Twenty-six mothers are headed to the Durban High Court on Friday morning‚ seeking to overthrow an “apartheid-style” rule that their children are not allowed to live with them at their city centre hostel.
The Thokoza Women’s Hostel‚ owned and managed by the eThekwini Municipality‚ has always had a “no kids” policy‚ but the women argue this was not enforced until about two years ago‚ when guards began locking their children out.
Forced to sneak their children in and out — under threat of being forcibly evicted — the women approached the Legal Resources Centre.
Following an urgent court application in early 2015‚ they secured an interim order allowing 24 minor children‚ including one unborn child‚ to continue living at the hostel.
On Friday‚ lawyers representing the women will argue before Judge Sharmaine Balton that the rule is unconstitutional and must be scrapped altogether.
In papers before the court‚ their advocate Sarah Jane Linscott describes the rule as “repugnant to our core values of dignity‚ equality‚ non-sexism and freedom”.
“The hostel is their home. These women have lived there for decades. The conditions under which they live may not be ideal but they are adequate and the children attend schools in the area‚” she argues.
The rule also had the effect of forcing women who fell pregnant to leave the hostel.
The city is opposing the application‚ arguing that the policy is not inconsistent with the constitution and that the hostel is no place for children.
“The Constitutional Court has ruled that the State is not obliged to go beyond available resources to realise rights immediately. The tenants have permanent homes elsewhere‚” advocate Narisha Bhagwandeen argues in papers.
“The setting aside of the policy will have a dire effect on the welfare of children. There is no space for them‚ the hostel is already so overcrowded‚ and the living conditions will become intolerable. The city will have to childproof the entire hostel. This will involve an entire upgrade which could take five years.”
She said the municipality was in the process of constructing family units at the hostel. It was expected that construction would begin in six months and would take 18 to 24 months to complete. Once this was done‚ legal tenants would be able to live there with their children‚ spouses and partners.
Judge Balton is expected to reserve judgment and the matter is likely to go on appeal‚ whatever the outcome.
Durban mothers fight so that their children can live with them
Twenty-six mothers are headed to the Durban High Court on Friday morning‚ seeking to overthrow an “apartheid-style” rule that their children are not allowed to live with them at their city centre hostel.
The Thokoza Women’s Hostel‚ owned and managed by the eThekwini Municipality‚ has always had a “no kids” policy‚ but the women argue this was not enforced until about two years ago‚ when guards began locking their children out.
Forced to sneak their children in and out — under threat of being forcibly evicted — the women approached the Legal Resources Centre.
Following an urgent court application in early 2015‚ they secured an interim order allowing 24 minor children‚ including one unborn child‚ to continue living at the hostel.
On Friday‚ lawyers representing the women will argue before Judge Sharmaine Balton that the rule is unconstitutional and must be scrapped altogether.
In papers before the court‚ their advocate Sarah Jane Linscott describes the rule as “repugnant to our core values of dignity‚ equality‚ non-sexism and freedom”.
“The hostel is their home. These women have lived there for decades. The conditions under which they live may not be ideal but they are adequate and the children attend schools in the area‚” she argues.
The rule also had the effect of forcing women who fell pregnant to leave the hostel.
The city is opposing the application‚ arguing that the policy is not inconsistent with the constitution and that the hostel is no place for children.
“The Constitutional Court has ruled that the State is not obliged to go beyond available resources to realise rights immediately. The tenants have permanent homes elsewhere‚” advocate Narisha Bhagwandeen argues in papers.
“The setting aside of the policy will have a dire effect on the welfare of children. There is no space for them‚ the hostel is already so overcrowded‚ and the living conditions will become intolerable. The city will have to childproof the entire hostel. This will involve an entire upgrade which could take five years.”
She said the municipality was in the process of constructing family units at the hostel. It was expected that construction would begin in six months and would take 18 to 24 months to complete. Once this was done‚ legal tenants would be able to live there with their children‚ spouses and partners.
Judge Balton is expected to reserve judgment and the matter is likely to go on appeal‚ whatever the outcome.
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