Photos of Symphony Way at the High Court

Symphony Way wins reprieve despite City’s efforts to undermine our right to a fair trial

9 June 2009

The Symphony Way Pavement Dwellers have won their first battle in the quest for adequate decent public housing.

Symphony Way residents celebrate at the High Court (more photos)

We have said publicly, over and over again, that: we do not want to occupy Symphony Way. We will gladly move if we are permitted to move to houses which are safe, clean, and adequate to our families’ needs.

But Blikkiesdorp is not a community with houses but a community with blikkies (tin can shacks). It is not adequate, nor is it clean or safe.

We thank the Honorable High Court for a rare instance where the courts have actually upheld the Constitution of this country in support of the poor. The Judge Jake Moloi noted that one cannot overlook Section 34 of the South African Constitution which states that:

Media: ‘Pavement dwellers’ case delayed

March 20, 2009 Edition 2
Staff Reporter

Source: Cape Argus

The City of Cape Town has asked the Cape High Court for a postponement to allow families living on the pavement in Symphony Way in Delft to secure legal representation.

The two sides, with the the pavement dwellers referred to as the “persons who presently unlawfully occupy erf 5908, portion 12, Cape Town” and represented by Delft resident Ashraf Cassiem, faced off today over their occupation of city property.

Friday 20th of March: Photos of Symphony Way High Court

Eviction Postponed until the 9th of June!!!

Click here for the 20 March press release.

Asiyi eBlikkies Asiyi!!!

2008_03_20 Symphony Way residents at the high court

2008_03_20 Broken promises

2009_03_20 Party politics is not for us

Email us for higher resolution photographs

Symphony Way Granted Temporary Reprieve; Eviction Postponed in High Court

Delft Anti-Eviction Campaign Press Release
20 March, 2009

Click here for photos

(See end of release for information on the Judge’s order)

Residents of Symphony Way won a temporary reprieve from forcible eviction in the Cape High Court today.

Families gathered on the steps of the court, carrying signs that read: “We need houses for our kids,” and “Give us what is rightfully ours!!! Houses!!!”

The City of Cape Town is seeking the removal of 127 families from self-made shacks to tin, emergency shelters in the Delft Temporary Relocation Area, known as ‘Blikkiesdorp’ (Tin-Can Town).

The families said they will not go to Blikkies: “We will only move when we get keys to proper houses.”

Justice Joubert, whom residents noted was fair and considerate, ordered a postponement for 9 June 2009.  The state attorney requested that the community be given a considerably shorter period of three weeks to prepare their case.

AEC Chairperson, Ashraf Cassim, represented Symphony Way in court.  Cassim explained to the judge that residents needed time to raise funds and secure appropriate legal representation.

Cassim also informed the court that numerous advocates acting on a pro bono basis through the Law Society had previously represented the state.  The judge questioned the state advocate on this point, noting that it presented a potential conflict of interest.

About postponement, Evelyn, a Symphony resident, said, “Today’s answer gives us strength and gives us hope.  We must believe in ourselves.”

Media: Pavement dwellers fight eviction

Chantall Presence | 3/10/2009 9:24:10 AM

Source: Eyewitness News

Delft pavement dwellers say that they will represent themselves in the Cape High Court next week if they have to in order to prevent eviction.

The group of former backyard dwellers filed a notice on Monday to oppose an application by the city to evict them from the Symphony Way sidewalk.

Over 100 families erected structures on the pavement last year, demanding accommodation in the N2 Gateway Housing Project.

The Anti-Eviction Campaign’s Ashraf Cassiem said if the city succeeded in relocating them, it would be their second eviction.

Cassiem said residents wanted formal housing and not temporary structures being offered at a nearby site nicknamed Blikkiesdorp.

SECOND EVICTION APPLICATION FOR THE DELFT SYMPHONY RESIDENTS

Delft Anti-Eviction Campaign Press Release

19 March, 2009

We, the Delft Symphony Residents received an application of eviction from the City of Cape Town. We must appear in the High Court on the 20th of March of 2009 at 10h00. On the 9th of March of 2009 we went to advocates in town, Cliffe, Dekke, Hofmeyr, Number 11, Buitengracht Street, Cape Town, and to the Cape High Court to hand in our notice of intention to defend. We are disgusted that we are about to be evicted for the second time and political parties are trying to use us for their own good. The state and parastatals are playing games with our children’s future and our dignity as South African citizens.

Down with the government and the party system. To hell with Helen Zille and her stooges. Because of this mayor we are being evicted for the second time. We will fight to the end and we will stick to our only hope, which is “No Land, No House, No Vote.” We will fight to the end. We are indigenous South African people. Our children and we have a right to a home.

We will meet tomorrow morning, March 20, 2009, at 8h30 at the Gardens in downtown Cape Town and then proceed from there to the Cape Town High Court.

We will show that we are people tomorrow morning. We are bringing our children and we are fighting for their future.

Contact: Ashraf Cassiem 0761861408

Legal Support needed for Symphony Way Pavement Dwellers

Hi there comrades!

For the 2^nd time, Symphony Way residents are facing evictions.

Our children can’t go through another forced eviction – they have been traumatised too many times by the police. Every time the police or law enforcement arrive, our children run to their homes for cover because they fear the rubber bullets and pepper spray.

A few days ago, between 20-30 police vans escorted the sheriff of the court to deliver to us an application for eviction. They could have done it in a more civil way. We are people living here and not animals. While the sheriff could have spoken to us and delivered the notices in peace, instead, he decided to traumatise our children once again.

As poor pavement dwellers fighting against the bad government that seeks to hide us in concentration camps, we need your support. We ask for your solidarity when we go to the Cape High Court on the 20^th of March 2009 at 10h00.

We also also ask for your help securing financial support for an attorney and advocate.

Each resident is contributing towards legal help but because we are poor, we cannot pay the exorbitant legal costs of such a landmark case. Any help, especially finding or funding an attorney to take on the case, would be appreciated.

Amandla! Qina Mhlali! Asiyi eBlikkies!

The Delft Anti-Eviction Campaign
Chairperson Jane Roberts
0784031302 or 0793051066

Media: Shelter for the poor in landmark eviction ruling

by Stuart Wilson

Source: Business Day

THE days of quick and easy money for property investors in the inner city may be over. The Johannesburg High Court recently handed down judgment in the case of Blue Moonlight Properties 39 versus the occupiers of Saratoga Avenue and another.

Judge Thokozile Masipa held that the High Court could not consider an application for the eviction of 80 desperately poor people living in disused warehouses and workshops in Saratoga Avenue, Berea. It could decide on the application only after the city of Johannesburg had reported to the court what it would do to rehouse the occupiers and when such action would be taken.

Solidarity: APF outraged over Western Cape Court sentencing of leading activists to one year in prison

Update: AEC was able to raise funds from within the community and from various well-wishers.  They are now in the process of appealing the conviction in Cape Town High Court.

Anti Privatisation Forum Press Statement

7 July 2008

The Anti Eviction Campaign is under attack in the Western Cape. Magistrate Van Graan sentenced two leading members of the Delft-Symphony Way settlement, Jerome Daniels and Riedwaan Isaacs, to a year in prison. The Anti Privatisation Forum cannot doubt the report from the AEC that the magistrate
made a politically motivated judgement in wanting to teach the AEC a lesson. He was not shy in his conduct and his judgement to emphasise the ties of the defendants to the organisation. Being a member of an organisation of the poor is incriminating enough for these hawks.