Well, all but one of the court cases has already been resolved, and in fact the majority
of Marikana land was never under legal review, because the relevant landowners had not
initiated the process of evicting those residents. Since many Marikana residents have now
lived there for more than six months, the Prevention of Illegal Eviction Act of 1998 grants
them certain rights: if a court now decides that they must be evicted, it has to consider
carefully whether the municipality has alternatives for them. In any case, an eviction
operation against 30,000 people stands no chance of success unless they can be resettled, and
the cost of resettling them would be prohibitive. In short, everyone already knew that
Marikana would not go away.
The principle of not spending public money on private land has some logic to it, but
the fact is that some of the Marikana land is municipal-owned. Occasionally, City officials have
speculated about servicing the road reserve areaas has been done in Siqalobut washed
their hands of it because even that area had been built up by the community. But could they
not have engaged and persuaded the community to move these houses?
In reality, the Citys answers display callous, bureaucratic, irresponsible disinterest.
They ignore the fact that human dignity is impaired by the lack of basic services, and that the
urgency of the health and sanitation problems in Marikana will grow as winter progresses.
And though Marikana protesters do themselves no favours with the senseless violence, the
fact is that everyone in South Africa, even an unlawful occupier, has rights conferred by the
Constitution and the law. Among these are rights to human dignity and to an effective housing
programmerights that have been held in abeyance as the legal process winds on. The City's
dealings with Marikana might accord with the letter of the law, but they certainly offend the
ethos of the Constitution.
Although Marikana leaders pulled the trigger, it is the disinterest of the City of Cape
Town that handed them the gun. Active and visible engagement between the relevant elected
representatives and the local leadership, aimed at producing a clear timeline for basic service
delivery, could have averted the tumult of the last week. Now the Marikana leadership is in
tatters, and the City must start building relations anew, probably with new leaders it does not
know and who do not trust it. If both sides do not learn their lessons, last weeks violence is
bound to repeat itself.