In an unprecedented legal manoeuvre, the South African Human Rights Commission (SAHRC) has approached the judge president of the Cape High Court and offered to mediate in an eviction dispute involving about 3 000 families.
”The case relates to a number of important issues that include the implementation of socio-economic rights, in particular the rights to dignity and housing,” said SAHRC Western Cape co-ordinator Ashraf Mahomed.
Mahomed said other issues the case touched on were the housing obligations of the various spheres of government; possible violation of human rights through evictions; and the question of suitable alternative accommodation and/or land for people in ”desperate situations”.
The South African Rail Commuter Corporation, a parastatal, wants to evict the 3 000 families from a rail reserve in Khayelitsha between Nolungile and Nonqubela stations.
The Legal Resources Centre, representing the affected persons occupying the railway land, have agreed in principle to the mediation. Attorneys for the South African Rail Commuter Corporation however say they have advised their client there was ”no legal basis” for the proposed mediation by the judge president under the auspices of the commission. They say such mediation could be inconsistent with the constitutional role and independence of the judiciary and the commission.
Notwithstanding this, Mahomed said the commission remained committed to this process. He said the commission wanted to promote respect for the rights to housing and property, and to avoid any violation of human rights in general.
According to Mahomed, the commission was concerned about the social and economic consequences arising from evictions, where no provision was made for people in dire situations.
”The courts play a particular role, but the issue of evictions also needs a political solution… in almost all cases the buck stops at local authorities and if they don’t have a policy dealing with vulnerable groups then they are in danger of violating
fundamental rights of our constitution.”
He said the Constitutional Court ruling in 2000 about the Irene Grootboom informal settlement near Wallacedene, Cape Town, made it clear that government ”had to deliver” on socio-economic rights. In a unanimous judgment the court ruled that the Constitution obliged the State to act positively to lessen the plight ”of the hundreds of thousands of people living in deplorable conditions throughout the country”.
However, Mahomed said despite a clear legal framework, ”we need to see that laws and judgments are translated into policy, and not only the formulation of policy but the implementation of policy. We haven’t seen this done effectively yet around housing issues, particularly in relation to the vulnerable groups of people — the
aged, children, disabled and female heads of household,” he said, adding that insufficient resources and lack of capacity were the usual reasons given for non-implementation.
He said the commission was trying to encourage responsible government and only had two months to try and get all stakeholders to agree to mediation, before the trial begins in September.
Meanwhile the lawyers for the three spheres of government said they would only know on late on Monday what their decision would be. – Sapa