Marievale community back in court with an application for contempt of court against the Minister of Defence
November 21 has marked exactly one year after around 150 civilian families have been violently and unlawfully evicted from their houses.
NIGEL – November 21 has marked exactly one year after around 150 civilian families have been violently and unlawfully evicted from their houses in the defunct military base known as Marievale Military Base outside Dunnottar.
Evicted families turned to the Lawyers for Human Rights for assistance and on 9 May 2018, High Court judge Norman Davis granted an order against the South African National Defence Force (SANDF) declaring the evictions illegal and ordered that the evicted families be restored to their homes within 30 days of granting the order. The order further stated that where restoration was not possible, the SANDF was obliged to make provision for adequate alternative accommodation.
On the same day that judgment was handed down, the Minister of Defence issued a statement on the website of the Department of Defence indicating that she respects the decision of the court and would abide by it. However, to this date the evicted families remain displaced and continue to live in precarious conditions. Many of them were forced to move into Happiness Village – an informal settlement opposite the military base where they erected shacks to provide shelter for their families. They have had to endure the harsh winter cold and heavy rain in those shacks and they do not even have access to essential services like electricity and water.
After the 30 days set for compliance lapsed, the SANDF remained unforthcoming about how they intended to implement the court order, but soon alleged that all the houses formerly occupied by the evicted families could not be restored, because they were allocated to military personnel. The SANDF then offered alternative accommodation to the families in the form of two open space bungalows with no privacy or cooking facilities and with limited ablution facilities.
The SANDF indicated that the bungalows would be partitioned and women, girls and babies would occupy one side while men and boys would occupy the other side. The bungalows do not meet the constitutional standards of adequate alternative accommodation and are grossly unsuitable to accommodate families including disabled and elderly persons as well as minor children.
As it became apparent that the SANDF had failed to abide by the court order, LHR launched a contempt application against the Minister of Defence, Lt Gen Lindile Yam (chief of the SA Army) and Col Mkhize (the officer commanding at Marievale base) which was set down for hearing on November 21. After closing of arguments, Judge Davis reserved his judgment for November 30.
Another salient term of the court order of May 2018 was that the soldiers stationed at Marievale were interdicted from harassing, threatening or intimidating the families. However, those that live in Happiness Village have reported ongoing harassment by and confrontations with armed soldiers that constantly patrol Happiness Village with rifles and heavy armoured military vehicles (“mambas”).
During October, tension in Happiness Village escalated to the point that LHR had to bring another urgent application to address harassment as well as the unlawful disconnection by the soldiers of a water pipe supplying the residents of Happiness Village with potable water. This persistent interference by soldiers in the daily lives of civilian families is also raised in the contempt application as a breach of the interdict against harassment.
“This is one of several illegal eviction cases that LHR has dealt with, but the unique and rather disturbing aspect of this case is the fact that it concerned illegal evictions against civilian families perpetrated by armed soldiers. The disobedience of a court order by an institution such as the military is also intolerable and a serious threat to the principle of the rule of law. The Marievale community has endured a lot of suffering since losing their homes, but they remain determined to see justice done,” Thandeka Chauke said on behalf of LHR
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