Fighting Fascism Is A Task For Us All (Antifa Statement)


Sauce : The Aussie Hall of Shame (Facebook).

Sauce : Antifa England | Date : October 28, 2009

In the past in Britain (and still today in most other European countries) opposing fascism was considered a duty by almost all anarchists and socialists. Today, many (particularly within the British anarchist movement) have abdicated responsibility for taking on the fascists, and either ignore the issue completely, or at best seed responsibility to specialist antifascist groups such as Antifa. Opposing fascism is something ALL of us have to play a part in, particularly with the growing influence of fascist groups like the British National Party (BNP).

Organizations like ‘Unite Against Fascism’ (UAF) and ‘Hope Not Hate’ would probably agree with the above premise. However, while many of their rank and file supporters may be genuine in their intent, the organizations themselves have no real interest in defeating organized fascism. The UAF is a front-group dominated and controlled by the Trotskyite ‘Socialist Workers Party’ (SWP) who are far more interested in selling papers and recruiting members than in effectively confronting the BNP. ‘Hope Not Hate’ were set up by the State-affiliated entity ‘Searchlight’, who tell us we can stop the BNP by voting Labour and helping to strengthen the tools of the State itself (i.e. new laws). Both groups merely seek to manipulate and exploit antifascists, and arguably their stupid politics must take some of the share of responsibility for the rise of the BNP in the first place. At best they are a waste of time.

Antifa is a network of ordinary men and women opposed to the rise of the Far-Right. We work autonomously, but are united by a shared set of principles enshrined in our Founding Statement. If you support our position, you can get involved with one of our groups, or you could even set up your own. Ultimately however, we are not asking for people to join us; we are not asking for your contact details or for your money; we are simply asking for you to ACT.

While their true aims have not changed in the slightest, the BNP are trying to make the move from the shadows of neo-Nazism to mainstream politics. They are hiding their old swastika armbands under suit jackets and going out leafleting instead of petrol-bombing the homes of Asian families (leaving that kind of terror to their fascist allies and their ‘off-duty’ members). They stand candidates in elections and regularly hold stalls in town centres around the country. Going public in this way however, makes them vulnerable.

Besides the BNP, there are other fascist groups who must also be opposed when they come out onto the streets. They are in many ways even easier to combat. In fighting organized fascism the only limits are our imagination and courage, even small numbers of people can make a difference.

Antifa however, also believe in organizing within our own communities against the spread of racism stirred up by everyone from the mainstream media to New Labour, and against the fascism of the BNP. Only by organizing in our own communities and workplaces can we hope to defeat fascism once and for all. In the white working-class areas where the BNP have already gained a toe-hold (primarily former Labour strongholds where people rightly feel betrayed by the mainstream parties and have been conned into seeing the BNP as some form of ‘radical’ alternative), as well as confronting the BNP physically, we should aim to challenge the BNP’s fascist politics and replace them with our own anti-racist, anti-state, and pro working-class politics.

These are desperate times for antifascists and all of us must play our part in taking on organized fascism. Antifa believe we have already shown on numerous occasions that a relatively small number of dedicated antifascists can score decisive victories. Most of our actions and activities go unreported, but the fascists know and fear us. Imagine what a difference it would make if there were thousands of us.

Antifa England

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Flubba Bubba Out Da Front // Oh No Here Comes An Abo!

ROFLMAO. YouTube is ace.

See also : Hey Hey It’s Saturday (c. October 7, 1979) (October 9, 2009) | Hey Hey It’s Not Racism! (October 11, 2009) | Hey Hey It’s Samstag! (c.1939) (October 12, 2009).

“J from Deaths Head with the boys from Kill Baby, Kill at the recording studio, Australia Sept 2008.”

See also : YouTube: “we don’t permit hate speech”. No, really., September 20, 2009.

Posted in Anti-fascism, Music | Tagged | 7 Comments

song for a sunday

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Pride & Prejudice : Mark White investigates the rise of Australia’s far right…

Pride & Prejudice
Mark White
madison
December 2009

It’s a cool September morning on the day of the AFL Grand Final, and in a function room of an inner-city Sydney RSL Club, a small crowd of men and women have gathered from around the country. [1] A middle-aged man in a red T-shirt is addressing them. A sign behind him reads: “Is today’s economic system serving the people of a nation?” but that’s not what he’s talking about. He’s talking about Hitler and facing some hostile questioning.

