South African shack dwellers challenge Slums Act in court
13 May 2009
As South Africa prepares for the 2010 Soccer World Cup, the government has made plans to develop ‘World Class Cities' by eliminating the ‘slums' which are home to millions. This week our partner organisation Abahlali baseMjondolo is set go before the Constitutional Court to challenge the Slums Act, a law that will displace thousands from their homes.In November 2008 Abahlali baseMjondolo (ABM, literally ‘people living in shacks'), a Durban-based shack dweller movement and War on Want partner organisation, applied to the Durban High Court in order to challenge the constitutionality of the Elimination and Prevention of Re-Emergence of Slums Act. This Act, which was introduced by the KwaZulu-Natal provincial government in 2007, is expected to lead to a large number of evictions of shack dwellers from their homes to temporary housing in so-called ‘transit camps'. These camps are often located far away from vital services and job opportunities, and many lack decent water and sanitation facilities.
| Watch a video of ABM members explaining the impact of the Slums Act on their community. |
While the government refers to the camps as ‘temporary', many shack dwellers fear that they will be stuck in ‘government shacks' for years. Organisations such as ABM are campaigning for an upgrading of existing shack settlements and for the right of shack dwellers to a place in the city and against being dumped on the outskirts of urban areas in ‘transit camps'.
Despite the organisation's efforts to contest the constitutionality of the Slums Act, the Durban High Court dismissed ABM's application in January 2009, arguing that the Slums Act would make "things more orderly in this province" and that "the Act must be given a chance to show off its potential to help deal with problems of slums and slum conditions". The court outcome was a big blow to poor shack dwellers in KwaZulu-Natal Province whose livelihoods in many ways depend on living near to their places of work. Workers who have been moved to the camps are forced to spend the vast bulk of their income on transport.
In order to protect the right to a place in the city, ABM has now taken the Slums Act to the Constitutional Court. On the eve of the court challenge on Thursday 14 May 2009, War on Want supports ABM's fight for shack dwellers' right to the city and its struggle for the safety, dignity and equality of the poor.

