Annual Report 2015 / 2016 CONTENTS

annual report 2015 / 2016 CONTENTS

Letter from the General Secretary 01 What is the SJC? 02 Building our movement 04 The Khayelitsha Commission: from victory Social Justice Coalition Isivivana Centre to the struggle for implementation 06 8 Mzala Street Building democratic power for safety Khayelitsha, 7784 in Khayelitsha 10 The fight for decent sanitation and fair, (+27) 021 361 0298 just and equal city budgets 12 [email protected] Social audits and community power 16 www.sjc.org.za A national sanitation policy for South Africa 18 @sjcoalition The SJC10 appeal: challenging social justice coalition the Gatherings Act for our right to protest 19 Leadership and staff 20 Published in July 2016 for the Audited financial statements 24 Social Justice Coalition Annual General Meeting.

Designer: Gaelen Pinnock www.scarletstudio.net

Registered S18A(1) Public Benefit Organisation: 930031506 Registered Non-Profit Safety, Justice, Organisation: 067-689-NPO and Equality for All! Fighting for dignity and democratic power Letter from the General Secretary

As we look back on the past year, it ment, we eventually were forced was introduced. Following our formal is important to recognise how far we to lead public action, protests, and submission on the policy, we will be have come in strengthening and build- occupations. Still facing refusals, we campaigning for the norms and stand- ing a strong and effective social move- are now taking the Minister to court to ards to be adopted and implemented ment – one that has taken on serious compel him to change discriminatory nationally. challenges and developed real power police resourcing that is a remnant of Since 2013, our social audits have within our communities. Apartheid and to give substance to the become an important part of develop- At the beginning of 2015 we made Commission’s recommendations. ing participation of poor communities a bold decision to undertake inter- Similarly, in our fight for decent in holding local government account- nal restructuring of the SJC, from a sanitation and budget justice in Cape able. This year we began hosting the department structure to one based Town, the City of Cape Town tried to Social Audit Network, which we are on programmatic work. This year we silence budget submissions from poor developing in order to support social worked hard to consolidate this and its communities. We eventually forced auditing nationally. impact can truly be felt. them to acknowledge the submissions As we reflect on all of this we must In 2015 we started work on a and respond. With new evidence we especially celebrate the calibre of comprehensive branch support and are campaigning for decent sanitation leadership and activism our mem- education strategy to promote the infrastructure in informal settlements bers have displayed. Their courage development of dynamic and func- and for a just, equitable, and fair and commitment has given the entire tional branches and a strong cadre of budget in the city. organisation the strength to continue members who can engage in politics, Following the conviction of ten and to do our best in all these strug- and lead local campaigns for change SJC activists for a peaceful act of gles. and justice. Branches have initiated civil disobedience fighting for decent To all those that supported the SJC their own campaigns. I was fortunate sanitation, we launched our appeal at this year, I’d like to say thank you. to witness the first graduation of the Western Cape High Court. We are branch members who participated in challenging the constitutionality of the Amandla! the SJC’s political education course. Gatherings Act in order to defend our This year was also a challenging one right to protest. politically and in terms of our democ- There have also been good devel- Phumeza Mlungwana racy more broadly. We must condemn opments on the national front and in General Secretary the closing spaces of engagement terms of building democratic power in with government. Democracy requires poor and working class communities. a state that respects the rights of its For several years, the SJC has citizens and encourages meaningful engaged with Chapter Nine institu- participation, especially by poor and tions and various national government working class people. departments on the need for com- We faced serious resistance from prehensive policies and standards for the Minister of Police on implementing sanitation in informal settlements. In the recommendations of the O’Regan- 2016, a draft national sanitation policy Pikoli Commission of Inquiry. After - with proposed norms and standards nearly a year of attempted engage- for informal settlement sanitation -

01 What is the SJC?

The SJC works to advance crime. They continue to be treated as An Annual General Meeting is held temporary and transitory by those in every year where members formally the constitutional rights government, even though many have adopt the SJC’s priorities through to life, dignity, equality, existed for decades. branch commissions, discussions, and freedom and safety in Founded on 16 June 2008, the SJC is resolutions. The Executive Council, a membership-based social move- effectively the highest decision mak- the lives of all people, but ment from Khayelitsha made up of 14 ing body after AGMs, is made up of especially those living in branches with over 2500 members the elected leadership of all branches informal settlements in who mainly live in informal settle- and provides strategic leadership and ments. Our campaigns are based on guidance throughout the year. Every South Africa. research, education, and advocacy and two years there is an elective AGM divided across two programmes. The where the SJC’s Secretariat is elected. South Africa is one of the most Safety and Justice Programme cam- The General Secretary is the head unequal countries in the world and paigns for improved policing and an of the organization and the General our cities remain deeply segregated. effective criminal justice system, while Secretary’s office coordinates all Informal households, mostly located the Local Government Programme day-to-day work of the SJC, providing on urban peripheries, make up around leads our work on sanitation and basic overall management of governance, 20% of each of South Africa’s major services, municipal budget justice, and programmes, operations and political cities. Informal settlements suffer social audits. education. The Operations Depart- from high levels of unemployment, ment manages our human resources, poor service delivery, and violent finance, and administration.

