text:
Nkabinde J
(delivered the judgment of the court)
The state recognises the distress occasioned by natural disasters that pose a threat to life, health and safety or result in forced removals from disaster-stricken areas. To address these emergency situations, it has enacted the Disaster Management Act[1] (DMA) and introduced remedial measures through certain programmes to provide temporary assistance.[2]
The applicants seek leave to appeal directly to this Court. They challenge the correctness of the decision of the North Gauteng High Court, Pretoria[3] (High Court) dismissing their application for certain relief and holding that the forcible relocation and demolition of their homes, consequent upon a decision to declare an informal settlement a "disaster area", was lawful.
Neither the decision to declare the informal settlement a "disaster area" nor the constitutionality of the provisions of the DMA is in question. Primarily, this application for leave to appeal turns on the lawfulness of the removal of the applicants and the demolition of their homes. More pointedly, it requires us to determine whether the circumstances of this case warranted forcible removal and demolition without an order of court.
The applicants, the former residents of the Bapsfontein Informal Settlement (Bapsfontein), are currently with no secure tenure and only temporary housing. The respondent is the Ekurhuleni Metropolitan Municipality (Municipality) in whose municipal area Bapsfontein is situated. The Municipality authorised the relocation of the residents of Bapsfontein including the applicants and the demolition of their homes. The Socio-Economic Rights Institute of South Africa[4] (SERI), whose written submissions have been most helpful and for which we are grateful, was admitted as an amicus curiae.
Factual background
Bapsfontein covers 25 hectares of privately owned land. In January 2004 the Municipality received information regarding the development of sinkholes in the area. The Municipality then commissioned civil engineers[5] to conduct an investigation. Their report (J & W's first report) was sent to the Municipality in June 2005. This report identified the development of sinkholes in the vicinity of Bapsfontein. It recommended that a further study of the area be conducted.
Further investigation by the same consultants was commissioned and their report (J & W's second report), dated September 2005, was submitted to the Municipality in November 2005. This report confirmed the prior findings following the investigation in 2004. It identified unstable dolomite formation as the cause of sinkholes "to a surfaced road near Bapsfontein". The Municipality was advised that the depression with its perimeter sinkholes is about 100m from the primary school in Bapsfontein. In particular, observations of occurrence of various sporadic sinkholes, depressions and cracks within the settlement were made. It found that the area around Bapsfontein is unstable and recommended that the area "should be avoided for mass housing".
Following J & W's second report, the Municipality relocated approximately 150 families from Bapsfontein during 2005. However, new occupiers subsequently erected shelters in the area. In 2009, consulting geologists, VGI Consult Projects (Pty) Ltd, were commissioned to conduct a further study on the area. Their report (VGI report), delivered to the Municipality on 8 December 2009, makes findings similar to those made earlier. It recommended that the residents "be evacuated and relocated to an area at least 3 km to the north-east of [Bapsfontein]".[6]
In July 2010 the Municipality's Roads and Transport Portfolio Committee recommended that the Bapsfontein Community be relocated. This recommendation was adopted by the Mayoral committee on 18 August 2010. On 10 December 2010, the Municipality issued a notice[7] declaring Bapsfontein "a local state of disaster" due to the dolomite instability of the area in terms of section 55(1) of the DMA.[8]
It emerged from a letter dated 13 January 2011 addressed to the Municipality on behalf of the applicants that the latter were "faced with a forced eviction" on that date. The letter reveals also that three meetings were convened by the officials of the Municipality on 14, 16 and 23 December 2010 at which the applicants were informed about the impending relocation scheduled to take place on 27 December 2010. The letter advised the Municipality that the relocation "amounts to an eviction" and that "[e]viction without a court order is unlawful." The Municipality was asked to produce an eviction order or to promise that it would not continue with the eviction. The applicants threatened to apply to court on an urgent basis for an interdict if their demands were not met by noon on the same day.[9]
On 17 January 2011 the Municipality advised that:
the relocation of the applicants to N12 Highway Park[10] was temporary;
it had consulted meaningfully with the applicants;
the Municipality drafted letters of consent and provided each resident with the letter to consent to temporary relocation;
buses had been provided for school children; and
basic services were already in place where the applicants were to be relocated.
The Municipality denied that the applicants had been forcibly relocated and maintained that no eviction order was required.
On 17 February 2011 a directive in terms of section 55(2)(d) of the DMA was issued. It advised the applicants that Bapsfontein had been declared a local state of disaster due to dolomite instability, and that all residents in the area be evacuated to temporary shelter for the preservation of life. The directive also anticipated resistance to the relocation by warning that "[p]ersons refusing to be relocated temporarily will be relocated by the authority of this directive in terms of section 55 of the [DMA]."[11] Because of the resistance to the relocation, the Municipality enlisted the services of the "Red-Ants"[12] to demolish the homes of the applicants on 5 March 2011. On the same day the applicants applied to the High Court for urgent interdictory relief.
In the High Court
The applicants sought urgent relief restraining the Municipality from demolishing their homes, thus rendering them homeless, and from unlawfully evicting and intimidating them to vacate Bapsfontein. They asked the Court to order the Municipality to provide them with alternative accommodation and to pay the costs of the application.[13]
The applicants contended that they were being unlawfully and forcibly evicted from their homes and that their homes were being demolished. The forcible eviction and demolition of their homes without an order of court, they argued, not only violated their constitutional rights in relation to housing[14] but also their right to have their dignity respected and protected.[15] The applicants also contended that the conduct of the Municipality was not in line with PIE. Also, they argued that they were intimidated by the "Red-Ants", hence their urgent interdictory application.
The Municipality disputed these contentions arguing that it "evacuated" the residents pursuant to the area being declared a local state of disaster and thus posing a threat to human life. The relocation, the Municipality argued, was authorised in terms of section 55 of the DMA for the preservation of life.
The High Court, per Makgoba J, dismissed the application with costs. It held that the application lacked urgency and that PIE was not applicable. In justifying the lawfulness of the forced removal the Court likened the situation in Bapsfontein to a situation of a person burning in a fire and refusing to be rescued. The Court held that it had "a duty to protect their life" and could not "let them stay in a danger zone where they can be swallowed by the earth as it is."[16] Having been refused leave to appeal, the applicants applied for leave to appeal directly to this Court.
In this Court
The applicants ask that we:
grant them leave to appeal directly to this Court;
condone the late filing of the High Court judgment and their written submissions;
disregard the evidentiary material annexed to the opposing papers and make a special adverse cost order against the Municipality; and
order that the costs of this application be costs in the appeal.
Additionally, they seek the following order:
Setting aside the order of the High Court granted on 11 March 2011 under case number 5394/2011 and replacing it with the following order:
That [the] Respondent pay the costs of the application.
In its directions, this Court called for submissions from the parties to address the circumstances in which a person could be evicted from his or her home without an order of court, having been made after considering all the circumstances, as required by section 26(3) of the Constitution. The Court also directed the parties to state whether the required circumstances exist in this case.[17]
The main thrust of the applicants' complaint is that in invoking the DMA, the High Court inappropriately authorised the unlawful eviction and demolition of their homes, thereby violating their rights under sections 26 and 10 of the Constitution in circumstances not warranting evacuation. SERI argues that the DMA was not properly engaged and that the situation ought to have been dealt with in terms of PIE. It also contributed a different perspective regarding the alleged unlawfulness of the removal.[18]
The Municipality argues that leave to appeal directly to this Court should be refused because the Supreme Court of Appeal should have been petitioned for leave to appeal due to the new facts raised in the replying affidavit in the High Court. It argues further that although constitutional issues are broached, the issues are not important because this Court has already pronounced on them. The Municipality contends that the relief sought in paras 5.1 to 5.3 in [16] above has largely become moot as the applicants and their dependants have already been "evacuated" from Bapsfontein. It is argued that the restorative relief sought in para 5.4 and the alternative prayers in paras 5.5 and 5.6 in [16] above, are not competent.
On the merits, the Municipality remains steadfast that it acted lawfully in "evacuating" the applicants from Bapsfontein under section 55 of the DMA. It contends that evacuation as a result of a "disaster" or "situation of emergency" is not an eviction within the contemplation of section 26(3) but a legitimate response to a crisis to save life or property. The "imminent" disaster, it is argued, occurring "surprisingly" or "unexpectedly", could not practically be dealt with by way of a court order.
The Municipality relies on City of Johannesburg v Rand Properties (Pty) Ltd 2007 (6) SA 417 (SCA) (Rand Properties)[19] to justify the eviction of the occupiers without having complied with the relevant factors contemplated in section 26(3) of the Constitution. It sought to demonstrate that the removal is an administrative act requiring no order of court. The Municipality argues that section 26(3) has two parts: the first dealing with evictions that are subject to control by means of a court order and the second part dealing with legislation which permits an eviction but requires an eviction not to be arbitrary. It is argued that in interpreting section 26(3), one part cannot be subordinated to the other and that the section therefore permits legislation to authorise an eviction without a court order.
It is contended that the relocation was a temporary arrangement until further relocation "to either state subsidised houses .... or to some other land". The demolition, it is contended, enabled the Municipality to carry out the directive and prevent the applicants from returning to Bapsfontein. Additionally, the Municipality argues that PIE does not apply because none of the applicants contend that their occupation of Bapsfontein was unlawful.
There are two preliminary issues. These are whether condonation should be granted and whether we should disregard the evidential material forming part of the annexed expert reports as being irregular. Additionally, two issues concerning whether leave to appeal should be granted relate to mootness and whether the other courts should have been bypassed.
The key issue concerns whether the removal that occurred in this case was an evacuation under section 55 of the DMA as contended for by the Municipality. Related to this are questions of the proper interpretation of the DMA and appropriate relief.
Condonation applications
The application for leave to appeal was lodged in this Court on 15 March 2011, however, the judgment of the High Court, handed down on Friday 11 March 2011, was only lodged in this Court on Wednesday 20 July 2011 after a request was made by the Registrar of this Court to secure a copy. Accompanying the judgment was an application for condonation for its late filing.[20] The applicants explained the steps they took to obtain the transcribed judgment. It is evident that the blame for the delayed filing of the judgment cannot be placed at their door.
