CAPE TIMES THURSDAY, JANUARY 30, 2014 INSIGHT 13 USING HINDSIGHT TO ORGANISE BETTER The itch in Madiba’s ear Grassroots service solutions signals the deafness of Paul Hendler prepaid basis, although there are some Rules require tenants people who can’t afford to buy electricity. A QUARTER of our population live in dis- Sanitation services are sometimes irregu- persed informal settlements which are to pay their rentals, lar and solid waste is dumped in contain- politicians disconnected from urban social services ers and the municipality is meant to col- and amenities, have lower service levels but... they provide lect these twice a week – often this is only than formal townships, are poorly main- once a week, and they do not supply tained and have a high fire and flood risk. rental relief; where enough bags. IN A Unsurprisingly, many protest (sometimes As a developer and property manager, STATE with destructive consequences), aiming to defaulters are able to Amakhaya Ngoku has facilitated a trans- improve and rectify the level of basic formation of the housing circumstances of Peter Wilhelm services as well as exercise their access to afford payments but a limited number of people – there is little social services and amenities. time for considering bigger issues like the In the 1970s and 1980s, similar large- do not co-operate, they integration of Masiphumelele with the THE RABBIT in the Madiba memorial scale protests included a demand for vot- nearby business, commercial and recre- statue at the Union Buildings has ing and other democratic civil rights have had once to ational centres. Its delivery model works – caused a furore. because there were political obstacles to an important lesson for informal settle- The late icon stands glaring out with changing material living conditions in evict people, which has ment communities attempting to make the peaceable determination – just as one segregated townships. Now, under a dem- transition from informal structures to for- would expect. However, tucked into his ocratic dispensation, primarily economic led to tensions mal, institutionally managed housing. ear is a tiny bunny, for which the sculptors obstacles to overcoming persistent poverty Both Amakhaya Ngoku and the Lan- (André Prinsloo and Ruhan Janse van and degraded living conditions raise the grug Network face the risk of being cut off Vuuren) have apologised, on the basis that question whether there is another way for from their base constituencies as they the mini-mammal was by way of a communities to organise. structed to prevent wash-away of shacks develop into more formalised structures signature. Two grassroots organisations used during winter rainstorms. that assume co-responsibility with munic- Do I believe them? At least they owned negotiations with local municipalities for Technical assistance for the upgrading ipal authorities: up and immediately grovelled. In 1911 – improved basic services and housing. project was provided through two aca- First, Amakhaya Ngoku as a company when the Mona Lisa was stolen from the Could this be a forerunner of more cre- demic institutions as well as the Commu- has shareholders that are also their cus- Louvre – the first suspects were Pablo ative interactions between local govern- nity Organisation Resource Centre (Corc), tomers, 21 households of which recently Picasso and Guillaume Apollinaire. ments and empowered communities in an NGO supporting the ISN. Corc’s and refused to pay their rentals. They managed Neither did the deed and the painting was the future? A precondition is that munici- ISN’s organisation-building strategy this risk by a combination of talking and undamaged by the time it turned up a pal governments listen to and support – emphasises engagement with municipali- firm action that led to legal evictions. The couple of years later. with finances – the emergence of creative ties by grassroots community representa- fact that Amakhaya Ngoku survived this The shadowy thief did not, for and accountable organisation at tives at all crucial decision-making points, issue and is preparing to complete the proj- example, scrawl some celebrity’s name community level. to drive infrastructure and services ect for the remaining 120 families is an across the bottom – say “Leonardo After a fire had destroyed around 400 upgrading: the communities bring collec- indication of a strong organisation – DiCaprio”, though that’s a little snarky shacks in an informal settlement area in tive assets (organised, cohesive social net- many housing co-operatives in the Johan- and anachronistic. the community of Masiphumelele in one works, like savings collectives) as well as nesburg central city during the 1990s fell The disappearance made Da Vinci’s night in 2006, residents refused starter kits equity funds to the table, which then lever- apart, rocked by similar conflicts. Its chal- lady’s smile notorious. Theories about its provided by city officials and began to age community labour, building materials lenge is to retain its identity as an organi- origins are that (a) she was smirking organise their struggle for houses – called and further funding for the upgrading sation fighting to improve people’s living because she could inform her lover that “Amakhaya Ngoko” (Homes Now). development. conditions when households fall on hard she had a bun in the oven; (b) she had seen Through negotiations with the Cape Access to potable water, electricity, safe times, for which it needs reserve funds. a rival who appeared in public without Town Municipality and with support of a sanitation and refuse removal has Where will this come from? blowing her nose; and (c) nobody knows. local architect and a fund-raiser, a plan was improved significantly and there is fund- Second, rolling out the Langrug type of Note that these are all satirical reflections developed to house all families in the same ing to support six full-time organisers development elsewhere also requires on her succubus-like look. small area in 12 two-to-three-storey walk-up with a R1 500 monthly stipend – lending larger amounts of funding, a fact recog- Back then to the fractional rabbit. If blocks of flats for rent-to-buy tenure. organisational coherence. Sixty people nised by ISN and Corc, who are in the Prinsloo and Van Vuuren had intended it A few years later, another community were employed for three months to con- process of scaling up their Community as a ribald comment on the disorientated in Langrug negotiated with the Stellen- struct a stormwater channel paid for by Upgrade Finance Facility through a signif- leadership vacuum we all feel at present, bosch Municipality to upgrade their sani- the Expanded Public Works Programme at icant tranche of donor funding and trying why is it so small? Remember The Spear? tation, storm and grey water infrastruc- R90 a day. to get municipalities to augment city-wide Surely Mandela’s head should have been ture. In both cases communities invested The Amakhaya Ngoku Housing Associ- funds in return for co-ownership of these tucked into his ear while huge bunny ears time and effort into the delivery of infra- ation engaged in lengthy and challenging funds – co-ownership means that ISN par- listened to the awful society he (via a few structure and residential development, in negotiations with the Cape Town Munici- ticipates in structures driven by the inter- presidential loops) bequeathed us. Bugs stark contrast to the protest-demand mode pality and the provincial department of ests of donors and municipalities, and not Bunny has clearly had more influence on of organisations elsewhere, and demon- human settlements, and with a minority of simply by those of the grassroots, who the born-free cadres than Mandela. strating an engagement that was absent squatters initially refusing to vacate their could institute a top-down process which Scraping out the rabbit – which will from the insurrectionary social move- premises for the construction of the new could undermine (or complicate) the ISN’s give the statue the same status as the ments of the 1970s and 1980s. units – tension was exacerbated by local bottom-up approach. Mona Lisa’s Kinky Boots smile, sneered at Masiphumelele is a township between political party competition. ISN Langrug risks being cut of from its by AWB types who believe that Jacob Kommetjie, Capri Village and Noordhoek, Ultimately the housing association base if scaling up funding operations Zuma always has a large one stuffed in his first settled in the 1980s – in 1990 there were secured sufficient private donor funding reaches the point where corporate struc- ear – will not be easy. 8 000 people (mainly in shacks), 26 000 in as well as institutional subsidies to cover tures emerge that lose touch with grass- The monument is nine-metres high, so 2005 (many in brick homes), and 38 000 in the outstanding capital required for the roots needs. Strengthening the role of sav- that if, for example, a dentist is enlisted for 2010. Amenities are scarce – there has been first phases of the development. First vol- ings collectives in the decision-making the task, he would need a fireman’s ladder a very high HIV infection rate – next to a unteer-provided, later professionally paid around disbursement of larger, municipal- and a bunch of incomprehensible wires library, a children’s home and other places technical architectural and engineering sourced funding could mitigate this risk. (like a computer) to attach his hideous of learning and support by different assistance enabled physical implementa- Lastly, the consequence of these risks is drill. It could take time. NGOs. Also, a first flat building by the tion, and still partly provides oversight for the disintegration of grassroots organisa- At least the statue is not as high as the NGO Homes for Kids in South Africa operational management. tional power which enabled both organisa- proposed Shivaji monument in Mumbai – (Hokisa) was built. The Langrug organisers developed tions to get as far as they have. 190 metres once completed. The Amakhaya Ngoku Housing Associ- strong relationships with the then-Stellen- By focusing only on the basic services A number of Buddhas are scattered ation, which developed in a first phase 252 bosch Municipal manager (who facilitated and housing needs of their constituents, around the planet. Were it to be units on the same municipal land for the MoU), as well as with municipal Amakhaya Ngoku and ISN Langrug risk discovered that they all had thumper shack households who qualified for the Human Settlement officials, who play a losing sight of the need to integrate their hoppers in their lugholes, the Shivaji government housing subsidy programme, critical role in the ongoing process of local urban hubs with existing CBDs – this eminence (including a museum, murals, is owned by the tenants, maintains the service provision and maintenance. Rela- RISK: Masiphumelele needs a process called “re-blocking” to negotiate the removal of requires significant municipal investment fountains, and an amphitheatre for old property, collects the rentals and if people tionships with the academic institutions shacks to make space for firebreaks and storm water run offs, says the writer. in primary and secondary transport routes rock bands to pretend to be playing) would fail to pay, takes appropriate action (once are important for the envisioning – and to give effect to the required connectivity. seem a little deflated. even evicting people). It employs eight peo- planning – of a different, connected, Lan- As much of this money comes from Even the Taliban would have problems ple to secure and maintain the property grug in the future. Rules require tenants to pay their tions – this is important for ensuring that national grants, this is an issue which will shelling these world heritage sites. and administer the process – an overhead Langrug Network has a significantly rentals, but as an organisation trying for important role-players in the community be influenced by national governmental The same cannot be said for the Burj cost of R27 000 a month, which the revenue larger constituency and its local and gobal the poor they provide rental relief (ie do not stymie their projects. policies and practices. Khalifa (829.8 metres) in Dubai, the tallest of rent has generally covered. Nine volun- linkages are embedded in solidarity organ- duties instead of paying) for the truly Representatives are elected at a general Both the Masiphumelele and Langrug building in the world. While spectacular teers serve on the board. isations, whereas Amakhaya Ngoku func- needy; where rent defaulters are able to meeting by show of hands. Local neigh- experiences could point the way to future from a distance, an entire Disneyworld Seasonal labourers established the Lan- tions primarily as a housing delivery vehi- afford payments but do not co-operate, they bourhood block structures meet regularly infrastructure upgrading at scale and at a atop it would make no difference when it grug settlement, just outside Franschhoek, cle in which donor funding forms a have had once to evict people, which has and link into a range of community-based cost affordable to both communities and falls down in a few years. in 1992. Langrug has 1 850 shacks, 4 088 significant portion of the equity – its local led to tensions and threats of violence. organisations and NGOs covering services municipalities, as well as a transformation Another point, made by Robert Graves, households and over 11 000 people, one- and global linkages are critical for (and Through ongoing and firm communica- ranging across HIV and TB support, of informal housing into medium-density the British poet, is that sticking up bronze third of whom previously had access to therefore remain focused mainly on) fund- tion, the organisation has been able to crèches and education. Block structures walk-ups. There is, however, a limit to the versions of the famous is in itself neither electricity nor sanitary facilities. ing. These different strategic emphases manage these tensions through winning discuss neighbourhood needs and feed extent that community savings and donor objectionable. In November 2010, the neighbouring farm account for two unique organisational over the majority of the boycotters to this to the overall representative struc- funding can fill the current gaps in capital After a while no-one would care and owner obtained a court interdict against processes. resume payments. tures from where demands are taken for expenditure. the statues would merely “dribble green the Stellenbosch Municipality for the The Amakhaya Ngoku board repre- The Langrug Network follows the negotiation with the municipality. In the current economic climate, with in times of rain”. I reckon Mandela would settlement’s grey water run-off into their sents 352 households, 232 families already organisational methodology of the ISN, Langrug community organisers dis- talk of greater austerity measures (as in the be repulsed by this. irrigation dam. in formal houses, 120 already approved but first conducting an enumeration question- cuss their right to be able to live and work “unsustainability” of the social grants), If the current nomenklatura insist on Following interactions with the com- still waiting on a temporary relocation naire to get a profile of household and in Franschhoek, but this more far-reach- there is also a limit to greater municipal spending public money on sticking up munity a memorandum of understanding area (TRA) nearby. Households each have community needs and then using a process ing demand (“right to the city”) is not dis- and national government funding which, if past heroes within sight of tourists, I (MoU) was signed between the municipal- one vote at the annual general meeting. called “re-blocking” to negotiate the cussed at grassroots level where the prior- insufficient, will expose both Amakhaya suggest they erect a 400-metre memorial ity and the Informal Settlements Network The board has actively engaged with its removal of selected shacks to make space ity is basic services. Ngoku and Langrug ISN to the risk of man- to the invisible man of the liberation (ISN) – a national social movement with an constituents – for example, extensive con- for firebreaks and stormwater run-offs. There have been considerable improve- aging their communities’ austerity, and movement – I mean of course the insane established network in informal settle- sultations about clearing the site and relo- Both organisations remained independent ments to date, but the continuing focus on thereby becoming the objects of commu- Dimitri Tsafendas who stabbed Hendrik ments in Cape Town, Ethekwini, Nelson cating households to an existing public of all political groupings because these are basic services reflects ongoing shortfalls nity resistance. Verwoerd, and so cleared the decks for Mandela Bay, Johannesburg and Ekurhu- municipal space (TRA), leading a deputa- seen as short-term, opportunistic and cor- in service delivery, for instance, water was G Dr Hendler is an independent analyst everything that ensued. leni which facilitated the grassroots organ- tion to the Human Settlements Depart- rupt, rather than developmentally ori- previously provided through irrigation of social, political and economic processes Parliament Square would be a suitable isation at Langrug – in terms of which sev- ment to expedite the provision of subsi- ented; but Langrug Network has ongoing pipes but now the municipality has built a and a practitioner who advises on urban repository for this rightly forgotten eral sanitation points have been upgraded dies, as well as many consultation communication and consultation with water enhancement pump to increase development and human settlement. See freedom fighter. and extended and a stormwater gutter con- meetings before building commenced. political parties, civic and youth forma- pressure. Most shacks are electrified on a www.insite.co.za They can stick a tapeworm in his ear.