02 AGM

Membership

Branches

Executive Council Chairperson’s Forum

Secretariat

GOVERNANCE

STAFF

General Secretary's Oce

Local Government Safety and Justice Operations Programme Programme Department

03 Building our movement

Branches are a central component of the SJC. This year branches grew N2 TO CAPE TOWN substantially - in strength, leadership, and independence. They took on issues Branch BT

MXOLISI BM Branch in their areas directly and started Branch RR Nyanga PHETANI RR1 Branch N2 TO SOMERSET WEST to build these into active branch THEMBOKWEZI CCT CT Branch PJS Branch campaigns such as on gender-based violence, water meters, drug abuse, and Greenpoint Branch VICTORIA NONQUBELA anti-xenophobia. MXENGE

The Chairperson’s Forum - the forum of branch leaders tasked with overall EYETHU Makhaza Branch coordination of branch work - took its SST KHAYA leadership to new levels and undertook branch-wide organising and UMPHABULO events throughout the year. This also GRACELAND TRIANGLE included support of branch adminis- Khayelitsha tration and recruitment drives. In early EKUPHUMULINI MANDELA PARK 2016 two new branches prepared to Zwezwe Branch launch - CCT and Monwabisi Park 2. This year branches Following our first branch leadership ILITHA NKANINI camp in July 2015, we took the deci- PARK sion to start developing a new, com- grew substantially in Nkanini Branch prehensive, branch political education KUYASA and support strategy. strength, leadership, The branch education and support HARARE programme is a central part of building our movement. As part of the pro- & independence Monwabisi Park 2 gramme, we organised museum visits, hosted documentary screenings, and ran courses on politics, history, and so- Monwabisi Park ciety, as well as on building confidence for public speaking. At the end of 2015, we saw the first group graduate from our politics course. As a priority area for the SJC, this is just the beginning of rolling out a full programme over the course of 2016 that will include various components such as skills development, internships, and courses.

04 N2 TO CAPE TOWN BT Branch BT

MXOLISI BM Branch RR Nyanga Branch RR Nyanga

PHETANI RR1 Branch N2 TO SOMERSET WEST THEMBOKWEZI CCT CT Branch PJS Branch

Greenpoint Branch VICTORIA NONQUBELA MXENGE

EYETHU Makhaza Branch SST KHAYA

UMPHABULO TRIANGLE Khayelitsha GRACELAND

EKUPHUMULINI MANDELA PARK Zwezwe Branch

ILITHA NKANINI PARK Nkanini Branch KUYASA

HARARE Monwabisi Park 2

Monwabisi Park

05 The Khayelitsha Commission: from victory to the struggle for implementation

The O’Regan-Pikoli The Commission was a truly ground- Once it was established, the Minister breaking moment. For the first time in went to the High Court and the Consti- Commission of Inquiry into South Africa many of the inner work- tutional Court to try stop it or reduce policing in Khayelitsha ings of the police were made public as its powers. He failed to do this. has laid the foundation for tens of thousands of pages of SAPS One of the most damning findings information was made available. It of the Commission was that “a system long-term systemic change offered the opportunity for residents of human resource allocation that to safety and justice in to tell their stories and senior officers appears to be systematically biased South Africa. had to account to the public. The Com- against poor black communities” had mission identified twenty clear recom- survived twenty years into post- mendations, which have the potential apartheid democracy. The Commission to change the face of policing and concluded that, “the survival of this The Commission justice in South Africa, particularly in system is evidence of a failure of gov- poor and working class communities. ernance and oversight in every sphere identified twenty clear The Commission was the outcome of government.” recommendations, of many years of campaigning on The SJC and Equal Education safety and justice. It was the result of confirmed that a similar pattern of in- which have the potential a combination of legal advocacy, mass equitable resourcing exists in Kwa- to change the face of action, research, education, and mobi- Zulu-Natal, where peri-urban Black policing and justice in lization with an alliance of organisa- communities with high crime rates are tions including Ndifuna Ukwazi, Equal vastly under-resourced compared to South Africa, particularly Education and the Treatment Action other communities. It is likely that this in poor and working Campaign. When we first advocated for is the situation faced by most poor, class communities. a commission of inquiry in 2011 the Black communities across the country. police opposed it.