I’m at day one of the Sydney Forum, an annual weekend gathering of Australia’s Neo-Fascist and nationalist groups. Look closely and you’ll be hard-pressed to find a single skinhead here. Instead, the crowd is mostly male, middle-aged and conservatively dressed — trousers, shirts and sensible haircuts. All, that is, except for a man in front of me wearing paint-spattered camouflage trousers and a T-shirt bearing the Eureka flag and the words “Aussie patriot”.

The event’s MC suddenly takes the microphone. [2] “They [RSL club members] tried to remove us from [this] club … if you behave and don’t shout ‘Heil Hitler!’ this forum will go ahead. This forum is not for Hitlerites!”

There is a whole roster of speakers planned for the forum, including talks on 9/11, al-Qaeda and, later on, a speech by inky-haired former radio presenter Terrie-Anne Verney, who was sacked from a NSW community radio station after it was revealed she was the administrator on the racist Facebook group “Fuck Off We’re Full”. [3]

The RSL club officials wanted to cancel after finding out who precisely had booked the room, but were advised by police to let the event go ahead. [4] Outside, a small group of protesters have gathered, holding banners that read “Neo-Nazis” and are shouting at people as they enter the club. Despite the venue being kept a secret until 7am this morning, one of the protesters bought a ticket to find out where it would be.

I ask Jim Saleam, the event’s organiser and NSW director of the white-nationalist Australia First Party, why he is holding the event on the day of the final of the Aussie Rules football match. “It’s a free-speech weekend”, he says. “You’ve got to hold it some time.” [5]

========================

We all remember the riots on December 11, 2005, in Cronulla. [6] For a brief moment in Australian history, the southern Sydney beach suburb became a cauldron of bubbling racial tension as a crowd of mostly white Australians demonstrated against what was believed to be a racially motivated attack by Middle Eastern youth against two Caucasian lifeguards. Crude slogans filled the streets: “Wog-free zone”, “Lebs go home” and “We grew here, you flew here”. It wasn’t long before violence descended and Australia found itself in the middle of an international media firestorm.

Fast-forward to June 2009 and Australia was back in the international firing line, this time after a spate of alleged racist attacks against Indian students in Melbourne and Sydney. [7] And then, of course, there was Hey Hey It’s Saturday, and the now infamous Red Faces incident in October, in which a Jackson 5 tribute band performed in front of singer Harry Connick Jnr with their faces painted black. It hit an already overly exposed nerve and Australia was propelled to the middle of a world racism debate. Yet again. [8]

Interestingly, a decade-long survey, named Challenging Racism and released last year, found that levels of racism were actually falling in Australia, with one person in 10 thinking some races were superior to others (figures in Europe run to three in 10). Get a little closer to the action, however, and leaders of some of Australia’s notorious far-right groups will tell you that membership is on the rise. [9]

There are worrying signs. In May last year, a group of Aborigines claimed they were threatened by a man with a tomahawk wearing full-length Ku Klux Klan gear in Griffith, NSW, and days before Prime Minister Kevin Rudd’s apology to the Stolen Generation in February last year, a video was posted on YouTube featuring an Australian man in a white hood with a burning cross. The subject line? Australia says sorry. The body copy: no way go and screw your [sic] self monkeys. [10]

More worrying still were boasts in September by Alice Springs local Denis Donohue, who was investigated for selling T-shirts emblazoned with a Nazi swastika and the words “White Power”. He told a journalist: “That was just a novelty thing because I was sick of them all breaking into my home”, adding that he had sold some T-shirts to local police officers. [11]

In May this year, US Klan leader Thomas Robb admitted Ku Klux Klan members were indeed across Australia, a claim backed by leading anti-Klan crusader Johnny Lee Clary, himself a former Klan leader who, having discovered God, now campaigns against the group. Far-right political party Australia First has registered as a national party and will contest federal elections, while One Nation is back from the grave with an outspoken redhead as its new poster girl. [12] Could Australia be heading back into its dark past? “I do think there’s certainly an anxiety within all minority communities that multiculturalism and tolerance can decline when people are feeling threatened, jobs are in short supply and money is tight”, says Deborah Stone of the Anti-Defamation Commission.

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Klub Naziya in Chippendale

Huh.

