SJC Annual Report 2014-2015

annual report 2014 / 2015 CONTENTS

Letter from the General Secretary 01 What is the SJC? 02 Our branches 04 The Khayelitsha policing Commission of Inquiry 06 Social Justice Coalition NOAH building, Z 96 Timeline of the Commission 10 Maxama St, Site B, Khayelitsha Campaign for clean and dignified sanitation 14 (+27) 021 361 8160 More campaign work The ‘SJC21’: Challenging apartheid laws 18 [email protected] National organising & community monitoring 19 www.sjc.org.za Urban land justice 20 Leadership and staff 22 @sjcoalition

Annual financial statements 26 social justice coalition Notes 28

Published in July 2015 for the Social Justice Coalition Annual General Meeting.

Production Management: Lesley Odendal Megan Harker

Designer: Gaelen Pinnock Safety and www.scarletstudio.net Cover photo: Shae Herrmann Back cover photo: David Harrison

Registered S18A(1) Public Security for All! Benefit Organisation: 930031506 Registered Non-Profit Organisation: 7 years of fighting for dignity, equality, and justice 067-689-NPO Letter from the General Secretary

On 23 January 2014, I joined nearly still ensure that the Minister takes firm emerged a far stronger organisation, 100 Khayelitsha residents as we action on the recommendations, espe- one ready to take on the tasks that listened to the first day of the public cially those with national implications. face us in the coming year. We must hearings of the O’Regan-Pikoli Com- Only this will guarantee the realisation celebrate the calibre of activism and mission of Inquiry into policing in of safety and justice in the lives of poor leadership our members have shown. Khayelitsha. I was deeply moved – this and working class communities across Their courage and commitment gave moment emerged through the decade South Africa. us the strength to do our best. long struggle of Khayelitsha residents While we celebrated this victory, we I’d like to thank all of those that for safety and justice, years of advo- continued to face the refusals of the supported the SJC this year. There are cacy since the founding of the SJC in City of Cape Town to take the action many people and organisations that 2008, and after more than a year in needed to ensure clean and dignified have been central to our struggles. court battling against the Minister of sanitation in Cape Town’s informal But most of all, I’d like to thank every Police. settlements. SJC member. It is because of you that We listened to the testimony of close Through this struggle, I was one of we had a Commission. It is because of to 100 community witnesses and read ten SJC activists convicted in the Cape you that the SJC has come this far. the statements of many more. For the Town Magistrate’s Court, after organ- very first time, community members – ising a peaceful act of civil disobedi- often through tears – told their stories. ence. We protested because after Amandla! High ranking officials had to account years of failed promises, we could no for their actions, and we came to longer accept the stalling and denials understand some of the difficult condi- of the Mayor about sanitation. We are tions under which police officers work. appealing these convictions because We knew that the struggle to fix the we feel the law that regulates protest Phumeza Mlungwana police service would be a difficult one. is unconstitutional. We refuse to be General Secretary However, we knew very little of the criminalised for a peaceful protest. character of this institution as a com- We have exhausted all avenues of plex, militarised, anti-democratic part attempted engagement with the City. of the state. Informal settlements cannot be treated On 25 August 2014, the Commission as temporary, emergency situations. released its report with clear recom- We need a proper plan for the delivery mendations, which if implemented of sanitation and will take legal action properly will have a major impact on against the City if necessary. The lives all our lives. of our members and poor working Our work did not end on that day. class communities across this city are The Commission clearly showed how at stake. residents of informal settlements lack This year was a difficult one for the the most basic needs to live dignified SJC in terms of our capacity and we and safe lives. We are now working in undertook internal restructuring to cooperation with the police in Khayeli- deal with some of these challenges. tsha, but much is to be done. We must I believe that out of this we have

01 What is the SJC?

For the past seven years, Founded in 2008, the SJC is membership-based social movement made the SJC has worked to up of 12 branches, located mainly in advance the constitutional informal settlements across Khayelit- rights to life, dignity, sha, Cape Town. Our campaigns are based on ongoing research, educa- equality, freedom and tion, and advocacy and divided across safety for all people, but two programmes. The Local Govern- especially those living ment Programme leads the work on sanitation, budgets, and urban land. in informal settlements The Safety and Justice Programme is across South Africa. While focused on policing and the criminal these rights are protected justice system. and promoted by our Constitution, people do not feel them in their everyday lives.

02 Membership

Branches

Executive Council Chairperson’s Forum

Secretariat

GOVERNANCE

STAFF

General Secretary's Oce

Local Government Safety and Justice Operations Programme Programme Department

03 Our branches

Branches are the foundation of the SJC. This year our members N2 participated in sustained leadership training and political BT Branch education programmes, marched RR Nyanga Branch for dignified sanitation, researched PJS BM Branch budgets, and celebrated the THEMBOKWEZI MXOLISI Khayelitsha Commission. PHETANI Greenpoint Branch Members also organised branch VICTORIA NOMQUBELA activities such as public debates, MXENGE sports tournaments, documentary screenings, and drama groups. We CT Branch SST welcomed the launch of two new RR1 Branch EYETHU branches in 2014, PJS and Zweze. Makhaza Branch Khayelitsha KHAYA UMPHABULO GRACELAND TRIANGLE EKUPHUMULINI

