Dear Cde's

Judge Erasmus handed down judgment in the Cape High Court today in the case
Beja v. Premier of the Western Cape. He ordered the city to enclose the 1316
unenclosed toilets in Makhaza, Khayelitsha.

Full judgment here:
http://db.tt/FziAQTF

The judge made this comment, "The Mayor of the City of Cape Town (the second
respondent, hereinafter referred to as the “Mayor”) Mr Dan Plato and second
applicant, Mr Andile Lili, who purports to be a political leader and an
Executive member of the African National Congress Youth League, (hereinafter
referred to as “ANCYL”) simply failed to rise above their political contest
as opposed to their duty towards those that need to benefit the poor and
vulnerable."


Below is most of the order. Can't copy and paste the last part of the order,
but the important bits are captured below.

1.
It is declared that the conduct of the second and third respondents in
providing
unenclosed toilets to the applicants and the community of the Makhaza
informal
settlement, to be in violation of their constitutional rights more
particularly, section
10,12,14,24,26 and 27 contemplated in the Constitution for the Republic of
South Africa.
2.
It is declared that any purported agreement entered into between the second
and third
respondents and individual members of the community of Makhaza in respect of
the
provision of unenclosed toilets, to be unlawful, and inconsistent with
constitutional duties
of the second and third respondent as contemplated by the Constitution of
the Republic
of South Africa as well as with other laws.
3.
The second and third respondents is ordered to enclose all 1316 toilets
which form part
of the Silvertown Project, Khayelitsha (which includes those erected in the
Makhaza ...






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