Foul-mouthed magistrate offers greater courtroom sleaze than any soapie

THAT foul-mouthed magistrate who phys- Her challenge is being heard by Judge Given this background the judge said it There are still other technical objec- istrate’s exact words were: “You and Anna ically bullied witnesses may have lost her LEGAL & Maphios Cheda, formerly of the high court was reasonable for the court to have tions by Shaanika for the court to consider, Amupanda are f***ing each other and in job – but she’s right back in court. This GENERAL in Bulawayo, Zimbabwe. Shaanika has reminded Shaanika to conduct herself but once the judge begins an examination return she is writing letters to spoil my time she’s on the other side of proceedings, taken issue with Judge Cheda, asking for properly, especially as she had acknowl- of the magistrates’ commission findings he job.” trying to find a presiding judge who might Carmel Rickard his recusal because he was rude to her. edged and apologised for her misconduct. will be faced by serious allegations of mis- The judge who heard that case found for be more friendly to her. In his decision, delivered this week, But was it reasonable for her now to ask conduct by Shaanika. Amunyela, awarding him N$35 000 Leah Shaanika, who, among other Judge Cheda said her application made no that he stand down? Among other charges against her: she (R35 000). He said Shaanika appeared to bizarre behaviours, throttled a litigant The local magistrates’ commission said sense. While Shaanika claimed that the Would a fair-minded and informed brought “lunch boxes” to court, which she believe that Amunyela had poisoned her when he was reluctant to sign documents, she had to be sacked, but the minister of judge had “abused her and laughed at her observer, having considered the record, advertised then sold to the public during dogs, tried to run her over and had shot at has been challenging the legal processes justice refused to act. Eventually the mat- with sarcastic insults”, the facts showed conclude there was a real possibility of recess. her car. Given these beliefs, said the judge, that led to her losing her job. ter was taken on appeal, and in 2012 three the reverse. He quoted from the record to bias? Judge Cheda said that a “reasonable Then in 2007 Silvanus Amunyela it was astonishing that she had heard the Last November she asked the judge judges, including former South African show that she had been sarcastic and rude person” would not fear bias by the court. brought a defamation case against matter herself instead of referring the case who is hearing her disputes to recuse him- Constitutional Court judges Pius Langa and that when he, the judge, intervened, Moreover, having acknowledged and apol- Shaanika, saying she defamed him during to another magistrate. self. And his replacement had to be a judge and Kate O’Regan, said the minister had no she had apologised for her behaviour. ogised for her improper conduct, Shaanika a court case over which she had presided. He said he was convinced that Shaanika from “any SADC country except Namibia choice: once the commission made the rec- At one stage she had even pointed a could not make her bad behaviour a tool for Amunyela said she had claimed that he had used her position to “get at” or Zimbabwe”. ommendation, the magistrate had to go. threatening finger at Norman Tjombe, forcing the judge to quit the case. had a sexual relationship with a woman in Amunyela. Shaanika, formerly a magistrate in Now Shaanika is challenging the finding counsel in the matter, causing the judge to As for her demand that the matter be the justice department who lived in the All this salacious evidence – in open Namibia, ran into trouble when her less by the disciplinary hearing of the magis- reprimand her. heard by a judge from outside Namibia and same street as Shaanika. court, too – could mean that for Namibians, than judicial temperament surfaced and trates’ commission. If that verdict is over- This led to an apology and an undertak- Zimbabwe, this was “tantamount to judge- According to the court record in the legal soapies will soon take a back seat to caused a widespread scandal. thrown she could apply for reinstatement. ing by her to behave. shopping”. defamation case, Amunyela said the mag- the real thing.