To The Equality Court From The Economic Freedom Fighters Preferring Charges In The Equality Court Against The

President Of The Republic Of South Africa, Jacob Zuma And The Leader Of The Democratic Alliance, Helen Zille A. VIOLATIONS IN TERMS OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, ACT 108 OF 1996 Introduction 1. The Economic Freedom Fighters (EFF) hereby prefers charges against Jacob Zuma and Helen Zille in the Equality Court for gross human rights violations and racism against black people on the undermentioned basis. 2. The Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution) makes a commitment to "(h)eal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights". It further makes a commitment to protect and honor the democratic values as enshrined in it, namely; the right to life and human dignity, the achievement of equality, the advancement of other human rights and freedoms, non-racialism and non-sexism.The constitution in South Africa is clear in its commitment to equality and dignity for all. 3. The post 1994 Western Cape Government has served the corporate elite class and failed to serve in the interests of the black majority. Since it took power in the Western Cape on 22 April 2009 the Democratic Alliance (DA) has employed and maintained an apartheid spacial design program and policy in terms of which whites live in spacious secure well serviced suburbs while blacks live in insecure sub human under serviced container settlements which are in fact concentration camps such as in Blikkiesdorp and Manenberg. The EFF believes that the conditions under which the residents of Blikkiesdorp and Manenberg live goes against the commitment to the fundamental rights and freedoms as contained in the Constitution and equality legislation such as the right to equality, life, dignity, adequate housing, adequate water, proper sanitation, environment and health. Blikkiesdorp 4. The residents of Blikkiesdorp, in the Western Cape, are in the main formerly shackdwellers of Symphony Way who were forcibly relocated to the Symphony Way Temporary Relocation Area (TRA) known as Blikkiesdorp in Delft. 5. In March 2009 Symphony Way dwellers were informed that the City of Cape Town were planning to forcibly relocate them to Blikkiesdorp TRA. Blikkiesdorp was established in 2008 so as to provide alternative housing for the shack dwellers along Symphony Way. Despite their protestations that they will only agree to move into permanent houses, they were nonetheless relocated.

6. The Temporary Relocation Areas (TRAs) are quite clearly out of kilter with what constitutes adequate housing in terms of international human rights law requirements. TRAs is not a solution to the housing crisis experienced by those living in informal settlements. In this context Blikkiesdorp is overcrowded and the individual units are too small for large families. Residents live in three-by-six metre containers. The structures are constructed with thin tin and zinc sheets and do not provide adequate protection against the extremely cold weather conditions in winter and the extremely hot weather conditions in summer. Blikkiesdorp also lacks adequate water, proper ablution facilities and proper sanitation in general. The communal taps provided in Blikkiesdorp cannot sufficiently meet the needs of the residents. As a result residents have to walk for some distance and stand in queues to fill water containers. Manenberg 7. Tenants: In April 2013 the City of Cape Town announced that it will upgrade some 1584 rental units in Manenberg as part of a broader Council Rental Units upgrade initiative. The affected residents were subsequently moved to three temporary accommodation villages bordering on Duinefontein Road. Each village comprises of ninety six 12-metre long converted containers. Residents were expected to stay here while their units were being upgraded. The containers themselves are too small and overcrowded for human habitation. Upgrades of the rental units includes painting, plumbing and rewiring of electrical circuits this does not address the questions related the problem of the lack adequate housing, namely; the small size of each rental unit, overcrowding, dangerously high population densities and the social well being of the children, etcetera. The implications of the rental unit upgrades are that this will effectively translate into a permanent state of housing for the residents. Moreover, the upgrades are contextually cosmetic as they do not address the fundamental question of adequate housing. 8. Backyard dwellers: The backyard dwellers of Manenberg are economically, politically and socially excluded and their plight is generally entirely forgotten by the powers that be. In 2013 the government drafted a policy document that seemingly acknowledges certain difficulties that the backyard dwellers are faced with, namely: illegal evictions; sharing infrastructure and services provided for a single council unit which in turn leads to problems of over consumption such as high electricity bills and sewerage blockages/flooding. While these difficulties identified in the policy document have not yet been solved they are nonetheless peripheral to the main question that needs to be addressed in terms of the back yard dwellers, namely; the lack of adequate housing. 9. While the city has provided temporary "housing" to its tenants during the period of upgrading the rental units, it has failed to provide housing to the backyard dwellers leaving them vulnerable to all kinds of dangers related to people residing in a construction site, especially children and the elderly, including but not limited to residing in the same vicinity where heavy construction equipment and scaffolding are kept. The current upgrades have effectively left the backyarders without sanitation, electricity and water. Moreover the amount of dust that is produced during the upgrades process has compromised the health of the people of Manenberg which already has a high prevalence of tuberculosis. Both Jacob Zuma and Helen Zille in their official capacities failed to temporarily house the backyarders during the process of the upgrades. The approach of providing temporary housing only to tenants and not to backyarders demonstrates that both Jacob Zuma and Helen Zille do not fully recognize the backyarders and will undoubtedly not protect them against the expected