06 The Minister of Police refuses Going to court “ The South African Police Service to respond and implement the holds a view that the Commission of Despite every attempt to deal with the recommendations Inquiry was not necessary…[and] that Minister’s dismissal of the Commis- the findings and recommendations sion’s recommendations, the SJC and The obligations of the Minister and Na- of the Commission are biased and Equal Education were left with no tional SAPS Commissioner are clear; misdirected.” - General Ria Phiyega, alternative but to take him to court. the vast majority of recommendations suspended SAPS National Commis- require national instructions and policy sioner, 5 June 2015. In 2016 we launched an application in changes. Since the release of the terms of the Promotion of Equality and report on 25 August 2014, the Minister Given this clear dismissal and refusal Prevention of Unfair Discrimination Act never acknowledged or responded to to act, we adopted a programme of 4 of 2000 against the Minister of Police the findings publicly and was dismiss- action, led protests and eventually in and acting National Commissioner. The ive throughout this time. August 2015, staged an occupation court application is to compel them to The SJC and its partners tried every outside parliament. urgently review and change the inequi- avenue to engage with the Minister table and irrational allocation of police about the recommendations and how Because of our public action, the SAPS resources in poor and working class to start implementing them. We wrote and the Western Cape provincial gov- areas and to ultimately give substance countless letters, met with representa- ernment established a joint task team. to the Commission’s recommenda- tives of the Minister’s office, and sat in It was made up of officials from the tions. The SJC is represented by the many meetings and imbizos. police and the Western Cape govern- Legal Resource Centre. On 5 June 2015, suspended National ment. In November, community repre- The Minister’s refusals since the Police Commissioner Riah Phiyega sentatives, including the SJC General Commission are about life and death responded to the Commission in a Secretary Phumeza Mlungwana, were in poor communities. We’re going to document marked “Strictly Confiden- invited to join the task team. The task court to change a system that, in its tial”, sent to the Western Cape Premier. team’s mandate however was never current form, is a tool of discrimina- The Premier made the response public clear and only two meetings took tion, inequality and injustice. on 7 August. In the document, Phiyega place. It soon became apparent that dismissed the report and every single the task team was not going to be im- one of its recommendations. plementing the recommendations.

07 Police allocation is KRAAIFONTEIN 7th least resourced in Cape Town an “apartheid list” 7th most murders in Cape Town (9th in South Africa) nd This map shows that the 8 police precincts in 2 most drug-related crimes in Cape Town (and in South Africa) Cape Town with the least police resources are KRAAIFONTEIN in Black African and Coloured communities.

These precincts are: Harare, Lwandle, Belhar, KRAAIFONTEIN Nyanga, Oceanview, Delft, Kraaifontein and NYANGA KRAAIFONTEIN Mfuleni. This allocation results in racial 4th least resourced in Cape Town discrimination and is inequitable and irrational. Most murders in Cape Town (and in South Africa)

BELHAR Most sexual crimes in Cape Town One dot equals (and 5th in South Africa) DELFT 250 people BELHAR rd GUGULETHU 3 most aggravated robbery crimes MFULENI Black African DELFT in Cape Town (and 3rd in South Africa) NYANGA MFULENI Coloured NYANGA KHAYELITSHA HARARE MITCHELLS Indian or Asian PLAIN HARARE White DELFT 6th least resourced in Cape Town The 8 least resourced 3rd most murders in Cape Town th police precincts are LWANDLE LWANDLE OCEAN VIEW (and 5 in South Africa) named in the map th OCEAN VIEW 8 least resourced 4 most drug related crimes in police precincts in Cape Town Cape Town (and 5th in South Africa) 8 police precincts in Cape Town 5th most sexual crimes in Cape Town with the most murders (and 12th in South Africa) Precincts that are the least resourced and record the most murders MFULENI 8th least resourced in Cape Town Imbalanced resourcing 4th most murders in Cape Town This graph shows the disparities in resourcing (and 6th in South Africa) relative to murder rates in 5 of the best and 5 of Most incidents of public violence in Cape Town (and 5th in South Africa) 1600 the least resourced precincts in Cape Town. Murder Rate per 100,000 “ Residents of the poorest areas of 1400 (Over 4 years) Cape Town that bore the brunt of HARARE 1200 Police per 100,000 apartheid are still woefully Least resourced precinct in Cape Town 8th most murders in Cape Town 1000 under-policed twenty years into (and 10th in South Africa) our new democracy and are often 4th most aggravated robbery crimes in 800 Cape Town (and 10th in South Africa) the police stations with highest 2nd most sexual crimes in Cape Town 600 levels of serious contact crime. (and 16th in South Africa) This pattern needs to change as a 400 matter of urgency” 200 ~ Khayelitsha Commission of Inquiry Notes: All data for the ﬁve precincts above is from 2014/15 0 All crime data drawn from the annual crime statistics released by the South African Police Service. Cape Town Camps Bay Wynberg Mowbray Sea Point Harare Nyanga Delft Mfuleni Kraaifontein Police per 100,000 numbers obtained from SAPS by the Central Khayelitsha Commission of Inquiry. Population data for previous page from Census 2011 08 Police allocation is KRAAIFONTEIN 7th least resourced in Cape Town an “apartheid list” 7th most murders in Cape Town (9th in South Africa) nd This map shows that the 8 police precincts in 2 most drug-related crimes in Cape Town (and in South Africa) Cape Town with the least police resources are KRAAIFONTEIN in Black African and Coloured communities.

