Evictions in Cape Town; with Ministry

Meeting report

Opening Remarks
The Chairperson said that the meeting was to address the inhumane evictions by officials in various cities during COVID-19. The Committee has every right to enforce accountability and is against the manner that evictions are carried out with no regard for human dignity. The illegal occupation of land is not acceptable but forceful evictions and removals are not acceptable. Local government has the responsibility to provide services which include housing and human settlements, The Chairperson commended the City of Cape Town in its recent developments in complying with the Disaster Management Act as well as the release of the municipal audit findings which are important considering the state of municipalities in the country. The Chairperson also commended the National Department of Cooperative Governance and Traditional Affairs (COGTA) on its leadership as well as the Western Cape and Gauteng municipalities in ensuring compliance with the municipal finance. The Committee will begin to examine the effectiveness of the support systems by COGTA in municipalities. Continuous communication has to be implemented and maintained with municipalities to address poorly performing municipalities.

Evictions in Cape Town: Cape Town Metro briefing
Mr Dan Plato, Executive Mayor: City of Cape Town explained that none of Cape Town city officials were involved in the dehumanising forceful evictions of people in Cape Town. Suspensions have since been done and an independent investigation into the matter is currently pending. The City of Cape Town received a court order that states that old structures should remain on site but there are new structures erected every day as a result of land invasions. He explained that no law enforcement officers forcefully undressed Mr Bulelani Qolani during his eviction on 1 July 2020.

Ms Riana Pretorius, Director of Informal Settlements: City of Cape Town, provided an outline of land invasions attempts in Cape Town from 2018 to 2020 as well as the land occupied in the city. She highlighted that sensitive land (wetlands) has been a target for illegal settlers which is concerning. She provided a city overview that shows the illegal land invasion hotspots throughout the city and the targeted land trends for invasions. Ms Pretorius highlighted the Greater Khayelitsha and Enkanini area and new housing developments will rely on a water pipeline project crucial for the bulk service infrastructure for better water and sanitation services which are in the direct pathway of the Empolweni land invasions. An interim court order was received in April 2020 for the illegal occupation of land in Khayelitsha and Enkanini areas and she provided details of the court order which permitted 49 existing structures to remain.

Mr JP Smith, Councillor & Mayoral Committee Member for Safety and Security, City of Cape Town, expressed concern about the incident involving Bulelani Qolani who was forcefully handled by law enforcement officers while undressed. He referred to the WhatsApp Group for Cape Town city officials to discuss Anti Land Invasions matters and said that not much detail can be given on the incident as there is an internal ongoing investigation. He provided details of the incident and said that the dehumanising of people is not supported by the municipality. Justice is being carried out about the incident. The investigations can be escalated to higher authorities if there is dissatisfaction with the work carried out by the City of Cape Town.

Mr Richard Bosman, Executive Director for Safety and Security: City of Cape Town, confirmed that the matter was brought to the municipal staff’s attention only on 1 July. A report on the way forward will be compiled on the matter and information has been received from SAPS that Mr Qolani has laid a criminal charge and that SAPS will conduct investigations into the matter. Full cooperation will be provided by the municipality to ensure that investigations are successful.

Ms Xanthea Limberg, Councillor & Mayoral Committee Member for Informal Settlements: City of Cape Town, said that the lands invasions occurring in Empolweni, Khayelitsha are jeopardising a water pipeline for the informal settlement. The waste treatment plant is currently undergoing a R1.7 billion upgrade which will support the Khayelitsha community. There have been challenges on that site with illegal invasions and vandalism and damaged infrastructure. She provided information on the developments on the bulk water pipeline project which will supply water to Khayelitsha. There have been disruptions with the project because of sudden erection of informal settlements on the pipeline route. Lawful anti-invasions operations have been implemented and alternative routes for the pipeline have been discussed to avoid the relocation of the informal land invasions. The project has been on track and is scheduled to conclude in November 2021. Unlawful land invasions have to be carefully managed to ensure effective performance and results and no further interruptions.