The applicants applied for condonation for the late filing of their written submissions. These submissions were late by only one day. According to the applicants, this was occasioned by immense pressure faced by their counsel due to deadlines set in another matter in this Court on the same day. The one-day delay is negligible. In any event, the Municipality has not been prejudiced by the lateness and does not oppose the applications. Condonation sought should therefore be granted.
Regarding the alleged irregular step, it may well be that the Municipality could have selected and annexed only parts of the reports that were indeed relevant rather than annexing the entire reports. However, this does not warrant a disregard of the expert evidence contained in the reports filed.
Should leave to appeal be granted?
It is well established that leave to appeal will be granted if a constitutional issue is raised and if it is in the interest of justice.[21] We would be hard-pressed not to find that this matter raises constitutional issues. The Constitution provides protection against arbitrary evictions which, by their own nature, implicate the right to have access to adequate housing in section 26.[22] The applicants' right under section 10, the right to have their dignity respected and protected, is also implicated. Moreover, we are required to interpret the DMA in light of the Constitution. The Municipality does not contest that the matter raises constitutional issues. However, it contends that it is not in the interests of justice to grant leave directly to this Court because the applicants should first seek relief in the full court of the High Court or the Supreme Court of Appeal before approaching this Court. Alternatively, it is argued that the relief sought has become moot.
Generally, it is preferable for litigants seeking to appeal a decision of the High Court to approach the Supreme Court of Appeal before coming to this Court. However, the fact that the applicants wish to appeal directly to this Court is in itself not decisive. This factor is simply one of the considerations relevant to the enquiry in deciding whether it is in the interests of justice for leave to appeal to be granted.[23] The applicants were forcibly relocated from Bapsfontein to a transit area and their dwellings were demolished without an order of court. A final determination of the issues will avoid the legal uncertainty created by the decision of the High Court.
There can be no doubt that petitioning the Supreme Court of Appeal for leave to appeal would have taken longer and rendered the litigation more costly before the matter reaches finality, while the rule of law remains imperilled. The matter raises issues of public importance regarding forcible removal of a community from an informal settlement. Additionally, there are reasonable prospects of success.
Important to the interests of justice is the question of mootness. However, it too is but one of the factors that must be taken into consideration in the overall balancing process.[24] In Independent Electoral Commission v Langeberg Municipality [2001] ZACC 23; 2001 (9) BCLR 883 (CC); 2001 (3) SA 925 (CC), this Court, per Yacoob J and Madlanga AJ, held that (at para 11):
|[T]he Court has discretion to decide issues on appeal even if they no longer present existing or live controversies. That discretion must be exercised according to what the interests of justice require. A prerequisite for the exercise of the discretion is that any order which the Court may make will have some practical effect either on the parties or on others. Other factors that may be relevant will include the nature and extent of the practical effect that any possible order might have, the importance of the issue, its complexity and the fullness or otherwise of the argument advanced.[25]
Indeed, if the applicants' rights were not infringed and are no longer threatened,[26] or the applicants have no interest in the adjudication of the dispute,[27] it will not be in the interests of justice to grant leave to appeal directly to this Court.
It is beyond question that the interdictory relief sought will be of no consequence as the applicants have already been removed from Bapsfontein.[28] Although the removal has taken place, this case still presents a live controversy regarding the lawfulness of the eviction. Generally, unlawful conduct is inimical to the rule of law[29] and to the development of a society based on dignity, equality and freedom.[30] Needless to say, the applicants have an interest in the adjudication of the constitutional issue at stake. The matter cannot therefore be said to be moot. It is also live because if we find that the removal of the applicants was unlawful, it would be necessary to consider their claim for restitutionary relief.
For these reasons, it is in the interests of justice that leave to appeal directly to this Court should be granted. Next for determination is whether the DMA authorises eviction and demolition of homes without an order of court.
Does the DMA authorise eviction and demolition without a court order?
The determination of this issue requires us to interpret section 55(2)(d) of the DMA consistently with section 26(3) of the Constitution. However, it is necessary to deal first with the Municipality's understanding of section 26 of the Constitution. This section provides:
Everyone has the right to have access to adequate housing.
The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
Section 26(3) is couched in prohibitory terms. Notionally, the right entrenched in it can only be limited in terms of the limitation clause.[31]
The Municipality's understanding of section 26(3) as set out above (see [21] above) is incorrect. The Municipality's proposition simply turns section 26(3) on its head. Section 26(3) must be read as a whole. It does not permit legislation authorising eviction without a court order.
Section 55(2)(d) of the DMA provides that evacuation is limited to cases where temporary action is necessary for the preservation of life. It provides:
If a local state of disaster has been declared in terms of subsection (1), the municipal council concerned may, subject to subsection (3), make by-laws or issue directions, or authorise the issue of directions, concerning–
[emphasis added]
This section must be interpreted narrowly. A wide construction may adversely affect rights in section 26. The language used in section 55(2)(d) is critical. The text must be interpreted in the context of the DMA as a whole, taking into consideration whether its preamble[32] and other relevant provisions[33] support the envisaged construction.[34]
Properly construed and read in conjunction with other provisions, including sections 55(1)[35] and 2(1)[36] of the DMA, section 55(2)(d) does not authorise eviction or demolition without an order of court. On its wording, the DMA deals with "evacuation". The word "evacuate" is generally used to describe what is done in a situation where people's lives are at risk as a result of impending "disaster".[37] "Evacuate" means to "remove from a place of danger to a safer place."[38] The people concerned therefore require immediate removal to a safe temporary shelter, away from the disaster area, in order to preserve their lives.
Section 55(2)(d) authorises the evacuation to temporary shelters for the preservation of life. This means that the DMA ordinarily applies only to temporary removal from a disaster stricken area to a temporary shelter. It implies that those evacuated may return to their homes, if possible. This is not the case here. Evacuation is not the equivalent of eviction, much less of a demolition. On the Municipality's own admission, no purpose would have been served by removing the applicants without demolishing their homes because they would otherwise have returned to Bapsfontein. Evidently, this is not what section 55(2)(d) sanctions.
An evacuation does not entail the demolition of peoples' homes or an indefinite removal. The DMA does not seek to achieve this. If the purpose of the DMA were to authorise demolition and eviction without an order of court, it would have said so. It does not. The forcible removal of the applicants amounts to an eviction, an indefinite removal from Bapsfontein. The deprivation is, in the circumstances, inimical to the right in section 26(3).
It is true that the VGI report recommended that the residents of Bapsfontein be evacuated and relocated. The Municipality suggested that an unexpected or surprising disaster was imminent or simmering thus suggesting exigency. However, the facts do not suggest that there was any need for urgent evacuation at all. Conversely, the history of this matter shows that the Municipality never regarded the relocation of the applicants to be urgent to warrant drastic measures of unauthorised removal and demolition of shelters. This is fortified by the fact that Bapsfontein was identified as a hazardous area as early as 1986; its first sinkhole was identified in 2004; the first commissioned report was delivered in June 2005 and the second report in September 2005; no action was taken in response to these reports for four years after they were delivered, until 2009, when another report was commissioned and delivered; and only in 2010 did the Municipality finally start taking action to relocate the residents from Bapsfontein.
The Municipality's powers following upon the declaration of a local state of disaster must be exercised only to the extent that it is strictly necessary for the purposes set out in section 55(3).[39] This means that the powers concerned may not be used for purposes other than evacuation.
The High Court failed to consider the relevant circumstances. These include whether:
the disaster was sudden to warrant the hasty relocation;
Bapsfontein could be rehabilitated;
the Municipality had established disaster management and relocation plans and strategies as well as their implementation;
there was loss of life or an imminent threat to life;
alternative land has been made available or could reasonably be made available; and
the applicants are long term occupiers in Bapsfontein.
The Court instead approached the matter on the assumption that the DMA was applicable and urgent removal was necessary. In the absence of evidence, the Court compared the situation of the applicants with that of people faced with sudden emergency but failed to assess whether the circumstances warranted evacuation under the DMA.
It is noteworthy that there has been no loss of life as a result of the formation of sinkholes since 2004 when J & W's first report was completed, despite people having lived at Bapsfontein for decades. J & W's second report illustrates that no loss of life had been reported as a result of sinkholes since the early 1970s. There can be no doubt that the rushed destruction of the applicants' homes by the "Red-Ants" at the instance of the Municipality not only infringed their right under section 26(3) but also their right under section 10.[40]
I conclude therefore that in engaging the DMA to evict the applicants and demolish their homes without an order of court, the Municipality acted outside the authority conferred by the DMA and contrary to section 26(3) of the Constitution.
In the view I take of the matter, it is not necessary to decide the further questions raised including whether the forced removal was consensual and whether PIE applies.
It follows that the order of the High Court should be set aside and replaced with an appropriate remedy, a matter I now turn to.
Appropriate remedy
In terms of section 172(1)(b) of the Constitution, a court "deciding a constitutional matter within its power .... may make any order that is just and equitable". In Fose v Minister of Safety and Security [1997] ZACC 6; 1997 (7) BCLR 851 (CC); 1997 (3) SA 786 (CC) this Court held (at para 19) that–
[a]ppropriate relief will in essence be relief that is required to protect and enforce the Constitution. Depending on the circumstances of each particular case the relief may be a declaration of rights, an interdict, a mandamus or such other relief as may be required to ensure that the rights enshrined in the Constitution are protected and enforced. If it is necessary to do so, the courts may even have to fashion new remedies to secure the protection and enforcement of these all-important rights
[footnote omitted]
The removal of the applicants was unlawful. The Municipality has an obligation[41] to provide them with suitable temporary accommodation.