BELHAR Most sexual crimes in Cape Town One dot equals (and 5th in South Africa) DELFT 250 people BELHAR rd GUGULETHU 3 most aggravated robbery crimes MFULENI Black African DELFT in Cape Town (and 3rd in South Africa) NYANGA MFULENI Coloured NYANGA KHAYELITSHA HARARE MITCHELLS Indian or Asian PLAIN HARARE White DELFT 6th least resourced in Cape Town The 8 least resourced 3rd most murders in Cape Town th police precincts are LWANDLE LWANDLE OCEAN VIEW (and 5 in South Africa) named in the map th OCEAN VIEW 8 least resourced 4 most drug related crimes in police precincts in Cape Town Cape Town (and 5th in South Africa) 8 police precincts in Cape Town 5th most sexual crimes in Cape Town with the most murders (and 12th in South Africa) Precincts that are the least resourced and record the most murders MFULENI 8th least resourced in Cape Town Imbalanced resourcing 4th most murders in Cape Town This graph shows the disparities in resourcing (and 6th in South Africa) relative to murder rates in 5 of the best and 5 of Most incidents of public violence in Cape Town (and 5th in South Africa) 1600 the least resourced precincts in Cape Town. Murder Rate per 100,000 “ Residents of the poorest areas of 1400 (Over 4 years) Cape Town that bore the brunt of HARARE 1200 Police per 100,000 apartheid are still woefully Least resourced precinct in Cape Town 8th most murders in Cape Town 1000 under-policed twenty years into (and 10th in South Africa) our new democracy and are often 4th most aggravated robbery crimes in 800 Cape Town (and 10th in South Africa) the police stations with highest 2nd most sexual crimes in Cape Town 600 levels of serious contact crime. (and 16th in South Africa) This pattern needs to change as a 400 matter of urgency” 200 ~ Khayelitsha Commission of Inquiry Notes: All data for the ﬁve precincts above is from 2014/15 0 All crime data drawn from the annual crime statistics released by the South African Police Service. Cape Town Camps Bay Wynberg Mowbray Sea Point Harare Nyanga Delft Mfuleni Kraaifontein Police per 100,000 numbers obtained from SAPS by the Central Khayelitsha Commission of Inquiry. Population data for previous page from Census 2011 09 Building democratic power for safety in Khayelitsha

For years there was a difficult rela- Building local power and We ran several programmes tionship between the local police in monitoring court cases throughout the year including Khayelitsha and the SJC, particularly in safety dialogues, safety walks, the time leading up to the Commission. The Cluster Commander set up a as well as seminars and work- During the Commission, SAPS at a Joint Forum, bringing together SAPS shops on various topics relating to local level became cooperative for the officials, community members, civil safety, justice, and policing. first time. As a result of the Commis- society organisations, and academics sion a new Cluster Commander was to deal with and help implement some In Khayelitsha, there are high levels appointed who, under difficult circum- of the Commission’s recommendations of gender based violence, low levels stances, undertook to engage with the at a local level. The forum had much of reporting, and few convictions in SJC and communities in Khayelitsha in potential and we participated in it sub- reported cases. order to improve safety in the town- stantively. Due to the lack of national The SJC started monitoring and ship. The relationship between the SJC action on the Commission’s recom- offering support to survivors and fami- and Community Policing Forums also mendations however, the Forum’s lies of gender based violence cases at improved. impact remained limited. the Khayelitsha Magistrates’ Court. An important part of this work was Monitoring cases involves attend- the building of meaningful participa- ing court proceedings, meeting with tion of Khayelitsha communities in survivors and families, ensuring police improving safety. and prosecutors make progress and update those involved, and using public action to apply pressure when necessary. This promotes a more pro- fessional and efficient criminal justice system in similar cases, builds trust in the system, and encourages the reporting of cases.

10 Court cases the SJC monitored during the last year

Anovuyo Ndamase In February 2015 five year-old Anovuyo Ndamase disappeared in Nkanini, Khayelitsha. Despite an immediate door-to-door search by the community and police, her remains were found five days later in a blue municipal refuse bag covered in flies twenty metres from her home. A blood trail led the community and police to the shack where a bloody hammer was found. After the suspect’s arrest the mother of another five year-old opened a case of sexual assault against the same man on behalf of her daughter.

