations from suppliers and complete the work and costs paid without any verification.

Detailing how the state was robbed, Potgieter testified that in one case, Bhekanani Building and Construction CC invoiced the department for R149 000, stating it was for “electrical work” at a house in Centurion, without giving the breakdown of work done.

The same company also billed the department R5.4m for the renovations.

It also invoiced for blinds for the same house. Two invoices were submitted – one dated June 8, 2009 and another November 8, 2009 – for the same amount of R167 000.

Another invoice by the same company was for High Glass Air Conditioning, which was installed for R136 344, and an electric fence for R195 400.

Potgieter further testified that Ntwana approved payment of R6.5m to Maite Malatelo Business Enterprise CC for repairs and renovations for a house in Waterkloof, Pretoria, on June 7, 2010.

He further testified that Mafanywa Mphage was paid a consultancy fee of R49 636.71 for work not done on another house in Waterkloof. Potgieter also testified that Mafanywa Mphage motivated for the payment of another house in Waterkloof for more than R5.2m to Lilithalethu 41 CC. He said the amounts spent were not justified on those houses.

The presiding officer, advocate Lesego Montsho, accepted the evidence of the witnesses as it “demonstrates that the department suffered considerable financial loss running into millions of rand by paying for services that were never confirmed to have been rendered or for inflated statements of account”.

Ntwana did not respond to SMSes sent on her two cellphones. Her lawyer, Ndumiso Voyi, also failed to respond to questions e-mailed to him.

Ntwana joins a string of other officials who were fired for defrauding the government.

Masilo said the department was considering criminal and civil claims against Ntwana and various companies that benefited fraudulently in the deals.

He said Nxesi was not going to tolerate any form of corruption and misconduct because corruption robbed the state and taxpayers.

baldwin.ndaba@inl.co.za

- The Star

Transforming urban realities: the need for responsive strategies

There is a need today to rethink the attitudes and strategies with which we approach human settlements. The ongoing Lwandle inquiry, as well as the Minister of Human Settlements’ recent budget speech, indicates that South Africa finds itself at a critical juncture. Decisions about housing, informality and the rights of property owners and the urban poor will have a marked impact on the future of development in the country.

The upcoming Outcome 8 agreement will set the stage for the next five years of interventions aimed at bettering South Africans’ quality of life. As we await its final iteration, it is necessary to consider the theory of change that currently drives the actions of the Department of Human Settlements. Are the strategies for transformation proposed by the state adequate to address growing inequality, injustice and segregation in the country?

Throughout her recent budget speech the Minister of Human Settlements, Lindiwe Sisulu, outlines the goals that her department hopes to achieve in its upcoming term. The minister makes reference to Breaking New Ground, a document formally espoused in 2004 that signalled a shift in post-Apartheid housing policy. While the minister’s address is adamant about the importance of Breaking New Ground, she neglects to mention one of its most progressive provisions.

Breaking New Ground was instrumental in highlighting the value of incremental in situ informal settlement upgrading as a strategy for building safe and adequate living environments. In a recent piece in the Daily Maverick, Lauren Royston and Stuart Wilson from SERI note that informal settlement upgrading is essential for providing affordable housing at scale. The upgrading approach also recognises the need for both physical and social infrastructure. In addition to the provision of sufficient shelter and access to basic services and amenities, upgrading interventions emphasise the need for building the capacities of urban communities.

If South Africa faces, as the Minister suggests, “alarming” rates of urbanisation, then informal settlement upgrading offers a viable strategy for dealing with rapid growth and transformation. Such an approach can ensure that the basic needs of millions of urbanites are met, and that residents are empowered to engage with the state as equal partners in development.

During her previous stint in the Department of Human Settlements, the Minister was vocal about the need to eradicate informal settlements. Hopefully her omission of upgrading in the recent budget address does not point to a resurgence of this kind of language.

In neglecting informal settlement upgrading, the minister also ignores policies formulated over the last ten years. Significant paradigms shifts have occurred in the decade since the Minister first left the portfolio. In 2009 the National Housing Code instigated the Upgrading of Informal Settlements Programme to be enforced in municipalities across the country. Subsequently, the National Upgrading Support Programme was designed as an instrument to assist the Department of Human Settlements in implementing upgrading interventions. The previous Outcome 8 agreement, formalised in 2010, also made explicit reference to upgrading. The document noted that interventions focused entirely on state-driven housing provision would be insufficient to respond to the realities faced in the country's urban areas.