The Municipality acknowledges that there is land in the vicinity of Bapsfontein. Despite the recommendation by the VGI report that the applicants be relocated to that land which was also identified by the applicants, the Municipality maintains that the land belongs to another state department which does not intend to relinquish. This does not absolve the Municipality from its obligations including its duty to identify and designate land for housing development for the applicants. The applicants are entitled to effective relief. It is, however, uncertain how long it will take for the Municipality to identify land for purposes of affording the applicants access to adequate housing. Supervisory relief is thus necessary in this case to enable the Municipality to report to this Court about, amongst other things, whether land has been identified and designated to develop housing for the applicants.
The relief proposed by the applicants and partly consented to by the Municipality during oral argument is, in the circumstances and subject to necessary modification, just and equitable.
The applicants have asked for costs on the scale as between attorney and client. They have achieved substantial success. However, no case has been made out for the punitive costs sought. There are no reasons why the Municipality should not pay the applicants' costs, including the costs occasioned by the employment of two counsel. Accordingly, costs on a party and party scale will be just and equitable.
In the event, the following order is made:
Condonation is granted.
Leave to appeal directly to this Court is granted.
The appeal is upheld.
The order of the North Gauteng High Court, Pretoria under Case No 5394/11 is set aside.
It is declared that the removal of the applicants from their homes, the demolition of the homes, and their relocation by the Ekurhuleni Metropolitan Municipality were unlawful.
The Municipality must identify land in the immediate vicinity of Bapsfontein for the relocation of the applicants and engage meaningfully with them on the identification of the land.
The Municipality must ensure that the amenities provided to the applicants and people resettled in terms of this order are no less than the amenities and basic services provided to them as a result of the relocation of March 2011.
The Municipality must file a report in this Court confirmed on affidavit by no later than 1 December 2012 regarding steps taken in compliance with paragraph 6 of this order to provide access to adequate housing for the applicants.
The applicants may, within 15 days of the filing of the Municipality's report, lodge affidavits in response to the report.
The Municipality is ordered to pay the applicants' costs in this Court and in the High Court including, where applicable, costs of two counsel.
[1] 57 of 2002.
[2] See the Housing Act 107 of 1997 (Housing Act) read with The National Housing Code, Part 3: Emergency Housing Programme, Part A: Housing Assistance in Emergency Circumstances (Housing Policy).
[3] Nthabiseng Pheko and 777 Others v Ekurhuleni Metropolitan Municipality, Case No 5394/11, North Gauteng High Court, Pretoria, 9 June 2011, as yet unreported (judgment of the High Court).
[4] SERI is a law clinic registered with the Law Society of the Northern Provinces and is an "approved Law Centre" by the Johannesburg Bar Council. SERI deals with cases concerning the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE), the upgrading of informal settlements and provision of basic services.
[5] Jones & Wagener (J & W) were appointed as specialist consultants to investigate. A report was then compiled by Jasper Müller Associates.
[6] According to the VGI report, the underlying geology of suitable land 3 km to the north-east of Bapsfontein, represents no risk for the formation of sinkholes. It is reported that the land is known to have thick deposits of shale and quartzite of the Timebal Hill Formation of the Pretoria Group of the Transvaal Supergroup.
[7] The notice read in relevant part:
Notice is hereby served in terms of the Disaster Management Act that the Bapsfontein Informal Settlement of 25 hectares, bordered by the R25 Provincial Road to the East and approximately 300 metres to the North of the R25 Provincial Road within the Ekurhuleni Metropolitan Municipal Area has been declared a Local Disaster Area in terms of section 55 of the Disaster Management Act due to dolomite instability.
Further be advised that persons residing in the above mentioned area will be moved to a suitable alternative area as the current area in Bapsfontein they occupy is highly unstable and not safe for human settlement.
This notice was published in part in the Provincial Gazette Extraordinary No 220 Local Authority Notice 1643, 10 December 2010.
[8] Section 55(1) provides:
In the event of a local disaster the council of a municipality having primary responsibility for the co-ordination and management of the disaster may, by notice in the provincial gazette, declare a local state of disaster if–
[9] The letter by Gilfillan Du Plessis Incorporated reads:
We refer to the above matter and confirm that we act for and on instruction of residents of Bapsfontein informal settlement.
Our clients inform us that on the 14th of December 2010, one councilor Mfukeni called for a community meeting at which he told them about their pending relocation.
On the 16th of December 2010, one Vivian Chauke also called for a meeting at which she told them that they were to be relocated on the 27th of December 2010. The same Vivian Chauke addressed them again on the 23 December 2010 and indicated that they will be moved to Bapsfontein and that such relocation was non-negotiable.
Our clients indicated to Vivian Chauke that they would consider relocation to Bapsfontein.
To their surprise they were recently informed that they were to be relocated to Cloverdene.
Cloverdene is too far from where our clients work, attend school, and access basic services. Our clients therefore object to being relocated to Cloverdene.
As you will be aware, on the 27th of December 2010, our clients staged a protest to register their displeasure with the intended relocation.
Relocating our clients without genuine and meaningful consultation with them amounts to an eviction. Eviction without a court order is unlawful.
It is our clients' instruction that they do not object to being relocated as such but insist that such relocation be preceded by genuine and meaningful consultation between the municipality and the residents.
This morning we were informed by our clients that they are faced with a forced eviction. We demand that you immediately either fax us a copy of the eviction order or give us an undertaking that you will not continue with the eviction.
If our demand has not been met by 12h00, 13 January 2011 we will apply to the High Court on a very urgent basis for an interdict.
[emphasis removed]
[10] The area, according to the Municipality, is "bounded by Putfontein Road on the western boundary, the N12 highway on the southern boundary, Chief A Luthuli Park extension 2 and 3 on the northern boundary and Benoni Road on the eastern boundary."
[11] The directive issued by the office of the City Manager reads in relevant part:
This serves to advise you that in terms of section 55(2) of the Disaster Management Act, Act 57 of 2002, and the City Manager of Ekurhuleni Metropolitan Municipality is hereby issuing the following directive in terms of the above section:
That the Bapsfontein Informal Settlement .... has been declared a local state of disaster in terms of section 55 of the Disaster Management Act due to dolomite instability.
According to section 55(2)(d), Council is issuing a directive that all persons residing/squatting/renting or leasing in the abovementioned area be evacuated to temporary shelter due to the declared disaster and for the preservation of life.
Persons refusing to be relocated temporarily will be relocated by the authority of this directive in terms of section 55 of the Disaster Management Act 57 of 2002.
[12] The "Red-Ants" is a colloquial term for a private security company contracted by the South African government to help with evictions and forced removals. They wear red uniforms, hence their name "Red-Ants".
[13] The relief sought read:
That the Respondent be restrained and interdicted from demolishing and/or further demolishing accommodation and shelters of the Applicants;
That the Respondent be restrained and interdicted from intimidating the Applicants to vacate the property;
That the Respondent be restrained and interdicted from unlawfully evicting the Applicants and/or those Applicants;
That the Respondent be ordered to provide alternative accommodation to Applicants and/or those Applicants whose accommodation and shelters had been demolished;
That the Respondent be ordered to pay the costs of this application;
That further and/or alternative relief.
[14] Section 26 of the Constitution is set out in [34] below.
[15] Section 10 of the Constitution provides: "Everyone has inherent dignity and the right to have their dignity respected and protected."
[16] Above n 3 at 5 lines 19-21.
[17] Paragraph 5 of the directions, dated 2 August 2011, further asked the parties: "What is the relationship between the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 and the Disaster Management Act 57 of 2002?"
[18] SERI contends that the removal of the applicants without an order of court or their informed consent was unlawful. Even if the applicants had consented, SERI argues, it is doubtful that a constitutional right is capable of being waived. It argues further that the Municipality failed to discharge the onus regarding such waiver. Relying on Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council [1998] ZACC 17; 1998 (12) BCLR 1458 (CC); 1999 (1) SA 374 (CC) at para 56, SERI argues also that the principles in respect of the rule of law protected in section 1(c) of the Constitution are central to exploring the questions raised.
[19] In this case the appellant relied on section 12(4)(b) of the National Building Regulations and Building Standards Act 103 of 1977 (NBRA). It sought the eviction of the respondents, who resisted evictions on the ground, among other things, that the appellant had failed to follow the procedures prescribed by PIE and that the eviction would not be just and equitable. The Supreme Court of Appeal held that the occupiers were in an emergency situation and that fire and health hazards existed in the occupied buildings. It held further that the provisions under PIE did not apply in the context of that case (i.e. to the evacuation under the provisions of the NBRA).
[20] Rule 19(3)(a) of the Rules of this Court requires that an application for leave to appeal to this Court shall contain "the decision against which the appeal is brought and the grounds upon which such decision is disputed".
[21] Section 167(3)(b) of the Constitution provides that the Court "may decide only constitutional matters, and issues connected with decisions on constitutional matters". Regarding the requirement of the interests of justice see Fraser v Naude [1998] ZACC 13; 1998 (11) BCLR 1357 (CC); 1999 (1) SA 1 (CC) at para 7 and Minister of Public Works v Kyalami Ridge Environmental Association [2001] ZACC 19; 2001 (7) BCLR 652 (CC)[2001] ZACC 19; 2001 (3) SA 1151 (CC) at para 28.
[22] Section 26 is set out in full at [34] below. See also Machele v Mailula [2009] ZACC 7; 2009 (8) BCLR 767 (CC); 2010 (2) SA 257 (CC) at para 26.
[23] The interests of justice must be determined in the light of the facts of each case. These include the prospects of success, albeit not determinative, and the importance of the issues raised as well as the public interest.
[24] See Van Wyk v Unitas Hospital (Open Democratic Advice Centre as Amicus Curiae) [2007] ZACC 24; 2008 (4) BCLR 442 (CC); 2008 (2) SA 472 (CC) at para 30.
[25] See also National Coalition for Gay and Lesbian Equality v Minister of Home Affairs [1999] ZACC 17; 2000 (1) BCLR 39 (CC); 2000 (2) SA 1 (CC) at n 18 where this Court stated that "[a] case is moot and therefore not justiciable if it no longer presents an existing or live controversy which should exist if the Court is to avoid giving advisory opinions on abstract propositions of law."
