Abahlali BaseMjondolo Movement marchMonday, February 27, 2006
The police and municipal government's crackdown on the Abahlali BaseMjondolo (shack dweller's) Movement march on February 27th was yet again a clear indication of the crisis of democracy in South Africa. The call "No land, No house, No vote" was a stark reminder of how the right to vote must be accompanied by a right to representatives who will support the legitimate demands of poor in the current political arena. This is not the case for Abahlali BaseMjondolo or many of the poor in South Africa.
How can democracy be said to function for those whom the political system has failed so significantly? How can people find faith in a system that continues to exploit them, repressing even their access to forums within which they can express their concerns? Monday's events were an unmistakable reminder of how the city and its' police are suppressing the poorest of the poor through the illegal use of state apparatus.
FOREMAN ROAD
Monday February 27th began early. Raj Patel and I arrived at Foreman Road just after 6 a.m. Raj had received early news that police had already moved into the Foreman and Kennedy Road settlements. At Foreman Road police vehicles and armed officers blocked all exits to the settlement, including a distant footpath. At least 10 police cars and armoured trucks crowded the road. A standoff ensued the residents milling about on short section of the street above the settlement. Some residents sang and toi-toied beside the large and armed police presence. An ETV camera crew was already on the scene. I started filming immediately upon entering the settlement. The story that follows is based on that footage and my hand-written notes.

Immediately, Raj presented Sgt. Glen Nayagar with the "Regulation of Gatherings Act". The Act plainly states that citizens have the right to assemble and march if notice is provided to the authorities. As Raj made clear to Nayagar, since post-apartheid 1994 amendments, marching and public gatherings are legal if the city has been given due time to contest. Abahlali duly gave notification within the appropriate time frame. The police react offensively to this information, and continue to insist the march is illegal. Raj asks to know who requested the police prohibition of the march. Nayagar claims he received orders from his 'superiors'. When Raj inquires further as to who specifically endorsed the police action, Nayagar put him off. "Are you intentionally obstructing this legal march", asks Raj. Nayagar responds that he doesn't want to argue about these things.
[Image: Raj Patel explains the "Regulation of Gatherings Act" to Sgt. Nayagar.]By this point, it is clear that the police were acting from orders above their heads. When pressed, Nayagar admits they have no documentation with them to justify their claims that the march is illegal. He states that his 'documents are in order' and that Abahlali would have to take him to court for him to present it.
Hoping to avert the complete repression of the march, Mnikelo and Raj attempt to negotiate. Finally, after much discussion between Sgt. Nayagar, Mnikelo and Raj, Nayagar says the police will not prohibit people from leaving the settlement to get on a bus if they go two-by-two or in single file. He insists that if people gather they will be arrested. When Raj protests, "But this is their home", Nayagar replies that they must get off the street and go into their shacks. It is evident that the police are not leaving Foreman Road, nor are they entertaining the idea that the march is legal. While claims to letting the marchers exit the community were made, no sign to that effect was apparent.
At this point, police tell residents they must clear the road, which everyone duly obeys by crowding tightly onto the small sidewalk between the road and shacks. This demand was undoubtedly meant to intimidate residents. The 'clearing' of the road was completely unnecessary since the large convoy of police cars totally blocked the roadway making it impossible for other traffic to get through.

Still, people's spirits remained high. There was singing, dancing, joking and laughter from the crowded sidelines. Philani made a police siren with the bullhorn as he shooed people back from the road, mimicking and poking fun at the police. Children of all ages were part of this mass huddle, dancing and singing happily. Weaving through the police line were children and mothers heading to school and people on their way to work. Any day in Foreman Road you would see a similar mix of people talking and hanging out on the street, since it is the main thoroughfare in the community.
By about 8:00 am, under this subdued context, riot police were called in to disperse remaining residents from this small area they were confined to on the road. It was hard to see whom the police were attempting to push from the street. The riot cops formed a front line followed by reinforcements with batons and guns. After orders from Sgt. Nayagar, police charged the residents, on their own street, in their own community, forcing them down the slippery alleyways of the settlement.
The police charge quickly becomes an exercise in futility, as the street itself was almost empty, residents having been huddled at its edges. Most of the people who were still pushed up against the shacks rushed into the nearby alleyways. Nayagar ordered the police to arrest anyone in sight, even those on the pathways leading down into the settlement, directing police towards women standing on the sidelines near their shacks. People ran in all directions towards their homes. Nayagar insisted the residents be followed into the settlements. He ordered a small group of riot cops to chase people down into the alleyways. Residents were slipping and sliding on the muddy and sewage-laden stairwells and alleyways.
There were, of course, many small children amidst this mayhem, including a baby wailing in the arms of her father less than a meter away from the heavily armed police. One cop emerged from a doorway grasping a resident forcibly by the shirt. The young man pleaded with the cop: "I stay here!" he said, pointing at the shack he was being pulled out of.
After backing a group of men and women into a corner the police demand the residents return to their homes. Frantically the residents point to their homes, above them on the hill, which the police had chased them away from. After some threatening remarks, the police ascend and again storm the streets. This time, under orders by Nayagar, a small group of officers go directly to the home of Philani Ntazi.