Mr Plato emphasised the importance of the water treatment plant to provide efficient water to residential areas. Money has been spent on the site. The interim court order was received on the conditions that have been provided by the City of Cape Town to retain the site. If the site is let go of there will be major infrastructure issues.

Discussion
Ms P Xaba-Ntshaba (ANC) thanked the City of Cape Town for the presentation and asked Mr Plato to explain who issued the instructions to conduct evictions during the lockdown even after the city had promised that there will be no evictions. Now there was this incident involving Mr Qolani. She asked about the consequences for the violation of prohibited evictions during lockdown and questioned Mr Plato’s commitment to Parliament and the people of Cape Town. She asked why the dignity of Mr Qolani was not protected. The forceful evictions are a painful remainder of Apartheid which is concerning.

Mr H Hoosen (DA) welcomed the presentation and stated that land invasions are a problem for the City of Cape Town. The incident involving Mr Qolani was unacceptable and he expressed gratitude that the matter was being dealt with accordingly. Law enforcement officers need to be prepared for situations where people undress themselves and trained how to protect human dignity. He asked about the extent of the City's discussions with illegal land invaders before the removals especially in poorer communities and asked for details on the nature of the disciplinary action against those involved. There have been incidents where pipes have been found on roads made by a Chinese company and he asked why the water pipes are not sourced locally.

Ms H Mkhaliphi (EFF) thanked the City of Cape Town for the presentation but said the background information was unnecessary instead the presentation should have focused on the accountability for the dehumanising removal of Mr Qolani. The investigation on the matter will be biased to protect the image of the City. The people that have been previously removed are the same people who lost jobs because of COVID-19. The presentation did not include any information on the people who have been forcibly removed. The Cape Town leadership is a concern especially when it comes to the people in the city. Black people are being targeted and she asked how many law enforcement officers have been disciplined due to the forced removals. Why is the City quick to approach the High Court on the illegal invasions instead of communicating with the people?

Mr K Ceza (EFF) said that there is enough land in the country and that patterns of Apartheid are still ongoing and continue to keep black people disadvantaged. Only 14% of land is available for black people yet black people are 81% of the national population. The City of Cape Town has to be held accountable for the numerous forceful evictions it has conducted. He asked if the City had any development plans for informal settlements as alternative solutions and locations for evicted people. He asked Mr Plato to explain his statement made on social media. The City’s actions contradict the Constitution and he requested the City’s plans for providing more housing for people in the city.

Mr B Hadebe (ANC) said that land invasions are a problem and are not supported but when evictions happen they have to be done in a proper manner that does not violate human dignity, safety and security. He welcomed the suspension of the law enforcement officers who were involved in the removal of Mr Qolani and asked who issued the instruction to conduct evictions. He was disappointed in Mr Plato for his contradictory statements to Mr Qolani and his eNCA interview. Mr Qolani was not given an opportunity to explain himself. Mr Plato is not acting impartially on the matter of Mr Qolani and as a result there is no faith in the pending investigation on the matter. National COGTA should lead the investigation not City of Cape Town. Ruthless law enforcement in Cape Town is an ongoing trend. The Committee expects a plan of action to provide housing and the progress of the plan. He asked if there are recommendations and solutions from the matter. Investigations should be conducted on the officials who made comments about the demolition of structures regardless of the circumstances. The apology from Mr Plato is a publicity stunt and it was not genuine.

Mr B Luthuli (IFP) said that COGTA should appoint an investigating unit to investigate the matter of Mr Qolani. The law enforcement officers should have found another way to remove Mr Qolani instead of physically moving him especially as he was undressed.

Mr M Hendricks (Al Jama-Ah) quoted the Disaster Management Act lockdown regulations which state that evictions are prohibited and expressed shock that the City of Cape Town management has not been arrested for their actions. He disagreed that people should be labelled as ‘invaders. There was no reason to continue with the forceful removal of Mr Qolani. He also said that he has no respect for the COGTA Minister because a municipality under her watch has violated the rights of people. On the waste water treatment plant, he said that the site is futile and is a death site for the surrounding areas.