[26] Section 38 of the Constitution provides in relevant part:
|Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
[27] See Abahlali Basemjondolo Movement SA v Premier of the Province of KwaZulu-Natal [2009] ZACC 31; 2010 (2) BCLR 99 (CC) (Abahlali Basemjondolo) at para 13.
[28] This Court in JT Publishing (Pty) Ltd v Minister of Safety and Security [1996] ZACC 23; 1996 (12) BCLR 1599; 1997 (3) SA 514 (CC) at para 15 remarked:
A corollary is the judicial policy governing the discretion thus vested in the Courts, a well-established and uniformly observed policy which directs them not to exercise it in favour of deciding points that are merely abstract, academic or hypothetical ones.
[footnote omitted]
[29] Section 1(c) of the Constitution provides: "The Republic of South Africa is one sovereign, democratic state founded on the following values .... [s]upremacy of the Constitution and the rule of law."
[30] See Abahlali Basemjondolo above n 27 at para 18.
[31] Section 36 of the Constitution provides:
The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including–
Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.
[32] The preamble of the DMA reads:
To provide for–
matters incidental thereto.
[33] See for example section 1 of the DMA in respect of the meaning of "disaster" set out in n 39 below, section 2(1) set out in n 38 below and section 55(1) set out in n 8 above.
[34] See Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs [2004] ZACC 15; 2004 (7) BCLR 687 (CC); 2004 (4) SA 490 (CC) at paras 89 - 91.
[35] Above n 8.
[36] Section 2(1) of the DMA provides:
This Act does not apply to an occurrence falling within the definition of "disaster" in section 1–
[37] "Disaster" is defined in section 1 of the DMA to mean
a progressive or sudden, widespread or localised, natural or human-caused occurrence which–
[38] See Concise Oxford English Dictionary, 11th edition (Oxford University Press, Oxford, 2009) 493.
[39] Section 55(3) of the DMA provides:
The powers referred to in subsection (2) may be exercised only to the extent that this is necessary for the purpose of–
[40] Section 10 is set out above n 15. In this regard see Tswelopele Non-Profit Organisation v City of Tshwane Metropolitan Municipality 2007 (6) SA 511 (SCA) at paras 15-6.
[41] Section 8(1) of the Constitution provides:
|The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
In terms of section 152(1) read with section 153(a) of the Constitution, a municipality must provide services in a sustainable manner to the communities within its area of jurisdiction including the applicants. Section 153(a) enjoins a municipality to structure and manage its administration, budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community.
In addition, the Housing Act and the Housing Policy are legislative and policy instruments enacted to give effect to the housing obligations of the various organs of state, including municipalities. In particular, section 9(1) of the Housing Act provides, in relevant part, that a municipality –
must .... take all reasonable and necessary steps within its framework of national and provincial housing legislation and policy to–
See also in this regard City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd (CCT 37/11) [2011] ZACC 33 (1 December 2011) at para 24.
R Jansen, M Dewrance and I Oschman (instructed by Gilfillan du Plessis Attorneys) for applicant/appellant.
V Maleka SC Advocate Khaya Mnyandu and N Mji (instructed by Bongani Khoza Attorneys) for respondent.
S Wilson and I de Vos (instructed by the Socio-Economic Rights Institute of South Africa) for the Amicus Curiae.
all rights reserved


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This monthly blog highlights and discuss emerging trends and challenges related to healthcare data and its ever changing life cycle.
By Barbara A. Ryznar RPh, MSHI, CHDA, CPHIMS, CAPM
Understanding the cost of prescription drugs can be challenging. The recently introduced Centers for Medicare and Medicaid Services (CMS) Medicare Spending Dashboard, an example of the principle of collecting healthcare data once and reusing it to serve the needs of multiple stakeholders, helps users to make sense of this information. The dashboard includes a data table of drugs with pop-up windows that graphically present additional information on them, which helps to bring some perspective to drug spending and utilization. The data, representative of some of the types of healthcare data that is now becoming publicly available, showcases a total of 80 drug items selected as the top contenders using the criteria of spending per user, total spending, or significant cost increases.
The dashboard certainly calls attention to drug spending with some eye-popping dollar amounts, but the value of the data for specific analysis may require a closer look before making any conclusions. A data analyst brings the skills needed to critically analyze the data. For example, a cursory examination by a data analyst of the data might bring up some issues concerning quality and usability.
The source of the data is Medicare Part D and Part B drug claims data, which conform to standards of terminology for drug identification in a standardized format for electronic claims transmission and are bound by compliance regulations to the program. These constraints ensure consistency and accuracy in data representation. The scope of the data, though, is limited to the list of 80 drugs covered by theses programs, meeting the dashboard selection criteria, and those used in this population. It does not include spending using cash or claims coverage by other commercial insurance. By limiting the scope to the top 40 in Medicare D (retail) and top 40 Medicare B (generally administered through outpatient clinics and physician offices), this represents a rather small sample of drugs utilized. Of course, these drugs are the ones recognized as having the highest impact regarding the dashboard selection criteria.
The dashboard was created using data from 2014, which poses a problem with timeliness. In fact, of the top five in the Medicare D category for high total spending, three have since become available in generic form and do not have the same impact on spending today. The increased cost criteria for selection also represent a volatile aspect.
The data show granularity across the various parameters. The cost is defined to the individual dose, making it highly granular, but interpretation is needed to bring this into scale. For example, the cost listed for Advair Discus is as $4.94 per dose, but this is an inhaler, used twice a day, and comes packaged with 60 doses for a month's supply. So, the actual spending per patient on a monthly basis would be $296.40. The interpretation becomes more digestible with this per month amount. With another example, the drug Lantus is represented twice, once as the vial and also the pen form, probably separated due to a slightly different cost per unit. If combined, the totals for Lantus would have been at the top of the list for total spending. The average cost for the patient's share across the board also may not be representative of the actual cost to the beneficiary due without factoring in additional methods of payment or whether the patient has fallen into the Medicare D coverage gap known as "the donut hole."
The dashboard is worth a look to see how the data has been presented and to gain awareness of the spending and trending of Medicare drug costs. It is a start in understanding drug utilization and cost, but combining these results with other data is needed to justify spending with outcomes to provide the total picture. To point to areas for cost containment, some comparison data with lower cost therapeutic equivalent drugs would give a dashboard for decision making.
This example is just one of many complex challenges that face data analysts as they look to define, display, and evaluate healthcare data. By applying critical thinking to data, a data analyst's skills can be critical to making sense of complex healthcare data and help turn healthcare data into useful information for decision making.
Centers for Medicare and Medicaid Services Office of Enterprise Analytics and Data. Medicare Drug Spending Dashboard 2014. December 2015. https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Dashboard/Medicare-Drug-Spending/Drug_Spending_Dashboard.html.
Barbara A. Ryznar is a community pharmacist at Medicine Shoppe and a part-time course facilitator in the MSHI program at University of Cincinnati.

subset: commoncrawl


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Ugg Boots – Trend Accessory for Hollywood Celebrities
Ugg boots are widely recognized for their classic and elegance. Designed with high quality and stylish look, Ladies Ugg Boots, Mens Uggs, Children Uggs have a high-grade beauty. Considered for amazing looks and exclusive comfort, these boots are symbol of excellence. With its newest collection Ugg boots have drawn attention of every age group and set a blaze in the minds and hearts of shoes lover. Women's Ugg boots have turned numerous mind towards its selection. For every age group in lots of colours with selection in sizes, these boots have gained wide popularity for themselves. Inserted with delightful workmanship and trendy look, Men's Uggs are becoming a fashion declaration of Hollywood.Uggs have brought revolution in mainstream trend. Huge portion of these footwear has given immense independence to option. Craze for Mens Uggs have terrifically transformed the perception of conventional wears. Becoming the first selection of Hollywood world, Ugg boots have won appreciation from the celebrities. Incorporated with the world's best fur and leather, these footwear are becoming a fashion tag for the American and Western superstars. Used by international superstars and models, these boots are making the crowd crazy to choose their elegant, retro look boots. Steering to be the symbol of style and tendency, Children Uggs also have gripped the market.Admirations for these Ugg boots have created Hollywood and some other regions of world in terms of fashion. First choice of the marvelous International Star Pamela Anderson, Uggs have won its value. With the approaching Hollywood films, stars are seen putting on Ugg boots which has more set an era for fashion. Besides these excellent actor and actresses, Hilary Duff, the gorgeous queen also has love for Ugg boots.Aussie Ugg boots are of Australian classic handicraft which makes these types of Ugg boots inimitable in style. Made from unisex sheepskin, these types of boots have pull on and lace up features. Developed with insulative features of ugg, it gives thermostatic properties to the footwear. Prepared with chunky fleecy materials on the inside part of the boots, it facilitates circulation and maintains the body temperature.It keeps the feet comfy and can be used in winter without a pair of socks. If you are looking for Ugg boots, these types of Sheepskin footwear completely matches your taste. To become greater worth, Ugg boots sale has touched the sky. Wanted massively, these Men's Ugg boots and Ladies Uggs have brought innovation in mainstream trend. If you're passionate for Uggs and are striving hard to get some real hot selection do visit online and set your own style statement.
Shop The Official Australia Web-site! Uggs Sales On the web within ugg boots sale.


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your bag
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Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
Nana judy moontide cut off singlet
The strapping Moontide Cut Off Singlet from nana judy has sold out. We did have it inAcid Grey / Xl.
Start a "Find It For Me" to notify hundreds of Australian Boutiques that you're looking for it and then be notified if it comes back in stock.


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Hi everyone!
Whilst trying to digest all the goodies I ate today in my mother's house, where all the family was gathered, I thought to share some photos of my newly painted figures.
Below you will see some Austrian allies of the Venetian Republic, that fought against the Ottoman Empire in the early 18th century, during the siege of Corfu.
