Vous êtes sur la page 1sur 33

ZAKHENI LAND DEFENDERS ORGANIZATION

(Z.L.D.O.)

THE REPORT
(28 December 2008 15 August 2009)

TO:
THE CENTRE OF APPLIED LEGAL STUDIES
[Sent To Kate Tissington]

@ WITS UNIVERSITY

CONTENTS
I. II. INTRODUCTION OVERVIEW OF THE VAAL CRISIS

A) B) C) D) E)

High Water and/or Electricity Bills Sale (in auction) of properties Deprived of Municipal Basic Free Water Evictions Unlawful arrests & detentions of foreign nationals

III.

ABOUT Z.L.D.O.

IV. A) 1. 2. B) 1. 2. 3. 4. 5. 6. 7. C) 1.

MEMBERS AND VICTIMIZATION ViICTIMIZATION: M.A. GUSHU N.M. VELAZI VICTIMIZATION: UNPROCESS TRANSFER & SALE OF PROPERTY M.A. MBATHA B.M. KUNENE R.M. NXUMALO L.B. MNDAWE G.M MUTISSE M.M. SHAI. T.A. LATA VICTIMIZATION: L.T. SEROTO SALE IN AUCTION OF PROPERTIES HIGH & ERRONEOUS WATER BILLS

2. 3. 4. 5. 6. 7. 8. D) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. E) 1. 2. 3. 4. F) 1.

L.N. MOFOKENG M.A. MPAKATHI L.P. MOFOKENG M.S. MASEKO Y.K.P.A. KOUAKOU T.B. PHIRI C.M. NCOKO VICTIMIZATION: DEPRIVED OF MUNICIPAL BASIC FREE WATER HZ & MEM LETSOLO L.B. MNDAWE S.P. NGULUBE . N.M VELAKAZI M.A. MPPAKATHI L.M. MTIKULU G. SHCHAKHANE L.D. MALOISANE M.A. GUSHU L. SEROTO Informal Settlement: PLOT 320 CNR RUELL & CROSS ROAD, DE DEUR VICTIMIZATION: M.A. MPPAKATHI M.S. MASEKO L.P. MOFOKENG L.N. MOFOKENG VICTIMIZATION: UNLAWFUL ARRESTS AND DETENTIONS EVICTION

OSCAR BENJAMIN ARTWELL

2. 3.

JEAN MICHEL HOUAKOU KULULA AUGUSTINE

V.

COMMON PATTERN

VI.

COMMENTS

VII.

SUSPICION(S)

VIII. 1. a) b) c) d) e) f)

DEEDS, MEETINGS AND ACHIEVEMENTS (Z.L.D.O.) DEEDS PROTEST MARCH: 16 February 2009 EVICTION STOPPED: 19 February 2009 INTERVIEW WITH THE MIDVAAL SPEAKER: 19 March 2009 WATER DISCONNECTION STOPPED: 16 March 2009 ACCESS TO JUSTICE IN A CASE OF DOG ATTACK TWO EVICTEES RE-INSTATED: 15 July 2009

2. a) b) c) d) e)

MEETINGS MEETING WITH THE MIDVAAL: 26 March 2009

MEETING WITH THE A.N.C. 01 April 2009 MEETING WITH SINDANE: 18 July 2009 MEETING WITH MAX RAMBAU: MEETING WITH CALS: 05 August 2009

14 August 2009

3. a. a.1.

APPLICATIONS / OPPOSING AFFIDAVITS / CORRESPONDENCE APPLICATIONS HIGH COURT APPLICATIONS

i) ii) ii) iv)

The LETSOLOs matter The VELAKAZIs matter The MBATHAs matter The KUNENEs matter

a.2 i) ii)

INDIGENT APPLICATIONS M.A. GUSHU K.G. DLAMINI

b. i) ii)

OPPOSING AFFIDAVITS THE MALOISANEs matter THE KOUAKOUs matter

c. i) ii) iii)

CORRESPONDENCE GUSHUs matter VELAKAZIs matter MWELASEs matter

IX. X. a) b) c)

STRENGHT(S) CHALLENGES (Z.L.D.O.) Office and Office bearers Office Office Bearers Legal standing Resources

XI. a) b)

NEEDS Resources Office, Office Bearers and Equipments

Office Office Bearers Equipments

i) Office Equipments: ii) Media Equipments

c) d) e)

Transport/Logistic Legal or Para-legal Education/ trainings/ workshops Practice number

XII. i) ii) iii)

CLOSING NOTES Assets Monthly expenditures Estimated 12-month budget

THE REPORT
(28 December 2008 15 August 2009) I. INTRODUCTION

It is the first Report of Zakheni Land Defenders Organization hereto referred to as Z.L.D.O. It is the Report of all the works and activities conducted from 28/12/2008 (birth) up unto the 15/08/2009. It basically presents and profiles Zakheni Land Defenders Organization to the public and broadcasts the VAAL Crisis through a De Deur experience. It is an informative report that highlights certain aspects and injustices pertaining to Sale (in auction) of properties in the VAAL and raises awareness on the real issue behind. It also renders accounts of our experience, challenges, needs and submits a 12 month budget. It is especially designed to keep ones and ones up to date with our ongoing work, our standing and broadcast crisis around communities.