Nayagar orders the officers, "In there! The brown door there! Go inside there!" The cops push open the door with their batons and drag Philani from his home into the armoured police truck. Luvuyo Mkhize is also pulled from his home next door. Neither Luvuyo or Philani resist arrest. Ludumo Mgibi is also arrested after being dispersed by police.

Later we discover M'du Hlongwa, 26, from Lacey is arrested as he waits for a taxi to take him to Kennedy Road. The four arrested men are taken to Sydenham community police station.
Shortly afterwards, the superintendent of the police arrives on the scene in a shiny new Mercedes. Again he demands to see the ‘permit, which has not, and does not, exist in South Africa since post-Apartheid amendments made marching and public gathering legal after notification to the city.
Given no other choice, Mnikelo, Raj and S’bu rush to the Durban high court to get an injunction highlighting the legality of the march.
By 8:00 the bus driver meant to take residents to begin the march from Botha park arrives at Foreman Road. The police threaten to arrest him if he attempts to take people to the march. The driver complies, visibly shaken by the large police presence.
The police joke to each other about Foreman Road residents; “These people come and shit in my yard. They have no respect." “They want to leave their mark like dogs.” “They’re waiting for a court order to be able to march, but now they’ll be too late” they snicker.
SYDENHAM POLICE STATION
M’du, who managed to keep his cell phone on him in jail, gives an interview on Lotus Radio reporting from his cell how he and the three others have been beaten by police after having been denied toilet facilities in the cell. M’du reports that they were told to "Piss where you are" in isiZulu and English after numerous requests to go to the toilet. Finally, M’du did just that, and pissed out of the cell into the corridor, after which the police beat them.
At noon Richard Ballard and I bring food to the four detainees. Patrick Bond arrives on the scene with some visiting international scholars. Police Chief Marays and Captain Lazarus meet Bond and lead Richard, Patrick and I into the cells. M'du and Ludumo show marks on their bodies from the beatings. After a quick, cursory inspection, Marays waves them off claiming, “they are making it up”. When asked if there was a doctor on site, Marays says there is not. He asserts that 'hooligans' like these are always making false claims of harassment and abuse by police. Outside the station he screeches at Bond, who reminds Marays of the constitutional right to protest, “The constitution is not meant to protect hooligans! The constitution is meant to protect all of us, and that includes the police!”
JAHDU PLACE
Similar events to those occurring at Foreman Road are also unfolding at Kennedy Road and Jahdu Place. At Jahdu Place, masses of riot police descend into the settlements, blocking all exits and harassing people.
Earlier that morning residents had boarded eight buses, only to be prohibited from stopping at Botha Park by police. The buses, still full, returned to Jahdu Place. While waiting to find out whether the interdict would allow the march to go forward, a standoff between police and about 500 residents ensues after police demand residents return to their homes. Riot police charge residents, threatening to shoot, chasing them up the hills into the settlement.
[Image: Jadhu Place standoff with police, by Steph Lane]By 1 p.m. the High Court of Durban finds the march legal. The interdict states clearly that, "the march organised by (Abahlali BaseMjondolo Movement) from Botha Park to the City Hall in Durban on 27 February 2006 to highlight issues of landlessness and lack of housing is not prohibited or illegal". It also states that, "the [the city and the police] are interdicted and restrained from preventing or prohibiting the march". Cheers and dancing erupt at Jahdu place as the verdict comes through on Fazel Khan's cell phone. Preparations begin again to get residents to Botha Park. Jubilation is high.
At long last the march is happening. Hundreds of Abahlali activists move down West Street to City Hall, followed by a police escort.
SYDENHAM POLICE STATION
Back at the Sydenham police station, Ashwin Desai negotiates with Lazarus and Mayars to have the four arrested men released to attend the march in light of the High Court's ruling on the legality of the event (thus nulling, it would be assumed, the charge of 'illegal gathering'). After some negotiations, the police agree to let the men out with no bail, and an order to appear in court on the 3rd of March. Shaken but relieved, the four emerge from their cell at Sydenham.
FINALLY AT CITY HALL
M'du, Philani and Ludumo arrive just in time to give speeches in front of the at least 500 people gathered before City Hall.

To cheers and chants S’bu hands over Abahlali's demands to Mike Mabuyakhulu at City Hall. The day has been won, but not without sacrifices, beatings, harassment and intimidation by the city and their officers. The struggle continues!