The figures represent an Officer and a Drummer. Some grass on their bases and they are ready to defend the citadel. :-)
Have a Merry Christmas everyone! Keep your beloved ones close to you, cause that's what life is all about. And smile (it makes people nervous)! :-)


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Framed Paper
GREAT IDEA. I found this on the JCaroline Creative website in their "How To" section. Find some inexpensive frames, great paper, and put them together! I'm definitely doing this.
12 comments:
- missliss5/Melissa said...
Oh my gosh---that's a really awesome, easy idea!
- August 11, 2008 at 9:32 AM
- Apron Thrift Girl said...
I love the simplicity of it. I often find used frames that are inexpensive and would be perfect for this. Thanks for the idea.
- August 11, 2008 at 11:30 AM
- Rae said...
The simplest ideas are always the best ideas...at least in my book! Thanks so much for sharing!!
- August 11, 2008 at 2:25 PM
- © Eclisse Creazioni Art & Photography said...
This is a really cute idea, LOVE IT!!!!
- August 13, 2008 at 4:00 PM
- Angela said...
Love this idea!
- August 13, 2008 at 9:39 PM
- Adriann said...
I did that in my daughter's room and it turned out GREAT! I get a ton of compliments on it, and it literally cost me about $3.
- August 14, 2008 at 10:16 AM
- Marie @ Make and Takes said...
With all the darling scrapbook paper out there, this is fun idea. Great share.
- August 16, 2008 at 8:27 PM
- Elizabeth said...
I love this. What a great idea.
- August 17, 2008 at 2:33 AM
- Heidi Boos said...
I'm new to the site and can't wait to keep coming back for more fun ideas! I am definitely going to use this idea for our play room decor. I've done something similar, but nothing as simple as using patterned paper!
- August 19, 2008 at 9:41 AM
- hot garlic said...
What a cute website! I clicked over from a friend's blog who had blogged about that tasty looking dessert.
There are so many cute ideas on here, and the jewelry! Oh the humanity!!
Kudos to you for being in the primary! {I'm a member too}
- August 22, 2008 at 5:45 PM
- ElizabethandJeff said...
We just moved and I'm always looking for decorating ideas. I'm probably going to Ikea this weekend. Can't wait to look for some great frames!
- August 26, 2008 at 2:14 PM
- Lolly Jane said...
simple. i'm diggin it.
- September 2, 2008 at 5:11 PM


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How it works: Look below for your favorite type(s) of candy to find out what the sweet stuff is forecasting for your future! At Candyality, you really are what you eat!
(Pixie Sticks, Runts, Fruit Blast…)
Shine on harvest moon! The full moon eclipse on the 16th of the month you'll have plenty of wind in your sails to take fall by sea or storm. Are you training for the triathlon? Got a 5k on your mind? You are at peak performance, and your competitive spirit is overwhelming. Stock up on your sugary sweets and go for the gold.
(Sour Belts, Worms, Poppers, Balls…)
The harvest moon seems to be effecting your sweet tooth urge and those risk taking tendencies that you posses. This is the time to start experiencing all the things on your bucket list; you'll have a blast!
(Jelly Belly, Gumdrops, Skittles…)
The colors of candy have always provided you with some sweet inspiration. Cool weather brings even cooler candy waiting to be scooped up. So grab a new stash bag and pick and mix to your heart's desire!
(Haribo Raspberries, French Burnt Peanuts, Peanut M & M's…)
Colleagues, family, and friends will provide you with the resources you need for all upcoming details and strategies. Set up an impromptu candy buffet with your favs to keep you and everyone around you motivated and produce valuable results.
(Cotton Candy, Taffy, Airheads…)
It's a good time to guard your mental state as the moon enters into Libra. Meditate, eat good food, and fill up on fluffy treats, these will help you stay on course and produce insightful results and of course keep you balanced.
(Gummy Bears, Swedish Fish, Bubble Gum…)
You are so resilient, the daily grind is more like the daily chew with you. Don't let your practicality get in the way of having fun, in fact take in a special event on the 23rd the night of the last quarter moon; you'll have so much fun you'll be bouncing off the walls!
(Lemon Drops, Jawbreakers, Peppermints…)
Entering the fall season always makes you contemplate your direction in life. You tend to be modest so don't discount all that you have accomplished. Use the next few weeks to be reserved and rejuvenate, as you should be quite busy as the new season unfolds.
(Red, Black, Good & Plenty…)
As fall approaches your cravings for your favorite licorice become stronger. Don't hesitate to indulge, as your mantra should be to be as kind to yourself as you are to others. Sharing your stash bag will be a win-win for you and your friends.
(Anything Covered in Dark Chocolate…)
Fall fashion seems to be better than ever and your dark cravings have you out and about buying the latest trends. Restock that wardrobe with a few staples and just like your chocolate, don't be afraid to add at least a piece that you couldn't resist
(Anything Covered in Milk Chocolate…)
Lucky you! This whole harvest moon thing has put you in an unbelievable positive mood. Everyone around you will want to feed off your energy, so stock up on the milky treats as this experience will last until the end of the month!
(Anything Covered in White Chocolate…)
You're out and about these days trying lots of new places and things to do. While you wish to keep some things to your self, you are the Pied Piper and everything you do the entourage. The white stuff you crave makes you a natural born leader, scoop up and deal!
(Tootsie Rolls, Mary Janes, Bit O Honey…)
Party hearty! This is the best time to put on those blue suede shoes and rock around the clock! Stock up on your favorite nostalgic treats, spin some 45's and have some fun, fun. fun!
Hello FREAK! Your life is always sugar coated and sweet. Congrats you MANIAC on being so connected to your confections that you make the world taste good.
Yowies, Beer flavored Cotton Candy, Coconut Haystacks
Visit www.candyality.com to shop online or to contact us about all things sweet!
Candyality® has been delighting consumers since 2007 on what their candy choices say about them! Our bi-monthly blog and your CandyScope®, is a delightful, mouthwatering perspective of what your favorite candy says about you. Something you can really sink your teeth into! Because @candyality you are what you eat!
2016 Candyality LTD. All rights reserved


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Total Individual Insolvencies up in third quarter of 2015
Total individual insolvencies have increased for the first time since the second quarter of 2014 according to Insolvency Service figures.
Reporting on third quarter figures, for 2015, analysis shows that bankruptcies and debt relief orders are falling. However it was a rise in the number of Individual Voluntary Arrangements (IVAs) that caused the increase in total individual insolvency.
The report highlighted:
- bankruptcies are at their lowest level since Q4 1990
- DROs were at the lowest level since Q4 2009.
The figures also indicate that the number of bankruptcies would decrease as people opt for a DRO which was introduced in 2009.
In terms of IVAs alone there was a 9.3% increase from Q2 2015 in the following quarter. When comparing IVA figures in Q3 of 2014 there was an actual decrease of 17.9%.
Total individual insolvency comparison with the same quarter in 2014 shows an 18.5% decrease in total.
Earlier this year the Insolvency Service also released figures showing that the number of women facing insolvency proceedings overtook men in 2014.


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Superman Returns is a 2006 film based on Superman (after a cinematic absence of 19 years). It is directed by Bryan Singer and stars Brandon Routh, Kate Bosworth and Kevin Spacey. The screenplay is by Michael Dougherty and Dan Harris.
Following a five-year absence, Superman returns to Earth. He re-assumes his secret identity of Clark Kent, and discovers that Lois Lane -- now in a "long engagement" -- has a five-year-old son. Superman's nemesis, arch-villain Lex Luthor has devised a new plan to defeat Superman. Bryan Singer has said that the "loose" continuity established in the first two Christopher Reeve Superman films serves as its back-story, or, as he put it, a "vague history".[1] The late Marlon Brando's role as Superman's biological father Jor-El is reprised with the help of computer-generated imagery and earlier footage.
General Trivia
- Perry White's The Daily Planet preparation headlines at the closure of the movie "SUPERMAN IS DEAD" and "SUPERMAN LIVES" are reminiscent to DC Comics's famous Superman storylines "The Death of Superman," "Funeral For a Friend," and "Reign of the Supermen."
- This was the first Superman movie to date to be wholly produced and distributed by Warner Bros. Pictures. Superman IV: The Quest For Peace was co-produced by Warner Bros. and Cannon Films.
- The producers of Smallville were allowed to visit the set during production.
- During the scene in which the train set is being destroyed by the crystals, a sign displaying "Smallville" can be seen among the wreckage.
- According to Bryan Singer, Superman's age has always been in his late twenties to early thirties, and will continue to be so.
- Kitty Kowalski's name has been the source for much confusion. It has been alternately spelled as 'Koslowski'; in a production blog one of her costumes behind the scenes is labeled 'Kowalski' and her name in the credits of the film is as such. This confusion has been further exacerbated in various articles and websites that list her name as either Koslowski or Kowalski. She was featured in director Bryan Singer's production blog #23 entitled 'Derailed' on BlueTights.net, in which Lex Luthor tests out a stunning train set whilst ignoring Kitty, who is visibly bored and lonely. She was also the subject of costume-design blog #27 entitled 'Bespoke'.
- Tom Welling, who plays Clark Kent in the TV series Smallville talked with Brett Ratner, when he was still the director, about the role of Superman. Among topics in the discussion was the scheduling conflict with Welling's series and the movie.[2]
- Routh put on 20 pounds of muscle for the role of Superman.
- One of the glow-in-the-dark stars on the ceiling of Clark Kent's bed room is red, a reference to the red sun of Krypton.
- The movie was originally planned to be released on June 30, 2006, but Warner Bros. bumped up the date to Tuesday, June 27 (both conventional and IMAX theaters hosted special screenings at 10 p.m. on Tuesday night, a day ahead of its official June 28, 2006 theatrical release). Many see this as an attempt to collect three more days' worth of box-office revenue before the debut of Pirates of the Caribbean: Dead Man's Chest on July 7, 2006.[3]
- The companion album to the score, Sound of Superman, was released on June 13, and features contemporary artists performing songs that merely reference Superman (such as The Sun's cover of The Kinks track '(I Wish I Could Fly Like) Superman', but do not feature in any film soundtrack.
