Cape Town - A furore has erupted over the city council’s implementation of a by-law that leads to homeless people being fined for sleeping on pavements or erecting illegal structures, with the SA Human Rights Commission (SAHRC) saying they are launching an investigation.
SAHRC commissioner Chris Nissen said his team would look into whether the by-laws infringed upon the human rights of the homeless.
“In the last two weeks, I have received reports of law enforcement removing the belongings of these destitute people - not only in the CBD, but other parts of Cape Town - and loading them on to a huge truck.
“Often these are the only possessions they have in the world,” he said.
Nissen said he was also informed by a homeless man about fines of more than R500 being issued to those found sleeping on pavements and in other public places.
“You cannot wish homeless people away; the City needs to find new management strategies and policies in order to deal with these people in a more humane way,” Nissen said.
Mayoral committee member for safety and security JP Smith said the by-law relating to streets, public places and prevention of noise nuisances has been around since 2007 and does not specifically target the homeless.
“This by-law is not new and arrests are not made for by-law infringements.
“Any person who is found to be in transgression of a City by-law is liable to a fine,” he said.
This law also prevents people from camping overnight in an undesignated area, unpacking and leaving any goods in a public place and obstructing either pedestrian traffic or traffic on a pavement. “Any person who does not pay a fine, has to appear before a municipal court in the relevant district,” said Smith.
Hassan Khan, chief executive of the Haven Night Shelter, said he believed that homeless people should not be setting up camps on pavements because there are shelters in the city that are able to accommodate them.
“They are aware of the different shelters in the city; at the Haven, we always have space, even if we have to set up mattresses, we make space.”
But Peter Solomon, head of the Hope Exchange shelter said he was shocked at how these people were being further displaced.
“I think it’s totally unacceptable that they should be fined, more should be done to assist these people,” he said.
Ronald Morris, 37, from Manenberg, who has been on the streets for 15 years, said he was not aware of the by-law and has not received any fine yet.
“I don’t understand how we as the homeless can be fined when we don’t even have money to buy a loaf of bread,” he said.
Waleed September, 37, who sleeps in front of a church in the Gardens said: “There are actually many decent people living on the streets. I haven’t been fined yet and don’t know what I will do if that happens,” he said.
The ANC said that they were appalled at the city council’s treatment of the homeless. “We believe that residents have been complaining about the breaking of by-laws, but by-laws relating to streets, public places and the prevention of noise nuisances cannot be more important than human beings,” said ANC Western Cape secretary Faiez Jacobs.
Cosatu has called for the city council to provide accommodation, shelter and food for homeless and vulnerable people.
In response, the city council said it had programmes to assist the homeless and it cared for all its residents.
“The city (council’s) street people unit does outreach work on a daily basis, where various offers of assistance are made to street people. These offers are voluntary and unfortunately many street people decline,” said mayco member for community services and health Zahid Badroodien.
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