Mr F Jacobs (ANC, Western Cape) said that forced removals during Apartheid were experienced by the disadvantaged including Mr Plato and argued that Mr Plato is not improving the situation instead he is allowing the painful legacy to continue under his leadership. The City of Cape Town has been found by the Auditor-General to have underspent its budget instead of using the unspent money to enforce anti-land invasion units. The victims should not be blamed for the forceful removals. Tenders were allocated to companies to forcefully remove people. He asked to whom the tenders were issued and the amount of money given for the tenders. He asked why the budget was underspent and how inequalities in Cape Town were going to be addressed.

Mr Hadebe said that the biggest land invader was the colonisers who forcefully entered South Africa. He asked if the municipality engaged with applicants on the matters outlined in the court order before enforcing forceful removals. He asked if the ward councillors were involved in the removals and how long the structures were standing before they were demolished. He believed that according to the law structures cannot be demolished after 48 hours of being erected, therefore evictions cannot happen.

Mr C Brink (DA) expressed his interest in the investigation outcomes and agreed that evictions are unacceptable especially if they are forceful and have no consideration for human dignity. Evictions of illegal land occupants are happening across the country and he asked SALGA if there were guidance methods in place to address the eviction problems. He asked if the Minister has discussed with the Cabinet Security Cluster about the land grabs and the process that should be followed to execute them.

Ms G Opperman (DA) asked the Minister on the systems in place to assist municipalities struggling with land invasions and asked Mr Plato how many new invasions have happened in Empolweni and if there are mechanisms in place for the public to submit complaints of police brutality and how such allegations are investigated. She asked if the UN Code of Conduct for Law Enforcement Officials on the prohibition of torture has been received by the City of Cape Town and if the Code of Conduct was communicated to law enforcement officers.

City of Cape Town responses
Mr Plato appreciated the concerns by Members and said that the concerns are serious. On the official who gave instructions to evict, he explained that senior personnel are on site during evictions which is why the investigation will reveal the senior official who gave out the instruction. Although there are concerns that the investigation will be biased, it has been handed over to an independent body to investigate. He assured Members that the City of Cape Town will have no influence over the investigation. The investigation will inform the municipalities about solutions for evictions. There have been no laws that have been violated by the municipality.

Mr Plato explained that the eviction action of law enforcement officers was supported by the court order. The court order will be examined following concerns by Members. On the contention that structures standing for 48 hours may not be demolished, the investigating team will evaluate that. The invasion of land will be discussed and methods of addressing this will be evaluated. He argued that some pieces of land have to be protected and preserved even though building will not happen. The municipality does have a programme in place to build houses and if allowed an opportunity, the details of the programme can be presented to the Committee together with the human settlement officials. The housing projects are integrated to include various racial groups, but the budget is not enough to build a lot of houses. There are continual discussions with people on evictions but there are people who do not participate in the discussions. Black people are not targeted by the municipality or treated any different from other racial groups.

The Empolweni site is important for the future of Khayelitsha and money has been invested in the site. A temporary relocation area is in place for evicted households. He assured the Committee that there is no hatred of black people. The municipality has an open-door policy for people to engage with the mayor personally, but it is difficult to meet everyone. On the disciplinary action, people who abuse their power are held accountable for their actions.

Invasions in Cape Town are a serious problem. The law enforcement officers involved in Mr Qolani’s removal did not undress him and the intention was not to blame Mr Qolani for the forceful removal. Providing housing is big in Cape Town and the President has been made aware of the issue. On the appointment of an independent investigating body, COGTA has to make the call not the municipality. He agreed that law enforcement officers could have handled the situation differently during the removals. A way forward has to be implemented and the different spheres of government need to find permanent solutions to this challenge in the Western Cape and there is no war against the poor or any racial group. The reason for the unspent budget money is that the money was sent back to National Treasury to avoid wastage.

Mr Plato replied that the information is unknown by the municipality about issuing tenders. The court order was specific on the conditions of the demolition of a structure which were followed. Invasions take place for various reasons, some people rent out the sites which is illegal. Those same people complain about the municipality on national television when evictions happen. Evictions happen every second day. He replied that the Code of Conduct was received, and it has been complied with.

