Mirugi-Mukundi presents a paper on Lwandle’s mass evictions

A researcher for the Socio-Economic Rights Project at the Community Law Centre, Gladys Mirugi-Mukundi participated in the Lwandle Commission of Inquiry by way of presentation of a paper on mass evictions and illegal occupation of land. The paper titled: Evictions in South Africa: Relevant International Standards follows the submission made by Community Law Centre to the Lwandle Commission of Inquiry.

It had a specific reference to the controversial forced evictions of the community in Nomzamo informal settlement in Lwandle Strand from land owned by the South African National Roads Agency (SANRAL) on 2 and 3 June 2014.

Mirugi-Mukundi focused on obligation to realise the right to adequate housing as laid out in the national and international human rights law. According to her since South Africa has a range of obligations in terms of international human rights treaties and documents that guarantee the right to against forced evictions, it is important first to consider the relevant international law documents. Section 39 of the South African Constitution requires that when interpreting the Bill of Rights, a parliament, a court, tribunal or forum; must promote the values that underlie an open and democratic society based on human dignity, equality and freedom and must consider international law.

The Lwadle evictions carried out during the Cape Town winter chill caused a public outcry as they left hundreds destitute and many lost their personal possessions. Following the eviction of the community of Lwandle, on 2 and 3 June 2014, the Honourable Minister of Human Settlements, Lindiwe Sisulu established a Ministerial Enquiry that among others has to investigate the circumstances under which the evictions occurred and make necessary recommendations for policy and legislative review and relating to improvements in effecting mass evictions. Since it was set-up, the Lwandle Commission of Inquiry has been receiving oral and written statements from the public.

Section 26(3) of the Constitution rules against arbitrary evictions. Further, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (PIE) as the primary legislation governing the eviction of unlawful occupiers from their homes, gives effect to section 26(3) of the Constitution. It lays out the procedures of evictions. Further, several emerging principles on the procedures of carrying evictions have emerged from the courts.

The Lwandle evictions are symptomatic of a broader issue, the growing housing crisis in South Africa. It is hoped that the outcomes of this enquiry will be informative to the continued quest to find solutions to the housing challenges in our country.