MANDELA PARK Zwezwe Branch ILITHA PARK NKANINI Nkanini Branch KUYASA

HARARE

Monwabisi Park

04 Branches are where SJC members meet, educate, and mobilise.

BT Branch RR Nyanga Branch PJS BM Branch

THEMBOKWEZI MXOLISI PHETANI Greenpoint Branch

VICTORIA NOMQUBELA MXENGE

CT Branch SST

RR1 Branch EYETHU Makhaza Branch Khayelitsha KHAYA UMPHABULO GRACELAND TRIANGLE EKUPHUMULINI

MANDELA PARK Zwezwe Branch ILITHA PARK NKANINI Nkanini Branch KUYASA

HARARE

Monwabisi Park

05 The Khayelitsha policing Commission of Inquiry and the struggle to change the Apartheid state

For more than a decade, an Khayelitsha in Cape Town is one of one relates to the alleged rape of a the most dangerous places in South young child. alliance of communities, Africa. In Khayelitsha, at least one per- … it is noticeable that in several of the organisations, and social son is murdered, two people are raped, cases, court proceedings only came movements called for the and almost five assaults with intent to fruition after the campaign waged to inflict grievous bodily harm occur by complainant organisation was police and the state to take every day. Less than 1% of all crimes well underway. … the commission action to improve safety reported at the three police stations wishes to make plain that it should and justice in Khayelitsha. result in a conviction. Khayelitsha is not be necessary for members of the also one of the poorest townships with community to have to launch protest This is the story of that a median income of R20 000 per year, campaigns to obtain justice.” struggle. mainly from extremely low-paying jobs in the service industries or from social grants. More than 50% of households Fighting for the Commission live in informal settlements. in court Led by the SJC, social movements With the Commission’s work well based in Khayelitsha, such as the underway in 2012, the Minister of Treatment Action Campaign (TAC), Police approached the Western Cape Equal Education (EE) and Free Gender, High Court and tried to stop the Com- supported by Ndifuna Ukwazi (NU) mission. He was unsuccessful and and Triangle Project (TP), campaigned appealed in the Constitutional Court in for the Western Cape government to 2013. establish the Commission. Campaigns On 1 October, the Court delivered relating to individual cases of police in- judgment. Deputy Chief Justice Dik- efficiency experienced by TAC, SJC, EE gang Moseneke, writing on behalf of a “ No one walked to and Free Gender members and their unanimous court, held that the Com- school alone…If they families were drawn together into a mission had to continue and noted: came to rob us and we united campaign. were in a group, we Commenting on these cases in its Report, the Commission stated: “ The police service has been entrusted could run in different with a duty to protect the inhabit- ants of South Africa and to uphold directions” No-one could read the above cases “ and enforce the law. The Constitution without a profound sense of dismay. ~ Sifiso Zitwana’s requires accountability and transpar- Three of the complaints concern the testimony to the Commission ency in governance. It establishes a brutal murders of young women, general framework for oversight as two of the three also involving rape. well as specific mechanisms through Two of the cases concern community which a province may exact account- members who were shot by mem- ability. The complainants [SJC, TAC, bers of SAPS in Khayelitsha, while EE, TP and NU] sought to invoke these going about their daily business and

06 oversight mechanisms which will be even some police officers, this was the suburbs, with an average murder rate best served by a commission en- first time they were able to tell their of 6 per 100 000 people have one po- trusted with powers of subpoena over stories. Many people broke down and lice officer for every 232 residents. The members of the police service.” cried as they did so. ten most dangerous suburbs, all black The community of Khayelitsha and and coloured working class areas, The judgment also set the first prec- the members of our organisations with an average murder rate of 84 per edent on the powers and duties of the were also given a sense of their own 100 000 people have only one police police, the right of communities to hold power when South African Police officer for every 1153 people. Harare police accountable and the duty and Services (SAPS) officials, from local in Khayelitsha, which had 164 murders right of a province to protect its resi- Station Commanders to SAPS Na- in between 2013 and 2014, has one dents from violent crime. This means tional Management and the Provincial police officer for 1702 people; while that local communities anywhere in Commissioner, had to give evidence in Claremont, which had 0 murders in the the country can demand that provinces public, account for their failures, and same period, has one police officer for take the responsibility to ensure effec- face rigorous cross-examination. every 281 people. tive, efficient and honest policing. On 29 May 2014, all parties delivered The Commission identified numer- their final arguments. ous systemic problems with the way Public hearings The Commission opened the vaults the police operate, but also heard The Commission’s first phase of public of secrecy by accessing more than about the challenges faced by police in hearings began on 21 January 2014. 50 000 pages of documents from the carrying out their duties and remained Between January and May, over two SAPS Khayelitsha, as well as from pro- sensitive to these. Colonel Marais, main phases, we heard testimony from vincial and national government. This Detective Commander at Site B Police hundreds of people including com- is now contained in a public electronic Station, testified about the unbearable munity members, experts, and police database, a crucial resource. workload his detectives faced. officers. The evidence was at times A key finding of the Commission difficult to hear and painful. It included related to the irrational and unfair accounts of gross violations of the allocation of human and material rights to life, human dignity, equal- resources. The ten safest suburbs in ity, freedom and security, amongst the City of Cape Town, all established others. For Khayelitsha residents and largely white middle and upper class

07 The Commission set a deadline for Laying the foundation for “ There are 5000 open dockets in permanent change for this “uncon- the branch, which means that each scionable state of affairs”. The reali- participatory government and an docket-carrying investigator has be- sation of this goal will mean that our accountable police service tween 150 and 160 dockets…He said organisations will have achieved radi- that some of his murder investigators cal change in less than five years in a The recommendations of the Com- are carrying as many as 150 murder process that has eluded the govern- mission, released in its final report dockets” ment for more than two decades. on 25 August 2014 in Khayelitsha, are The Commission was the result of a far-reaching and both practical and To some small degree, the Commis- system-changing. The Commission sion helped humanise members of variety of strategies, including research, education, and public and legal radically altered the nature of partici- SAPS as people struggling to work in a patory government in the sphere of system that is seriously flawed. advocacy. Our attorneys came from the Legal Resources Centre and we safety, policing, and justice. Its recom- The final report of the Commis- mendations require participation in sion stated it in this way: were fortunate to work with some of the best advocates in the country: Pete areas such as school safety, provision Hathorn and Ncumisa Mayosi. They did of adequate street lighting and gang “ One of the questions that has most outstanding work and fought along- prevention. troubled the Commission is how a side our organisations in ensuring the The recommendations also prompt- system of human resource alloca- Commission went forward. ed the appointment of a new Clus- tion that appears to be systematically SJC and NU led the team, which ter Commander for the Khayelitsha biased against poor black communi- gave instructions to our legal team. Cluster. The new Cluster Commander ties could have survived 20 years into NU researched the legal framework invited SJC, NU, EE, other community- our post-apartheid democracy. In the for the initial complaint to the Premier based organisations and provincial view of the Commission, the survival and helped frame the context for a and City government departments into of this system is evidence of a failure Commission of Inquiry. NU also guided a joint forum with SAPS. As one of the of governance and oversight in every SJC and EE in gathering more than 70 first forums of its kind, it is charting a sphere of government.” (p.394) community affidavits and data on the new way for participation in fixing the levels of crime in Khayelitsha, sys- police. The joint forum contains sub- temic problems with the police and the forums dealing with vigilantism, alco- For more information about the specific needs of vulnerable people, hol and drug abuse, road safety, youth Khayelitsha Commission of Enquiry: particularly refugees, asylum-seekers gangs, business crime, and violence www.khayelitshacommission.org.za and immigrants and the LGBTI com- against women and children. munity. For SJC, the new phase in 2015 moves towards one of greater partnership and cooperation, particularly with SAPS Khayelitsha. This however will depend on whether the National Min- ister of Police acts on the Commission recommendations. So far he has not responded to the Commission’s report. Remedying more than 350 years of police inefficiency, mismanagement, brutality and incompetence will be the work of more than another decade. Now we are working with government to address the police service and ensure that people enjoy the rights to life, security, and dignity. The police in South Africa, like many other parts of the state, are a legacy of Apartheid. Now, the groundwork has been laid to change it.

08 “It is important therefore to remind ourselves throughout the workings of this Commission of Inquiry; lest we all forget as we perform our various roles towards its proper functioning; that this Commission is about the interests of real people who have names; families; aspirations; and are entitled to the same constitutional protections as you and I…Some of these families are here today. They wish to tell this Commission that although it may be too late for Zoliswa and Nandipha to enjoy the most basic of human rights - the right to life; human dignity; equality; freedom and security of person - it is not too late for their families and fellow members of the Khayelitsha community.”

Opening statement given by Advocate Ncumisa Mayosi on behalf of the complainant organisations at the O’Regan/Pikoli Commission of Inquiry into Policing in Khayeltisha 23 January 2014 Khayelitsha Commission 4 October 2011 2008 At a picket of more than 600 people, TIMELINE MEC Plato receives a memorandum The SJC is founded in response to the once again requesting an xenophobic attacks of 2008. Soon after, independent investigation. The O’Regan/Pikoli Commission the SJC starts developing a campaign of Inquiry into Policing in for digniﬁed sanitation and safe Khayeltisha was established in communities. The calls of Khayelitsha 13 October 2011 28 June 2012 residents and civil society for proper 2012, but the history of the Khayelitsha civil society SJC holds a night vigil for lives lost to action to be taken on safety are largely Commission lies in more than a organisations meet with Western vigilante violence. A SAPS report states that ignored. Years of deep-rooted systemic decade of struggle for safety Cape Premier Helen Zille and MEC in a period of 14 months between 2011 and issues push the SJC and other civil and justice in Khayelitsha. Plato to discuss our memorandum. It 2012, 78 people lost their lives to vigilante society organisations to call for a formal was agreed in principle that an violence in Khayelitsha. Many said that investigation into policing in Khayelitsha. investigation would lead to better people were taking the law into their own 13 December 2003 policing and safety. The Premier hands because they had lost all hope in the indicated that she was waiting for police. TAC activist Lorna our organisations to lodge a formal Mlofana is raped and complaint. murdered

EARLY CAMPAIGN

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

4 February 2006 23 September 2010 28 November 2011 22 August 2012 Zoliswa Nkonyana Premier Zille announces the is murdered At a picket of more than 500 people at the Khayelitsha civil society Provincial Legislature, Khayelitsha Commission of Inquiry. The Early 2000s organisations lodge the formal organisations call for then Western Cape complaint (based on a decade of Commission’s terms of reference Treatment Action Campaign (TAC) 16 December 2005 MEC for Community Safety, Albert Fritz, to evidence) in terms of Section 206 of were to: investigate allegations of a begins to advocate for better policing, TAC activist Nandipha launch an independent investigation into the the Constitution. The complaint was breakdown in the relationship access to justice and safer Makeke is raped and continued failures of the Khayelitsha sent to the police, who largely between the police and the communities in Khayelitsha. TAC held murdered criminal justice system. ignored it until June 2012. This was community of Khayelitsha and marches and protests, submitted the first time that communities and ineective policing in the area. memoranda to the police and civil society have used this provision government, monitored court cases in our Constitution. and assisted victims of crime. October 2012 30 September 2010 Despite dierent fields of focus, our MEC Fritz indicates that this process organisations had been united by Then Minister of Police Nathi will happen. No developments take addressing crime, violence and an Mthethwa and Premier Zille place and in 2011 Dan Plato under-resourced, overworked and meet to discuss the Commission becomes the new MEC for often non-responsive police and and the Minister urges the Community Safety. justice system in Khayelitsha. Premier to not proceed with the Commission. Khayelitsha Commission 4 October 2011 2008 At a picket of more than 600 people, TIMELINE MEC Plato receives a memorandum The SJC is founded in response to the once again requesting an xenophobic attacks of 2008. Soon after, independent investigation. The O’Regan/Pikoli Commission the SJC starts developing a campaign of Inquiry into Policing in for dignified sanitation and safe Khayeltisha was established in communities. The calls of Khayelitsha 13 October 2011 28 June 2012 residents and civil society for proper 2012, but the history of the Khayelitsha civil society SJC holds a night vigil for lives lost to action to be taken on safety are largely Commission lies in more than a organisations meet with Western vigilante violence. A SAPS report states that ignored. Years of deep-rooted systemic decade of struggle for safety Cape Premier Helen Zille and MEC in a period of 14 months between 2011 and issues push the SJC and other civil and justice in Khayelitsha. Plato to discuss our memorandum. It 2012, 78 people lost their lives to vigilante society organisations to call for a formal was agreed in principle that an violence in Khayelitsha. Many said that investigation into policing in Khayelitsha. investigation would lead to better people were taking the law into their own 13 December 2003 policing and safety. The Premier hands because they had lost all hope in the indicated that she was waiting for police. TAC activist Lorna our organisations to lodge a formal Mlofana is raped and complaint. murdered

EARLY CAMPAIGN

2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

October 2014 14 January 2013 SAPS invites SJC, other civil society Judgment is delivered and a split organisations, government decision dismisses the SAPS departments and other Khayeltisha application, allowing the Commission stakeholders to be part of a Joint to continue. 23 January 2014 Forum to further the work of the Commission and its 1 February 2013 Commission public hearings begin at Lookout Hill in Khayelitsha. recommendations. The Joint Forum SAPS make an application to the 6 August 2013 consists of 8 sub forums: vigilantism, Constitutional Court to appeal Residents of Khayelitsha attend Constitutional Court case is heard alcohol and drug abuse, road safety, against the High Court ruling and every day. Between January and May, 25 August 2014 and on 1 October 2013 judgment is youth gangs, business crime, stop the Commission’s work. the Commission hears from more Commission publically releases the delivered. The Court dismisses the violence against women and than 100 witnesses: Khayelitsha report in Khayelitsha. Residents hold SAPS application with costs. The children, and research. residents, police, government a celebratory march to Lookout Hill highest court in the country ruled the o cials and experts. The full record to receive it. Commission must go ahead. of all the information supplied is EARLY CAMPAIGN CAMPAIGN more than 50 000 pages.

2012 2013 2014 2015

FIGHTING IN COURT THE COMMISSION IMPLEMENTING THE RECOMMENDATIONS

8 November 2014 November 2012 The Joint Forum hosts a summit at the 21 January 2014 Minister Mthethwa and the SAPS go University of Cape Town attended by many to court to declare the establishment 29 October 2013 Commission begins its public phase senior police o cers, activists and researchers. of the Commission unlawful. On 13 of work, conducting site inspections The Commission holds its ﬁrst December 2012, the case is heard of Khayelitsha police stations and Engagement with the new Minister of Police, preliminary sitting and explains how before a full-bench of the Western crime hotspots. The Commission had Nkosinathi Nhleko, begins for his o ce to it will gather evidence and proceed. Cape High Court. also been collecting evidence and formally recognise the Commission’s hundreds of individual testimonies report and to get

PHOTO: SHAE HERRMANN for months before the public commitments and plans hearings. 29 May 2014 to implement the Lawyers for all parties deliver their recommendations. ﬁnal arguments and the public hearings are completed. The Commission breaks to write its report. Khayelitsha Commission TIMELINE

2012 2013 2014 2015

FIGHTING IN COURT THE COMMISSION IMPLEMENTING THE RECOMMENDATIONS

Toilets in informal For residents, using a toilet can be Since 2009, the SJC’s sanitation cam- one of the most dangerous things you paign has focused on three areas: settlements are not can do. Many have been mugged or private spaces where assaulted trying to use a toilet and 1. the need for a reasonable plan for a grandmother, a child, there is constant fear of being raped. safe and clean sanitation in infor- The rights to human dignity, freedom mal settlements or any other person can and security of the person are among 2. the implementation of a plan for undertake one of the most the most basic rights and freedoms a janitorial service for communal basic human functions. violated when using toilets in informal flush toilets settlements in Cape Town. 3. the demand that the City monitors Many, who have no access According to the City’s data, roughly and ensures the adequate delivery at all, still use the nearest three quarters of all toilets it has of services where they are out- field or bushes. provided since 2007 are temporary sourced facilities that are distributed through private service providers. Yet, the The City fails to keep its promises majority of informal settlements have to plan for informal settlements existed for more than 15 years. In long-term environments, the City has Cape Town Mayor, Patricia De Lille, prioritised the delivery of temporary took up the SJC’s demand for a janito- services meant for emergency condi- rial service for communal flush toilets tions. in informal settlements in 2012.

In Cape Town In Khayelitsha 66% of informal settlement clusters in Cape Town 29 000 homes are older than 15 years 1/3 people of households have 100 000 no access to water Have no access to 80% any sanitation facilities of informal settlement clusters in Cape Town are older than 10 years 48 000 homes 1/4 of households have no access people 168 000 to a ﬂush toilet connected 4% Still use bucket latrines. to a sewage system are less than ﬁve years old

LEFT: CITY OF CAPE TOWN INFORMAL SETTLEMENTS ABOVE: SEEKINGS REPORT TO KHAYELITSHA COMMISSION DEVELOPMENT MATRIX. ABOVE: CENSUS 2011 An effective janitorial service has Following the civil disobedience, On 11 September 2013, the potential to dramatically improve the Mayor agreed to host a janitorial conditions and access to toilets through services summit in order to develop the 15 SJC activists and maintaining public, shared toilets. Only janitorial plan. The summit, held on 28 leaders staged an act of two other municipalities in the country, February 2014 (more than 18 months civil disobedience – eThekwini and Overstrand, had this after she first promised to do so), was service. to be an important step forward. they chained themselves For 18 months, Mayor De Lille kept But on the day, Cllr Ernest Son- to the railings outside promising to develop a janitorial plan nenberg, MAYCO member for Utilities and repeatedly admitted that the City Services, tried to derail the summit. the Civic Centre. They had failed to implement it properly. The summit did not produce the plan, demanded the Mayor of We wrote a constant stream of letters but after heated disagreements, we Cape Town uphold her and emails to City officials and made emerged with another commitment countless telephone calls to all levels from the City to do so. commitment to develop of the City – from the Mayor’s office to a plan for the janitorial the faceless call-centres. We attended The SJC and NU hold social audit service and refused to meetings and organised protests. The on janitorial services anger, desperation and frustration of leave until she addressed our members and the community at Four months later in July 2014, still them. 21 people were large at being forced to use dehuman- with no plan and after more stalling ising, degrading and unequal toilet from the City, the SJC, NU, residents of arrested that day. facilities, and in many instances, no fa- Khayelitsha, and partners from around cilities at all, cannot be underestimated. the country, undertook a social audit Despite our continued attempt at en- on the janitorial service in Khayelitsha. gagement, the Mayor and her officials This was the third social audit the SJC did not keep their promises. With every had done since 2013. month that went by, they became more antagonistic and denialist.

In Cape Town In Khayelitsha 66% of informal settlement clusters in Cape Town 29 000 homes are older than 15 years 1/3 people of households have HARRISON DAVID BY PHOTO 100 000 no access to water Have no access to 80% any sanitation facilities of informal settlement clusters in Cape Town are older than 10 years 48 000 homes 1/4 of households have no access people 168 000 to a ﬂush toilet connected 4% Still use bucket latrines. to a sewage system are less than ﬁve years old

LEFT: CITY OF CAPE TOWN INFORMAL SETTLEMENTS ABOVE: SEEKINGS REPORT TO KHAYELITSHA COMMISSION 15 DEVELOPMENT MATRIX. ABOVE: CENSUS 2011 After the City of Cape Town failed to keep its promise to develop a janitorial plan, we conducted a social audit of the janitorial service for communal flush toilets in informal settlements.

More than 80 residents, and partners from around the country, audited hundreds of toilets and interviewed residents and janitors. The findings were dire. A quarter of the toilets were unusable, janitors and residents faced life-threatening risks, and every day the rights to equality, dignity, and safety were being violated.

The full Report of the social audit into the Janitorial service for communal flush toilets in Khayelitsha, Our Toilets Are Dirty is available at: http://nu.org.za/wp-content/uploads/2014/09/Social-Audit-report-final.pdf The janitorial service social audit tion in informal settlements and would included comprehensive inspections not produce one. The City also then of 528 flush toilets and nearly 200 announced that it was scaling back interviews with residents who use the the janitorial service in some areas facilities and janitors who clean the due to operational difficulties, blaming toilets. More than 80 people, rep- the affected communities themselves, resenting a number of civil society rather than taking responsibility for organisations from across the country, inadequate planning. participated. We want a city that is just and a The social audit culminated in a society where equality is made real public hearing where communi- in the lives of every woman, man, and ty members presented their evidence child. We want a government that is and asked their elected leaders the accountable and that gives effect to question: Why is a highly funded ser- our constitution. What is a vice that could have a major positive The City has refused to take the impact on people’s lives not being fully required action to make this real. It is delivered? likely that it will now have to explain social audit? The final social audit results were its actions to a court. released in a report in Khayelitsha on 1 October 2014. The report showed Budget justice how the service remained haphazard, A social audit is a civil poorly implemented, and regularly A plan for sanitation must be accom- ineffective. Amongst other things, a panied by adequate and equitable society driven process that quarter of toilets in informal settle- spending – particularly capital spend- encourages community ments were in an unusable state: only ing for sanitation infrastructure. participation for one in eight janitors was inoculated With NU and the International against disease as required by City Budget Partnership, we have been monitoring government janitorial service documents, and educating ourselves about how the service delivery and janitors were under severe risk due to City’s budget works, how government lack of training and protective equip- spends public money, how people can expenditure. Social audits ment. participate in the budget, and exactly began in India more how much money is set aside for toi- than 20 years ago. Since lets. This has included over six months The toilets are dirty of training of more than 60 activists then they have been “ from Khayelitsha and NU and SJC staff used as an important and we have kids and during 2014 and 2015. The City’s budget is unreasonable tool for enhancing these toilets affect their health.” and unconstitutional. Our research grassroots participation shows that capital allocations for ~ Resident, BT Section water and sanitation infrastructure to and monitoring the informal settlements are dispropor- accountability of tionately small and decreasing. government spending. We called for immediate remedial It is also extremely difficult to par- action, a janitorial plan, and a plan for ticipate in the budget process. Lead- The process allows sanitation in Cape Town’s informal ing up to the tabling of the 2015/16 communities to settlements. City budget, the SJC and NU will be understand, measure, But following the release of the re- facilitating the collection of budget port, the City attacked the SJC and the submissions from Khayelitsha resi- verify, report and social audit method. dents. Public participation is of par- ultimately contribute to Only after threatening the City with ticular importance for people that have legal action, Cllr Sonnenberg respond- historically been excluded. They must improving government ed in January 2015. He confirmed that not only have a chance to speak, they performance. the City did not have a plan for sanita- must be listened to.

17 The ‘SJC21’: Civil disobedience and challenging Apartheid laws

Following a peaceful act of On 11 February 2015, 10 SJC leaders to the protest. She explained that the were convicted on the charge of con- protest was peaceful, that no harm civil disobedience, ten SJC vening an illegal gathering under the was caused, and that nobody resisted leaders were convicted Regulation of Gatherings Act. Another arrest. of organising an illegal 11 were acquitted of all charges. From the start of the trial we did This was the judgment at the Cape not deny that we held the protest and gathering. We are now Town Magistrate’s Court in the case of admitted all the facts. As such, we challenging the law under 21 SJC activists arrested for a peace- expected the ten would be convicted. which we were convicted. ful protest at the Mayor’s office in Sep- They were cautioned and discharged – tember 2013. On that day, SJC activists the minimum sentence the court could It is an Apartheid law that chained themselves to the railings impose. criminalises those using outside the office of Mayor De Lille, de- The Constitution guarantees eve- their right to peaceful manding she uphold her commitments ryone the right to assemble peace- to produce a janitorial plan. fully. The Gatherings Act criminalises protest and freedom of In the judgment, the Magistrate peaceful protest – especially for poor assembly. described the years of attempting to and working class communities strug- engage with the City of Cape Town gling for dignity and equality. It makes on the sanitation crisis facing Cape criminals of people who, like us, were Town’s informal settlements that led merely exercising the democratic right to protest. If 16 people walk down the pavement to take a petition to their local councillor without giving notice, they commit a crime. Receiving a criminal record for a peaceful gathering of more than 15 people is unconstitutional. The Magistrate’s Court does not have jurisdiction to hear the constitutional argument. The SJC will consequently be taking the convictions on appeal to the higher courts and challenge the law. Exercising our rights is not a crime. Apartheid laws must change. The SJC is represented in this case by the Legal Resources Centre (LRC).

18 18 National organising and building community monitoring

A National Summit Community monitoring in South Training to Health Initiatives (SATHI) in Pune, Samarthan in Bhopal and In April 2014, the SJC hosted the Africa Telangana’s Society for Social first National Summit on Water and Our social audit on ‘Mshengu’ chemi- Audit, Accountability and Transparency Sanitation, bringing together over one cal toilets, held in April 2013, was the (SSAAT). We are using the outcomes of hundred civil society organisations, subject of a year-long investigation by this international exchange for teach- communities, social movements, re- the SAHRC. The SAHRC released its ing and learning on social audits. searchers, lawyers, and stakeholders report on 9 July 2014. Going forward we we will be expand- from around the country. Key findings and recommendations ing our own social audit methods, in The attendees heard from a number of the report included that the City particular using localised social audits of speakers including, Pregs Goven- violated the rights to sanitation, equal- across Khayelitsha to verify govern- der, Deputy Chairperson of the South ity and dignity of informal settlement ment data and to build democratic African Human Rights Commission residents and that the use of tempo- power in communities to monitor (SAHRC), Thabo Makgoba, Archbishop rary sanitation services over the long services and hold local government of Cape Town, and Joconia Rahube, term is racially discriminatory against accountable. We are doing this togeth- the brother of Osiah Rahube, who was black African people in the City of Cape er with the development of a com- shot and killed during water protests Town. The City appealed the report and munity driven fault reporting system in Madibeng in January 2014. on procedural grounds the report was for toilets in informal settlements. We Participants discussed the challeng- sent back to the Western Cape SAHRC are now piloting this new technology in es of inadequate sanitation, the recom- office for further investigation in 2015. Khayelitsha. mendations of the SAHRC’s national Over the past year we have also Water and Sanitation Report, and the been working to incrementally expand role of community organisations and monitoring methods such as social government in the struggle for proper audits, in South Africa. We continue One of the main water and sanitation facilities around to work with partners from around the country. the country and train activists and outcomes of the During October 2014, SJC staff then community members in social audit summit was the travelled across four provinces – methods, particularly through includ- Limpopo, Gauteng, KwaZulu-Natal, and ing them in our own social audits. beginning of the the Eastern Cape – to engage, learn In 2014, the SJC was part of an and organise on water and sanita- international delegation that went to development a tion across the country. We are now India to engage with several pioneers People’s Plan for working with communities, sanitation of social audits and community based experts, budget specialists and other planning. This was supported by the Water and Sanitation, stakeholders to develop the People’s Heinrich Böll Foundation in South Af- Plan, which can be used to advocate rica, Soros Foundation in Kazakhstan a roadmap for and plan for clean and safe sanitation and the International Budget Partner- sustained organising for all people in South Africa. ship. From 16 to 26 November 2014 we visited Support for Advocacy and across South Africa.

