Former Marievale residents to be provided with accommodation within 60 days
The court found that the restoration of occupation as ordered on May 9 had not been done.
Minister of Defence and SANDF granted second opportunity to obey court order
NIGEL – Judge Norman Davis handed down judgment in the Pretoria High Court on November 30, in the contempt application brought by the Lawyers for Human Rights against the Minister of Defence, the Chief of the SA Army and the Officer Commanding of Marievale base.
Judge Davis began with a repetition of his introduction to the original judgment of May 9, wherein he granted an order against the South African National Defence Force (SANDF) declaring the evictions illegal and ordered that the evicted families be restored to their homes within 30 days of granting the order. The order further stated that where restoration was not possible, the SANDF was obliged to make provision for adequate alternative accommodation.
“This is yet another one of those cases where organs of State have allowed a situation to develop to a point where a court of law is called upon to address an issue concerning the social wellbeing and dignity of people,” he said.
The court found that the restoration of occupation as ordered on May 9 had not been done. Furthermore, with reference to the Constitutional Court judgment of Dladla, the court unequivocally declared that:
“…the segregation of family units by gender is unacceptable restoration or alternative accommodation. It infringes on the families’ rights to dignity, privacy and adequate temporary housing as protected in the Constitution,” (SIC).
The court therefore granted an additional order which supplements that of the former order by narrowing down the terms of compliance. In summary, upon identification of the evicted families entitled to return to the base, the Officer Commanding Marievale base must:
- within five days of the date of the new order, provide a list of all the houses available to be occupied and allow such occupation to take place;
- within 15 days of the date of the new order, have the two bungalows partitioned into family units and allow occupation;
- within 60 days of the date of the new order, provide all other outstanding families with adequate alternative accommodation in the Marievale base.
Compliance with each step must be reported to the Chief of the SA Army and the office of the Minister. Non-compliance with any of the steps set out in the new order must be reported to and rectified accordingly by the Chief of the SA Army or the Minister.
Follow us on:
