Lwandle hearings to start mid-July

Monday, June 30, 2014

Pretoria - The ministerial task team, tasked with investigating the manner in which the Lwandle evictions were carried out, will hold its first hearings in mid-July.

The six member team, led by Advocate Denzel Potgieter, was established by Human Settlements Minister Lindiwe Sisulu, after the more than 800 residents were evicted from their informal settlements, following a court order that they be removed as the land they stayed on was being occupied illegally.

The land in question is reportedly owned by the SA National Roads Agency (Sanral), which is earmarked for road construction.

Their shacks were demolished and set alight. Many people lost most or all of their possessions.

Following this, the minister intervened and established a Commission of Enquiry, giving it two months to report back with the findings that would reveal the circumstances that led to the inhumane evictions.

Speaking to the media in Cape Town, on Monday, Potgieter said they will commence in the middle of July with the first round of hearings focusing on concerned institutions and entities that had a direct role in the evictions.

“Members of the community who are directly affected by the evictions will be heard in a subsequent round of hearings at a venue convenient to them. A further communication will follow regarding the exact dates and venues of public hearings,” Potgieter said.

In the interest of transparency and meaningful public participation, Potgieter said the enquiry will conduct its hearings in public.

“All relevant parties were invited to provide written submissions or comments relevant to the subject-matter and mandate of the enquiry,” he said.

The process for submissions or comments, together with any relevant documentation and records, commenced last Monday and the deadline was last week Friday.

However, according to Potgieter, the secretariat of the enquiry would consider accepting any suitably motivated submissions that are not substantially out of time given the short life-span of the enquiry.

“It was also expected of all the potential participants to indicate whether they or their organisations wish to make an oral presentation at a public hearing. However, the requests for oral submissions are to be considered and approved by the commission and does not guarantee that such a request will be granted.”

Potgieter appealed to individual members of the community or organisations that might be affected or interested parties to provide information and comment relevant to the subject-matter and mandate of the Enquiry.

“It is indispensable for fulfilling the mandate of the Enquiry that all relevant information and perspectives should be obtained and be considered in coming to any conclusions.”

The enquiry would take an in-depth look at all processes and procedures followed by all involved in the eviction. This would include looking at all the steps involved, up until the removal was authorised by the High Court.

“The minister is desirous to establish the real causes of the land occupation, resultant evictions and all legal processes that have been followed leading to the ultimate evictions. The outcomes of this Enquiry must be informative to the continued quest to find humane and lasting solutions to the housing challenges in our country,” said Potgieter.

Factors to be considered in this regard include the competition for access to limited urban space as a result of rapid urbanization.

They would also consider the effect of the unlawful occupation of land on the efficacy of the systems that have been put in place to deal with the housing challenges facing the country and the need to respect both individual and property rights when addressing land occupation and to educate communities and other stakeholders in this regard.

The evicted families, who stayed at Nomzamo Community Hall, which has served as the temporary accommodation will soon be moved into emergency houses. - SAnews.gov.za