II.

OVERVIEW OF THE VAAL CRISIS

VAAL is a South African region situated in southern Gauteng (in the VERENIGING District) very prestigious and reputed for her contribution towards the former regime. Tranquil since her very birth, VAAL has entered from the beginning of the year 2009 in a very critical phase; probably the most critical transit of her existence. Like never witnessed before, VAAL Municipalities have been showered with Protests, Demonstrations, Memorandums, Moratoriums, etc in an unusual frequency quoted to be the expression of the many years dissatisfaction (of the community) towards Service Delivery, down-pression and injustices perpetuated by VAAL authorities, municipalities, financial institutions, etc against the welfare of the people, ratepayers and communities thereof. And, in as much as grievances are concerned, the following would be noted as the most eminent causes of the crisis:

a)

High Water and/or Electricity Bills

Water and/or Electricity Bills would be too high on certain properties in De Deur; more especially Water Bills. Water Bills would rise from the normal monthly billing to higher, and from higher to abnormal figures. And, in most occasions, once a property starts experimenting High Water bills, it will definitely fall to be sold in auction. Yet, in as much as High Water Bills are concerned, two departments are to be questioned: the Finance Department that would consciously and arbitrarily inflate bills and the Technical Department that would cause meters to run fast.

b)

Sale (in auction) of properties

It is the most sensitive of the crisis wherefrom most irregularities and injustices emanate. In De Deur, one house out of ten (1/10) is threatened with Sale in auction by either financial institutions or by the Local Council.

c)

Deprived of Municipal Basic Free Water

Many in De Deur live without Municipal Water. Some being victims of disconnection while others (cash purchasers) being victims of non-compliance of either the seller of the property or Local Council.

d)

Evictions

Most, if not all, evictions in the VAAL are performed without alternative accommodation. And, as a matter of fact, evictees are always dumped on the street as less than dogs.

e)

Unlawful arrests & detentions of foreign nationals

Foreign nationals are being arrested arbitrarily by police, in De Deur, while in possession of valid documents, and detained for days in wait for the Home Affairs to confirm their status. Yet, upon

10

confirmation and verification of their status, they get released without any form of compensation.

III.

ABOUT Z.L.D.O.

Zakheni Land Defenders Organization (Z.L.D.O.) is a Civil Rights and Social based organization initiated by YKPA KOUAKOU and established by six (6) families on the 28/12/2008 in De Deur, at Plot 17/323 KOEDOE STREET. It was born as mean to challenge the systematic sale in auction of properties and empower the community. Its immediate purpose was to oppose unconsented sale in auction of properties and stand against evictions without alternative accommodation in our environment. Our mission are determined as to help the community, the

most unfortunate and the disadvantaged access to justice, facilities and opportunities and our vision are determined as to endeavor towards information, education, poverty alleviation and job creation through strategic programs, projects and plannings. However,
in the light of our activities and units, we, Z.L.D.O. stand as a platform in terms of Training/Research in various fields such as Law, Media, Social Development, etc Presently, Z.L.D.O. has about 35 members, victims of injustices as mentioned below:

IV.

MEMBERS AND VICTIMIZATION

a)

ViICTIMIZATION:

HIGH & ERRONEOUS WATER BILLS

Number of Victims:

Two (2):

1. M.A. GUSHU: M.A. GUSHU is an elderly residing at PLOT 22 BALMORAL ESTATES DE DEUR. He currently receives water bills with arbitrary charges while his water supply was cut off/reduced/disconnected in July 2007. An attempt was made by our office towards the resolution of the matter but was unsuccessful.

11

2. N.M. VELAZI: N.M. VELAKAZI is an adult male residing at PLOT 104/2 CENTRE ROAD, DE DEUR. He currently receives water bills with arbitrary and erroneous charges. An attempt was made by our office to resolve the matter with the local Council but was also unsuccessful.

b)

VICTIMIZATION: UNPROCESS TRANSFER & SALE OF PROPERTY

Number of Victims:

Seven (7)

1. M.A. MBATHA M.A. MBATHA purchased the property based at PLOT 26/319 WILLIAMS PARK, DE DEUR from BUY-IT-INVESTMENT and completed payment thereof. But not only has the property not been transferred into his names as yet but it has been sold to a third party.