- Bo the Bartender, who serves Clark Kent and Jimmy Olsen just prior to the airplane crisis, was played by Jack Larson, the original Jimmy Olsen of The Adventures of Superman series. Larson also appeared as a temporarily aged Jimmy in an episode of the Lois & Clark TV series. After Superman's rescue of the plane, one of the scenes of people celebrating include Larson hugging his current successor to the Jimmy Olsen role, Sam Huntington.
- Note: According to Daniel Wallace's Superman Returns: The Visual Guide, Bo's full name is Bo "Bibbo" Bibbowski. Bibbo is the bartender and supporting character from the modern Superman comic books.
- Gertrude Vanderworth, the old woman whom Luthor cons to gain her fortune, was played by Noel Neill, who was the first live-action Lois Lane (in the 1948 and 1950 Superman movie serials) and the second actress to portray Lane in the 1950s television series The Adventures of Superman. She has had cameo appearances in two other live-action Superman projects; as a young Lois Lane's mother in Superman, and as a Daily Planet employee in the live-action Superboy TV series alongside former Adventures costar Jack Larson.
- The concept of Superman's first public appearance upon his return in the film is reminiscent of the character's first public appearance as shown in The Man of Steel #1, by John Byrne. There, Clark Kent (sans glasses, and pre Super-suit) is in Metropolis for the launch of a new space plane being covered by the press. When something goes wrong, placing the lives of the crew and spectators below in danger, Clark instinctively springs into action and saves the plane. (It is here that he meets Lois Lane for the first time.)
- When Superman saves Kitty in the 'out of control car' sequence, the shot of him putting the car down, and the picture taken from the event seen on Perry White's desk in the following scene, is nearly identical to the cover of Action Comics #1 (Superman's first appearance).
- Superman saves a plane from disaster in a fashion that is similar to a sequence in the Fleischer Superman cartoon Japoteurs.
- In the film, there is a small reference to Gotham City in a news segment reporting where Superman has been sighted. Gotham City is, of course, the home of Batman.
- One of the space shuttle pilots is played by Sir Richard Branson. His proposed company, Virgin Galactic, plans to make space flight affordable to civilians. The Virgin Galactic brand is seen in the in-flight presentation given to reporters in the movie. Also as part of the film's UK promotion, one of Virgin's Pendolino trains was given a relivery with large images from the movie along its side, the first time any unit in this class has deviated from the company's standard livery since its introduction in 2001. [1]
- At the end of the movie, the pajamas Lois Lane's son is wearing have DC Comics' Aquaman on them.
- Michael Dougherty and Dan Harris, the writers of the film, make a small cameo in the museum before Lex Luthor's thugs shoo them away from an exhibit.
- "Alienation" and "Zod" are words briefly glimpsed on the Scrabble board in the Kent house at the beginning of the film.
- While Superman remains in critical condition, Perry and Richard White discuss two alternate headlines, "Superman is Dead" and "Superman Lives." (The date on the former is September 29, 2006). This could be an homage to the ending of 1961 newspaper-set film The Day The Earth Caught Fire. Superman Lives was also the name of the abandoned fifth Superman film.
- Routh as Superman parts his hair to the opposite side that Reeve parted his in the previous Superman films.
- As evidence of Superman's pop culture influence, two summer movies have used Superman themes in their trailers: The Devil Wears Prada and My Super Ex-Girlfriend. Additionally, the teaser for The Simpsons Movie, due the following summer used a similar theme whilst panning over a Superman 'S' (revealed to be Homer Simpson's T-Shirt).
- The F-35 Lightning II makes its first cinematic appearance in the plane scene, escorting the shuttle attached to the Boeing 777.
- During the quake, Superman used almost all of his powers; super strength and speed, heat vision, flight, and super breath.
- The film is "dedicated with love and respect to Christopher Reeve and Dana Reeve".
- The filming location - Australia - is referenced (presumably unintentionally) in the film in at least two ways. Firstly, when Superman's mother's radio stops as he crash lands outside her house there are abbreviations on the dial referencing Australian states - such as QLD for Queensland. Also, when Lois arrives at the hospital to see Superman it is clear she is in a car made for left hand driving, the side of the road used in Australia.
- Superman does not commit a single act of personal violence on any one in the entire movie, the closest is when he subdues an armed criminal. The only on-camera violence exacted on Superman is the torture session Lex and his thugs put him through.
- Although the setting of the movie is Metropolis, in the scene where Clark takes Lois in the sky, you can clearly see the island of Manhattan, as well as Central Park. This is in keeping with Donner's depiction of Metropolis as New York City.
- Kate Bosworth (Lois Lane) and Kevin Spacey (Lex Luthor) play mortal enemies in this movie. However, in Beyond the Sea (2005), Spacey plays Bobby Darin, while Bosworth plays Sandra Dee, Darin's wife.
- During the Daily Planet rooftop - Lois' cigarette scene, Superman made a face closeup move toward the camera. Routh's face in the shadow clearly resembled Reeve's face.
Connections to Superman and Superman II
Singer has said that Superman Returns uses the first two films that began with 1978's Superman as a vague history to the events of this film. By establishing the plot as taking place after the first two films, it consequently retcons Superman III and Superman IV: The Quest for Peace out of existence. The many references to the first two films include:
- In the first full trailer for the film Martha Kent is heard in voice over "Your father used to say that you were put here for a reason", directly quoting a Jonathan Kent (Glenn Ford) line from the 1978 Superman.
- In the Kent house there is a framed photo of Jonathan Kent, Clark Kent's adopted father, displayed with other framed family photos. The photo is of Glenn Ford, the actor who played the character in the 1978 film.
- When Kitty and Luthor are in Fortress of Solitude, Kitty says to Lex Luthor "You act like you've been here before" (he had, in Superman II).
- Kevin Spacey's Lex Luthor paraphrased a quote made by Gene Hackman's Lex Luthor in the original 1978 movie: "Son, stocks may rise and fall, utilities and transportation systems may collapse. People are no damn good, but they will always need land and they'll pay through the nose to get it!" Along with that, after Spacey's Lex prefaces his sentence with, "Do you know what my father used to tell me," Kitty answers, "Get out," at one point in jest, the same response Miss Teschmacher gave Hackman's Lex in the original when he rhetorically asked a similar question.
- Kitty also has a lapse of judgment similar to Teschmacher, and her final refusal to help Lex.
- The threat of "billions" of people dying is again referenced to and by Luthor, his scheme is again a real estate themed threat to destroy part of America and make profit on the newly expensive plot of land.
- Superman also struggles with kryptonite while trying to keep to the surface of a body of water, in Superman: The Movie, Lex places a kryptonite necklace around Superman while he drowns in his pool. In Superman Returns Lex stabs Superman and drops him to the ocean. Both times, a woman rescues him.
- The score composed by John Ottman features leitmotifs created by John Williams for the original film. Aside from the main "Superman March" theme, Ottman references "The Planet Krypton" theme, the "Death of Jonathan Kent"/"Leaving Home" themes and the "Lois Lane Theme" (aka "Can You Read My Mind") in the score for the film.[4] The teaser trailer relies on the cue "The Planet Krypton", which was featured in the 1978 film.
- Some of John Barry's Kryptonian designs for Superman, including the Fortress of Solitude and the baby Kal-El's transport pod, have been recreated.
- In the original film, after saving Lois, Superman says, "I hope this hasn't put you off flying. Statistically speaking, it is still the safest way to travel." Then she faints. In Returns, after he saves an entire press corps on board a flight by preventing the plane from crash landing he recites the same dialogue and Lois again faints.
- When Luthor and his henchmen steal the Kryptonite from the museum, the placard indicates that the specimen was recovered from Addis Ababa in 1978. The kryptonite in the original Superman film was taken from Addis Ababa and the movie was released in 1978.
- The film mentions Lois' article "I Spent the Night with Superman" — written by the character in the 1978 film.
- Lois still smokes (unlike her comic counterpart) prompting Superman to say in Superman and Superman Returns, "You know you really shouldn't smoke Miss Lane."
- As in the original two films, Lois is still a horrible speller (as implied by the original film quotes, "How many T's in bloodletting?" and when Perry White points out that she incorrectly put two P's in "rapist"). In the new film, she asks, "How many F's in catastrophe?"
- In Superman II, Lois hoped to win a Pulitzer Prize by doing a story on French terrorists who were attempting to destroy the Eiffel Tower. In Superman Returns, she has won the Pulitzer for her essay "Why the World Doesn't Need Superman".
- In both Superman: The Movie and Superman Returns, Lex Luthor (while holding Kryptonite) states that he will defeat Superman by using "mind over muscle".
- The final scene, now computer-generated, shows Superman in space, smiling at the audience, in almost the same pose as in the final scene of the 1978 film (which was re-used at the end of the other three Reeve pictures).
- As established in the first two Christopher Reeve movies, Metropolis is essentially New York City. Featured are the Twin Towers, the Statue of Liberty, etc. (Richard Donner confirms this in his commentary for the film). This is in contrast to comic book continuity which maintains that the two cities co-exist (although even in the comics they are identifiable as the same city). Singer's film continues the canon established by Donner by setting Metropolis in place of New York City. This is supported not only by the maps on Lex Luthor's yacht, but also aerial shots of Metropolis in which Manhattan Island is clearly identifiable (its shape, Central Park, etc.) as well as its proximity to Roosevelt Island, the Hudson River, the Brooklyn and Manhattan Bridges, etc. The only difference between the two cities' skylines is the presence of the Daily Planet building (with its iconic spinning globe) in Metropolis.
- While the design of Kal-el's spaceship is essentially the same as in the first film there are some differences. The ship in Superman Returns was given a larger size to accommodate Kal-el as an adult. Also, in the Richard Donner classic, the ship starts to deteriorate as it enters Earth's orbit (and the wreckage of the ship is then hidden in the Kent barn), which is not apparent in the 2006 film.
