If the judgment of the Limpopo High Court in Thohoyandou is implemented, about 65 employees in the Thohoyandou Victim Empowerment Programme (TVEP) in Sibasa will face retrenchment and the facilities of 14 essential services to rape survivors and victims of domestic violence forced to close.
The programme director of the TVEP, Ms Fiona Nicholson, said for the past 15 years they had been negotiating with the Department of Public Works (DPW) to find a way forward with regard to the premises they occupy at the grounds of the former South African Embassy in Sibasa.
"For many years, all stakeholders agreed that we should be permitted to stay in the building, but action was delayed because of challenges regarding ownership of the property. Efforts to renegotiate a way forward fell on deaf ears, and before we could find an amicable solution, the DPW decided to pursue the matter through the court," said Nicholson.
Last Wednesday, the Limpopo High Court in Thohoyandou ruled in favour of the DPW that the TVEP should vacate the place, and they had been given two weeks to leave the place, she said.
According to her, since the inception of the TVEP in 2002, they had directly assisted more than 24,000 victims of sexual and gender-based violence, for which documentary evidence is available. They have employed 65 people, so if they are forced to close, 65 families will be without an income.
"Although most of the services we provide are regarded as essential services, the TVEP is also worried that Public Works was doing nothing to maintain and refurbish the buildings. They are old and dilapidated and are also a health hazard to us as renters," added Nicholson.
One of the long-serving employees at TVEP, Ms Nkhumiseni Tshivhase, project manager for HIV/Aids services, said the situation was frustrating and hectic, because the closing of the TVEP would mean job losses to many family members, most of whom were breadwinners of their families.
Tshivhase said she started working at TVEP in 2007, and she was also worried that the services that they rendered to rape and domestic violence victims would be forced to close. This includes both of their trauma centres and short-term shelters, and there are no others in the District.
The spokesperson for the department of Public Works, Roads and Infrastructure, Mr Joshua Kwapa, said they sympathised with the situation. "We will make proposals to sister departments, and in this case Social Development, to see how we support and assist TVEP. We value their contribution in society and we truly appreciate the noble work they are doing," said Kwapa. According to him, his department has a duty to implement the law as demanded by the Public Finance Management Act.
"In this case, we are required by law through leasing our property to receive rental fees at market value for many other compliance reasons, including auditing. In the event of non-payment, which amounts to breach of our contract, eviction becomes one of the options. We obviously provided the tenants with ample opportunities to make payment arrangements. However, if those are also not honoured, we are therefore compelled by law to exercise our rights. We will consider the case and see how we can assist the TVEP," he further said.
Ms Nicholson strongly denied this claim, however, alleging that the MEC for Social Development had written and requested that the TVEP be provided with accommodation, but even her request was ignored. She further pointed out that the TVEP first asked to buy the building in 2002, but were told to wait until the land had been demarcated. Despite this, three people have bought houses on the same property and are even running a private business, whereas the TVEP's services are free and aimed at the most vulnerable members of society.
"What a terrible way for a government department to celebrate the 16 days of activism – by throwing 65 gender activists onto the street, and potentially closing the doors of one of South Africa's largest programmes addressing violence against women and children," she commented.
The TVEP chairperson, Prof Mashudu Maselesele, said that they were negatively affected by the situation, as the TVEP was an organisation that protected the victims of rape and domestic violence. "We are currently in negotiations with the Department of Public works, so that a reasonable solution can be reached. I don't believe this democratic government cannot listen to our situation, as it cares for us all," she said.