The value of upgrading for residents in South African cities is already evident in the work of civil society organisations. In Sheffield Road, an informal settlement in Cape Town, the Community Organisation Resources Centre supported the local community in addressing some of the community's most pressing issues through upgrading interventions. Through collaborative mapping exercises and enumerations to identify the immediate needs of residents, and through re-blocking, the community was given access to adequate water and sanitation facilities and to public space.

There are numerous other examples of upgrading projects that have resulted in safer, more accessible settlements that build, rather than erode, the well-being of residents. In South Africa spatial segregation and socio-economic inequality are not issues that will be resolved easily. It is clear, however, that the provision of housing opportunities alone will not be sufficient for building sustainable and responsive living environments. At this critical juncture, informal settlement upgrading will have to feature on the human settlements agenda.

Moreover, the creation of liveable, sustainable environments is a process that will require a concerted effort by multiple stakeholders. The minister's budget speech calls for 'all of society' to participate in the making of integrated human settlements, and yet the banking sector is the only social partner mentioned here.

By the Minister’s own admission, the language of housing delivery creates expectations and entitlements amongst South Africa’s urban poor. But if the state continues to act as sole provider of housing, then expectations and entitlements will continue to grow. This approach forces communities to wait, and to expect. And when the waiting becomes too long, what other course of action is there but for residents to demand what they have been promised?

Recent cases of land invasion as well as continuous community-based protest action should be evidence enough of the fact that residents are not passive. Rather, communities are key to the formulation and implementation of appropriate and robust development projects.

It is then, firstly, essential that the state recognises the voices of the urban poor. Secondly, it must create platforms for meaningful community participation, and become a structure that empowers residents by building their capability to improve their own living conditions. For communities to realise their role as active and equal partners in development, the state will also have to invest significant effort in building parks, recreational facilities, schools and clinics.

Organised civil society, too, has a critical role to play in meeting South Africa’s development goals. Social movements and organisations in the non-profit sector are engaged in the everyday working of urban communities and are sensitive to realities on the ground. These organisations often have access to skills, capabilities and resources that allow for effective interventions.

Over the next five years, collaboration between multiple actors with an interest in the creation of integrated and sustainable human settlements will be vital.

The current state of affairs suggests that there is a mismatch between the state’s proposed strategies for transformation and the reality faced in South African cities today. Rapid population growth coupled with housing backlogs and dwindling delivery rates make it clear that the road ahead will not be an easy one. But the challenge of human settlements can be met through responsive approaches such as in situ informal settlement upgrading, and through collaborative processes that draw on the skills of multiple partners. 

- DM

MoMA PS1's Mushroom Tower

Residents ‘given 10 minutes to pack’

Cape Town - Lwandle residents were given 10 minutes to pack up and move out of their shacks when police swept in for the second day to evict them in June, the ministerial inquiry has been told.

Sisanda Mbayimbayi, who settled on the land owned by the SA National Roads Agency (Sanral) in December last year, was one of many residents who testified at the hearing held at the Lwandle Community Hall yesterday.

She described events of the three days – in February and June – on which residents were evicted.

She said if Lwandle residents had known they were living on privately owned land, they would not have settled there.

She said the only reasons she and other backyarders had moved on to the land were that it was unfenced and there were no notice boards saying it was private property.

“When I and other people were looking for land to stay, we went to the Sanral land because there was no one. There was no notice board, there was no fence around it. It was just open. That is why we went there. None of us knew who the land belonged to.”

Mbayimbayi, a student in administrative studies, said she had moved with her 4-year-old son, Koyola, to the settlement because the backyard shack she had been sharing with her sister was overcrowded.

“I never asked if I could build there. I saw there were other people going to build shacks and decided to do the same. I chose a piece of land and lived alone with my son.”

During the first eviction on February 3, Mbayimbayi lost all her possessions.

At the time, her son was in the Eastern Cape, she said.

“We were asked to move out and our shacks were demolished. The police did not come back the next day and we went back to the land. The police did not come again and we lived on the land.”

On June 2, people were again evicted, “but it was worse than other times”.

“I woke up and saw the commotion. The police started shooting tear gas and rubber bullets in the air… they chased us during the day. At about 2pm everything stopped.”

On June 3, police were in the area again and gave residents 10 minutes to pack up and move out of their shacks, Mbayimbayi said.

