Flood victims’ homes demolished by Ethekwini Municipality
Municipality says the shacks are built unlawfully and bylaws need to be enforced
Asanda Mlingo is one of the people who, displaced by floods in 2022, built shacks here on higher ground. The eThekwini Municipality says this is not allowed. Photo: Tsoanalo Sefoloko
Families previously displaced by flooding in Durban say the eThekwini Municipality is demolishing their shacks.
The families moved to higher ground in the Kennedy Road Informal Settlement after being displaced by floods in April 2022. They built shacks and have lived there since.
But residents say that on 17 October, the municipality destroyed ten shacks. Another 18 were destroyed on 7 November, and two shacks were demolished on 25 November.
Last week Thursday, frustrated residents blocked the M19 highway with burning tyres, hoping municipal officials would come to address their complaints.
eThekwini Municipality spokesperson Mandla Nsele said the City was enforcing its bylaws. “Residents were previously advised not to construct or erect any shacks in the area,” said Nsele. He claimed that only unoccupied structures have been demolished.
Ward councillor Themba Mkhize (ANC) said he will request a meeting with the mayor. “I really don’t understand why someone from the municipality would arrive in my ward and demolish the shacks without my knowledge as ward councillor,” he told GroundUp.
Mkhize said he wrote a letter to the municipality, imploring them to stop the demolitions and explaining that the people living there had been displaced by floods in 2022.
When GroundUp visited the area last week, residents showed us how poles and sheets of corrugated iron had been damaged by municipal workers, presumably to make rebuilding difficult.
Asanda Mlingo said her shack was demolished on 17 October. She has not rebuilt it because she relies only on a child grant. She said she has lived there for more than two years without any problems.
“I didn’t choose to live here, the ward councillor told us that we must build our shack here because our shack was flooded every time. I feel as if I have been undermined because they are just demolishing our shacks without giving us an alternative place to live,” said Mlingo.
Resident Ntombifuthi Msomi said her shack has been demolished three times, costing her over R2,000 each time in building materials. “Last week they arrived and demolished my shack while I was at work,” she said.
Abahlali BaseMjondolo general secretary Thapelo Mohapi said it is unfortunate that the municipality continues with “unlawful evictions”.
“Rendering people homeless in this time of the year shows that the ANC-led municipality does not care about the lives of poor people,” said Mohapi.
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Letters
Dear Editor
The Constitution places a clear duty on municipalities to respect, protect, promote and fulfil the right of everyone to have access to adequate housing and to have their dignity protected. That duty is heightened where people have already lost everything to floods and have rebuilt shacks with their meagre resources simply to keep their families safe and dry.
In this context, the demolition of shacks occupied by flood victims – without court orders being shown, without meaningful engagement, and without adequate emergency accommodation – is indefensible. It is not lawful “by-law enforcement”; it is, in substance, an eviction through the back door, in direct conflict with section 26 of the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
Instead of destroying what little people have, the Municipality should be leading a humane, lawful and transparent housing programme. I therefore call on you to:
• Immediately halt all demolitions of occupied homes, unless authorised by a valid court order that has been properly served.
• Provide decent, well-located emergency accommodation with water, sanitation, refuse removal, electricity and safety measures – not open fields or overcrowded halls.
• Publish, within 30 days, a clear, binding timeline and plan setting out: (a) when emergency units for all affected flood victims will be rebuilt or repaired; and (b) when, where and how permanent housing will be provided, with budget allocations and community participation processes.
I further call upon civil society, faith-based organisations, NPOs and humanitarian groups to stand in solidarity with these communities – to assist them to rebuild, to hold the Municipality accountable, and to ensure that every family can look forward to a safe and dignified Christmas instead of yet another season of bulldozers and trauma.
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