'.~~-' :.;
.--.
I·
.....
'
ACH
African Commission on
Human and Peoples' Hiqhts
Human Rights our
Collective Responsibility
However, the experts also noted that
their dwellings and relocating them
stormwater generated by regular floods:
removing the Complainants and
would help to manage the
ts' Settlement], and the already
Given the demand for housing it [the
appropriate to accept and improve the
altered state of the wetland, might be
than
to move the people and their
current residential development rather
rbed grassland within the Gauteng
infrastructure to a new greenfields area, as
area is likely to have a higher
. value than this particular section of the
wetland. 69
228. The Respondent State seems to have
preference for the more worrying option
private owners through the domestic .
that Villa Liza Ext 4 - a
shows that
229. However, a careful look at
the 348 households
. the
230. Clearly, the setttements
portion 4 of
the 76
in;,tl.?:!s
their-fears
that
\;:\:<" ::.".::.~Y~·.'
and 'altetrtll'tive
:recommendation in
t the instance of the
·o .. ,.,TrI,::>ni" argued
fd~mRooikop (that is, portion 25 of
··Ho·,··n'....
r nearly the same as the residence of
140, who are the Complainants
the Complainants may be justified in
tely I tered for in the planned relocation
of
Municipality.
'~\. "·<:;~t¥?f:~:;'.•........
!~,
231. Whilst 't)1~ ~e'dporifi:~r,tt.s.tate has an obligation
to uphold the rule of law by
enforcing.~leglslationthat prevents the
occupation of private property,
the Complainants' illegal occupation of
vate property in this case was an
emergen~y 11l~,~.~,ure
by the R:spondent i
to protect the Complainants from
the flooding 9[1S1S
at the prevIOUS
on Portion 40. Having put them on
the propertyor permitted their 01..,~f-o..iln ,I upon the property, the Respondent
State cannot turn around to claim tha the Complainants are in unlawful
Annexures RM8 titled "Wetland Delineation and
Wetland Consulting Services (Pty) Ltd dated October I
70 See Ekurhuleni Metropolitan Municipality, "Rooikop <";,1'",tie,n
Respondent State's First Submission on Merits as
69