Human Rights group condemns Acting Joburg Mayor Kenny Kunene

SERI up against another City of Johannesburg Mayor over alleged unlawful raids and demolition of the City’s buildings.

Kunene was appointed acting mayor for two days on Sunday 14 May, while newly-appointed mayor Kabelo Gwamanda was away in Cape Town. Within two days, Kunene, demolished a building in Winsor East and conducted raids in a few buildings in Hillbrow. All of which SERI says it was done without a court order.

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KENNY KUNENE DEMOLISHES BUILDING

In a statement, the organisation says Kunene’s actions are a target to the City’s poor.

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“At a time when the City is grappling with numerous challenges, it is disconcerting that the primary focus of the new Acting Mayor is to subject vulnerable communities to unconstitutional conduct that violate their fundamental rights to dignity and privacy”, SERI said in a statement.

CITY OF JOBURG VS THE POOR

This is not the first time that the City has come under the scrutiny of the human rights group, as SERI took former Mayor Herman Mashaba to court over the lawfulness and constitutionality of over 20 police raids conducted between June 2017 and May 2018.

The residents challenge the constitutionality of section 13(7) insofar as it allows for a person’s home to be searched without a warrant issued by a court. The residents also claim compensation for the breach of their rights to privacy and human dignity.

The matter was heard before a full Bench of the South Gauteng High Court on 16 March 2020. On 29 June 2020, the full bench of the High Court in Johannesburg delivered a judgment declaring section 13 (7) (c)  of the SAPS Act constitutionally invalid.

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SERI then approached the Constitutional Court (Residents of Industry House and Others v Minister of Police and Others)to declare the section constitutionally invalid as per the high courts decision and were successful.

The court held that these raids “were conducted for an ulterior purpose, which is an abuse of power indicating wanton and calculated disregard of the law by the City and a predacious, mechanical scheme to terrorise and forcibly evict suspected unlawful occupiers, under the guise of restoring public order.”

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The organisation has called on the City to find alternative ways to deal with its housing problem.

“We call upon the City to rectify its course and refrain from unlawful conduct. We also urge the City to urgently devise and implement
a comprehensive housing strategy that addresses the needs and rights of its vulnerable residents.”

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