Word on the street is that approximately 100 people attended a demonstration outside Humanist House in the Sydney suburb of Chippendale yesterday evening, to protest the NSW Humanist Society’s decision to hire out its meeting rooms to members of ‘Klub Naziya’, a loosely-organised monthly fellowship of angry Aryans. The Society is ostensibly committed to what it terms ‘humanist’ values; values which, in practice, embrace providing a forum for neo-Nazis.

Unlike last month, the members of KN apparently failed to appear yesterday, which suggests one of two things. Either the Society has withdrawn its invitation to this particular group of fascists to make use of Humanist property, or other arrangements have been made to ensure that the Master Race is able to meet in peace and quiet, well away from the filthy Jews intent on disturbing their contribution to the promotion of humanism in Sydney. Note that no official communication has been forthcoming from the NSW Humanist Society vis-a-vis its provision of facilities to neo-Nazis, so it’s impossible to state with any certainty the future of Klub Naziya at Humanist House. What does seem certain is that the NSW Humanist Society is happy to allow its reputation to be dragged through the mud by a handful of people too ‘extreme’ even for Dr James Saleam.

British-Israel Case To End In Final Defeat Of The Palmer Clique: What Will The Usual Suspects Do Now? Klub Naziya? Klub Nation?
May 18, 2005

…What now for [Daevid] Palmer? The game goes on. In January this year, the neo-nazis organised a piss-up club under alternate names: Klub Naziya or Klub Nation. It had been meeting on a fortnightly basis and now about monthly. The first meeting on January 7 saw a major split. The people best known as ‘White Pride Coalition of Australia’ walked out. They have since denounced the heavy alcohol consumption at the meetings and foreshadowed the idea that this might lead to criminal offences. They were undoubtedly right. Given that Palmer has been talking of killing and terror for years, it seems certain someone is to be revved up to do a crime. We are still witnessing the usual pattern of neo-nazi provocation in action.

It is the opinion of the nationalists that neo-nazism must be harried out of existence. It provides the potential for provocative-violence, the entrapment of some sincere youth, a conduit to collect intelligence on the wider patriotic movement, a pool for the harassment of nationalists and other patriots and a yardstick for media anti-patriotic propaganda.

Palmer’s clique is wounded and bleeding badly but it is still in play and has reformed around a new front-man, Mr. J. Rafty. Meetings are taking place between private dwellings in Ultimo and Glebe, but membership (sic) is now a handful. Yet, there is also the strange case of the fake ‘British Israel World Federation Australia Limited’ (BIWFAL), a body set up thanks to the neo-nazis’ lawyer, Mr. John Boyle, such that a claim for monies from the Nicholls Estate could be made[.] Mr. Boyle has in recent times actually claimed to have ‘converted’ to the British Israel faith; however, his loyalty is focused on the fake entity and not the legitimate body. The connection between Mr. Boyle and the so-called ‘conservative’ faction of the New South Wales Liberal Party is well known. Will the Liberals st[i]ll have use for the neo-nazi shadow operation?

Nothing about the neo-nazis is ever certain. Vigilance must be sustained as the ultimate round is soon to begin.

http://home.alphalink.com.au/~radnat/kangarooreich/partthirty.html

See also : Neo-Nazism ~versus~ humanism (November 4, 2009) | Is neo-Nazism humanist? (October 14, 2009).

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Burn It Down

I’ll only ask you once more
You only want to believe
This man is looking for someone to hold him down
He doesn’t quite fully understand the meaning

Never heard about can’t think about
Oscar Wilde and Brendan Behan
Sean O’Casey, George Bernard Shaw
Samuel Beckett, Eugene O’Neill, Edna O’Brien and Lawrence Stern

Shut it: you don’t understand it
Shut it: that’s not the way I planned it
Shut your mouth ’til you know the truth

I’ll only ask you once more
It must be so hard to see
This man is waiting for someone to hold him down
He doesn’t quite ever understand the meaning

Shut it: you don’t understand it
Shut it: that’s not the way I planned it
Shut your fucking mouth ’til you know the truth

Never heard about won’t think about
Oscar Wilde and Brendan Behan
Sean O’Casey, George Bernard Shaw
Samuel Beckett, Eugene O’Neill, Edna O’Brien and Lawrence Stern
Sean Kavanaugh and Sean McCann
Benedict Keilly, Jimmy Hiney
Frank O’Connor and Catherine Rhine…

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Pride & Prejudice : Mark White investigates the rise of Australia’s far right…

Pride & Prejudice
Mark White
madison
December 2009

It’s a cool September morning on the day of the AFL Grand Final, and in a function room of an inner-city Sydney [Petersham] RSL Club, a small crowd of men and women have gathered from around the country. A middle-aged man in a red T-shirt is addressing them. A sign behind him reads: “Is today’s economic system serving the people of a nation?” but that’s not what he’s talking about. He’s talking about Hitler and facing some hostile questioning.

