Modderklip judgment welcomed
13/May/2005 23:18 - (SA)


Philip de Bruin

Johannesburg [South Africa] - A full bench of judges of the Constitutional Court on Friday issued a clear warning to the state that it could not sit back with folded hands and not concern itself with its constitutional duty to assist a member of the public with a serious problem, in this case, thousands of illegal squatters.

"Squatting on this scale is a threat to more than an individual's rights. It is a threat to peace and stability. Neglect on the part of the State to assist is a recipe for anarchy," said Judge Pius Langa, chief justice elect, in the judgment he delivered on behalf of the full bench.

The judgment was widely welcomed on Friday. The Constitutional Court ordered that about 70 000 squatters on the farm Modderklip on the East Rand be moved to other land, or that the land be bought from the owner of the farm, Braam Duvenage's company Modderklip Boerdery.

Furthermore, the State must pay damages to Duvenage for the five years in which he fought in various courts to get the state to help him cope with the squatter problem.

The judges strongly criticised the State for wanting to shift the problem on to Duvenage. "It was unreasonable of the State simply to stand by and watch and do nothing about it when it was physically impossible for the owner of Modderklip to have the squatters removed owing to their sheer overwhelming numbers.

Now known as the Gabon informal settlement, the area has streets, fenced and numbered plots, shops, but no services other than a single tap and pit toilets.

The Constitutional Court held that, in failing to provide a mechanism to execute an eviction order granted a year after the land invasion, the state infringed on the constitutional rights of Modderklip.

Modderklip refused to pay the R1.8m - more than the land was worth - asked by the sheriff of the court to hire a security firm to evict the squatters, and the police refused to intervene.

Apart from regarding the matter as a private dispute, the police pointed out that if simply thrown onto the street, the squatters would either return or unlawfully occupy another property.

Good judgment

"Neglect on the part of the state to act in circumstances like these would mean that Modderklip, and others in similar circumstances, cannot appeal to the State and its agencies for help to protect them against such invasions of their land," said the judgment.

Prof Gretchen Carpenter, emeritus professor in constitutional law at Unisa, said in response: "This is a good judgment. It is good that the State is being forced to meet its obligations towards a single member of the public.

"It is good that the squatters are not simply being chased off the land, but will also be assisted. It is good that our constitution's provisions that the state has obligations towards its citizens are being practically applied.

"It is also good that the two highest courts in the country have held the umbrella over each other, so to speak, in such an important legal issue. And it is particularly good that prospective investors in South Africa can see from the judgment that our courts will compel the state to carry out its duties and that there is not a second Zimbabwe developing here."

http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_1704908,00.html

quote:

and that there is not a second Zimbabwe developing here.

Give it some time and there will be another Zimbabwe.

Regards,

Terry

I'm with Terry. Just give it time. History across Africa continues to repeat itself. Sometimes sooner, sometimes later. For the sake of those who love South Africa and what it offers, let's hope that it's much later.

Seems that I remember that the Zim Supreme Court issued a similar ruling. Mugabe just changed the Supreme Court members! They gave him what he wanted.
465H&H