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increase in rent after the upgrades as their landlords are most likely to take advantage of the upgraded structures to increase the rental. The upgrading of the rental units should have been coupled and implemented simultaneously with a long term plan to house backyarders. Gross Human Rights Violations 10. The conditions, as elaborated on above, that the people of Blikkiesdorp and Manenberg are subjected to constitute gross violations of human rights on the part of the State in general and in particular the DA. As a result of the gross human rights violations of the aforesaid parties, the conditions in Blikkiesdorp and Manenberg are accordingly conductive to and characterized by gangsterism, drug dealing, drug addiction, theft, rape and other forms of crime and social problems. 11. Both Helen Zille as leader of the DA as well as Jacob Zuma as the President of the Republic of South Africa, have failed to ascertain the specific needs and circumstances of people in desperate need of adequate housing and other public services in both Blikkiesdorp and Manenberg within their respective areas of jurisdictions. 12. Helen Zille and Jacob Zuma have both failed, in their aforesaid capacities, to comply with their constitutional and statutory obligations to, inter alia, provide adequate housing and other basic services such as sufficient water and sanitation to the residents of Blikkiesdorp. 13. Helen Zille and Jacob Zuma have both failed in their aforesaid capacities to comply with their constitutional and statutory obligations to, inter alia, provide adequate housing to the above mentioned residents of Manenberg., namely: the back yard dwellers, and; the tenants moved to container villages ( both in terms of their temporary housing as well as their rental units currently being upgraded) 14. The lack of adequate housing and other basic services to residents in Blikkiesdorp and Manenberg poses serious environmental and health risks and constitutes a violation of the residents right to an environment that is not harmful to their health or well-being. 15. In consequence of the DA not complying with the spirit and the provisions of the constitution insofar as it relates to the fundamental human rights of the people living in Blikkiesdorp and Manenberg in the Western Cape, our people in these areas live under conditions that manifest as poverty, gangsterism, drug addition and dealing, landlessness, lack of adequate housing and sanitation, and other social problems. VIOLATIONS IN TERMS OF THE PROVISIONS OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA(2003) 16. On 6 - 8 July 2004 the Heads of State of Member States of the African Union (AU) met in Addis Ababa, Ethiopia and reaffirmed, inter alia: a. Their commitment to the principle of gender equality as enshrined in article 4(l) of the Constitutive Act of the AU as well as in other international, regional and continental instruments dealing with women's rights including the Dakar Platform of Action (1994); the African Plan of Action to Accelerate the Implementation of the Dakar and Beijing Platforms for Action for the Advancement of Women (1999); the Outcome Document of the Twenty third Special Session of the United Nations General Assembly Special Session on the
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Implementation of the Beijing Platform for Action (2000); UN Resolution 1325 (2000) on Women Peace and Security; and the Protocol to the African Charter on Human and People's Rights on the Rights of Women in frica (2003); b. Their commitment to expand and speed up efforts to promote gender equality at all levels; 17. These Heads of States were aware of and deeply concerned about inter alia the overall status of women and the negative effects on women of, for example, issues such as the high prevalence of HIV /AIDS among women and young girls, harmful traditional practices, poverty, conflict, high numbers of refugee women and internally displaced women, violence against women and limited acces of girls to education. 18. They therefor agreed to inter alia: a. Accelerate the implementation of gender specific measures aimed at combating the HIV/AIDS pandemic and implement both the Abuja and Maputa Declarations on Malaria, HIV/AIDS, Tuberculosis and Other Related Infectious Disease. To this end the Heads of State will ensure that treatment and social services will be made available to women and those providing care to persons and families in need at the local level. They will also increasre budgetary allocations in these areas in order to alleviate women's burden of care. b. Launch a campaign, in the next year, against the abusive practice of using girl children as wives and sex slaves. c. Effectively enact and implement legislation that secures women's righhts to land, property, housing, health, food etc. d. Take appropriate measures to ensure the education and literacy of young girls and women, more especially in rural areas. 19. South frica is a Member State of the AU and Jacob Zuma as head of state is subject to the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (Protocol on Women) to which South frica is a signatory and which entered into force on 25 November 2005. 20.The South African State did not honour the terms of the said agreement inso far as it relates to black women, but honoured the terms of the agreement to a great extent with regard to white women. 21. The current Head of State of South frica, Jacob Zuma and Helen Zille as Leader of the Opposition, the Democratic Alliance, are bound in their capacity as such, by the terms of the above agreement as well as the terms of every regional, continental and international instrument on human and women's rights that South Africa is a signatory to. 22. In consequence of Jacob Zuma and Helen Zille not complying with the terms of the agreement and instruments referred to above, more especially as those terms are reflected in the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa, the following situation prevails regarding the status of black women:

a. In South Africa, and in the Western Cape in particular, public hospitals are falling apart. Doctors, nurses and other hospital staff are overworked and underpaid. Public hospitals are under-structured and understaffed. These are places of death in which no one is safe. It is therefore not surprising that more than 4500 black women in South Africa are dying annually as a result of lack of proper medical treatment and services to them in public hospitals. Under the governance of Jacob Zuma as head of the State of South Africa and Helen Zille as the Leader of the Democratic Alliance politicians (including Jacob Zuma and Helen Zille) and their dependents use private hospitals and that is why they do not care about the quality of services rendered by the public health system to the black majority in particular black women. b. The public schools in South Africa, and in particular those the Western Cape, are in a bad condition. The education system is under structured and understaffed. Teachers are generally under skilled and underpaid. There is a lack of true educational content. Classrooms are over crowded and under serviced. Public schools are under budgeted for. Consequently after twelve years of schooling in public schools most black children and mostly black girls cannot read and write. This in turn has resulted in the high rate of unemployment amongst blacks. Lack of income is the cause of lack of access to proper services relating to land, housing, education, health, food security, transport, employment etcetera. Under the governance of Jacob Zuma as head of the State of South Africa and Helen Zille as the Leader of the Democratic Alliance, politicians (including Jacob Zuma and Helen Zille) take their dependents to private schools. That is why they do not care about the quality of services rendered by the public schooling system to the black majority in particular black women. c. South African black townships, in particular the townships in the Western Cape, are badly under serviced. Millions of blacks live in shack/container settlements while others are backyard and front-yard dwellers. Those who do get state shelter are forced to live with their extended families averaging ten to twelve people in tiny one bedroom structures. This is worse than the state housing provided to blacks under apartheid rule. Our people are subjected to lack of proper sanitation and forced to use the bucket and open toilet system. Under the governance of Jacob Zuma as head of the State of South Africa, and Helen Zille as the Leader of the Democratic Alliance , politicians (including Jacob Zuma and Helen Zille) and their dependents live in beautifully spacious well catered for houses located in rich areas that are excellently serviced by their municipalities. That is why they do not care about the quality of services rendered by municipalities to black townships or about the type of housing provided to the black majority in particular black women. d. In consequence of Jacob Zuma and Helen Zille not responding to the needs of Blacks, in particular black women, the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women in frica, as reflected in the charges below preferred against Jacob Zuma and Helen Zille have been breached by them. 23. Both Jacob Zuma and Helen Zille are accordingly criminally responsible for the status of black women as described in paragraph 11 above. 24. The Leader of the Opposition in this country is a title held by the leader of the largest party, not forming part of the government, in the most important house of Parliament. From1910 to 1994 this was the House of Assembly and from 1994 it is the National Assembly. S/he acts as the public face of the opposition, challenging government from the floor of parliament. The leader of the Opposition is supposed to thus act as a chief critic of
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government and ultimately attempt to portray the opposition as a feasible alternate government. 25. Currently, the Leader of the Opposition in the National Assembly is Lindiwe Mazibuko of the Democratic Alliance (DA). Although Helen Zille is not a member of the National Assembly but is the Premier of the Western Cape, she is nonetheless the national DA leader through whose agency the DA position on various issues are canvassed with government via Parliament. 26. The DA's politics and attitude to responding to the total needs of blacks are in essence the same as that of the ruling party, the ANC. In these circumstances the DA has effectively served to support the ANC in its politics, program and method of further enslaving blacks (and in particular, black women) in the interests of white capital. It is therefore necessary to join Helen Zille in her capacity as leader of the Democratic Alliance as the Second accused person on relation to the case at hand. 27. The Economic Freedom Fighters, as the concerned revolutionary movement representing the interests of the Black majority, hereby charges Jacob Zuma as Head of the State of South Africa (accused number 1) and Helen Zille in her capacity as leader of the Democratic Alliance (accused number 2) for grossly contravening various provisions of the Constitution insofar as it relates to the human rights of the people of Blikkiesdorp and Manenberg in the Western Cape, namely; the right to life, equality, dignity, adequate housing, adequate water, proper sanitation, environment and health. Both Jacob Zuma and Helen Zille in their aforesaid capacities are also charged for gross human rights violations for contravening the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (2003) (The Protocol on Women) including Articles Articles 3(1), 3(3), 4(1), 4(2)(a), 4(2)(c), 4(2)(i),12(1)(a), 14(2)(a), 15(a), and 16. CHARGES Both accused persons, namely Jacob Zuma and Helen Zille, in their aforesaid capacities are hereby charged with unlawfully and intentionally committing the following offences: Charges Relating To Contravening The Provisions Of The Constitution Charge 1: contravening section 9 of the Constitution (Right to equality) The DA has, since taking power in the Western Cape on 22 April 2009, employed and maintained an apartheid spacial design program and policy in terms of which whites live in spacious secure well serviced suburbs while blacks live in insecure sub human under serviced areas such as in Blikkiesdorp and Manenberg. Consequently the human right to equality of the residents of both areas have been grossly violated. Charges 2, 3, 4, 5, 6 and 7: contravening sections 10, 11, 24, 26, and 27(1)(b), of the Constitution (Right to dignity, life, environment and health, adequate housing, water, adequate housing, environment and health) In that the deprivation of basic services to the people of Blikkiesdorp namely; the lack of proper sanitation and the lack of adequate clean running water constitute a gross violation of their right to life, human dignity, adequate water and proper sanitation.
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Furthermore the lack of adequate housing and other basic services to the residents of Blikkiesdorp and Manenberg including right to proper sanitation poses, inter alia, serious environmental and health risks and constitutes a gross violation of the residents right to adequate housing and to an environment that is not harmful to their health or well-being. Charges Relating To Contravening The Provisions Of The Protocol On Women Charge 8. Contravention of Article 12(1)(a) Protocol on Women. Denying all black girls utilising the public schooling system under their governance the right to equal education and training. Charge 9. Contravention of Article 14(2)(a) Protocol on Women. Denying all black women and girls utilizing the public health system, the right to adequate, affordable and accessible health services. Charge 10. Contravention of Article 15(a) Protocol on Women. Denying all black women and girls under his governance the right to nutritious and adequate food and in this regard the right to land, clean running water, sources of domestic fuel and the necessary means of producing nutritious food. Charge 11. Contravention of Article 16 Protocol on Women. Denying all black women and girls the right of access to adequate housing and to acceptable living conditions in a healthy environment. Charge 12. Contravention of Article 3(1) Protocol on Women Denying each of the more than 4500 black women who died annually under their governance and custody in public hospitals, the right to dignity. Charge 13. Contravention of Article 3(3) Protocol on Women (the Failing to enact and enforce laws to prohibit any degradation of the lives of the more than 4500 black women who died annually under their governance in public hospitals. Charge 14. Contravention of Article 4(1) Protocol on Women. Denying each of the more than 4500 black women who died annually under their governance in public hospitals, the right to respect for her life and the integrity and security of her person. Charge 15. Contravention of Article 4(2)(a) Protocol on Women. Failing to enact and enforce laws to prohibit all forms of violence against the more than 4500 black women who died annually under their governance in public hospitals Charge 16. Contravention of Article 4(2)(c) Protocol on Women.
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Failing to identify the causes and consequences of the violence against each of the more than 4500 black women who died annually in public hospitals under their governance and to consequently take appropriate steps to prevent and eliminate such violence. Charge 17. Contravention of Article 4(2)(i) Protocol on Women. Failing to provide adequate budgetary and other resources for the implementation and monitoring of efforts aimed at providing adequate and efficient medical services to the more than 4500 black women who died annually under their governance and to this end effectively prevent and eradicate such violence. Relief Sought The EFF asks for the following relief: 1. Both Jacob Zuma and Helen Zille be found guilty as charged and sentenced to life imprisonment for their gross violation of the human rights of black people. 2. State provision to the residents of Blikkiesdorp of adequate housing, proper sanitation, adequate clean running water and access to electricity within six months of date hereof. 3. State provision to the tenants of Manenberg allocated council rental units, free ownership of the same rental units after it has been upgraded together with proper sanitation, adequate clean running water and access to electricity within six months of date hereof. 4. Provision of temporary adequate housing with sufficient clean running water, proper sanitation and access to electricity for back yard dwellers of Manenberg until the provision of permanent adequate housing with sufficient clean running water, proper sanitation and access to electricity, within two months of date hereof. 5. State provision to the backyard dwellers of Manenberg of permanent adequate housing, proper sanitation, adequate clean running water and access to electricity within six months of date hereof 6. Both accused persons pay reparations for the harm suffered by the victims of the above human rights violations and to this end inter alia that all the assets and property of both accused be attached and sold in execution. 7. Costs. 8. Such other further relief that this Honorable Court may deem necessary. DATED AT CAPE TOWN ON THIS 30th DAY OF APRIL 2014