JP Smith's Response to Khayelitsha Violence Anti-Poor and Unconstitutional

Today's Cape Times reports that Mayoral Committee Member for Community Safety JP Smith refuses to deploy additional metro police units in Khayelitsha, as residents there "do not pay rates". 

The Councilor is quoted as saying that he would not "squander more resources on the area" as this would mean taking resources away "from other areas where people do pay their rates", and asks "why should a group of people who resort to violence be prioritised?" 

This was in response to questions arising from the inadequate police response to violent protests that have affected thousands of residents in Khayelitsha for the past month.  Smith's comments are anti-poor, naive, and unconstitutional.   They set a very dangerous precedent for the delivery of basic services to those most in need, and may very well contribute to continued violence affecting those living and working in the area.   

The Social Justice Coalition (along with the Treatment Action Campaign, Equal Education, and COSATU Khayelitsha) has from the outset condemned the protests that have devastated parts of Khayelitsha.  We condemned Abahlali baseMjondolo Western Cape for initiating an "informal settlement strike" - which called on residents to cause "chaos" and render the City "ungovernable" - and the ANC Youth League for later joining these protests[1]. 

Since the protest action commenced, at least twenty vehicles have been stoned and set alight causing public transport to come to a halt for many weeks.  Residents are being intimidated by protestors.  A local fire station was stoned.  Municipal services ceased to operate, leaving refuse to collect in the streets and pathways, posing significant health risks to residents.  The fire department has been unable to respond to fires, leaving shacks to burn.  Innocent bystanders have been shot at with rubber bullets by police responding to protests.  

Last week, a bus carrying school children was attacked with stones leaving several passengers injured, and there was an attempt to burn down a crèche.  Another vehicle carrying unmarked exam papers was set alight.  These are just a few incidents, which serve to illustrate how comprehensively the unrest has affected residents.  The situation has intensified over the past week, and is now a serious crisis which requires an urgent response including specialized police units.

All spheres of government have a constitutional duty to protect every person's right to be free from all forms of violence.  The Constitution further states that everyone is equal before the law and has the right to equal protection and benefit of the law, and that services and resources be distributed equitably, placing the needs of vulnerable and marginalised people first.  As a public representative, Smith is required to promote the freedom, equality and dignity of all people.  Smith's comments today hold that the right to safety and life are only available to those who can afford to pay for them.

Poverty stricken informal settlements carry the burden of violent crime in Cape Town, and are desperately in need of intervention to promote safety and security as well as prevent and prosecute crime. This is the role of both SAPS and the Metro Police.  The SJC engages with residents who are assaulted, raped and murdered on a near daily basis in attempts to fulfill the most basic of tasks, such as using a toilet.  Police and the courts are under-resourced and overburdened.  Inequities in service provision - including safety and criminal justice - contribute to the continued violation of the rights of poor residents.

Smith asks "why should a group of people who resort to violence be prioritized?"   Western Cape Community Safety MEC Albert Fritz rightfully noted this weekend that the violent protests are fuelled by a small minority, and that his concern lay with the majority of law abiding citizens.  The Councilor's statements suggests nothing less than the implementation of collective punishment on the majority of law abiding citizens who are currently living in fear, because of the actions of a few.  He must be held liable for any harm that comes to these residents as a result of his failure to direct all available resources to alleviate the situation.

We call on Mayor Plato and Premier Zille to clarify whether Smith's comments echo the official positions held by the City, Province and Democratic Alliance.  If not, we request that Councilor Smith's comments be condemned, and that all resources to alleviate the violence and chaos in Khayelitsha be made available.

Statement issued by Gavin Silber, Social Justice Coalition, November 15 2010

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[1] http://sjc.org.za/2010/10/sjc-tac-ee-and-cosatu-unite-poor-and-working-class-people-khayelitsha-through-disciplined-an