Mr Malusi Booi, Councillor & Mayoral Committee Member for Human Settlements: City of Cape Town, replied that the community of Enkanini was engaged about the invasions and there was public participation. Minutes of the meetings can be provided to the Committee. . Illegal invasions is a national challenge. He said that there have not been any evictions on the Enkanini site only anti-invasion actions. The Anti-Land Invasion Unit has been conducting near daily anti-land invasion operations at the site. Only 49 structures have been temporarily allowed to remain by the High Court order. This is monitored on an ongoing basis. To date, no evictions have taken place on the site, only anti-land invasion operations. He provided a list of projects that have been undertaken by the municipality to provide housing to the people of Cape Town. He said that national government has more land parcels in Cape Town, and some were going to be made available for the City to initiate the housing projects. One of the challenges faced by Cape Town is that the budget for structures has been reduced by 50% which means only 2 500 structures can be built to meet the demand for housing of more than 300 000 people. Housing plans can only be implemented based on the available budget. He explained that the WhatsApp Group is for the discussion of illegal invasions not forced removals and evictions. The WhatsApp Group is a platform for reporting service delivery issues.

Mr Smith said that evictions are taken seriously and that the trend of people undressing is common. Attempts were made by officers to cover Mr Qolani as consideration of human dignity in important. An external investigation was initiated because there were expectations that the internal investigation would be rejected by the public. The actions of law enforcement officers are independent from the municipality. He argued that public office bearers are at the forefront of evictions. The April court order allowed for 49 structures. In most cases of evictions and removals, residents are the ones who call the municipality to remove the illegal informal settlers. There is no culture of brutality in Cape Town. He pointed out that incidents of land invasions in other cities are far worse than in Cape Town. Complaints are received daily and are forwarded to the respective institution to be addressed. The City of Cape Town is against the law enforcement calling itself a force because a civilian rank structure is followed by the municipality. He highlighted that there are engagements before removals. He explained that Mr Qolani was forcefully removed by officers because at the time the demolition process had begun so he was pulled out for safety purposes. The City of Cape Town has been supportive and caring to the residents of Cape Town.

The Chairperson asked for clarity on the purpose of the WhatsApp Group and the forwarding of messages by Mr Smith. She asked for clarity on the WhatsApp Group statement made by a Mr Anton [believed to be Mr Anton Terblanche, regional co-ordinator of informal settlement management for the City of Cape Town] that a structure has to be demolished "with or without an undressed man" in it.

Mr Smith explained that he is responsible for forwarding complaints that have been received from the public. He is not responsible for issuing instructions on how complaints should be dealt with. Mr Anton reports to Ms Pretorius.

The Chairperson said that there were images of Mr Smith and Councillor Angus McKenzie in uniform on the side of a vehicle and that there have been multiple images where Mr Smith is seen at evictions where there is militarisation of police.

Mr Smith explained that he does not attend land invasion operations only ride alongs. In ride alongs, assistance is provided to staff which is where Mr McKenzie was requested to join and he personally asked for a bulletproof vest. Mr McKenzie has since been reprimanded for his actions. The municipality is forced to step in when situations involve gang violence in attempts to promote safety and security.

The Chairperson asked for clarity on Mr Anton’s statement on demolitions and for Mr Booi’s input.

Mr Booi replied that the WhatsApp Group is for illegal structures and that Mr Anton’s statement should be re-worded so that it is fitting. In the video, the structures shown were new and the court order was intended for only the 49 existing structures.

The Chairperson asked about the structures and when they were erected.

Mr Booi replied that the structures were erected in less than 48 hours; it was an overnight job. Mr Qolani was not included in the April court order for the 49 existing structures.

Ms Mkhaliphi said that the list on the court order was for more than 49 structures and asked about the statement made by Mr Anton.

Mr Booi said that in the presentation, the interim court order was granted by the High Court for the duration of the lockdown. Some issues are yet to be discussed in court.

The Chairperson mentioned that a follow-up meeting will be scheduled on the matter.