19 Urban land justice: where the right to life depends on where you live

South African cities have The majority of Cape Town’s 3.7 mil- The 7th Annual Irene Grootboom lion people remain in townships on the been shaped through outskirts of the city, far from socio- Memorial Dialogues centuries of dispossession economic opportunities and resources, Since 2008, the SJC has hosted an and the ongoing struggle in areas that lack even the most basic annual dialogue series in memory of for urban land. Nowhere is needs for safe and dignified lives. Irene Grootboom – an activist who On 2 and 3 June 2014, several hun- played an instrumental role in the this clearer than in Cape dred residents of Cape Town, watched struggle for housing in poor communi- Town. The city’s race and their homes being demolished in ties. These dialogues bring together class segregation is a Lwandle, near Strand. An area as large community members, activists, aca- as six soccer fields was cleared. demics and practitioners from a num- primary legacy of Apartheid, Poor and working class families ber of fields to discuss some of the but has been maintained were pushed behind barbed wire to most pressing issues facing the city. and worsened by watch their homes being destroyed. For the third year running, the dia- These evictions left hundreds des- logues were jointly hosted by the SJC successive post-Apartheid titute. Together with NU and Equal and the African Centre for Cities based administrations. Education, we coordinated the hu- at the University of Cape Town. manitarian response for the hundreds of people left homeless. A year later, many of those evicted are still desti- tute and without homes. “ When I came back from school, I returned to our shack to find that our entire home had been destroyed. All our possessions had been destroyed. All I had was the school uniform I was wearing and my schoolbooks.” ~ Florence, learner from Lwandle, 6 June 2014.

20 The 2014 dialogues, held in Khayelit- Objecting to land sales by local located land must be prioritised sha and City Hall, dealt with the history with the recognition of government’s of urban land and dispossession, the and provincial government obligations on constitutional rights, impact of spatial Apartheid on the On 26 March 2014, Minister Carlisle, particularly those of marginalised and majority of the city’s residents, and then Western Cape MEC for Transport vulnerable residents. whether there are ways that all people and Public Works, held an ‘Investors’ Bringing affordable housing inside can have equal rights to the city. conference, to showcase central prop- the city also has important long-term Over four dialogues, hundreds of erties the province was making avail- economic benefits. People need to live community members, activists, aca- able for sale and lease. On 17 October closer to the places that they work and demics and practitioners, discussed a 2014, a notice calling for comment or to the social and economic resources variety of issues including densifica- representation on the proposed sale of the city. tion, expropriation, evictions, and inter- of a significant amount of City-owned We are now working with our part- national experiences of land struggles. land was published in the Cape Times. ners to improve our understanding of The SJC and its partners lodged how much land is available, where it is located, who owns it and what plans “The Province’s actions formal, written objections – both to the Western Cape Government and the local government has in regard to with regard to these City of Cape Town on the sale of this urban land. We are also building our properties are unlawful in central land in Cape Town. We called understanding of recent laws such as on the City and Province to halt the the Spatial and Urban Land Manage- terms of the Constitution. proposed sale of land until such time ment Act (No. 16 of 2013) SPLUMA, The Province must halt as a broader plan to deal adequately which advocates spatial justice in the planning and use of urban land. this process and consult with the urgent spatial planning and housing needs of the City is developed. It is imperative that we reverse with local and national Improving access to centrally Apartheid spatial planning. This must government with regard be done urgently. to using this land as part of a broader plan to deal adequately with the urgent spatial planning and housing needs of the City.”

From joint objection by the SJC, NU, and EE to the Western Cape Provincial Government.

