It is not intended to be a source of legal advice and must not be relied upon as such. Kropman argued that, in eviction cases, the interest of justice should always take precedence over whether or not someone has paid for their occupation, "we shouldn't view people's values, around evictions, as purely as that of an economic story", she added. On 23 April, SERI in collaboration with Ndifuna Ukwazi, Lawyers for Human Rights, Consortium for Refugees and Migrants in South Africa, Legal Resource Centre and ProBono.Org addressed a statement to the National Command Council, relevant Cabinet Ministers and respective Provincial Departments of Human Settlement. “As we put a spotlight on democracy during COVID-19, ZLHR calls upon law enforcement agents to exercise due respect and restraint in enforcing national lockdown measures, government to speed up alignment of laws with the Constitution and ensure adherence to principles of democracy and constitutionalism, implement legal and administrative reforms to create a conducive environment that guarantees the respect and enjoyment of democracy and fundamental human rights and freedoms and ratify and domesticate the African Charter on Democracy, Elections and Good Governance.”, Your email address will not be published.
SERI’s work in the ‘Securing a Home’ theme involves protecting and fulfilling the right to adequate housing by challenging unlawful evictions, and promoting access to basic services such as water, sanitation and electricity. The calls were made on Tuesday as the country joined the world in celebrating International Day of Democracy. Following their occupation, the City attempted to demolish and unlawfully evict the occupiers on several occasions. The matter was settled and an undertaking was signed on 24 April 2020 wherein the City undertook to “refrain from demolishing, burning and removing or disposing of the Applicant’s informal housing structures in the informal settlement or from causing this to take place”. However, as noted by the UN Habitat, these simple preventive public health measures are almost impossible to follow for those who are homeless, or who live in unsafe or overcrowded conditions. The tribunal’s offices have been closed during the lockdown and emails have gone unanswered, said Edward Molopi, a researcher for the Socio-Economic Rights Institute (SERI) of South Africa… The Minister’s submission further was that the regulations could not therefore be set aside [sic]”on the basis that they are causing economic hardship, as saving lives should take precedence over freedom of movement and to earn a living.”. However, the municipality continued to illegally demolish homes in the settlement. The question before the judge was whether the circumstances of Covid 19 were so extreme that invoking a national state of disaster under the 2002 Disaster Act justified the measures taken by the government.
She is stripped of her rights of dignity, equality, to earn a living and to provide for the best interests of her children. On 27 December 2018, SERI challenged these on-going evictions against the occupiers. The applicants in the South African case based their attack on the alleged irrational reaction to the coronavirus itself and the number of deaths caused thereby. Required fields are marked *.
The moratorium should also extend to the execution of eviction orders and all home demolitions, for the entire duration of Alert Level 3 and 4. In mitigating the impact of the pandemic, SERI has partnered with various social justice organisations to initiate and support calls for a moratorium on evictions during lockdown. places the power to promulgate and direct substantial (if not virtual all) aspects of everyday life of the people of South Africa in the hands of a single minister with little or none of the customary parliamentary, provincial or other oversight functions provided for in the Constitution in place. SERI filed an urgent application to the High Court for an interdict, contempt and compensation for the damage to the property. Save my name, email, and website in this browser for the next time I comment. Commissioner Solomon Ayele Dersso Chairperson of the African Commission for Human and People’s Rights By email: Elsabe.us@gmail.com 7 July 2020 Honorable Commissioner Derrso Xenophobic threats of deportation and violence towards African and South East Asian migrant communities in South Africa We, members of the Covid 19 People’s Coalition (C-19PC), listed below, …
South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Zimbabwe Lawyers for Human Rights (ZLHR) in a statement urged the government to adopt and implement measures that are legal, proportionate and respect basic principles of democracy in its battle to combat the spread of coronavirus. The organisations called on the National Command Council and the relevant provincial and municipal task teams to suspend all water and electricity disconnections (even in instances where accounts are in arrears) until the lockdown is lifted.
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