2. B.M. KUNENE B.M. KUNENE purchased the property based at PLOT 2/319 WILLIAMS PARK, DE DEUR from BUY-IT-INVESTMENT and completed payment within the terms of the contract, since 2000. But not only has the property not been transferred into his names as yet but it has been sold to a third party.

3. R.M. NXUMALO R.M. NXUMALO purchased the property based at PLOT 23/319 WILLIAMS PARK, DE DEUR from BUY-IT-INVESTMENT and completed payment within the terms of the contract. But not only has the property not been transferred into his names as yet but it has been sold to a third party.

4. L.B. MNDAWE L.B. MNDAWE purchased the property based at PLOT 471 WOODLAND ROAD, WALKERS FRUIT FARMS, DE DEUR, from an individual and completed payment

12

within the terms of the contract, since 2001. But not only has the property not been transferred into his names as yet but it might have been sold to a third party.

5. G.M MUTISSE G.M MUTISSE is an adult female residing at PLOT 25, DUIKER STREET, DE DEUR. She purchased the above mentioned property from SOUTHERN COUTRY ESTATES and completed payment within the terms of the contract; however, not only has the property not been transferred into his names as yet but it has been sold to a third party.

6. M.M. SHAI M.M. SHAI purchased the property based at PLOT 29/319 WILLIAMS PARK, DE DEUR from BUY-IT-INVESTMENT and completed payment within the terms of the contract. But not only has the property not been transferred into his names as yet but it has been sold to a third party.

7. T.A. LATA T.A. LATA is an adult male residing at 587 AMATONG, BOIPATONG 1911. He purchased the property based at PLOT 90/12 De DEUR from STEVES PROPERTIES and completed the payment thereof. But not only has the property not been transferred into his names but it has been sold to a third party who is currently residing over the property. Further T.A. LATA claims that to this date, he has not been reimbursed his monies paid towards the purchase of the property.

c)

VICTIMIZATION:

SALE IN AUCTION OF PROPERTIES

Number of Victims:

Eight (8)

13

1. L.T. SEROTO L.T. SEROTO is an adult female residing at PLOT 71 WILLIAMS PARK DE DEUR. Her property was sold by the Midvaal Local council for arrears rates & taxes and that her water has been reduced.

2. L.N. MOFOKENG L.N. MOFOKENG is an adult male residing at PORTION 9 ERF 316, WEILBACH STREET, DE DEUR. The property whereat he currently resides, was sold in auction in 1999 by the Midvaal Local Council in the amount of R 500against the arrears rates & taxes estimated at Less than R 2000He claims that since 1999 he had been engaged in legal actions as to resolve the matter but the oppositions parties wouldnt make it any easier for him. Hence, since 1999, he has been helplessly fighting to get back his HOME.

3. M.A. MPAKATHI M.A. MPAKATHI is an adult female residing at PORTION 14 ERF 316, WEILBACH STREET, DE DEUR. The property whereat she currently resides, was sold in auction in 1999 by the Midvaal Local Council in the amount of R100 against the arrears rates & taxes estimated at less R2000 She further claims that since 1999 she had been engaged in legal actions as to resolve the matter but the oppositions parties wouldn't make it any easier for her. Hence, since 1999, she has been helplessly fighting to get back her HOME.

4. L.P. MOFOKENG L.P. MOFOKENG is an adult male residing at PLOT 382 WALKERS FRUIT FARM, DE DEUR. His BONDED property, the property whereat he currently resides, was sold in auction in 1999 by the Midvaal Local Council in the amount of R100 against the arrears rates & taxes estimated at R10 000. He further claims that since 1999, he has been engaged in legal actions as to resolve the matter but the oppositions parties wouldn't make it any easier for

14

him. Hence, since 1999, he has been helplessly fighting to get back his HOME.

5. M.S. MASEKO M.S. MASEKO is an adult female residing at PLOT 57/3 DAM ROAD DE DEUR. Her property, the property whereat she currently resides, was sold in auction in 1999 by the Midvaal Local Council in the amount of R550 against the arrears rates & taxes estimated at about R 1600. She further claims that since 1999 she has been engaged in legal actions as to resolve the matter, but the oppositions parties wouldn't make it any easier for her. Hence, since 1999, she has been helplessly fighting to get back her HOME.

6. Y.K.P.A. KOUAKOU Y.K.P.A. KOUAKOU is an adult male residing at PLOT 17/323 KOEDOE STREET DE DEUR. His bonded house, the property whereat he currently resides was sold in auction by the Bank through misrepresentation of his attorneys. He claims that since 2007, he has been engaged in legal actions as to resolve the matter but the opposition parties wouldnt make it any easier. Hence, since 2007 he has been fighting helplessly to get back his HOME

7. T.B. PHIRI T.B. PHIRI is an adult male residing at 13 MARMAT STREET MEYERTON. His bank caused his bonded house based at PORTION 25 ERF 117 MEYERTON to be sold in auction (after 10 of re-payment) by means of denial, falsehood and intimidation. Further, He claims that he has not received any summons or documents as regards the sale of the property and was blackmail and intimidated to vacate his property in November 2008..

