With apartheid’s end, many people thought the deplorable living conditions of poor South Africans would automatically improve. Nearly twenty years later, for some it has deteriorated, and many of those called shack dwellers are still living in informal settlements. It is the all-too-familiar display of ‘African politics’, as the mass equality Nelson Mandela and others were jailed for hasn’t been realized and the vote-inducing promises of decent housing for all routinely touted in ANC presidential campaigns still unfulfilled.

Understandably, with Mandela and his successors’ elections, their governments faced the insurmountable task of providing better lives, including housing for all as promised, but unfortunately, shack dwellers’ hopes are only continually raised and dashed. This continues to happen even though shack dwellers and politicians routinely participate in futile pre-election shack numbering and counting for relocation exercises, calling into question the effectiveness and ethics of South Africa’s democratically elected government.

In this context, the reasonable way out would be for shack dwellers to be left in peace to nurse their disappointment. Shockingly, they live in constant fear of their homes being demolished, while enduring harassments, physical assaults, evictions and even death. They endure such occurrences as targets of apartheid-era style gunpoint enforced evictions because municipalities are empowered to eradicate existing slums and prevent new slums, based on the government’s goal of eradicating informal settlements by 2014, to fulfill the Millennium Development Goal (MDG) of halving poverty. Why the SA government is attempting to meet unrealistic MDGs at the expense of their citizens is ludicrous when renowned economist Prof. William Easterly, who specializes in economic growth and foreign aid, has repeatedly stated its implausibility and even wrote a paper titled, How the Millennium Development Goals Are Unfair to Africa.

Considering the vast numbers of shack dwellers and the impending MDG deadline, their holistic relocation should be the government’s priority, but instead unethical methods are being employed to eliminate them. This has turned them into activists who are challenging their evictions and are determined to stop the destruction of their homes, livelihoods and communities.
This is the theme addressed in the multi-award winning documentary ‘Dear Mandela’. ‘Dear Mandela’ tells the thought provoking story of Abahlali Base Mjondolo (AbM) –Zulu language for People of the Shacks’ (POS) — also known as the Shack Dwellers Movement of South Africa.

The documentary’s synopsis states: ‘When their shantytowns are threatened with mass eviction, three ‘young lions’ of SA’s new generation rise from the shacks and take their government to the highest court in the land, putting the promises of democracy to the test.’

I met Dara Kell of Sleeping Giant Films, the South African co-director/producer with Christopher Nizza of the illuminating documentary, whose mission it is to disseminate the shack dwellers’ story and plight, at the Media That Matters Conference, a conference for socially-conscious media makers in Washington DC. Below are excerpts from our discussion:
SUSAN: How and why did you become involved?

DARA KELL: We believe organized social movements can successfully encourage accountability and end oppression. In 2007, we read an article about the AbM movement and we were interested in their philosophy of ‘living politics’ which everyone understands and focuses on the basic necessities of life for all. We met AbM members in 2007, got to know some of them who are passionate and committed to justice and we knew we had to make the documentary, while being oblivious of the required work and time investment.

Also, evictions backed by a new slums act were occurring in Durban and expanding, but were not being reported. We made 5, 10 and 15-minute video clips of the situation for others to see the conditions of the slums. We are telling the story of how they were threatened, including how they had to run out at night, during which on one occasion, we shot another 10-minute video of the raids. It was given to local media who ran it and people worldwide petitioned the SA government because they denied the evictions were occurring. There were also SA consulate protests in New York, so the SA government took notice.

SUSAN: Describe the movement.

DARA KELL: AbM is a democratic movement based in Durban, KwaZulu-Natal, and led by Mazwi Raymond Nzimande, Zama and Mnikelo, who are selfless and accountable leaders. They meet with their communities regularly to study, discuss and debate new housing legislations and their rights. It’s the largest organization of poor people in SA practicing living politics, which began in 2005 after a confrontation between shack dwellers and government officials over land access. It has since grown and mobilized successfully. In the documentary, former AbM president, S’bu Zikode stated,

‘Our living politics talks about the fact that shack settlements have been denied lifesaving and basic services, the intelligence of the majority has been denied, while all decisions are taken by a minority. It also speaks to the fact that everyone is created in the image of God, people are equal, and that everyone in the society counts, be they rich or poor and without regard to what language they speak or to where they or their ancestors were born.’

It is also a founding member of a network of movements of the poor called the Poor People’s Alliance, with AbM of the Western Cape, the Western Cape Anti-Eviction Campaign (AEC), the Landless People's Movement (LPM) in Gauteng, and the Rural Network of KwaZulu-Natal.

SUSAN: Making a good documentary requires access and trust. How did you receive both?