- In the first movie, Lex Luthor plots to destroy the coastal area of California for real estate speculation purposes. In Superman Returns, his creation of the Kryptonian landmass would have flooded most of the U.S., except the California coastal area. Also, in both Superman II and Superman Returns, Lex makes explicit references to "beachfront property".
- Answering a question in the Fortress of Solitude, Lex calls it a "monument to a long lost civilization." Similarly Zod refers to the fortress as "a sentimental replica of a dead civilization" in Superman II.
- Lois makes a reference to Luthor's double life sentence that was mentioned in Superman II. (However, according to a prison guard in Superman II, Luthor only received a "Life + 25" sentence.)
- Clark describes one of Richard's ideas as "swell". In the original movie, Clark also used "swell" as an adjective, to which Lois responded, "You know, Clark, there are very few people left in the world who feel comfortable saying that word." In Superman Returns, they simply give him an incredulous look.
- About halfway through the movie, Lois drops a pack of cigarettes, and she and Clark both reach to pick it up. This is a reference to a scene the end of Superman II, where a similar thing happens, after which the two kiss.
- Kevin Spacey's Lex Luthor, like Gene Hackman's, disguises his baldness with a hairpiece. Upon his arrest in Superman, Luthor smugly discards the hairpiece when he informs the prison guard who he is. In Superman Returns, his goal accomplished, he smugly tosses his hairpiece to the child of a family whom he has just swindled out of their fortune.
- In both Superman and Superman Returns, Superman approaches Lois for an interview because a lot of people have questions. In both interviews Superman makes a point to not know Clark. In Superman Lois tells Superman, "Clark said that you were just a figment of somebody's imagination, like Peter Pan" and Superman responds, "Clark? Who's that, your boyfriend?" In Superman Returns Lois says, "Clark said the reason you left without saying goodbye was because it was too unbearable for you; personally I think that's a load of crap." In return Superman simply replies, "Clark?"
- In Superman, after Clark's first day at work at the Daily Planet, Lois and Clark leave the building, and Clark gets stuck in the revolving doors on his way out. Similarly, in Superman Returns, as Lois and Clark leave the Daily Planet, Clark gets himself stuck in the same slot of the revolving door as Lois, as they awkwardly exit the building.
- In Superman and Superman II, the opening credits show the titles coming at the audience in a simulated 3-D effect in space. Superman Returns utilizes similar opening credits with the titles coming at the audience in 3-D fashion as the camera moves about outer space.
- In Superman Returns, Superman is seen to be flying around the Eiffel Tower. In Superman II the Eiffel Tower was the setting for the opening action sequence.
- In Superman, Jimmy Olsen accidentally calls Clark, Mr. Clark, which Clark then corrects him, saying it's Mr. Kent. In Superman Returns, when Clark returns to the Daily Planet for the first time, Jimmy gets overexcited and starts calling him Mr. Clark, but then corrects himself.
Allegories and allusions (specific to other lore)
- Prometheus: Lex Luthor uses this tale as a premise for his raid on the Fortress of Solitude, as Prometheus stole the fire for mankind from the Gods. Lex incorrectly identifies Prometheus as a God, when he was actually a Titan.
- Clarke's three laws: In reference to Kryptonian technology, Lex Luthor states a version of Clarke's third law twice: that to a relatively primitive mind, any sufficiently advanced technology is indistinguishable from magic. This quote is referenced from Arthur C. Clarke, who mentioned "Any sufficiently advanced technology is indistinguishable from magic." from "Profiles of The Future", written in 1961.
- Moses: Superman's castoff to Earth has been alluded to the casting of Moses in the rushes for his safety (in Superman's case, from the destruction of Krypton) This is probably due to Superman's creator's Judaism. (See Cultural influences on Superman.) Also covered in other works.
- Dog Eat Dog: a literal take on the aphorism; one of Kitty's dogs is found to have eaten its counterpart while she and Luthor were conducting the Fortress raid.
- Christian God: "I have sent them you, my only son;" allusion of the sacrifice of a son for the people. Also covered in other works.
- Jesus: "Everyday, I hear people crying for a savior;" Superman's point to Lois Lane on "why the world needs Superman." Also covered in other works. Late in the film, Superman is stabbed in the side as Jesus was believed to be during the Crucifixion; after casting the Crystal Continent into space, the fatigued Superman strikes a pose almost identical to that of a man being crucified. Superman wakes from coma in what seems the third day by biblical timekeeping, mirroring Jesus' awakening on the third day after crucifixion.
- Life imitating art: Luthor's experiment with the crystal destroys his model city, as his growth of the Crystal Continent nearly destroys Metropolis.
- Atlas: Superman stops the Daily Planet globe from falling on a crowd, assuming Atlas' ancient pose.
- Achilles' heel: Superman's reaction to Kryptonite. Also covered in other works.
- Humans intervene to rescue Superman on two occasions: the idea of "mortals" assisting someone greater than themselves is a flip of the premise of the Gods partaking in human affairs (ala Greek Mythology).
Other back-references
The film contains some typical obligatory back-references to prior Superman media besides just the theatrical films:
- Jimmy showing photos to Perry White and Lois Lane, the three characters exchanging dialogue from the 1940s cartoons, "Look, [Chief], up in the sky!" "It's a bird." "It's a plane." "It's--"(Clark walks in)
- Perry White: "Does he still stand for truth, justice, all that stuff?" (In the 1940s cartoons, Superman stood for "Truth and justice and tolerance". Later he would stand for "Truth, justice and the American way") after World War II broke out.
- Perry White: "Great Caesar's ghost!", a line often used by John Hamilton as White in The Adventures of Superman, as well as by the character in current comics.
- People wondering, for at least a moment, if Clark might be Superman.
A significant sub-plot concerns the paternity of Lois' son, Jason. The initial impression is that Jason is Richard and Lois' son. A progression of scenes suggest that Superman may be his actual biological father. Numerous foreshadowings imply this revelation, some more obvious than others:
- Jason is around five years old, which is roughly the same amount of time that Superman was away from Earth following the events of Superman II. That film included an implied sexual encounter between Lois and Superman, during a portion of the film when Clark had given up his super powers and had a one-night stand with her, even though Clark removed Lois' memories of the whole encounter.
- In a private conversation at home, Richard questions Lois concerning an article she published long ago titled "I Spent the Night with Superman," but she says it was purely journalistic in nature; and, when asked, she denies ever having been in love with Superman.
- When Lois and Jason are being held hostage by Luthor, Jason flinches when Luthor brings out the Kryptonite cylinder. This prompts Luthor to ask Lois who Jason's father is, which Lois says is Richard. After one of Lex's henchmen calls in their position, he asks, "Are you sure?" (this is deliberately timed to confuse the target of his question). Later, when informed that one of his henchmen is killed, Lex's first question is, "Where's the boy?"
- On Luthor's yacht, one of his henchmen is prevented from attacking Lois when he is struck by a grand piano, which Jason was playing only moments before. Although Jason isn't shown lifting or throwing the piano, he is seen with both hands outstretched. Lois and the thug were also on a raised platform at the edge of the room, while Jason was sitting at the piano on a lowered section of the floor.
- After Brutus is killed by the piano, Jason is about to take a breath from his inhaler but instead he puts it away and does not use it. This scene is reminiscent of an earlier flashback of Clark as a teenager learning that he could fly, and reaching for his fallen glasses until he realizes he does not need them.
- Some of the treatments that Jason receives throughout the film may be a reference to the development of Jason's powers (i.e. the problem for which he takes eye drops may be caused by developing heat/X-ray vision, the inhaler may compensate for developing super breath, vitamins for muscular growth, etc.)
- From the plane, Jason was the one to spot Superman in the ocean, amidst countless acres of raging waters.
- As the plane is falling after being unable to take off, Jason is seen holding onto his seat as if holding the plane up. The next scene shows the plane leveling off which could suggest that it was thanks to Jason.
- During Superman's convalescence, Lois tells Superman she needs to tell him something important, looks over to see that Jason is not listening, and whispers something inaudible into Superman's ear.
- Throughout the film, Superman is referred to as a god, which would make Jason the son of god (Jesus.) This would liken Lois to the virgin Mary (which would also make sense, as she has no recollection of sexual relations with Superman (and neither would Mary at all have a recollection of sexual relations.)
- In one of the film's final scenes, Superman recovers and visits the sleeping Jason in his bedroom. Superman then recites the words "The son becomes the father, and the father the son," his own father said to him when he was an infant leaving Krypton in a gesture of affection..
Unresolved Storylines
- Exactly what Superman found when he went to find if any life was left on Krypton is unknown. Given the fact that he mutters later "That place was a graveyard. I'm all that's left," it is most likely that there were no survivors of Krypton. However, Ma Kent replies to the effect you never know what is out there, leaving open speculation there are survivors, i.e. Superman's cousin, Kara Zor-El. The official comics adaptation indicates that it was Lex who engineered the rumour that Krypton had been found, hoping Kal-El would die there.
- The novelization and a deleted scene both shows his visit to Krypton and the barren wasteland that is Krypton.
- How and when Lois Lane met Richard White is not explained at any point, although a comic-book tie-in suggests that they met shortly after the events of Superman II and after Superman left earth, just after she became pregnant.
- The circumstances that led Lex Luthor and Kitty Kowalski to become a couple are not known, but the Marv Wolfman novelization reveals that she became attracted to him upon learning of his ambitions and attempts for power, while he was in prison.
- The New Krypton Island Superman heaved into space at the end of the film is left ambiguous as to what will happen next. In the official novelization, Lois mentions to Perry White that it has settled in orbit around Jupiter and Saturn and is still growing. She suggests the name New Krypton when he is unable to come up with a name for the story. It was supposed to be involved in the canceled sequel.
- In a feeling of guilt, Kitty drops the super crystals Lex stole from the Fortress of Solitude onto New Krypton, denying him the chance of creating another Krytonian landmass. Those crystals contained the knowledge and memory chips of Jor-El and were the only means of connection between Superman and the race of Krypton. How or if Superman will retrieve these or if he will find a way to contact Jor-El's spirit somehow is not yet revealed.