8. C.M. NCOKO C.M. NCOKO is an adult female residing at ERF 5114 ORANGE FARM EXTENSION 2. Her property was sold in auction by the bank without her consent and while she was attempting to resolve the dispute with her creditor.

15

d)

VICTIMIZATION: DEPRIVED OF MUNICIPAL BASIC FREE WATER Eleven (11)

Number of Victims:

1. HZ & MEM LETSOLO HZ LETSOLO, residing at PLOT 233/6 MEYERTON ROAD, DE DEUR, with his family claims to be currently living without Municipal Water. Her Water Supply had been disconnected since or about the 2007/07/10 for arrears rates and taxes. To this present day the Water Supply still disconnected.

2. L.B. MNDAWE L.B. MNDAWE is an elderly residing at PLOT 471 WOODLAND ROAD, WALKERS FRUIT FARMS, DE DEUR, claims to be currently living without Municipal Water since 2007. His Water supply had been cut off by the Local Council in 2007 for arrears.

3. S.P. NGULUBE S.P. NGULUBE, residing at PLOT 25 WILLIAMS PARK, DE DEUR, with his family lives without Municipal Water since 2002, since he purchased the above mentioned property mentioned from BUY-IT-INVESTMENT.

4. N.M VELAKAZI N.M. VELAKAZI residing at PLOT 104/2 CENTRE ROAD, DE DEUR, with his family, currently lives without Municipal Water. His water supply was cut off on erroneous grounds since June 2009.

5. M.A. MPPAKATHI M.A. MPPAKATHI is an elderly female residing at PORTION 14 ERF 316 DE DEUR, with her family. She currently livies without Municipal Water. Her Water Supply had been disconnected since 2000 by the Local Council upon instruction of a certain third party.

16

6. L.M. MTIKULU L.M. MTIKULU is an elderly female residing at PLOT 197, KRUGER STREET DE DEUR, with her family. She currently lives without Municipal Water. Her Water supply had been disconnected since 2007 by the Local Council for arrears.

7. G. SHCHAKHANE G. SHCHAKHANE is an adult male residing at PLOT 28 MARBLE ROAD, DE DEUR, with his family. He currently lives without Municipal Water. His water supply was cut off in July 2009 upon instruction of a certain third party who claims to have purchased the property whereon he resides.

8. L.D. MALOISANE L.D. MALOISANE is an adult male residing at PLOT 66 BALMORAL ESTATES DE DEUR, with his family. He is living without Municipal Water since he moved on the property, since 2002.

9. M.A. GUSHU M.A. GUSHU is an elderly, residing at PLOT 22 BALMORAL ESTATES DE DEUR. He currently lives without Municipal Water. His Water Supply had been cut off/reduced since July 2007.

10. L. SEROTO L.T. SEROTO is an adult female, residing at PLOT 71 WILLIAMS PARK DE DEUR. She currently lives without Municipal Water. Her Water Supply is currently cut off/reduced.

11. Informal Settlement: ERF 320 CNR ROWELL & CROSS ROAD, DE DEUR This is an informal settlement where a minimum of fifteen (15) families are residing without Municipal Water for over 3 years as the result of a disconnection.

17

e)

VICTIMIZATION:

EVICTION

Number of Victims:

Four (4)

1. M.A. MPPAKATHI M.A. MPPAKATHI was evicted thrice in pursuance of the sale in auction of her property: in 1999, on the 19 of February 2009 and on the15 of July 2009. She was re-instated through legal actions at the first occurrence and by the community in the latter.

2. M.S. MASEKO M.S. MASEKO was evicted once in pursuance of the sale in auction of her property in May 2008. She was re-instated through legal actions.

3. L.P. MOFOKENG L.P. MOFOKENG was evicted twice in pursuance of the sale in auction of his property: in 1999, and on the 15 July 2009. He was re-instated through legal actions at the first occurrence and by the community in the latter.

4. L.N. MOFOKENG L.N. MOFOKENG has been evicted once in pursuance of the sale in auction of his property: in 1999. He was re-instated through legal actions.

f)

VICTIMIZATION:

UNLAWFUL ARRESTS AND DETENTIONS

Number of Victims:

Three (3)

1.

OSCAR BENJAMIN ARTWELL

OSCAR BENJAMIN ARTWELL is an adult male from Zimbabwe. He was arrested by the De Deur Police on the 24/12/2008 for Illegal Immigrant and detained under cas 374/12/2008 while

18

in possession of legal & valid document. He was released by the Home affairs on the 30/12/2008 upon verification of his document and without any form of compensation.

