Statement on evictions in Bredell

The Pretoria High Court this week granted an order for the eviction of a large number of illegal occupants off the land in Bredell, East Rand. While the matter was pending before the courts, the South African Human Rights Commission deemed it inappropriate to make a comment. The Commission, however, has been monitoring events at Bredell and several visits were made to the squatter settlement.

The South African Human Rights Commission is an independent state institution established in terms of the Constitution to promote respect for, observance of and protection of human rights. Every citizen has a duty to uphold and respect human rights. Observance and respect for the law are paramount in a society founded on law.

The Commission holds the view that the rights of all the people of South Africa must be respected. We consider homelessness and the poverty that are prevalent in our society, as a negation of the values of human dignity and social justice enshrined in our Constitution. This important issue, however, has been clouded by the unlawful acts of the squatters at Bredell with the unfortunate encouragement by the leadership of a much-respected political party. This incident reminds us that despite the high achievements of the last seven years, the problems of poverty and homelessness are very acute in black communities.

Having acknowledged that, however, one must affirm that in present-day South Africa, there can be no justification for any illegal land grab, and for the violation of the rights of others to property guaranteed by our Constitution. We fear that no situation can justify resort to illegal measures especially those which pose a danger to health, as the court has found. In a country struggling with crime and lawlessness, all law-abiding South Africans have a duty to condemn anarchy and disrespect for the law.

Second, we wish to point out that all South Africans, including political parties, are aware that there are options which they all enjoy whenever the enjoyment of their rights are threatened or violated. At no cost they can approach, for example, the South African Human Rights Commission and the Public Protector. In the final instance they can petition the courts to adjudicate on their rights. The courts in South Africa have been very sympathetic to the plight of the poor and needy. In the case of Bredell none of these options was resorted to either by the squatters themselves or by the Pan Africanist Congress which purports to champion their cause.

We wish to commend the Government of the Republic of South Africa, the parastatals affected and the part owners of the land, for upholding the rule of law and for acting within the law. We support the calls made by those, including the churches, which caution restraint and sympathy especially for those who have unknowingly been caught up in what has turned out to be a great hoax. We remain concerned that children and the infirm should not suffer disproportionately to their misdeed. Measures should be put in place to limit any excessive and irreparable harm that might be caused by an over-zealous application of the law.

We appeal to political parties and other agents of civil society in general, to have regard to our constitutional values when they confront the challenges we face in our society. Among these are respect for the law, reverence for the Constitution, and observance of human rights. Members of parliament in particular, are sworn to "obey, respect and uphold the Constitution and all other laws of the Republic…" It is incumbent upon all our leaders to act responsibly and in giving assistance to the people in desperate need, use only such methods and facilities as uphold the law and our Constitution.

We urge the Ekurhuleni Metropolitan Council, as a matter of urgency, to examine the claims of many of the illegal occupants at Bredell. Those who have been on the housing waiting lists for an unreasonably long time should receive urgent attention. The SAHRC will be writing to the Mayor of the Ekurhuleni Metropolitan Council calling for an investigation and to report back to the Commission on actions that have been taken to address the critical housing problem.

N Barney Pityana
CHAIRPERSON

13 July 2001.