21 PHOTO BY DAVID HARRISON DAVID BY PHOTO Leadership and staff

The SJC’s Executive The Secretariat – elected every two Legal defense fund years – is tasked with overall political Council consists of the leadership in support of management. In October 2012, Angy Peter and Isaac elected Chairpersons The General Secretary and Deputy Mbadu, both SJC staff members at and Deputy-Chairpersons General Secretary are employed full the time, were charged with murder time in the organisation. The General and kidnapping. Since then they have from each branch, and the Secretary’s office coordinates the day- maintained that the charges brought Secretariat. It is the highest to-day work of the SJC and provides against them were fabricated. The SJC decision making body in overall leadership on political educa- was shocked and deeply saddened tion, governance, and branches. when, on 1 October 2014, they were the organisation between In the past year, the SJC went convicted in the Western Cape High Annual General Meetings. through significant organisational re- Court. structuring from a departmental staff This case has been one of the most structure to our current and modified difficult situations faced by the SJC. programme structure. Major new ap- We raised over R2.4 million for their pointments included two programme defense and worked with their lawyers heads and senior researchers. Dur- for two years in the hope that they ing April 2015 we employed four new would be exonerated. Amnesty Inter- Community Advocates as well as a national, Freedom House, as well as Local Government Programme Ad- many of our existing donors and oth- ministrator. Xoliswa Mbadlisa stepped ers, contributed significantly towards down from her position as Deputy their defense. Angy and Isaac will be Chairperson when she was appointed taking their case to the Supreme Court as a Community Advocate. of Appeal. The SJC will respect the The SJC’s Operations Department outcome emerging from this process. manages our finance, human resources, and administration. Over the past year, we appointed a new Operations Manager and have placed consider- 24 staff able resources towards improving our members financial management systems and oversight. We continue to use Cathy manage the Masters Development Services for all our bookkeeping and the SJC is au- day-to-day dited annually by Braude Gordon & Co. work of the SJC

22 This year the SJC restructured. Now our campaigns are managed through two programmes, Local Government and Safety and Justice.

23 Leadership and staff

Secretariat: General Secretary’s oce:

Chairperson Deputy Chairperson General Secretary Deputy General Nkosikhona Swartbooi Xoliswa Mbadlisa Phumeza Mlungwana Secretary

Dustin Zingisa Mrwebi Kramer

Communications & Branch Organiser Political Education Zukisa Klaas Coordinator General Secretary Deputy General Secretary Joel Bregman Phumeza Mlungwana Dustin Kramer

Operations Department:

Treasurer Co-opted member Andrew Ardington Mandisa Shandu Operations Manager Administrator Siham Surve Tembakazi Gxanase

Co-opted member Co-opted member Oce cleaner Security Ocer Thabisa Mfubesi Zackie Achmat Nobesuthu Kilo Tobile Funani

24 Local Government Programme:

Head of Programme Senior Researcher Programme Administrator Junior Researcher Axolile Notywala Zenande Booi Ntuthuzelo Vika Thozama Mngcongo

Community Advocate Community Advocate Community Advocate Community Advocate Zukiswa Qezo Luthando Tokota Zingisa Mrwebi Nosphelele Msesiwe

Community Advocate Xoliswa Mbadlisa

Safety & Justice Programme:

Head of Programme Senior Researcher Community Advocate Community Advocate Chumile Sali Dalli Weyers Khanyiswa Gxotani Malwande Msongelwa

Community Advocate Community Advocate Community Advocate Nomthetho Ndzima Nontando Mhlabeni Siﬁso Zitwana

25 Annual financial statements As at 28 February 2015 Registration Number 067-689 NPO

The SJC emerged out of a difficult financial period during 2013 and 2014. We have recovered well and in 2015 are in a good position to continue our work.

Statement of Financial Position

Figures in R 2015 2014

Assets:

Non-Current Assets Property, plant and equipment 73,950 78,657

Current Assets Cash and cash equivalents 3,316,951 2,304,126

Total Assets 3,390,901 2,382,783

Equity and Liabilities:

Equity Accumulated surplus 2,866,923 2,075,650

Current Liabilities Trade and other payables 523,978 307,133

Total Equity and Liabilities 3,390,901 2,382,783

26 Detailed Income Statement Figures in R 2015 2014

Income: Grants and Donations 8,672,480 6,405,208 Membership fees 2,310 - Sundry income 74,276 32,783 8,749,066 6,437,991 Other Income: Interest received 124,095 40,945

Total Income: 8,873,161 6,478,936

Expenditure: Accounting fees 106,521 80,090 Auditors' remuneration 21,160 19,380 Bank charges 3,785 12,280 Communications 96,505 189,093 Computer expenses 14,425 9,100 Consulting fees 56,131 - Depreciation 41,933 36,712 Insurance 18,426 13,383 Legal Defence expenditure 1,468,358 416,370 Legal fees - 3,221 Local government programme 718,371 591,175 Organisational governance 150,736 78,747 Other education and activities 10,732 112,971 Printing, materials and stationery 65,839 147,416 Recruitment Services 40,590 - Refreshments 18,202 1,570 Rent and services 50,370 69,570 Safety and Justice Programme 1,794,865 1,050,679 Sta costs 3,335,714 3,299,010 Security 13,377 - Sta welfare and development 12,253 10,310 Travel and transport 37,099 - Unallocated cash - 105,893 Workman's Compensation 6,496 22,533 8,081,888 6,269,503

Surplus for the year 791,273 209,433

27 NOTES: We would like to thank our institutional funders and every individual and organisation that contributed so generously to our work this year.

This year has not been easy, but with the support of our donors and partners, we will continue working towards dignified and safe communities in Cape Town and South Africa.

Viva SJC Viva! safety and security for all!

7 years of fighting for dignity, equality, and justice

Social Justice Coalition NOAH building, Z 96 Maxama St, Site B, Khayelitsha (+27) 021 361 8160 [email protected] www.sjc.org.za

@sjcoalition social justice coalition