2.

JEAN MICHEL HOUAKOU

JEAN MICHEL KOUAKOU is an adult male from Ivory Coast. He was arrested twice in the row by the De Deur police for Illegal Immigrant and while in possession of legal and valid document. At the first occasion, the charge of Illegal Immigrant under cas 372/12/2008 was deliberately and arbitrarily converted unto drunkness by another officer (not the arresting officer) and he was requested to pay a fine of R100 in order to be released. At the second occasion, He was detained under cas 37/01/2009 for five (5) days and released by the Home Affairs upon verification of his status and without any form of compensation.

3.

KULULA AUGUSTINE

KULULA AUGUSTINE is an adult male from D.R.C. He was arrested by the De Deur Police on the 01/01/2009 for Illegal Immigrant and detained under cas 37/01/2009 while in possession of legal & valid document. He was released by the Home affairs on the 05/01/20089 upon verification of his document and without any form of compensation.

V.

COMMON PATTERN

Observation reveals a common pattern pertaining to sale in auction of property in the VAAL: Targeted properties start experimenting high water bills or Rates &Taxes which will induce proprietors into financial difficulties, and therefore incapable at some stage to pay either for the bond account or for the water bills and so fall into arrears that will enable legal actions against their properties. Legal representatives, on their part, would not meaningfully seek the payment of such monies but instead would seek legal ways or unlawful means to sell the property to preselected third parties and expropriate proprietors by means of evictions through transfer of the property unto the third partys names. Hence, proprietors who oppose the tide and refuse to

19

vacate the property and legally resolve their matter get intimidate with water disconnection, or damage of their property, or defamation of their character, or assault upon the signature of third parties.

VI.

COMMENTS

A case study of our members matters reveals the following: a) b) c) Targeted properties or sold properties experience High and erroneous Waters bills Targeted properties or sold properties are in arrears Rates & Taxes

Grounds of sale are weak or sometimes erroneous (judgment debts).


Most Victims are first time proprietors and ignorant of property realities. Most properties are sold under price and at vile prices and without the consent or sometimes the awareness of the owners

d)
e)

f)

Properties are sold without being repossessed or without the debtor having surrendered or while inhabited by people; meaning that the people are also sold together with the property at the sale price of the property.

g)

Municipal officials are engaged in property business; being share holders in Estates agencies (STEVE DU TOIT or STEVES PROPERTY) Almost, if not always, the same purchasers on the Auction Shore and the following would be the most renown on the ground: KGHOTSO DEVELOPMENT CC STEVE FURNITURES JESPA PROPERTIES STEVE PROPERTIES. S.D.P. DU TOIT H.C. DU TOIT RUDOLF HAYDEN BRIEDENHANN

h)

20

i) j)

RUDOLF JOHANNES BRIEDENHANN

Most, if not all, Evictions are performed without alternative accommodation Sold properties Water Supply get disconnected without notice and upon instructions of third parties on transfer of property and account(s) into their names.

k)

There is no logic as per from which amount (of arrears) properties should be taken into auction.

VII.

SUSPICION(S)

The pattern in which properties are sold in the VAAL, particularly in the Farms suggests reconsideration in appreciation at some extent as it tends to be a systematic expropriation calendar or agenda to satisfy. In other words, it displays some ideological features politically, legally and economically related and oriented. However, looking deep into it, it seems like Municipal Agents (in the financial & Technical Department), Legal Entities, Legal Representatives, Legal Persons, Agents, Police and Individuals would be involved in the mechanism thereof.

VIII.

Z.L.D.O. DEEDS, MEETINGS AND ACHIEVEMENTS

Most of the following information are available on site (Website: www.zakhenilanddefenders organization.blogspot.com)

1.

DEEDS

a)

PROTEST MARCH: 16 February 2009

It was an official Protest-March organized by Z.L.D.O. It was submitted unto the Local Council and approved under the reference : 17/3/1/6/3/ Department: Traffic. It was purposed to bring into sight and consciousness a state of emergency and hand over memorandums to concerned institutions, companies or organizations. The March was success: the Memorandum was handed over unto the Local council which took the responsibility to serve First National Bank, Meyerton

21

Police services, ABSA Bank Meyerton, Nedbank Vereeniging, and to the Midvaal Local Municipality self and confirmed received by writing. As per the reply we received, we, Z.L.D.O. were requested to either pay a certain fee (by the Local Council) or to get a court order instructing such (by Standard Bank). However, we, Z.L.D.O. fail to get both a court order and to cover the fees required in order to access such information.

b)

EVICTION STOPPED: 19 February 2009

The community headed by Z.L.D.O. stopped the Eviction that was being performed, on the 19 February 2009, by a Sheriff of the Vereeniging court at Plot14/319 Welbeich Street- De Deur and re-instated the evictees.

