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ACHP
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
i
Communication
377/09
I Mendukazi
Patricia
Monakali and O~hers v. Repub~icof South Africa
Summary of the Complaint:
1.
The Communication was filed by tJfueCompl/'l~~C:lpt,Menduzaki Patricia
Monakali, on behalf of herself and 75 other f~6n1te~r~E:~upyingan informal
settlement known as Portion 41 of the arm Rbdikop 140 ~the Property) in the
Ekurhuleni Metropolitan Municipality, Gerriilst0tr;';~nthe);¢auteng Province of
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The CoiJ:t,plaj~t;: "~11~g~
that Portion 40
was also severely overcrowded and
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that the\('~vercrowailj.g):i'created unhygienic conditions and various social
problems f~Kthem, iri~luding regular conflict over living space. They also claim
that the he~~~ ~,!;mmerrains on Porti0r 40 regularly caused damages to their
shack dwelli~gs~ drew mosquitoes, and resulted in the rapid spread of
infectious dis'~ases. The resulting heavy floods and the absence of proper
drainage infrastructure for the storm w~ter led to the deaths of three children
by drowning in October 2004.
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6.
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The Complai~ipts allege that pridr\',~~}95cupYingthe Property in November
2004, the 76 hQ~El,~holds
represented i~t;jl'lis case previously resided on Portion
4q~8!the Roodekop Informal SettJ~n:i'Ef1situated next to a river and wetland.
Thi~;,::p:~r!ion
of tfie:,settl~ment is,'cEroneto frequent flooding and uninhabitable
durihg'Fa'("-' sUITUIlerc<seaSQiliL,/
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5.
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The Complainants liy:(:(i~,:~emporarZ/~oliti:l~~
dweiii1it~§;~§,~tuated
on the Property.
The Property alleg;edly 'b~~~,~gs.?£;~,tKe bl~~ic Da~~I( Movement Trust (IDM
Trust) and is p}:1:~f;ot,'t'4~,
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Info~m~~<~)ttl&~entsheltering thousands of
families who have no proper hOl;r~ing.
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4.
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Afric
e R~sn,'o,ndent'Stafe in this
The Complainants are citizens ofti,~:
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Communication. South Africa is/§>stat'
to/;'o/e African{,~!l.~t~r on Human
and Peoples' Rights 1981 (tl?l'~'~frican
:t;ter), having rcil~f~~athe African
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Charter on 9 July 1996.
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