Bongiwe Ninini In July 2015 Bongiwe Ninini was assaulted and killed. Her body was dumped in an uncovered drain (which remains uncovered) in an open field (that Old Mutual has been obligated to develop as part of a sale agreement in the CBD since 2008). Four suspects were identified and arrested. The case has been referred to the Western Cape High Court.

Simnikiwe Mpethulwa In August 2015 Simnikiwe Mpethulwa, who is unable to speak, was raped and her partner shot and killed. An ex-boyfriend of Simnikiwe was arrested soon after. In April 2016 charges against him were withdrawn because of insufficient evidence. Justice for Simnikiwe and her partner at the moment seems unlikely.

Zita Fulani In September 2015 Zita Fulani was raped by two men. Having appeared in court on three occasions the accused were granted bail. The court revoked bail after it was revealed that they had assaulted Zita’s mother.

11 The fight for decent sanitation and fair, just and equal city budgets

In April 2015, with This was the first time submissions tions on improving the sanitation situ- like this were made on Cape Town’s ation in informal settlements. assistance from the budget or any municipal budget in SJC members used the budget SJC, 502 residents from South Africa. period to campaign for just and equi- Khayelitsha’s informal The submissions were hand de- table capital spending on sanitation. livered to the City by residents three When City officials said that we didn’t settlements participated weeks after Cape Town Mayor, Patricia understand the budget and tried to and made submissions on de Lille, tabled the City’s draft budget defend it, we led protests and held the 2015/16 Draft Cape in Council on 25 March 2015 and in- ‘budget classes’ throughout the city to vited public submissions. teach people about Cape Town’s unfair Town budget. Supported by Ndifuna Ukwazi and budget. the International Budget Partnership, When tabling the final budget on 29 we spent months learning about the May 2015, faced with all this evidence, budget in order to get to the point of Mayor Patricia de Lille used her official assisting residents to make those speech to attack the SJC and deny the submissions. In early 2015 we ran sanitation crisis and unfair budget in many workshops and then a camp for Cape Town. 60 SJC members to study the budget. The 502 individual submissions were SJC members and residents went out labelled a “focus group” in the final into their communities to help other budget participation report and there- residents make submissions. fore ignored. The City’s public participation process is formalistic and limited. In 2014 there were just 23 submissions from Following our campaign, the public, none from poor and work- Deputy Mayor Ian Neilson ing class residents. Since 2007 there hadn’t been more than 57 submissions finally admitted in in any given year. This is incomprehen- December 2015 that the sible for a budget of over R35 billion City had misrepresented which affects the lives of 3.7 million people. the submissions and that Many of the 502 submissions talked no focus group had taken about daily personal experiences such place. as the indignity of using portable flush toilets (also known as porta-potties), the distance informal settlement resi- The City subsequently sent responses dents have to walk to a toilet or a bush to the 502 residents on 2 February to relieve themselves, and the dangers 2016, eight months after they were of doing so. These submissions also supposed to have been responded to. made recommendations and sugges-

12 However, instead of addressing the The City’s unfair budget constraint prevents sanitation infra- multitude of issues raised in these structure in an entire area or across submissions, the City issued an The findings from our research and all settlements - regardless of whether identical, generic response to all 502 analysis on the budget show that that constraint affects 1% of an area submissions. Because of the way that capital allocations for sanitation in or 99%, and regardless of the nature of the submissions were misrepresented, informal settlements – used for long the constraint. Council never considered them in the term infrastructure such as flush toilet Through data we got from the City budget process and these voices were systems – are extremely low and dis- itself we now show that the City mis- not heard. proportionately small. represents the constraints to install- The City prioritises spending on ing proper infrastructure in informal inferior, expensive and temporary settlements. sanitation facilities meant for emer- While constraints are present, they are gency environments such as chemical, exaggerated, they only affect portions portable flush, bucket and container of any given area, and they can be Through data we got toilets. Of all toilet technologies pro- overcome. Long-term infrastructure from the City itself, vided to informal settlements, 73% are also still costs far less than temporary temporary toilets. services even with constraints. we now show that the Temporary toilets are also so ex- In 2016, the SJC is making a submis- City misrepresents the pensive that for the cost of every one sion on the 2016/17 Cape Town draft constraints to installing chemical toilet, the City could build and budget based on this new research. operate nine flush toilets if it were to We will campaign for urgent action to proper infrastructure in prioritise long-term infrastructure. develop a plan for eradicating tem- informal settlements The City argues that it cannot in- porary services and implementing crease capital allocations for sanita- decent sanitation infrastructure in tion because of the constraints in informal settlements in Cape Town. We informal settlements, such as flood- will be assisting informal settlement plains, that would prevent installing residents to engage with the budget infrastructure. The City makes the - roughly 3000 residents are making irrational argument that just a single submissions. This time their voices will be heard.