c)

INTERVIEW WITH THE MIDVAAL SPEAKER: 19 March 2009

It is a recorded 57 min interview with the speaker of the Midvaal Local Council that speaks for itself. A copy (video) of Interview may be obtained upon request and in writing.

d)

WATER DISCONNECTION STOPPED: 16 March 2009

Municipal technicians, on a mission to disconnect the Water supply at Plot 17/323 Koedoe Street, De Deur without notice and on invalid grounds, got confronted by Z.L.D.O. and the community and finally departed without disconnecting the supply.

e)

ACCESS TO JUSTICE IN A CASE OF DOG ATTACK

Z.L.D.O. assisted, Ms Winnie MWELASE, a 26 Years old female residing at Plot 298 Boundary Road, De Deur, who was denied by the De deur Police Services the right to report and open a case in a matter wherein she was bitten (for the second time) at her work place (employers house) by the dogs of her employer and in full view of her employer while on duties. As a result, of the attack, Ms MWELASE suffered injuries & pains and also resigned working for fear of being beaten for a third time. To this day, Ms MWELASE has not received her wages nor any

22

form of compensation from her employer. However, as a result of our intervention she received assistance and a case of dog attack under the reference 536/05/2009 was opened.

f)

TWO EVICTEES RE-INSTATED: 15 July 2009

The De Deur community, and residents caused, on this day, two Evictions to abort: at Plot 382 Walkers Fruit farms - De Deur and at Plot14/319 Welbeich Street- De Deur, and re-instated the evictees. The operation was conducted by the RED ANTS under the supervision of a certain, Andrew, who claimed to be a Sheriff of the Vereeniging magistrate court. There was no opposition from the community, yet still the RED ANTS deliberately damaged properties, assaulted people and shot at the crowd. And, in process, a proprietor (and evictee) got shot thrice in a same place (two bullets are still lodged in his body). For more information on the event, kindly log on www.zakhenilanddefendersorganization.blogspot.com : and read article: MUNICIPAL RED ANTS ATTACK.

2. a)

MEETINGS MEETING WITH THE MIDVAAL: 26 March 2009

This meeting was purposed for the broadcasting of the De Deur crisis unto the municipal body (which seemed not to be aware of) and the placing forth of Z.L.D.O. requests toward certain issues pertaining to the crisis. Yet, to this day, the Local Council has not reverted to us.

b)

MEETING WITH THE A.N.C.

01 April 2009

This meeting was suggested by the A.N.C. and was arranged for to inquire or to confirm whether or not we, Z.L.D.O. do stimulate or encourage people not to vote for the A.N.C. for the 2009 presidential elections

23

c)

MEETING WITH SINDANE: 18 July 2009

This meeting was arranged by S. Maseko (Z.L.D.O.) and was purposed for: a reasoning with other similar and experienced social organizations the finding of an intelligent and collective approach to the VAAL Crisis the healing of certain Z.L.D.O. handicaps.

d)

MEETING WITH MAX RAMBAU: 05 August 2009

The purpose of this meeting was to introduce us, Z.L.D.O. with Sir General MOYO, an experienced social activist, of Informal Settlement, for guidance. The outcome of the meeting was to the effect that we meet with the CALS body at WITS University.

e)

MEETING WITH CALS:

14 August 2009

This meeting was purposed for the submission of a substantial Z.L.D.O. report that would enlighten on the Vaal crisis; particularly in property issues wherein "Human Rights" are being infringed.

3.

APPLICATIONS / OPPOSING AFFIDAVITS / CORRESPONDENCE

We are not learned-lawyers; neither are we learned-advocates. Yet, to serve our community and help them access to opportunities, we, Z.L.D.O., although un-professional, do endeavor to fill up applications, dispute matters, place motions and to oppose eviction applications as to uplift the community, disable the process to systematic expropriations along with Evictions in our environment and enable disputes towards the resolution of matters.

a. a.1. i)

APPLICATIONS HIGH COURT APPLICATIONS The LETSOLOs matter

This application is registered with the High court of South Africa (Wit Watersrand Local

24

Division) under the case number 09/16543. The main purpose of this application is to interdict the Local Council from the selling the property which the deponents (the Letsolo) are purchasing and enable a dispute towards the payment of the alleged debt which seemed to have been erroneously charged. This application however has been reconsidered and consequently will be converted into an application of rescission of the judgment.

ii)

The VELAKAZIs matter

This application is registered with the High court of South Africa (Wit Watersrand Local Division) under the case number 09/24650. The main purpose of this application is to instruct the Midvaal Local Council to justify the alleged amount of R 1145.16 erroneously charged and claimed to be due by the deponents (the Velakazi) with a detailed billing. For according to our Z.L.D.O. calculations and estimation, the amount due should be R 274. 97

iii)

