Cape Town - A lawsuit in which homeless people who were fined for sleeping on pavements are challenging the legality of the action against them has been postponed in the Western Cape High Court until further notice.
Dingley Marshall Incorporated is the law firm representing the seven street people who were fined.
“After the City officials did not respond to our initial letter, sent on July 31, calling for the fining of homeless people and the removal of their possessions to stop, we decided to file a lawsuit against the City on behalf of the street people,” said Lucien Lewin, a director at the firm.
“Last week, the attorney acting on behalf of the City filed a notice of opposition and asked for a postponement of the case. We agreed, on the condition that our clients would no longer be fined and that all homeless would no longer be harassed.”
Lewin said that after the first letter was sent, their first client, Carin Gelderbom, a homeless woman from near the Cape Town CBD, was approached and threatened by a man who said that there would be consequences for her acting as the “gang leader” against the City fining the homeless.
“She was not allowed to sell her beads anymore and that brought in the only money she had.”
The City came under fire in July for enforcing a by-law that led to homeless people being fined for sleeping in public places.
“We encouraged our clients to send their fines and got about 16, Dingley Marshall unfortunately were not able to track them all down,” said Ian Veary, a social worker at The Hope Exchange.