[WE CAN USE GRAPHICS BASED ON THE BELOW FOR THIS SECTION FOR A TWO PAGE SPREAD? ]

13 The City of Cape Town’s unfair budget

The City makes The capital allocations for capital allocations to Only informal settlements 21% Meanwhile the R1.5 bn build sanitation of households are water and infrastructure like informal but get only ﬂush toilets DECREASED sanitation capital R15M from 2014 to 2016 1% budget for the city is proposed for all 204 of capital allocations informal settlements in increased from 2016 2014 to 2016 R18m R15m R20m R1.15 bn

In four Khayelitsha communities: For example, over 90% of CT Section The City prioritises temporary services over CT Section, Enkanini, TR Section, RR Section The City says it cannot install sanitation infrastructure because there are informal settlement has no constraint LONG TERM Flood plain INFRASTRUCTURE constraints 77% But this is wrong OF TOILETS ARE Constraints only aect a portion of each area and are not a barrier to No constraint TEMPORARY infrastructure

Over the long term It is Mayor de Lille, temporary services are 1 CHEMICAL WE DEMAND also the most IRRATIONAL A FAIR, TOILET for the City to prioritise R15M IS NOT costs the same as temporary, inferior toilets EQUAL & EXPENSIVE installing and operating ENOUGH Informal settlements JUST 9 FLUSH need more resources for TOILETS long term infrastucture BUDGET

14 The City of Cape Town’s unfair budget

15 Social audits and community power

A social audit is a community-led pro- focus on verifying municipal data and launched a Guide to Conducting Social cess of reviewing official documents to documents. This is aimed at building Audits in South Africa, a publication we determine whether the public expendi- meaningful local power and getting developed with Ndifuna Ukwazi, the ture and service delivery outcomes direct remedial action. International Budget Partnership, and reported by the government really We supported the first localised the Open Society Foundation for South reflect the public money spent and the social audit in Green Point, Khayelitsha Africa. services received by the community. in August 2015, focused mainly on The guide is available on the social the provision of ‘Mshengu’ chemical audit website (www.socialaudits.org. The SJC’s social audits toilets and a Phase 3 housing devel- za) which went live later that month as opment that was promised in 2007 the online home for the network. The right of all South Africans to but never happened. Findings related The first of its kind, the social audit participate in the political life of the to the health and safety of workers, guide aims to provide a firm founda- country is enshrined in the Constitu- violations of contractual obligations, tion for building social audit practice tion. But in practice poor and working and the complete lack of access to any in South Africa and will be the basis class people are often excluded from sanitation for disabled residents. The for substantive education and training the government decision-making pro- Ward Councillor and City officials re- going forward. cesses that affect them. Communities fused to participate in the social audit A learning exchange on procurement that try to engage with government public hearing. Those at the hearing and social audits was also undertaken are often ignored and treated with decided that the Phase 3 housing in December 2015 in the Philippines, contempt or even violence. steering committee together with the which included representatives from Social audits build community leadership of Green Point would follow the SJC, Equal Education, Ndifuna Uk- power, deepening the culture of par- up and give regular feedback to the wazi, Heinrich Boll Foundation, Open ticipatory democracy and public delib- community. Society Foundation for South Africa, eration. They provide an opportunity The leadership of the Green Point Corruption Watch, Afesis-Corplan and for marginalised voices to be heard, community played an important role Planact. and a space for people who have been in leading this social audit. Together Towards the end of 2015, the SJC excluded and discriminated against with residents they are now following began the process of taking over host- to achieve a measure of justice and to up with the City and engaging the Ward ing of the SAN from Ndifuna Ukwazi, hold government to account. Councillor to ensure remedial action who had been doing so up until that By the beginning of 2015, the SJC and justice. point. In 2016, we will appoint a net- had completed three major social work coordinator and move into the audits on basic services in informal Developing a Social Audit next phase of building the network and settlements - outsourced chemi- Network developing substantive social audits cal toilets, refuse collection, and the across the country. janitorial service for communal flush Established in 2015, the Social Audit toilets. Following a review of our social Network (SAN) aims to incrementally audit work, we started moving towards expand the use of substantive social During the past year, social an increasingly localised form of social auditing in South Africa through train- audits have continued to grow audits. ing and support of social audits. The localized audits include more em- and we’ve lent our support On 18 November 2015 we co-hosted and training to several social phasis on participation and leadership a roundtable where we officially with area-specific social audits and a audits across the Western Cape, Gauteng and Mpumalanga. 16 SJC on chemical toilets, April 2013 Gauteng: Equal Education on schools, SJC on refuse March 2015 collection, September 2013