The MBATHAs matter

This application is registered with the High court of South Africa (Wit Watersrand Local Division) under the case number 09/16544. The main purpose of this application is to instruct the Registrar of Deeds at Pretoria to transfer the property based at PLOT 26/319 North & Boulder street, Williams Park De Deur, whereon the deponents (the Mbatha) reside and which the deponents purchased and completed payment thereof, into the name of the deponents.

iv)

The KUNENEs matter

This application is registered with the High court of South Africa (Wit Watersrand Local Division) under the case number 09/30052. The main purpose of this application is to instruct the Registrar of Deeds at Pretoria to transfer the property based at PLOT 2/319 Williams Park De Deur, whereon the deponents (the Kunene) reside and which the deponents purchased and completed payment thereof, into the name of the deponents.

25

a.2 i)

INDIGENT APPLICATIONS M.A. GUSHU

Z.L.D.O. assisted M.A. GUSHU, an elderly Male and pensioner of seventy (70) years old, in an application to be registered as indigent with the Midvaal Local Municipality. The application was successful and the indigent number 2078 has been attributed unto him.

ii)

K.G. DLAMINI

Z.L.D.O. assisted K.G. NDLAMINI, an elderly female of fifty five (55) years old, in an application to be registered as indigent with the Midvaal Local Municipality. The application was successful and the indigent number 2077 has been attributed unto her.

b. i)

OPPOSING AFFIDAVITS THE MALOISANEs matter

This matter is registered with the Vereeniging Magistrate Court under the case number 7999/09. It is basically an application purposed for the Eviction of the MALOISANE family from their property. The application was opposed and is to be heard.

ii)

THE KOUAKOUs matter

As per the Motion received, this matter is supposed to be registered with the High court of South Africa (Wit Watersrand Local Division) under the case number 09/12972. It is actually an application for an eviction order purposed for the eviction of the KOUAKOU family from their property. The application was opposed but was never heard.

c. i)

CORRESPONDENCE GUSHUs matter

This correspondence was established with the Midvaal Local Council towards the correction of

26

erroneous and High Water bills issued unto GUSHU. The matter was not attended; It was disregarded.

ii)

VELAKAZIs matter

This correspondence was established with the Midvaal Local Council towards the correction of erroneous and High Water bills issued unto VELAKAZI. The matter was not duly attended as the amount which is claimed to be due after amendment still erroneous and unjustified.

iii)

MWELASEs matter

This correspondence was established with the De Deur Police Services Commissioner as to assist Miss Winnie MWELASE access to justice in a matter wherein she was denied (by the police) the right to report and open a case. As a result of our intervention, she received assistance and a case was opened.

(Correspondences, Motions or opposing affidavits may be made available on request)

IX.

STRENGHT(S)

The virtual strength of Zakheni Land Defenders Organization from its very birth has been its founder and initiator: providing material, financial, intellectual and humanitarian support unto the organization.

X.

CHALLENGES (Z.L.D.O.)

Although works are being conducted and achieved, we are encountering difficulties at certain levels as mentioned below:

27

a)

Office and Office bearers Office

Z.L.D.O. does not have an office as such as yet. From her very birth, Z.L.D.O. has been operating from the domicilia citandi of its initiator and founder: the property situated at Plot 17/323 Koedoe Street:, in De Deur.

Office Bearers

This has been the most challenging section in the history of Z.L.D.O. For, according to the scoop of our work and units, Z.L.D.O. should have at least four (4) stable office bearers to preside over its units and four (4) officers as per its Units. However, we have not been able to satisfy such as yet. We have had office bearers but not the relevant people we need to occupy these posts. Yet, in as much as office bearing is concerned, there has not been a single stable office bearer at Z.L.D.O to this day beside the initiator and secretary. And, this has constitutes a huge handicap unto us, in that it discharges most of the duties onto the initiator and secretary. Hereunder is the list of the office bearers of Z.L.D.O. in the process of time, their respective functions and the duration of their service: 1- Weillington MATTO: 2- H.H. MASHABELA 3- Stembiso ZULU 4- K.J. MICHEL 5- SON of MAN OFFICE MANAGER FIELD MAN N/A MEDIA (EDITOR) OFFICE SECRETARY From 12/01/2009 to 13/03/2009 From 9/02/2009 to 20/02/2009 From 9/02/2009 to 10/02/2009 From 12/01/2009 to 9/04/2009 From 19/03/2009 to Date From 27/03/2009 to 17/08/2009 From 26/01/2009 to 18/02/2009 Since 28 December 2008 to Date From May 2009 to Date

6- Daniel MALOISANE FIELD MAN 7- S ZENGELE 8- Philippe KOUAKOU 9- Faith M. MASEKO MEDIA (REPORTER) DIRECTOR MEDIA

28

b)

Legal standing

Its the main thing we lack; yet the first thing we should have had. For in as much as, we endeavor to place motion and run arguments, un-professionalism costs us a lot at some stages. It costs us the dismissal, or the removal, or the withdrawal of our court applications; and this makes us so vulnerable in the sight of our respondents.

c)

Resources

Here is basically where we fail to duly attain to. As a result, Not a subscription fee, a single monthly fee, Nor a subvention has been received by our office. Actually, Z.L.D.O. has no resources as such to even sustain itself.