DARA KELL: We gained their trust by spending time with them. Also, my understanding of the situation as a South African made it possible to make an accurate and truthful documentary.

SUSAN: Why use the title ‘Dear Mandela,’ which might be misinterpreted as blaming Mandela for the ANC’s unfulfilled promises?

DARA KELL: We feel it is a testament to the new generation who respect Mandela’s struggle, but acknowledge that his work is incomplete because the struggle for justice didn’t end with apartheid – it still continues today.

SUSAN: What is the shack dwellers legal argument?

DARA KELL: The Provincial KZN Slums Act enforced by the Provincial authorities legalized mass evictions and violated the people’s rights as enshrined in SA’s constitution. AbM challenged provincial authorities on the act at the Constitutional Court arguing that section 16 violates section 26 (2) of the constitution because it precludes meaningful engagement between municipalities and unlawful occupiers; violates the principle that evictions should be a measure of last resort; and undermines the precarious tenure of unlawful occupiers by allowing the institution of eviction proceedings, while ignoring the procedural safeguards inherent in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), which is an act of Parliament preventing arbitrary evictions. The Court upheld AbM’s application that the act invited arbitrary evictions, and was therefore unconstitutional and declared section 16, which makes it compulsory for municipalities to institute proceedings for eviction of unlawful occupiers, unconstitutional and invalid. The legal victory affirmed AbM’s interpretation of the act and rendered the legislation inoperable and un-replicable elsewhere.

SUSAN: Have AbM’s members suffered repercussions?

DARA KELL: Their attempts to hold government accountable have induced hostility. They are threatened by shack demolitions, assassinations, mob attacks and lengthy prison detentions without trial, so they have made difficult decisions. For example, on September 26 – 28 2009, AbM members and leaders living at Kennedy Road, an informal settlement, were violently attacked by an armed gang. In the aftermath, two people were killed, supporters’ houses were destroyed, 12 members were imprisoned and death threats forced the leaders into hiding. The attack was seemingly orchestrated by the local ANC branch with police complicity, and is widely believed to have been punishment for AbM’s activities.

Amnesty International in a document titled, South Africa: Failure to conduct impartial investigation into Kennedy Road violence is leading to further human rights abuses expressed concern over the situation by stating that, ‘The apparent unwillingness of the relevant authorities in investigating these crimes, along with an atmosphere of official denunciation of the victims’ organization, has discouraged Abahlali members, supporters and others perceived to be supporters from lodging formal complaints with the police concerning continuing threats of violence made against them.’

The document also states: ‘Furthermore, Amnesty International expressed concern that public comments made by officials in the immediate aftermath of the violence about Abahlali and its leaders, including the president, S’bu Zikode, could have the effect of inappropriately criminalizing a whole organization and making its members vulnerable to threats of violence.’

SUSAN: Are negative stereotypes of shack dwellers affecting how they are perceived and treated?

DARA KELL: Yes, but we are breaking the stereotypes of them being viewed as nonhuman, uneducated, unintelligent, unorganized, and vulnerable criminals who can be ignored or mistreated because all people regardless of their social stratification should be treated with respect.

SUSAN: Have AbM members watched the documentary and how did they feel?

Thousands have watched it over the years, since we have held many screenings of the work-in-progress version and now of the finished documentary, and we’re very happy that they like it. Also, filmmakers have a duty to be truthful. Cinema is our medium, so we must employ cinematic devices to keep audiences engaged, but the documentary has to ring true for the subjects – I think that is the test, which we achieved.

SUSAN: SA has many problems and frustrated citizens because many campaign promises haven’t been fulfilled. For example, Mandela verbally stated one to five years as the time frame for housing to be provided, but it’s been sixteen years. One could attribute his incorrect time estimation to his ignorance of his promises’ magnitude which set unrealistic expectations. However, SA still having so many problems with the ANC in power for so long is confusing to many. Speak on old versus new leadership, accountability, promise fulfillment and reconciling that with Mandela’s noble legacy.

DARA KELL: Many current leaders have betrayed the ANC’s struggle and noble legacy, the legacy that Mandela and others sacrificed decades of their lives for, to have a free South Africa.

SUSAN: Can one say the current situation is a calculated betrayal by politicians or just plain ignorance of the resources required to fulfill the stated promise?

DARA KELL: It’s both.

SUSAN: There seems to be miscommunication or feigned ignorance by the government as shack dwellers endure threats and shack demolitions while Minister Lindiwe Susulu of the Department of Housing stated, ‘Nobody is thrown out and everything we’ve done is within the constitution,’ when the constitution states, ‘No one may be evicted from their home without an order of cause.’ Is this being done with the assumption that there will be no repercussions for their actions?