SJC janitorial

Khayelitsha service social audit, July 2014 Mpumalanga: Planact on SJC and water access, Greenpoint: Western Cape: February 2016 Sanitation and Equal Education housing, on schools, August 2015 November 2015

NU & Wolwerivier: on housing and services, November 2015 Wolwerivier Map of social audits in South Africa so far A national sanitation policy for South Africa

On 12 February 2016, the Minister of To date there has been no single, The SJC made a detailed submission Water and Sanitation published a draft substantive policy regulating sanita- on the policy and is engaging with the national sanitation policy and opened it tion provision in South Africa, leaving Department of Water and Sanitation on for public comment. This was a major implementation haphazard and with- our recommendations. step forward for improving sanitation out basic standards. The draft policy We will be campaigning for the final across the country. commits the Minister to developing adoption and rollout of the national For several years the SJC has norms and standards for sanitation norms and standards for sanitation in organised nationally on the need for in the country and in informal settle- informal settlements and for munici- comprehensive sanitation policies ments in particular. palities to develop long-term plans and standards, through our National The draft national policy however to comply with these. These norms Sanitation Summit process of 2014, does not set timeframes or a process and standards will be an important and engagements with the South for the development of the norms development in the struggle for social African Human Rights Commission and standards. It also does not go far justice and equality by informal settle- (SAHRC) and various national depart- enough in defining permanent, interim ment residents across the country. ments such as National Treasury and and emergency services and needs the Department of Planning, Monitor- to provide far more information about To date there has been ing, and Evaluation. We also advocated which services should be provided on these issues through the SAHRC’s to informal settlements that are not no single, substantive national hearings on sanitation in part of formal upgrading programmes policy regulating 2012 and 2013 and presented to the such as the Upgrading of Informal national hearings on local government Settlements Programme (UISP). This sanitation provision in and housing in 2015, in which we were is important since the majority of set- South Africa, leaving formally represented as an interested tlements are in fact not currently part stakeholder. of the UISP. implementation haphazard and without basic standards.

18 The ‘SJC10’ appeal: challenging the Gatherings Act for our right to protest

On 11 September 2013, SJC members Leave to appeal was granted in July A number of civil society organisa- and supporters staged a peaceful and 2015 in the Cape Town Magistrate’s tions with an interest in upholding the organized act of civil disobedience Court. This means that a higher court right to protest have expressed inter- outside the offices of Cape Town Mayor can now determine the constitutional- est in being admitted as Amicus Curiae Patricia de Lille, chaining themselves ity of the Gatherings Act. (friends of the court). The ‘SJC 10’ are to the railings of the Civic Centre. This In her judgment Magistrate Fredericks represented by the Legal Resources followed more than two years of at- explained that there is a reasonable Centre. The case will be heard in the tempted engagement with the Mayor prospect that a higher court may find Western Cape High Court in 2016. that had increasingly been met with elements of the RGA unconstitutional. Nolulama Jara, one of the convicted broken promises, hostility, and refus- Our appeal application is being lodged SJC leaders, tragically passed away als. at the Western Cape High Court in in August 2015. We deeply mourn the 21 activists were arrested and March 2016 following delays with ac- loss of Nolulama and thank her and charged with contravening the Regu- cessing the court record. her family for all their courage. She lation of Gatherings Act (RGA). In We argue that Section 12(1))(a) of remains on our appeal. February 2015, the 10 elected leaders the RGA limits the right to freedom of who identified as the convenors of the assembly as guaranteed by the Con- protest were convicted; the other 11 stitution. It criminalises a gathering of A higher court can were acquitted. more than 15 people just because no now determine the We expected the convictions. When the notice was given and is unconstitu- trial began we admitted the facts and tional. constitutionality of the did not deny that the gathering took Gatherings Act. place, but argued that the RGA itself is unconstitutional and a remnant of Apartheid.

19 Leadership and staff

The SJC’s AGM for this year In 2015, there were four commis- An important focus this year was sions: sanitation and budgets, safety on improving our internal planning was held on 4 July 2015. and justice, urban land, and branch and reporting through the adoption of For several weeks before, development. annual strategic plans complemented SJC members participated The 2015 AGM was an elective one by programme work plans as well as and a new Secretariat was elected a new budgeting and financial report- in commissions that for a two-year term. Phumeza Mlung- ing system developed with the assis- deliberated and discussed wana, Dustin Kramer, Nkosikhona tance of Cathy Masters Development our campaigns, setting Swaartbooi, and Andrew Ardington Services (CMDS). Braude Gordon & Co were re-elected as General Secretary, audited our financials this year and we priorities for the year. Deputy General Secretary, Chairper- continue to use CMDS for our manage- son, and Treasurer. Zimkita Booi was ment accounts and for financial plan- elected as Deputy Chairperson. ning, processing, and management In January 2015 we undertook inter- support. nal restructuring, moving from a de- The organisation as a whole is partment structure into a programme consequently far more functional and structure. This process formed the efficient and this has allowed all of our Local Government Programme and work to remain especially focused. Safety and Justice Programme. The restructuring was consolidated this year and we made several new ap- pointments to improve programme capacity including, senior researchers and programme administrators. In early 2015 we went through a An important focus difficult period due to a series of bur- glaries at our offices where we were this year was on repeatedly subjected to serious, and improving our what appeared to be targeted, ran- sacking and destruction of property. internal planning The SJC was eventually left with no choice but to vacate and after nearly and reporting three difficult months without offices we were able to find alternative office through the space within Site B, Khayelitsha as an interim measure. In mid-2016, we are adoption of annual moving to the new Isivivana building in Khayelitsha. strategic plans

