WAR ON THE POOR
Police move in on homeless people in Alberts Farm Conservancy despite court order
‘I have realised that I don’t have a chance, I failed to get them to leave us alone or leave our things alone,’ said Victor, a homeless man who lost all his belongings when he and up to 20 other people were evicted from the Alberts Farm Conservancy in Johannesburg on Tuesday.
On Tuesday morning, about 20 officers from the Johannesburg Metro Police Department (JMPD), the SAPS and a private security firm unlawfully and without notice demolished the homes of a community of homeless people, some of whom have resided in the Alberts Farm Conservancy (AFC), a park in the West of Johannesburg, for more than 10 years.
Some of the police were carrying shotguns and were verbally abusive and intimidating towards the homeless people they encountered during their raid. The homeless people alleged that they stole money and property, and that their few possessions were treated as rubbish to be cleaned up and thrown away.
Maverick Citizen editor Mark Heywood was present and witnessed the police conduct. He was also ordered to delete photos of the police who said they were in charge of the raid.
Eric Galawe (48) says he felt powerless when the police showed up in the morning and began demolishing his shack and took all his belongings.
“They didn’t care, they just said ‘move’ and took it all. I don’t have blankets, everything, food and you know I am a patient, I’m suffering from chronic cancer, and I can’t sleep outside with no shelter. I take medication, I can’t take it without food. I (have) worked as a car guard for the Alberts Farm Parkrun, it’s been eight years.
“We are not bad, we don’t steal, and look at this place we clean,” he said, pointing to the area where, until recently, his small shack had stood.
One of the armed police officials brought in to oversee the demolition of shelters. Recyclers work from very early in the morning, so they were unaware what was happening to their homes. (Photo: Mark Heywood)
The homeless people say it would have been better if they were given a warning the day before so they could make a plan for their belongings.
They had their homes demolished despite orders from the Gauteng North High Court, obtained in August (interim) and November 2021, by which the JMPD, City of Johannesburg and City Parks are “restrained from dispossessing the applicants of their temporary habitable dwellings and possessions, and evicting the Applicants from Alberts Farm Conservancy without an order of court”.
These court orders followed an earlier eviction of people from the park in August 2021.
After the high court found that eviction to be “unlawful and unconstitutional” it directed the JMPD, City Parks and Friends of Alberts Farm (a residents’ association) to “meaningfully engage with each other to ensure that an equitable and dignified relationship can be developed between the parties”.
This clearly did not happen on Tuesday.
Victor (40) said: “They rapped the top of the tent… I spoke to them and said the tent was given by the social workers at the church. I told them there is an NGO that is helping us, that’s protecting us. I took my documents and the material I’m reading, I wrapped them in the top of the tent and hid them somewhere.
Carrying away people’s meagre possessions: blankets, pots, pans, shoes, recycling tools, trolleys and money were among the items taken. No record was made by the police of what was removed. (Photo: Mark Heywood)
One of the trucks from Mafoko Security Services carries away the remains of people’s homes and possessions. (Photo: Mark Heywood)
“I took everything I can, mostly my reading stuff. I realised that if you are not here when they come, they take everything, so I always keep the important things with me when I leave.”
Several residents who have piece jobs around the city, or who work as recyclers, couldn’t salvage any of their possessions because they were away. In the evening when they returned they found their homes demolished.
Johannesburg Homeless Network cries foul
The Johannesburg Homelessness Network (JHN) is one of the organisations on a committee that has worked tirelessly since 2021 in trying to engage and find solutions and to hold the metro police to the court order. But it continues to be overlooked.
On Tuesday, JHN released a statement asking for a moratorium on all evictions of homeless people in Johannesburg.
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“The JHN has established a drop-in day centre in the area recently and started providing social work services as the start of the process to help them find a sustainable way out of homelessness. A location for an overnight safe space has been identified and processes [are] under way to achieve this,” it said.
“The JHN is shocked by the inhumane way in which the homeless people have had all their belongings destroyed and removed by the JMPD this morning, even at gunpoint.
Residents question police and JMPD officials, pointing out that a court order is required before the shelters of homeless people can be demolished. (Photo: Mark Heywood)
“This sets back all the efforts of the JHN and its area committee to help them sustainably.”
The statement continues: “The City of Johannesburg should note that their actions have violated the rights and dignity of the homeless community members and that their actions have violated an existing court order. The cost of this operation is also wasteful expenditure on the City’s part.