I’m at day one of the Sydney Forum, an annual weekend gathering of Australia’s Neo-Fascist and nationalist groups. Look closely and you’ll be hard-pressed to find a single skinhead here. Instead, the crowd is mostly male, middle-aged and conservatively dressed — trousers, shirts and sensible haircuts. All, that is, except for a man in front of me wearing paint-spattered camouflage trousers and a T-shirt bearing the Eureka flag and the words “Aussie patriot”.

The event’s MC [Welf Herfurth] suddenly takes the microphone. “They [RSL club members] tried to remove us from [this] club … if you behave and don’t shout ‘Heil Hitler!’ this forum will go ahead. This forum is not for Hitlerites!”

There is a whole roster of speakers planned for the forum, including talks on 9/11, al-Qaeda and, later on, a speech by inky-haired former radio presenter Terrie-Anne Verney, who was sacked from a NSW community radio station after it was revealed she was the administrator on the racist Facebook group “Fuck Off We’re Full”.

The RSL club officials wanted to cancel after finding out who precisely had booked the room, but were advised by police to let the event go ahead. Outside, a small group of protesters have gathered, holding banners that read “Neo-Nazis” and are shouting at people as they enter the club. Despite the venue being kept a secret until 7am this morning, one of the protesters bought a ticket to find out where it would be.

I ask Jim Saleam, the event’s organiser and NSW director of the white-nationalist Australia First Party, why he is holding the event on the day of the final of the Aussie Rules football match. “It’s a free-speech weekend”, he says. “You’ve got to hold it some time.”

[Continued…]

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How to Make Trouble… // The Dole Army

Sarah is 29 and homeless. She lives on welfare. When she is not on the streets she is in rooming houses. At the moment she pays $160 a week for a single room in a house in the suburbs of one of the world’s most liveable cities. There is no bedding provided. Her room is so small there is not enough space for her belongings. The door to her room was kicked in three times in a recent week. But at least her door has a lock on it. The front door of the house has no lock. Sarah shares a bathroom with 10 other residents, sometimes more. She says it is covered in blood most days. During winter the heating in the house was switched on for two hours a day, one in the morning and one at night. There are no lights in the corridors.

In other news, How to Make Trouble… was thrown upon the floor of Victorian Trades Hall last night, and a bloody battle among the 57 varieties of Red ensued over the grisly remains of the many years of trouble-making condensed on to its pages.

I’ve not read any reviews of the book as yet, but the following review by Jim Perren of the ‘Australia First Party’ provides a chillingly accurate account of the historic role of Jews in causing decent, law-abiding, White folks like you — but not me, apparently — so much trouble.

@ndy the ‘trouble maker’
Whitelaw Towers
October 15, 2009

Well, that title just about covers it. It neatly encapsulates FDB’s modus operandi.

Yeah, we suppose, when you’re a bored, whiny little prat who was unpopular at school and ‘awkward’ with girls like @ndy this kind of thing must seem really ‘radical’ and ‘cool’. You know the stuff. Sorta like what ‘The Chaser’ crew and other private school, university wasters get up to. It’s all just put down to youthful high spirits and ‘creative’ or ‘progressive’ minds ‘pushing the envelope’ and stuff IF you happen to be from a wealthy or influential family or, like Darp and @ndy, just well connected Middle Class brats.

Of course real Working Class Men just have to… well… WORK ‘n’ stuff (that’s getting dirty and grimy and tired) and get on with the daily grind of paying bills and taxes and raising a family etc. Yeah, that’s right @ndy. That’s how your handlers in the system prevent real revolution and overthrow from ever happening. Most people, especially the Proles you seem to idealise in ‘Neo-Soviet’ fantasies, haven’t got the energy to spare for dissent and resistance. They are simply too busy, tired, stressed, to read ‘challenging’ literature, study politics and involve themselves in activism.

