Lwandle evictions: ‘Cops kicked pregnant woman, used live ammo’

2014-07-21 17:44

A young man committed suicide and a woman miscarried following the eviction of illegal shack dwellers in Lwandle, Cape Town, last month.

“These are just some I had occasion to consult with. I am trying to assist you in connecting with the real and the authentic,” said Sheena St Clair Jonker, founder of the Access to Justice Association of Southern Africa today.

She was testifying at an inquiry investigating the eviction of people from SA National Roads Agency Limited land on June 2 and June 3.

Jonker said she was called by Ses’Khona People’s Rights Movement leader Loyiso Nkohla to consult residents and provide legal services.

Her written and oral evidence was to supplement that of Ses’Khona.

She said a woman who was four months pregnant was kicked by a police officer carrying out the eviction, and she miscarried her baby later that day.

A 21-year-old man committed suicide after he arrived at the area to find his home demolished and his possessions gone, she claimed.

She showed the inquiry a newspaper photo of community leader Xoliswa Masakala, who was seen naked and held at the throat by a policeman.

Jonker said Masakala was “brutalised”, arrested and charged with public violence.

Many others were arrested on the same charges for asking questions about what was happening and trying to retrieve their possessions.

“A group of about 10 were arrested on the day, incarcerated at police holding cells for a few days and then all moved to Pollsmoor Prison,” she said.

She also claimed she had evidence that live ammunition had been used.

“[The eviction] amounted to a shooting of the wounded, a further injury to the already injured and further impoverishment of the already impoverished. It’s not okay.”

She recommended that a restorative justice dialogue take place with all parties to sort out compensation and reparation.

Inquiry member Butch Steyn said it was not in dispute that there had been some form of abuse but he was concerned that Jonker had not verified much of the information coming from residents.

“It leaves me a little bit uncomfortable. Do you have affidavits to back this presentation? If you do, we need copies,” said Steyn.

Jonker replied that gathering information had taken a while and she did not have affidavits. However, she had comprehensive consultation notes that could be converted to affidavits.

Inquiry member Annelize van Wyk asked whether she had evidence regarding her claim of live ammunition and whether she had reported the alleged police misconduct to the Independent Police Investigative Directorate (Ipid).

Jonker replied that a resident had retrieved a live round. She committed herself to laying complaints with Ipid.

Van Wyk asked that this be handed to the inquiry as soon as possible.

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