“The MMC [for] Health and Social Development, Cllr Ashley Sauls, and his executive office are well aware of the work of the JHN and even recently visited the Alberts Farm Drop-in Day Centre and lauded the work of the JHN.”
Urgent court application launched
On Tuesday afternoon, Kropman Attorneys, who are acting for the homeless community, sent a letter of demand to the Gauteng Commissioner of the SAPS, the Johannesburg mayor and Mafoko Security Patrols, a company hired as service providers to assist with demolitions. The letter requested that they restore the property of the homeless and points out that the unlawful eviction has left people destitute and further impoverished.
Armed police stand guard while homeless people’s shelters are demolished. One homeless person complained that the police cocked and pointed a gun at him when he asked to keep some of his belongings. (Photo: Mark Heywood)
The letter stated that if there was a failure to commit in writing (by 8pm yesterday) to restoring or replacing all the property and possessions of those affected and to “not in future remove our clients’ property in an unlawful manner”, the high court will be approached “on an urgent basis for the appropriate relief and to seek a punitive costs order”.
By Wednesday morning there had been no response.
As a result, an urgent court application has been launched and is expected to be heard before the end of the week. The application seeks a court order “directing the respondents to”:
- 2.1 “construct for the Applicants habitable dwellings that afford shelter, privacy, and amenities at least equivalent to those that were destroyed, at the site at which their previous shelters were demolished with immediate effect;
- 2.2. return the Applicants’ possessions to them, including, but not limited to, bedding, mattresses, tents, wood, clothing, shoes, food, toiletries, money, mobile phones, and waste for recycling with immediate effect;
- 3. Interdicting and restraining the Respondents from unlawfully dispossessing the Applicants of their habitable dwellings and possessions and evicting the Applicants from the Alberts Farm Conservancy situated in Johannesburg, without leave of the Court;
- 4. That a rule nisi be issued herewith in terms of which the Respondents are called upon to show cause on 7 September 2022 or a date this Honourable Court directs, why an order in the following terms should not be made final:
- 4.1. Declaring that the First and Second Respondents have violated prayer 4 of the order in matter 39022/2021 of the above Honourable Court by unlawfully dispossessing the Applicants of their possessions and habitable shelters on or about 30 August 2022;
- 4.2. Declaring that the dispossession of the Applicants’ habitable shelters, and possessions, and their eviction by the Respondents on or about 30 August 2022 is unlawful in terms of section 25(1) of the Constitution and section 26(3) of the Constitution, read together with section 8(1) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998; and
- 4.3. That the Respondents are ordered to pay each of the Applicants and other similarly dispossessed persons the sum of R5,000.00 each as equitable relief for the loss of earning potential and the loss of personal property which will not be able to be recovered.
Responding to queries, the JMPD’s Xolani Fihla said: “The matter is under review by the City’s legal department. JMPD cannot comment at the present moment while we await deliberation, but I will return to you once the deliberation is concluded.”
Attempts by Maverick Citizen to obtain comment from the ward councillor and the Joburg Metro were unsuccessful at the time of publication. DM/MC
For Maverick Citizen’s previous reporting on the background to this issue read:
“Why can’t we live together? The conflict between subu…”
“Finding ourselves: Alberts Farm, the right to dignity and the meaning of ‘Everyone’”
“Alberts Farm highlights the complexity of homelessness and conservation”
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We need to hear the other side of the story from resident rate payers in homes surrounding the park! If there are facilities and options provided by the City of Johannesburg ( using rate and taxpayers money) then there is no need for these (or any other homeless people) to make a stand on public property. Green spaces are not for living on, otherwise they would be sold as normal real estate…they are spaces to be enjoyed by all, not a select few.
Its about time they were kicked out. Now COJ needs to do the same along the length of the spruit so people (rate payers) can again enjoy these (once) green spaces without having to walk/ run/ ride through the rubbish dumps & sewerage rivers created by all the illegal occupants living there. The fact that they’ve been there 10 years is only because the useless SAP/ ANC deployees were too kak lazy to do their jobs and enforce the law.
Rate payers and residents rights should come first.
Everyone sympathisers with the homeless. This does not mean that they can pitch up to any space and occupy it. The people who pay taxes and live in areas that have green spaces also have a right to maintain the status quo of their neighbourhoods. These residents have invested their life savings into these properties and deserve the benefit that comes with this.
Lack of housing is a Governmental issue and so we need to vote for a new crew who will plan and invest in this, rather than siphoning money away from municipal and central government coffers. This is the only thing that will create change. Unlawful land invasion is and ANC legacy. They have no solutions to their corruption.