'Not business as usual' as court battle between City of Cape Town and homeless begin

The interim interdict granted against the City to refrain from issuing fines against homeless people has been extended pending further discussions between the opposing parties. Picture: Marvin Charles/Cape Argus

The interim interdict granted against the City to refrain from issuing fines against homeless people has been extended pending further discussions between the opposing parties. Picture: Marvin Charles/Cape Argus

Published Dec 13, 2019

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Cape Town - The interim interdict granted against the City to refrain from issuing fines against homeless people has been extended pending further discussions between the opposing parties in a bid to find an amicable solution.

The interdict was brought by seven homeless people who were fined by the City for sleeping rough.

Judge Bernard Martin started court proceedings by telling the court that it “won’t be business as usual”.

“I regard it as necessary to lay down some ground rules. The starting point of this is that the Constitutional Court has determined is that when the court is seized with a matter that concerns social economic rights then it is not business as usual. The constitutional principle is that everyone has access to adequate housing, but the point I wish to emphasise is that the access to housing is one of the most litigated constitutional principles that everyone has access to housing,” Judge Martin said.

He said that a decision will be made in the spirit of ubuntu. Initially, the lawyers representing the seven homeless people were hoping to have the interdict made permanent until the City’s by-law was revised.

Advocate Nick De Jager said: The main event is the review of the by-law which we seek and which we prosecute as a matter of urgency.” He reminded that the application was launched in August as an urgent interdict.

Residents of Sea Point and the Atlantic Seaboard also joined the City as friends of the court to prevent the interim interdict from being made final.

Advocate John de Waal who represented the residents said: “The by-law that is the subject was passed in favour of people. What they (residents of Sea Point) are saying is that the conduct of the applicants undermines their entitlement of using these public facilities. "

During court proceedings lawyers for the various parties came to an agreement, they outlined a proposed order to the court which included the respondents (the City) refrain and desist from taking any further steps pursuant to compliance notices and all applicants should institute review proceedings no later than February of next year.

However, Judge Martin shut down their agreement pending the outcome of the review proceedings.

@MarvinCharles17

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