DARA KELL: The government wants to rid the cities of poor people and shack dwellers are targeted because they aren’t respected as members of society, and their homes are seen as an ‘eyesore,’ so they are just scapegoats.

SUSAN: How do you believe SA’s problems including the housing issue can be resolved?

Apartheid ended after a long struggle, due to the sustained work and courage of millions of people, but SA is now one of the most economically unequal countries in the world. The immense gap between the rich and poor is unjust and unsustainable. SA faces a challenge of economic and social injustice and we hope the documentary will be part of the solution by inspiring audiences to work towards teamwork focused poverty eradication schemes.

SUSAN: What is your goal for the documentary?

DARA KELL: It’s unacceptable that shack dwellers live in outrageous and inhuman conditions, so I hope people living in comfortable houses watch it and understand what it’s like to live in a shack, which is a home without sanitation, road access, refuse collection and electrical services. Another issue which further exacerbates shack dwellers’ condition is the government’s unwillingness to provide electricity, which they can pay for. All they need is the connection. Many use paraffin stoves and candles, which lead to shack fires and loss of lives, livelihoods and homes. Some connect to the electricity illegally, so that they don't have to use stoves and candles, but doing that also causes electric shocks and electrocutions. I also hope the documentary is seen by government officials who may not understand the consequences of their decisions and policies, especially when they order forced evictions, which leave people homeless or force them into transit camps, which are just human dumping grounds.

SUSAN: How can shack dwellers be empowered to create better housing for themselves?

DARA KELL: They are willing to build houses themselves, but they cannot afford land. Youth unemployment is at 40 percent; so many university graduates are unemployed. The government needs to provide employment opportunities urgently, that will enable them to build.

SUSAN: What is the current housing situation in SA?

At the 2010 Human Settlements Budget vote, the Minister of Human Settlements, Tokyo Sexwale MP stated, ‘The number of informal settlements has grown from 300 in 1994 to 2600 in 2011. The housing backlog has grown from 1.5 million in 1994 and now stands at approximately 2.1 million. That means approximately 12 million South Africans still need better shelter.’

Also, the UN-HABITAT publication, Enhancing Urban Safety and Security: Global Report on Human Settlements 2007, states that around 2 million people, comprising mostly of slum-dwellers, are forcibly evicted every year. The effects of forced evictions on slum-dwellers are often disastrous, leaving them homeless and forcing them deeper into poverty.

SUSAN: Considering these negative occurrences what is the significance of Freedom Day, April 27, which is the annually celebrated commemoration of SA’s first democratic elections for disillusioned shack dwellers?

DARA KELL: They celebrate ‘Unfreedom Day’ instead.

SUSAN: Shack dwellers must become their own media to tell their own stories because their stories are often un- or under-reported. How are they being empowered to do so?

DARA KELL: There’s a growing documentary industry and some workshops for the youth to learn documentary production skills have been held, but there’s more work to be done.

SUSAN: What is the current situation of the shack dwellers including AbM’s leaders?

DARA KELL: After the attacks on AbM members at Kennedy Road in 2009, the prosecution of 12 AbM members allegedly involved in the attacks began. The trial dubbed as the ‘Kennedy 12 trial’, was clearly politically motivated, with the accused being denied bail for months and very little evidence presented against them by the police. Numerous requests by AbM for an independent investigation were also ignored. At the trial, one of the witnesses admitted that the police had told witnesses what to say, and the police admitted the attacks had been arranged by the ANC. On July 18th 2011, the ‘Kennedy 12’ members were acquitted of all charges at the Durban Regional Court. Magistrate Sharon Marks dismissed all the charges after she labeled the state’s witnesses “belligerent”, “unreliable” and “dishonest”. She found that violence had occurred. However, there was no evidence that AbM activists were responsible. She also expressed concern that the police paraded coached witnesses to identify members of a dance group closely associated with AbM, rather than anyone who had been seen actually perpetrating violence. AbM’s legal counsel and the Executive Director of SERI, Jackie Dugard, who represented the “Kennedy 12,” stated, “It has been clear for some time that the Kennedy Road accused were charged not because they had done anything wrong, but because they were associated with AbM. Today’s verdict is a complete vindication of AbM.” However, targeted evictions of communities who are unaware of their rights still occur.

SUSAN: How can the world community assist?
DARA KELL: Lawyers, reporters, activists and donations are needed. AbM members also need assistance to create poverty alleviating entrepreneurial opportunities. For more information, they can visit www.abahlali.org , www.seri.org and the Dear Mandela’s Take Action page.

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