That’s left, largely, to lazy pricks like you and the FDB crew who are still thinking and acting like ‘youth’ at thirty something while living at home with mummy. The only reason blokes like us at Whitelaw Towers are even involved is because you and your very, very stupid mates attacked us with an over the top ferocity well out of proportion to our original interest and involvement in politics. You, or more accurately Darp and Weezil, basically did what nobody else seemed able to do for decades in Australia. They united many disparate elements of White Nationalism in a common cause and enlightened many to the sheer scale and depth of the conspiracy against White people.

The FACTS are that FDB have created more ‘born again’ White Men and strengthened the resolve of many more who were already dedicated to the cause than any amount of recruitment drives from various Nationalist groups could ever have achieved. Thanks for that. You IDIOTS! Just remember that next time you’re all sitting around and smugly claiming the great ‘success’ of the Fight Dem Back project.

Just as Darp has a homoerotic fetish for gigantic pacific islander thugs dressed in lumber jackets and playing at builder’s labourers so too is @ndy so fascinated with work he could watch it all day. @ndy, you and your ‘Anarchists’ are like kids playing dress up games. If anyone does have a right to glamorise the Working Class imagery it is the Working Class themselves. I am sure most real blue collar blokes would find it puzzling, suss perhaps, or even outright insulting to find that the iconography of their way of life has been appropriated by pasty, chicken necked, spotty little middle class twats.

Particularly when it swiftly becomes apparent that it is little more than a big laugh for most of these indulgent bourgeois hobbyists and political dilettantes. We won’t even [mention] how pissed off many would be if they found out about YOUR reasons for involvement. Lucky for you, we suppose, that most wouldn’t even be able to spell Sayanim, let alone have a clue what it really means.

[Sayanim (Hebrew: helpers, assistants) is a term that former Mossad katsa and author Victor Ostrovsky and author Thomas Gordon use to describe a network of Jews living outside Israel who volunteer to provide assistance to (the Israeli intelligence agency) Mossad. Sayanim are not directly involved in intelligence operations, and are only paid for their expenses.]

Oh, and @ndy, we’re all looking forward to Darp’s book coming out. Send him our best. We’re hoping it will include the hotel vandalism and kiddie bashing stuff. It’s all vital ‘trouble making’ and ‘influential’ stuff. But gee, I bet he’s a tad peeved that this McIntyre dude kinda beat him to it and all. Oh well, at least he’s got his Law career to look forward to. Oops! We almost forgot. He won’t even have that now, will he?

UN-lucky!

Ha! Ha! Ha! Ha! Ha!

Ahem.

Anyway, one ingredient missing from the recipe book is an account of ‘The Dole Army’, a (spectacularly) successful media hoax directed at tabloid ‘current affairs’ TV shows A Current Affair and Today Tonight. The hoax took place in February 2002. Since that time, whiles its C.O.s have retired to well-fortified bunkers located somewhere in the Dandenongs, rank-and-file members of the Dole Army are believed to have gone rogue, and continue to operate as a guerilla force under the command of 40 Kiwi anarchists.

one

Group owns up to media hoax
Lateline [ABC]
February 5, 2002

Now to a story that reads like a script from the satirical Frontline program. They dwell in the storm-water drains under Melbourne, a group of masked anarchists called “The Dole Army”, urging fellow Australians to defraud the Government of welfare benefits. It sounds too far fetched to be true but that didn’t stop channels Nine and Seven from falling for the story hook, line and stinker. Today the group of pranksters in Melbourne owned up to the hoax, screened last night on the Nine network’s A Current Affair and Seven’s Today Tonight. The group says the stunt is revenge for the news media’s portrayal of the jobless and other disadvantaged groups in society.

Continue reading

Posted in Anarchism, History, Media, State / Politics, Television | Tagged , | 4 Comments

antifa notes (november 6, 2009)

Russia Arrests Two Men in High-Profile Murders
Gregory L. White and Olga Padorina
Wall Street Journal
October 5, 2009

MOSCOW — Russian authorities charged two alleged neo-Nazi activists with the murders of a prominent human-rights lawyer and a journalist, in what appeared to be an unusual success in cracking a high-profile case…

Stanislav Markelov, a lawyer who had defended many victims of nationalist violence, and Anastasia Baburova, a young reporter for the opposition Novaya Gazeta newspaper, were gunned down on a downtown Moscow street in January, shortly after leaving a news conference together on one of Mr. Markelov’s latest cases. They became the latest in a series of human-rights campaigners and journalists killed in Russia. Few of those cases have been solved…

Prosecutors said the accused were Muscovites Nikita Tikhonov, about 29 years old, and Yevgenia Khasis, about 24. Lawyers for the two made little comment to reporters outside their closed arraignments Thursday, news agencies reported.