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Rio can't believe her luck. Her dream job became a reality when she was chosen to work with the unique crew on Freedom, a custom outfitted yacht. Starting in South Africa, the crews' goal is to sail around the world. Before Rio boards the yacht, she is caught off-guard by a bizarre man, rattling a dirty leather bag with his gnarled and stained fingernails, staring at her with manic eyes….
The crew consists of five veterans of the war, each with their own personality and abilities. Ash has two blades instead of legs, and still has the strength and dexterity to match a man with legs. Marcus has to be careful around the sun because of his severe burns to his body that are starting to heal, stretching the scars tight across his face. Charis has a biotic arm, the first of its kind she can manipulate with her muscles. Izzy fell from a helicopter and shattered her leg while also coping with Type I diabetes. Rio and Jennifer are there as support for the team, and everyone is ready to take off.
Then disaster strikes. They only wished it had been a monsoon, but it is something much deadlier. A group of pirates have seized the ship and ransacked it, taking them as hostages and sinking the yacht. No one knows where they are or what has happened to them. Now the crew is on their way to most savage part of Africa, where Joseph Kony and his army of children, known as the Lord's Resistance Army, awaits their arrival.
Surrounded by children with guns and blank faces and eyes, the group must be careful around these trigger-happy soldiers, who care nothing about killing a human. Although Ash and most of the others are veterans, they face something much more difficult – being able to survive with their handicaps. Mwemba, the leader, is asking for a huge ransom, but he is only part of the problem. Rio keeps her eye on a girl she calls the Empty Child, a girl whom the others shy away from, even the Sangomo (witch doctor) and Mwemba. Keep your friends close, but your enemies closer is the tactic of Rio and her mates live as they walk their way through desert and jungle hanging on to every shred of hope in order to survive.
This is unlike any other YA novel I've read because the storyline is so very unique. David Massey does an EXCELLENT job at taking a serious world issue that has come to the forefront of many nations and building a fictional account of it specifically for young adults. The characters become a cohesive part of the novel, showing both the hopeful and hopeless situation they are a part of, whether it's personal or not. Within the larger story are smaller ones that deal with the relationships between the crew, especially Rio's relationships. Most interesting is that Massey incorporates the strength of individuals with handicaps, examples of true human endurance. This is one begging to be read and excellently delivered. Recommended upper JH/HS.


text: Though he doesn't retreat so far into the Id as Max in his wolf suit, here's a lad who wakes surrounded by live zoo animals (plush, in the pictures), tiptoes past sleeping "giants" and rappels down a stepped "mountain" to get to the kitchen, confronts a voracious, sucking monster in the utility closet, then goes on to further adventures indoors and out before one of those "giants" snags him for a bath, a cuddle, and a nap. Muñoz dresses the shock-headed narrator in sagging PJs, and places him in recognizable surroundings, to which suggestive shadows or items have been added to evoke his inner exploits. Ashman captures the nonstop action in rollicking rhyme: "I cross a jungle, leap a lake, / wrestle with a spitting snake, / trek through desert, / crawl through caves, / sail a boat through tidal waves." Even children well aware of the pleasures of Pretend will trail along admiringly in the wake of this very Young Indiana Jones. (Picture book. 5-7)


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Clinking crystal glasses filled with champagne in the ornate splendor of Prague's Cernin Palace last week, West German Chancellor Willy Brandt and Czechoslovak Premier Lubomir Strougal toasted a historic moment: the signing of a treaty that establishes diplomatic ties between the two countries for the first time since World War II. The new treaty declares void the notorious 1938 Munich Diktat that allowed Nazi Germany to grab the Sudetenland from Czechoslovakia-and take another step toward war. After the ceremony, a somber Brandt declared: "The acts of brute force cannot be wiped...
EAST-WEST: Bridging the Abyss
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I've known for some time that part of the work I am to be doing is to act as the messenger for the lady of the sun and other spirit beings to help others on their spiritual journey. I have been sooooooo resistant to do this work. The other day I finally understood why this was so scary for me. It's like a light bulb got turned on in my mind.
I've had the ability to channel for almost 20 years and have kept this hidden from all but a select few people, like you, for most of that time. 20 years ago before the internet allowed me to connect to others with this ability, I only had met 2 other people who could do this. While I accepted that this was okay for others, I still saw myself as crazy because of this gift.
I did participate in a group many years ago where I shared channeled messages and I did work with individuals on and off for about 2 years, but then I shut the gift down and went into hiding while I worked in the mental health system where hearing voices in your head was something to be medicated away – and – it was considered very abnormal.
Since I've been off work and began exploring what I would do in the future, I've had a pretty constant connection with a variety of spirit friends like Mother Mary and more recently the lady of the sun. And for over a year they have been encouraging me to be their messenger by sharing the information that they give to me with others.
I have been getting personal messages for myself often over the past year and the information has been so helpful to me. It's been a challenging year and having a spirit friend to go to for advise and support has been extremely helpful. And I kept being nudged to help others by giving them messages from these loving beings, but every time I got close to doing this – the panic would set in and I'd stop and go back into hiding.
Starting this blog was a major accomplishment for me. It allowed me to do the work I was being guided to do, but in a safe and rather anonymous way. I knew that the people who were drawn to my writings were guided there and they were far enough away from me that they could not throw rotten tomatoes or yell rude things. It was a risk I reluctantly took and outside of a few comment that I took as criticism, nothing terrible has happened to me.
But still the fear. It just never went away.
Over the past year, I worked with a variety of counsellors, intuitive readers and even a woman who did shamanic journeys with me, but the fear persisted. I discovered a lot about myself and grew and changed a lot, so I'm glad I did this work but it was never enough to get me to the point where I felt comfortable being open about the gift of channeling, especially when it came to giving personal messages to others.
Well, the other day, I finally understood the remaining block that had me paralyzed. I have a self help tool that I use to identify the blocks that keep me stuck and after praying for help the other day, I was guided to do this work with myself to figure out what was going on.
What I discovered kind of surprised me. It was an event that happened when I was about 7 that had me stopped in my tracks. I developed a fear after a traumatic experience at school that was keeping me from moving forward with the work I am here to do.
I did some healing work with the little girl in me who was so traumatized by a teacher and since then the fear is going away. I still feel some hesitation with moving forward, but it has shifted from panic to discomfort, something I can live with.
This experience reminded me of the value of this process that I learned years ago and adapted to work well for me. I know that this is something else I need to be teaching people to do, to get over those seemingly little events of the past that can still cause us to be stopped in our tracks.
Well with this new awareness and the support of my spirit friends, I am going ahead with the work I have come here to do, helping others to move out of fear and into the light.
So stay tuned….. I will soon be offering free personal mini readings…..
Blessings, sheryl


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There are always those people that seem to be so difficult to buy for. Maybe it is a close friend that seems to have everything or a parent that never makes mention of items they like, want, or need. Personalized gifts are one of a kind. They are rarely something you can run to the store and pick up at the last minute. They require time and thought as well as planning ahead. For this reason, the gifts are so well received.
Though stationery is the first thing that comes to mind for an item that can be personalized, customized gifts actually come in a variety of options. The American Stationery Company has several new arrivals to their catalog.
Candles are an incredibly versatile gift, no matter what the occasion. Take it up a notch and give a personalized candle gift. Made of one hundred percent palm wax, our candles burn nearly soot free. Both natural and biodegradable, they are infused with pure plant based oils for a clean, neutral scent. Offered in a pleasing champagne color, this candle will look good in any room, regardless of decor. The candle comes in two sizes: a three inch square pillar and a four inch square pillar. You can customize two to three lines or opt for a trendy monogram with the recipient's initials. The personalization is deeply carved into the side of the candle in the font you choose.
Another new product offered is the personalized spa soap sets. Select a handsome monogram or three lines of print, these soap bars are a unique gift! Crafted fresh in Vermont and triple milled for extra rich lather, this bath essential is the perfect choice for a spa gift set or basket. Consider this option, too, for the individual that often entertains company, as these custom soaps would look lovely in a guest bathroom. The water based bar is gentle on the skin and the warm white color will fit in with any color scheme.
Read: Part 2 – Personalized Signs


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12:00PM, Thursday 19 October 2017
More than £1.3m is to be spent on a 'state-of-the-art' CCTV system by the Royal Borough.
It has also secured the services of a private parking contractor to take over parking enforcement from the council.
The cabinet member for environmental services (including parking) councillor Carwyn Cox (Con, Hurley and Walthams) described in a briefing at the town hall on Tuesday how the council had made the
decision to invest in the new CCTV system after listening to the concerns of ward councillors and other community groups.
He said: "The new system will include additional cameras and a new control room that will bring us up to date with the latest front-end technology.
"It will be state-of-the- art, moving the system from hard wired to wireless."
Cllr Cox described the Royal Borough as 'high profile' and said the decision wasn't influenced by any specific crime or security incidents that had occurred over the last few months.
He maintained that the council always planned to review the system before concerns were raised about a loss in coverage and that the new system would be monitored 'in-house'.
"It's a positive step in monitoring the safety of the Royal Borough," he added.
The system is expected to be operational towards the end of next year.
From December 1 this year, a new parking company will take over the role of parking enforcement across the Royal Borough.
NSL Limited won an initial two-year contract that has an option to be extended for a further three years.
Existing enforcement officers employed by the council will transfer over to the new company.
Cllr Cox said: "It will help meet the demands of residents who have requested more parking schemes to prevent things like commuter parking in residential areas and parking illegally."
The deal was described as being 'cost effective' and that the company will also be able to provide additional support at big events.
"You might see an increase in fines initially but I think it will really help with prevention going forward.
"And in the short-term it will help those residents who may feel that parking schemes have not been properly enforced."
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Police closed off the footpath linking North Town Moor and Summerleaze Road this afternoon (Monday).
All lines are currently blocked between London Paddington and Reading after a person was hit by a train between Maidenhead and Slough.