South African Human Rights Commission (SAHRC) and Minister's remarks
Adv Mohamed Shafie Ameermia, SAHRC Commissioner, said that the Commission is disturbed by the forceful removals incidents. He outlined the Bill of Rights and its importance in society as well as the UN Principles Article 47-49 to promote sustainable development. Forceful removals are a common practice in Cape Town.

Minister Nkosazana Dlamini-Zuma confirmed that there were ongoing evictions in Cape Town during the lockdown and concerns were raised with the Mayor on the matter. Responses were provided from the Mayor that the land will be used for building houses. On the matter of the investigation, the Department of Police is conducting an investigation by the Deputy Commissioner and the Western Cape Provincial Commissioner. The National COGTA, other Ministers and Deputy Ministers have been instructed and allocated by the President to different districts in provinces. Evictions are happening in other provinces which is not condoned. Evictions are prohibited but illegal land invasion is prohibited. There is land hunger in the country and land should be allocated by the government. The land parcel discussions have been ongoing with the Deputy President. The Minister emphasised that people should be treated with human dignity. She thanked the SAHRC for promoting human rights for all South Africans.

Ms Chantal Kisoon, SAHRC Chief Operations Officer, said that there are concerns about the dehumanising of people during removals. Previous events in Cape Town have been concerning and the reason for someone deciding to undress during a forced removal should be evaluated and questioned. Wrong or right, people’s dignity should always be considered. The SAHRC welcomed the Minister’s comments. Formal communication was issued by the Commission to the City of Cape Town Metropolitan Municipality and the municipality refused to meet with the Commission which is concerning.

Follow-Up Discussion
Ms M Tlou (ANC) welcomed the presentation by the City of Cape Town and comments made by various institutions. She asked Mr Plato on the plan of action to provide housing for Mr Qolani after his eviction. She disagreed with the action taken by the municipality and asked if the evictions were legal and if the Batho Pele principles were applied or considered during the evictions. There is poor leadership in Cape Town.

Mr Ceza asked about the number of people who have been arrested for illegally renting out illegal sites and if there have been interventions to improve socio-economic factors in the communities.

Mr Hadebe expressed disappointment that the City of Cape Town refused to engage with the SAHRC as a Chapter 9 constitutional institution. There is constant comparison to other cities by the municipality. The confirmation of the existence of the message by Mr Anton is an issue and he asked for further investigations on the instruction given by Mr Anton. He requested a Human Settlements Plan for Khayelitsha and Empolweni. Mr McKenzie requesting a bulletproof vest was unacceptable. He asked about the intervention progress on this matter and asked Mr Smith for his opinion of Mr McKenzie’s actions.

Mr Hoosen agreed with Commissioner Ameermia on the eviction principles. SAHRC had announced that it would investigate the evictions 24 hours after the incident with Mr Qolani happened. However, it seemed as though the SAHRC had concluded on the matter without investigating it.

Ms Mkhaliphi said that COGTA should get involved in Cape Town as the Minister pleaded with the Mayor not to evict people. Alternative venues should be provided after evictions. She argued that the presentation was false, and that the municipality has no consideration for suggestions from external institutions.

Ms Xaba-Ntshaba asked to share the video of Mr Qolani with Mr Smith. She agreed that the investigations should be independent. There are contradictions in the statements made by Mr Plato and Mr Booi on the underspent budget. Evictions seem to be done because other cities are evicting. She asked for the whereabouts of the evicted people.

Mr Hendricks said that the City of Cape Town should be placed under administration. He noted Mr Plato’s apology on the matter of evictions.

The Chairperson said that the underspent budget was not discussed enough by the City of Cape Town. Another issue which should be addressed is the plan of action against Mr Anton for his statement. There is an argument that there were more than 49 listed structures listed in the interim court order. The matter of Mr Qolani has to be discussed further. The Chairperson proposed a way forward saying that the COVID-19 plan of action should be provided to the Committee by the municipality. Mr Plato will be expected to communicate with the municipality and return to the Committee and present the Human Settlements Plan. The Chairperson thanked the Ministry, SAHRC, SALGA and other institutions that were present for attending the meeting. She said that the Committee is not interfering with the work of the various institutions.

Meeting adjourned.