Mr. Bortnikov said they were members of radical nationalist organizations. He said they were implicated in another murder and had planned a further killing of a prominent figure whom he didn’t identify.

Mr. Markelov had been threatened and attacked in the years before his death by members of the increasingly aggressive nationalist and neo-Nazi underground. He often defended antifascist activists, who were also a subject Ms. Baburova wrote about for Novaya Gazeta.

Allegedly a member of a neo-Nazi group, Mr. Tikhonov was a suspect in a 2006 murder of an antifascist youth in Moscow. In that case, Mr. Markelov, representing the victim’s family, had pushed prosecutors to bring stiffer charges. Three assailants were convicted of “hooliganism” and other lesser crimes and sentenced to prison; Mr. Tikhonov was charged in the case but fled and was never caught.

“Tikhonov looks like a quite credible suspect,” said Galina Kozhevnikova, deputy director of SOVA, a Russian group that tracks neo-Nazi and nationalist groups. But she noted that the January murders — in which the masked killer fired point-blank on a crowded sidewalk and escaped unimpeded into the metro — seemed unusually polished for neo-Nazis.

“There aren’t professional killers among these ultra-rightists,” she said. “This killing shows the hallmarks of experience in military action.”

The leader of a nationalist group, Alexander Belov of the Movement Against Illegal Immigration, described Mr. Tikhonov as “a journalist … a very responsible person and rather smart. I don’t believe he could have done this,” the Interfax news agency reported.

See also : Found: Two Double Murderers?, Roland Oliphant, Russia Profile, November 5, 2009 | Russians Gather for Unity Day Rallies, The Other Russia, November 4, 2009.

Neo-Nazis infiltrate the US military: The FULL evidence
Matt Kennard
The Comment Factory
November 5, 2009

I touched down in Tampa, Fl, on a bleak day in early March on a quest to meet Forrest Fogarty, a neo-Nazi who had served the U.S. Army for two years in Iraq. I’d been speaking to him intermittently on the phone for a couple of months but getting inside the neo-Nazi network in the United States is not easy and takes reams of arduous appeals to penetrate the walls of resistance. I’d been uniquely successful with Fogarty, a loquacious character with a compelling story, so I took a flight from New York City down to Tampa to meet him…

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Abahlali baseMjondolo

for freedam is nat noh idealagy
freedam is a human necessity
it cycan depen pan now wan somebody
is up to each an evry wan a wi

Ruling in Abahlali case lays solid foundation to build on
Marie Huchzermeyer
BusinessDay
November 4, 2009

[See also : Solidarity with Abahlali baseMjondolo, Anarkismo, November 4, 2009 | squattercity : Robert Neuwirth is “a writer who spent two years living in squatter communities in four continents” — this is his blog | Against Chauvinism, Against Nationalism! (May 24, 2008).]

ABAHLALI baseMjondolo hit the headlines recently. First, attacks on Durban’s Kennedy Road informal settlement drew a ground swell of newsworthy international condemnation, including a statement from US intellectual Noam Chomsky. A week later, media reported on the outcome of Abahlali’s Constitutional Court appeal on the KwaZulu-Natal slums act.

What is Abahlali? And was anything really noteworthy about the ruling?

Abahlali, a shack-dwellers movement that started in Durban in 2005, is a deeply democratic, nonpartisan political organisation. Its elected leadership makes itself accountable to its membership through regular consultations with its structures on its every move. Its central concern is to secure participatory informal settlement upgrading for its members.

Abahlali has built a sympathetic network of support among a small group of faith-based organisations, legal entities, nongovernmental organisations and academics. Its website keeps overseas sympathisers abreast. However, Abahlali remains independent, cautious that its struggle not be “gentrified” or utilised for the realisation of middle-class agendas. This has gained the movement enemies in the much romanticised realm of “civil society”.

Its other enemies are in the increasingly autocratic local structures of the African National Congress (ANC), which find it hard to distinguish themselves from the state.

Abahlali’s approach to engaging the state is to exhaust other democratic avenues, before resorting to legal action and, where appropriate, peaceful protest.

