South Africa: Big Victory For Abahlali baseMjondolo Against Forced Eviction

In a landmark ruling, the Pietermaritzburg High Court has dismissed an eviction application filed by Dolphin Coast Residents and Ratepayers Association, acting together with the KwaDukuza Municipality. The ruling represents a major victory for Abahlali baseMjondolo (AbM), the shack dwellers’ movement in South Africa. The ruling comes after months of intense resistance against forced evictions in Ballito, KwaZulu-Natal, where poor Black residents have been struggling to retain their homes in the face of hostility from wealthy landowners and municipal authorities.

In its ruling against the eviction application, the Pietermaritzburg High Court cited several critical legal flaws in the municipality’s case: 

• The application was not proven to be urgent
• The municipality failed to file the necessary legal documents
• The case cited only 425 people, despite Abahlali representing 948 residents
• Individuals mentioned in the court papers were not notified that they were required to appear in court

This decision blocked the long-standing attempts by the KwaDukuza Municipality and the Dolphin Coast Residents and Ratepayers Association to displace nearly a thousand families in what Abahlali baseMjondolo has characterized as an attempt to further criminalize poverty and perpetuate racial segregation.

Speaking to Peoples Dispatch, Thapelo, the Secretary-General of Abahlali baseMjondolo, condemned the racial undertones of the eviction attempt, stating:

“This case is because white racists do not want people to live in affluent areas next to them. Our people are called human waste, people who are coming to pollute the area. And because they don’t have health services, they are accused of causing health hazards and must therefore be removed. The municipality, forced by the ratepayers’ association, took us to court and wanted to evict more than 900 families. However, in their case, they only cited 400 people, and the matter was dismissed. We know that more than 900 people live there. For us, this is a victory, and we are going back to the drawing table to continue with our struggle for land.”

A struggle against displacement

Since last year, Abahlali baseMjondolo has been resisting forced removals in Ballito. On September 16, 2024, the movement staged a mass protest outside the KwaDukuza municipal offices, demanding an end to planned evictions and immediate access to essential services such as water and electricity. They condemned what they described as racially motivated displacement orchestrated by affluent landowners in collusion with the municipality.

This week, hundreds of Abahlali members appeared in the Pietermaritzburg High Court to challenge a case brought against them by the Dolphin Coast Residents and Ratepayers Association. The association, representing affluent residents, sought the eviction of the community, claiming that informal settlements negatively affected the area’s tourism and property values. However, Abahlali baseMjondolo argued that the case was an attempt to criminalize poverty and perpetuate segregation under the guise of legal action.

Abahlali baseMjondolo’s fierce opposition

On March 13, 2025, Abahlali baseMjondolo issued a strong statement opposing the mass evictions, pointing out the racist undertones of the case. The movement criticized the alliance between the Dolphin Coast Residents and Ratepayers Association and the KwaDukuza Municipality, stating that their goal was to push poor Black families out of what they call “prime land” into “human dumping grounds” far from their workplaces, schools, and communities.

Abahlali condemned a racist video released by the association, which portrayed Black residents as criminals, unhygienic, and polluters of the area. The video further accused them of illegal occupations, illegal trading, and unauthorized connections to water and electricity. Abahlali responded by producing a counter-video exposing these racist and classist stereotypes, which have long been used to justify state violence and dispossession against marginalized communities.

A new era of neo-apartheid

The case reveals the ongoing struggles of poor and working-class Black South Africans against systemic oppression and economic exclusion. Abahlali baseMjondolo argues that while formal apartheid ended three decades ago, a new form of apartheid persists – one based on economic segregation rather than race alone. The movement asserts that the ANC-led local government has abandoned the cause of the poor and is instead working alongside the wealthy elite to push the underprivileged out of urban areas.

The battle for land and dignity in Ballito is not an isolated struggle but part of a larger national crisis where municipalities and private interests work together to displace the poor in favor of wealthy, often white, landowners. The victory in the Pietermaritzburg High Court, however, marks a significant step in resisting these injustices and securing the constitutional rights of South Africa’s most vulnerable communities.

What lies ahead?

While the ruling is an important victory, the struggle is far from over. Abahlali baseMjondolo remains vigilant, as history has shown that municipal authorities often resort to extra-legal tactics, including police violence and intimidation, to carry out evictions despite court rulings. 

The movement has vowed to continue fighting against unjust displacement and advocating for policies that protect the rights of poor and working-class people to live in dignified conditions.