Category Archive: Opinion

Klein Akker Evictions

300 people made homeless in “legal” eviction

Activists and concerned citizens are outraged at the treatment of residents on Klein Akker farm in Kraaifontein. In an act of eviction that is legal but nonetheless inhumane, 300 poor and vulnerable occupants have seen their homes demolished before their very eyes and left by the side of the road, without blankets, clothing or children’s school books. Possessions have either been destroyed or put in storage, where residents can’t access them.

Eviction order

Many residents had lived on the Klein Akker farm for 20 years or more. They were part of a community and they looked after each other. Some had come initially as fruit pickers. When the farm was sold in 2012 and the current owner ceased growing fruit, workers found employment on nearby farms but continued to occupy their dwellings. The owner applied for and was granted an eviction order in October 2017. Residents successfully applied for a stay of the eviction until 1 July 2019.

In accordance with legislation, the City of Cape Town offered alternative accommodation. But the options provided were unacceptable to residents, for reasons of distance and unaffordability of transport to work, and safety. One location was Philippi, which is known for gang violence. Furthermore the land offered at Philippi was sodden and completely unsuitable for housing.

The eviction was completely legal, but was it moral?

Disregard for human rights

On Monday (19 August) law enforcement officials and security guards arrived at Klein Akker and began demolishing shacks with machinery. Clothes and possessions were seized. Children’s school uniforms were taken and put into storage, along with cooking pots and food. Residents were left by the side of the road with nothing to eat and no way to keep warm. The City of Cape Town has defended its position because it twice offered the residents alternative accommodation.

The South African Human Rights Commission (SAHRC) argues that the eviction represents multiple human rights violations, including the right to adequate housing, the right to water and sanitation, the rights of children, the right to a basic education and the right to human dignity. The SAHRC applied to the Western Cape High Court on Wednesday (21 August) to challenge the eviction, and supported the counter application by the Legal Resources Centre for emergency accommodation and constitutional damages for the victims of the Klein Akker eviction.

As we write, we await the outcome of these applications.

Championing fair evictions

At SD Law, we believe property owners have the right to enjoy their property. We also believe that tenants should be treated fairly and justly. We act for both landlords and tenants and have a deep understanding of the relevant legislation. But our insight goes further than that. We are Cape Town attorneys with high emotional intelligence. We seek legal solutions that incorporate moral and ethical conduct and respect human rights. If you have an eviction matter, contact Simon on 086 099 5146 or email sdippenaar@sdlaw.co.za to discuss your case in confidence. We’ll never leave you stranded.

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Wounding Words

Law firm Cape Town

by Simon David Dippenaar

As children, we were raised hearing the old adage that ‘sticks and stones may break one’s bones, but words can never harm one.’

However, one soon comes to the stark realisation that this is not actually true. This is particularly so, for example, when one considers all those that have committed suicide as a result of words.

Words are powerful. They can bring down governments, they can start wars, and they can destroy lives. The reality is that words can hurt more than broken bones in many cases. Some people actually bear the physical marks on their body from someone else’s words.

Too often we use words without considering their impact.

What we need is a society that is cognisant of the impact of words and a desire to temper them so that they are a force for good, and not for destruction.

This post was prompted by a very recent client who was repeatedly called a “moffie” and even beaten up by his neighbour because he is gay. “Moffie” is a word that has often been used to degrade gay men and is riddled with negative connotations.

More often than not, individuals choose to ignore the discrimination, but it can sometimes cause so much pain and make it impossible for some to break out of the psychological torture. This is one of those pillars of prejudice that has to be toppled in the creation of a non-sexist society.

The South African Constitution protects everyone in the country, irrespective of whether they are citizens or not, and all have the right to dignity and equality. The Constitution specifically provides that the right to freedom of expression does not extend to “advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm”.

It is important to note, however, that ‘hate speech’ does not refer to words that are merely hurtful, insulting or upsetting. For words to amount to hate speech, they must be regarded as advocating hatred and must constitute an incitement to cause harm to that person or group of persons.

Social ambiguity about men being abused is a factor in their not speaking up; they also run the risk of not being believed. In situations where individuals have experienced discrimination, there are various legal avenues that can be pursued.

Cape Town Lawyers at SD Law South Africa, we understand the pain caused by words that are intended to hurt and destroy. You need not suffer in silence. We can help so that you can walk tall and hold your head up high. We can ensure that your rights are protected, whether through alternative dispute resolution, litigation or other avenues.

Get in touch with me if you have a matter you would like to discuss.

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