In the case of the KwaZulu-Natal Slum Elimination and Prevention of Re-emergence of Slums Act, Abahlali requested participation in the mandatory public hearings on the bill. The provincial legislature reluctantly conceded, but dismissed all of Abahlali’s submissions (and many others) and enacted the law irrespectively.

Immediately, Abahlali’s members felt more vulnerable, as section 16 of the Act gave the housing MEC the powers to make it mandatory for landowners and municipalities to institute eviction proceedings. The Act undermined tenure security for all informal settlement residents in the province.

Abahlali then sought legal representation. With legal support sourced within its sympathetic network, Abahlali challenged the act in the Durban High Court. An unsympathetic judge dismissed the case.

Abahlali’s appeal to the Constitutional Court raised only two questions. First, was the Act concerned primarily with land tenure or housing? If land, the province had no power to enact it. Assuming that the Act was about housing, the question then became whether its operative provision — section 16 — was constitutional.

The ruling handed down by Deputy Chief Justice Dikgang Moseneke last month found that the Act was primarily concerned with housing, and therefore fell within the legislative power of the province.

More significant was the court’s ruling that section 16 of the Act is unconstitutional. This section harked back to a provision in the 1951 Prevention of Illegal Squatting Act, which mandated landowners to evict illegal occupants irrespective of their desperation. It was a very worrying regression in law that needed to be challenged.

In our recent history, some landowners have been sympathetic to desperate households and have consented to informal occupation. In other cases, landowners (including municipalities) have unintentionally allowed informal settlements to emerge.

We have to accept that this is often how the desperately poor get access to land, in some cases well-located land. When this opportunity is closed by decree, then desperate people are even worse off.

This is not to condone conditions in informal settlements. No doubt, our legislation must evolve to regulate and improve the conditions of such occupation. In Brazil, the constitution provides that anyone occupying (a moderate portion of) privately owned land informally for an uncontested period of five years has the right to ownership.

SA needs to go further in ensuring not only legalisation but also servicing, infrastructural integration, access to social facilities and housing. In short: proper upgrading.

The focus of section 16 was not on upgrading informal settlements. Instead, it equated the elimination of slums with the eviction of people living in them and was intended to make this much more frequent and easily facilitated. Abahlali’s victory was to ensure section 16’s deletion from the statute books before it could do any real damage.

Of course shack dwellers’ struggles do not end here. Collectively, we need to find ways to ensure that relevant provisions in existing legislation and policy are consistently implemented, especially insofar as they promote upgrading. It is also important to propose policy and legislative changes that don’t take us back to an apartheid-era attitude to informal settlers, but take us forward.

Some argue that the ruling is insignificant because living conditions remain the same as before. But what is different since the judgment is that the fear of unfair eviction is removed for shack dwellers in the province.

But it is removed only in law. Expecting this judgment, the local ANC has unlawfully evicted Abahlali from its base in Kennedy Road. Since the judgment, this hatred has intensified and severe intimidation of Abahlali activists, including death threats and arrests, has spread to other settlements.

Abahlali activist Zodwa Nsibande, a part-time student at Wits University’s School of Public and Development Management, was publicly threatened for her comments on TV about the judgment.

A sympathetic commentator has suggested that the “Constitutional Court is just about the only place (Abahlali) are not being beaten up, criminalised, evicted and blamed for the state’s own failure to make good on its promises”. And that is the issue that South African society, including ANC leaders, must be concerned about.

Collectively, we must also note that the judgment goes beyond restoring the “dignified” legal framework (as the judgment calls it), which has been evoked successfully in defending many an unlawful eviction since 1994. It underlines — and for the first time cements into law — provisions of the much ignored Upgrading of Informal Settlements Programme, introduced into the national Housing Code in 2004. Moseneke states clearly that “the owner or municipality may only evict as a matter of last resort and after having taken all possible steps to upgrade areas in which homeless people live”.

Further, “eviction can take place only after reasonable engagement…. This of course means that no evictions should occur until the results of the proper engagement process are known. Proper engagement would include taking into proper consideration the wishes of the people who are to be evicted, whether the areas where they live may be upgraded in situ; and whether there will be alternative accommodation.”

The Constitutional Court has once again underscored that informal settlements need “proper” treatment. The ruling states unambiguously what this means. It is now up to all of us to ensure that this is realised in every informal settlement in SA.

There is no other way under South African law that informal settlements can be made a thing of the past.

Bonus!

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