XI.

NEEDS

They are enumerated according to our challenges, depicted from empirical experience and numbered with regard to our departments and units.

a)

Resources

Z.L.D.O. needs resources, funds, and money to cope with this materialistic world where money matters; where everything has a price; where every action or service is charged for or paid for. Z.L.D.O. needs be financially able to sustain its own self before all. And, to achieve the latter, it is suggested that its members contribute a certain amount as suggested below: i) ii) Subscription fee of R50 (Fifty Rand) Monthly or Annual fee of R50 (Fifty Rand)

However, in addition to the above, Z.L.D.O might definitely need some subventions from higher authorities, or from institutions, or from companies, or from organizations, or from individuals.

b)

Office, Office Bearers and Equipments

29

Office

Z.L.D.O. needs an office on its own; an office with the following characteristics: i) ii) iii) A spacious office that would be able to contain the minimum of sixteen (16) people. An office that offers rooms for training and workshops (legal & media). An office with the least of Five (5) rooms and that would accommodate at least its four (4) departments/Units

Office Bearers

Z.L.D.O. needs the under-mentioned root team to function properly: i) Four (4) stable office bearers to preside over its Departments/Units namely, its Media Unit, its Legal Unit, its Fieldman/Social Unit, and its Research & Resources Unit ii) Four (4) officers will be needed as per Units/Departments. The preference will be given unto students (in final year of study) for training purposes iii) A director to preside over the four (4) heads of the Units iv) v) i) One Office Secretary One Typist

Equipments Office Equipments:

With regard to the above, the following should be taken into consideration: Tables & Chairs, Shelves, Stationery, Computers, Softwares, etc

ii) Media Equipments Z.L.D.O. has inclined the self more onto the Visual and Audio-visual aspect of Media as to be able to broadcast more powerfully crisis or issues around the community. As for now, its immediate media need would be a Professional Digital Photo Camera.

30

c)

Transport/Logistic

Our experience on the field can advise without any reluctance that Z.L.D.O needs some means of transport for its diverse purposes and to reach out. Here, the preference here is to be given unto a vehicle that can accommodate or curry a crew of sixteen (16) people or less.

d)

Legal or Para-legal Education/ trainings/ workshops

When duly considered, the main problem which Z.L.D.O. is faced with is Legal Standing. However, when scanned properly, Z.L.D.O. is already engaged in advocacy: taking up matters to court, running argument and resolving disputes for certain of its members. Therefore, it is suggested that instead of looking out of Z.L.D.O.s self for legal standing, it would be advisable to educate or train those, in Z.L.D.O., already involved or engaged in such legal activities as legal or para-legal practitioners.

e)

Practice number

Z.L.D.O. needs have a practice number as it will help overcome the challenge of legal standing and offer a legal platform unto practitioners, researchers and students in Law to practice, train and help the community under its wing

XIII.

ESTIMATED 12-MONTH BUDGET

Our experience on the field suggests the following assets and budget for a better performance and service.

A. i)

Assets Office equipment: Tables & Chairs, Shelves, Stationery, Computers, Printers, Softwares,

31

ii) iii) iv)

Vehicle Camera (photo) Cleaning equipments: Vacuum, Brooms, Mops, etc

B. i) ii) iii) iv) v) vi) vii) viii)

Monthly expenditures Office rental (including Water&Electricity) Logistic/Transport Stationery Phone Internet Flash Memories (photo) Maintenance and repairs Cleaning materials R 5000 R 7500 R 1150 R 1200 R 200 R 150 R 1500 R550

Wages (after deductions) i) ii) iii) iv) v) vi) vii) viii) ix) Media Unit Responsible Legal Unit Responsible Fieldman Unit Responsible Research & Resources Unit Responsible Office Secretary Typist Director 2 x Cleaners Honorariums ( for 16 students: R1750/student) R 7 900 R 7 900 R 7900 R 7 900 R 6 700 R 4250 R9 100 R 5400 R 28 000

32

- Unexpected cost (Travel, Meetings, Motor vehicle, etc..)

R 5000

TOTAL =

R 106 300 00 (Per Month)

iii)

Estimated 12-month budget

ESTIMATED 12-MONTH BUDGET is

R 1 275 600 - 00

Prepared by P KOUAKOU The Secretary

33