Court imposes conditions on KwaDukuza Municipality as it seeks to evict informal dwellers at Shaka's Head
The Pietermaritzburg High Court has mandated conditions for the KwaDukuza Municipality to follow before evicting informal dwellers in Shaka's Head. Shack dwellers' movement Abahlali baseMjondolo however has said the ruling is victory for the informal dwellers.
Image: Abahlali baseMjondolo / Facebook
The Pietermaritzburg High Court has imposed conditions which the KwaDukuza Municipality must comply with in order to proceed with its eviction of informal dwellers in Shaka's Head, near Ballito.
The judgment handed down on Friday involves a matter involving the municipality and the shack dwellers’ movement, Abahlali baseMjondolo.
The municipality has sought to evict informal settlers from ERF 1410 in Shaka's Head in a matter that has been before the courts since 2023.
While the municipality says the court upheld its right to evict once alternative accommodation has been made available, Abahlali insists that the judgment prevents any relocation until the court is satisfied that all conditions ensuring a “just and equitable” process have been met.
Abahlali described the outcome as “a landmark judgment” and “a victory for the poor,” saying the municipality “can only evict our members… if certain conditions are met.” The movement stated that the court directed that the eviction be suspended “pending an order that it is satisfied that the eviction will be just and equitable.”
The organisation outlined several requirements the municipality must fulfil before any eviction can proceed, including providing basic services such as roads, sanitation, waste removal, water, and temporary electricity; demarcating stands for each household; relocating residents to an area with access to schools, healthcare, and transport; and providing building materials and transport. It added that the municipality must “report to the court on the steps it has taken to meet these conditions before any eviction can proceed.”
It said the outcome “is a testament to the power of collective action and the importance of standing up to the arrogant leadership of the municipality, who continue to use taxpayers’ money to take us to court instead of using it to develop the people.”
The municipality, meanwhile, described the same judgment as “a significant victory for the municipality.”
It said the court also “issued an eviction order against the illegal occupiers of Shaka's Head, directing the illegal occupiers and all those occupying through them to vacate the municipal property described as ERF 1410… within one month,” subject to the establishment of basic services at Vlakspruit Farm, where the residents are to be relocated.
The municipality acknowledged that the court suspended the execution of the eviction order, pending a compliance report, but said the order “reinforces the importance of upholding the rule of law” and affirms that “unlawful occupation of property cannot be condoned.”
“The municipality will work closely with its lawyers and the relevant departments to ensure that they take the necessary steps to ensure that the eviction process… is just and equitable,” the municipality added.