20 This year we held an elective AGM where members participated in commissions and elected the Secretariat for the next two years

21 Leadership and staff

Secretariat: General Secretary’s oce:

Chairperson Deputy Chairperson General Secretary Deputy General Nkosikhona Swaartbooi Zimkita Booi 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 Until 4 July 2015 Operations Manager Administrator Siham Surve Tembakazi Gxanase

Co-opted member Co-opted member Oce cleaner Thabisa Mfubesi Zackie Achmat Nobesuthu Kilo Until 4 July 2015 Until 4 July 2015

22 Local Government Programme:

Head of Programme Senior Researcher Programme Administrator Junior Researcher Axolile Notywala Thandeka Kathi Ntuthuzelo Vika Thozama Mngcongo

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

Community Advocate Xoliswa Mbadlisa

Safety & Justice Programme:

Head of Programme Senior Researcher Programme Administrator Community Advocate Chumile Sali Dalli Weyers Amkelwa Mapatwana Nomthetho Kilo

Community Advocate Community Advocate Community Advocate Community Advocate Khanyiswa Gxotani Malwande Msongelwa Nontando Mhlabeni Siﬁso Zitwana

23 Annual financial statements Detailed Income Statement As at 29 February 2016 Figures in R 2016 2015 Registration Number 067-689 NPO Income: This year the total grant funding received was R9 000 741 Grants and Donations 5,542,490 8,672,480 and other income was R157 112. Of the total income, Membership fees 1,058 2,310 R3 808 256 was deferred to the 2016/17 year. This leaves Sundry income 296,243 74,276 our reported income for 2015/16 as R5 996 903. Although the total expenses for the 2015/16 year were R7 259 096 5,839,791 8,749,066 our budget was fully met with effectively deferred income Other Income: from the previous two financial years. This is the first year that we moved to a deferred income structure in our Interest received 157,122 124,095 financial statements and so the actual amount deferred 157,122 124,095 from previous years is not included in the R5 996 903.

Statement of Financial Position Expenditure: Figures in R 2016 2015 Programme expenses: Governance & branch development 1,988,617 1,301,818 Assets: Local government programme 1,778,911 1,534,606 Safety & Justice Programme 1,931,126 3,981,766 Non-Current Assets Property, plant & equipment 176,621 73,950 Administrative expenses: Accounting & payroll fees 177,072 106,521 Current Assets Auditors' remuneration 22,715 21,160 Receivables 252,445 - Bank charges 7,064 3,786 Cash & cash equivalents 5,106,779 3,316,951 Communications 154,503 96,505 5,359,224 3,316,951 Computer expenses 74,877 14,425 Consulting fees - 56,131 Total Assets 5,535,845 3,390,901 Depreciation 94,108 41,933 Insurance 17,632 18,426 Legal fees 6,726 - Printing, materials & stationery 63,069 65,839 Equity and Liabilities: Recruitment Services - 40,590 Refreshments 23,652 18,202 Equity Rent & services 64,836 50,370 Accumulated surplus 1,604,730 2,866,923 Security 37,728 13,377 Sta costs 675,008 660,586 Current Liabilities Sta welfare & development 57,553 12,253 Trade & other payables 122,859 523,978 Subscriptions 1,614 - Deferred income 3,808,256 - Travel & transport 40,057 37,099 3,931,115 523,978 Workman's Compensation 42,228 6,496 7,259,096 8,081,888 Surplus/(deﬁcit) Total Equity & Liabilities 5,535,845 3,390,901 for the year 1,262,193 791,273

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

There are so many people that have been central to our struggles. With your support we will continue to fight for safety, justice and equality.

Viva SJC Viva! Safety, Justice, and Equality for All!

Fighting for dignity and democratic power

Social Justice Coalition (+27) 021 361 0298 Isivivana Centre [email protected] 8 Mzala Street www.sjc.org.za Khayelitsha @sjcoalition 7784 social justice coalition