Unlawful Occupation by-law draws the wrath of community activists

The City council approved the Unlawful Occupation by-law during the special council meeting held on Wednesday. Picture: Nomalanga Tshuma

The City council approved the Unlawful Occupation by-law during the special council meeting held on Wednesday. Picture: Nomalanga Tshuma

Published Oct 1, 2021

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Cape Town - Local community activists and frustrated residents say they will keep on fighting against the City’s attempt to criminalise homelessness and further victimise the less fortunate.

This after the City council approved the Unlawful Occupation by-law during the special council meeting held on Wednesday.

Speaking on the council’s approval of the Unlawful Occupation by-law along with two other by-laws, mayor Dan Plato said that council’s approval of the by-laws followed the mayoral committee’s green light and the unanimous support of the Safety and Security Portfolio Committee earlier this month.

“These crucial by-laws will help us to protect land and buildings from unlawful occupation. We are a caring city seeking to uphold the rule of law. That is why once gazetted, it will officially be law in Cape Town that an offer of social assistance is made first, including shelter, to ensure the constitutional enforcement of the prohibition on sleeping in public places.

“The City has a constitutional obligation to make sure that our public open spaces and our city remain sustainable, that there is equality before the law, and that while we are offering assistance to help people off the streets, our by-laws are being applied equally to all residents at the same time,” said Plato.

The City’s Mayco member for human settlements, Malusi Booi, said: “The City will always act to protect municipal land from unlawful occupation attempts and to prevent the hazards and hardships that come with occupying unsafe land.

“With this by-law, we are also laying the foundation for enhanced informal settlement upgrading, through closer management of settlement growth and protection of upgrade plans.

“In this way, we will improve living conditions for more people and protect land for future generations and community needs. We now have a new Human Settlements Strategy, Unlawful Occupation Framework and related by-law that are all aligned for the greater good.”

In August, several civil society organisations collectively wrote to the City citing their disappointment in the City for drafting the Unlawful Occupation By-law.

Community activist Nkosikhona Swaartbooi said: “It’s truly disappointing that City Council approved the by-law, and that the majority of the political parties went along with it. Only three political parties were against the passing of that by-law – the ANC, EFF and Cope.”

On Wednesday morning, residents from different local communities across Cape Town staged a demonstration outside the Cape Town Civic Centre, during the Special Council meeting in protest against the drafting of the Unlawful Occupation by-law.