Asked by inquiry member Butch Steyn why she had not packed on the afternoon of June 2, after police had stopped their action, Mbayimbayi said: “We went back to our shacks because we thought the police would not come back... But the police came again and this time they destroyed my shack with all my belongings. Some of the appliances were put on a truck and taken away”

Sisanda Konjake, who was not a Lwandle resident but saw what took place, testified: “I am disappointed with Sanral and the government. This is what the apartheid government did to us. Why is the current government doing the same?”

The inquiry panel was satisfied with the public hearings phase of the hearings, spokesman Vusi Tshose said.

Police would testify next week. The SAPS would be the last of the state organisations to testify.

The inquiry, chaired by advocate Denzil Potgieter, has until August 5 to conclude its work, but Tshose said an extension would be granted if necessary.

jason.felix@inl.co.za

- Cape Times

Eviction separated mom from son

Cape Town - A mother of four cried on Thursday as she recalled how she was separated from her son during demolitions on Sanral-owned land in Lwandle, Cape Town, last month.

Nonhlanhla Lujabe had sent one of her seven-year-old twins, a boy, to a local shop on the morning of June 3, while she got herself and other children ready for the day.

She heard a loud bang and when she looked outside, saw structures being torn down like they had been the previous day.

“When I looked around (outside), I saw there is my son crying with the haversack on his back. The police wouldn't allow him to come back,” she told an inquiry investigating the removals from SA National Roads Agency Limited (Sanral) land.

“I saw all the people are running in different areas and it was a whole chaotic situation.”

She looked back into her shack and saw one of her children standing on the bed crying.

She felt like she was suffocating and realised teargas had filtered into the structure.

“I took the one twin and put the child on my back and ran out the structure. I was running around looking for my other child and looking into the neighbour's house. Their television was playing but no one was inside the house.”

Lujabe struggled to hold back the tears when she explained how everyone was running and she could not find her son or friends.

“The painful experience... that day is still visible in my mind.”

She said the police shoved and pulled her while her child was still on her back.

She pleaded with them to allow her to remove her brand new wardrobe before they tore down her shack. They refused to listen and demolished it in front of her.

The single mother and her family had to wear the same clothes for a week.

On the night of June 3, she and other evicted shack-dwellers lit a big fire for warmth and slept outside the Nomzamo community hall because they could not get the keys.

Although hearings with residents were now complete, the inquiry would continue to take their statements.

Members of the police were expected to testify next.

- Sapa

Lwandle evictees fear for their kids

Cape Town - Residents living in a community hall for almost two months after being evicted from their homes in Lwandle, near Strand, have complained that their young children are being exposed to “disruptive” behaviour.

There are complaints that some youths are openly abusing alcohol in the Nomzamo Community Hall.

Residents were given the temporary shelter days after being evicted last month.

The Lwandle inquiry into the evictions resumes today. The inquiry was set up by Human Settlements Minister Lindiwe Sisulu to investigate the circumstances under which the eviction took place.

The scope of the inquiry includes the history of evictions in the Zola informal settlements and factors leading up to the court application by the SA National Roads Agency Limited (Sanral) to evict residents from its land.

Some of the almost 900 residents say the youths drink excessively, party late at night then fight with one another.

Resident Xoliswa Masakala said: “Some of these youngsters have been drinking in the hall and using the opportunity to drink and go crazy. There is no reason for them to drink like this. There are children here and for them to be exposed to this sort of behaviour is not good.”

Ward councillor Mbuyiselo Matha said the issue of youths drinking in the hall had been addressed.

“This issue came to my attention and we have spoken to the youths who were fighting and drinking inside the hall. This is a hall and meant for the people who were evicted, not for any other people who are disruptive,” he said.

Cape Town mayor Patricia de Lille’s spokeswoman, Pierrinne Leukes, said the the hall had meant to be a “short-term solution”.

“Almost immediately after the evictions, the City of Cape Town provided the community hall as temporary shelter. This was therefore just intended to be a short-term solution while discussions took place between the city, provincial and national government. We would like to encourage those staying in the hall to go back to the completed structures as soon as possible and to report any illegal activities taking place in the hall to the police.”

Meanwhile, work on the temporary shelters to house the 849 residents is near completion. Matha said it was still unclear when the residents would move back to their homes.

“I know there were problems with the standpipes and also some of the structures are still being built. It is still unclear how long people will have to live in the hall, but I hope it is soon because this can’t continue forever,” he said.

Statements by residents were collected last week by the commission.

Testimonies from Sanral, various NGOs and the Sheriff of the High Court were heard earlier this month. The inquiry has until Tuesday to complete its work.

jason.felix@inl.co.za

- Cape Town