De-criminalise drug use and stop sending people to jail for petty crimes - Part 1

I challenge anyone to find themselves sleeping rough on the streets of Cape Town and not succumb to an addiction, writes Carlos Mesquita. Photographer: Armand Hough/African News Agency(ANA)

I challenge anyone to find themselves sleeping rough on the streets of Cape Town and not succumb to an addiction, writes Carlos Mesquita. Photographer: Armand Hough/African News Agency(ANA)

Published Mar 10, 2021

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by Carlos Mesquita

This week, Vivien Pluddemann-Hobbs, a social worker who is also a friend of mine, posted the following on Facebook (shortened and adapted with permission):

“A few weeks ago, someone I’ve interacted with and who is trying to exit homelessness was arrested and put in prison for picking flowers illegally. He came out a couple of days ago looking extremely unwell. For some time, he was off heroin and on methadone. Now it feels like we’ve lost him. He now has a criminal record. He won’t be able to study social work (as he had planned). Getting access to his kids will be that much more difficult. A potential future landlord is no longer interested, and job opportunities all dried up... All for picking F*****G FLOWERS!

“Yes, he’s a drug (mis)user. Yes, he sold those flowers so that he could spike heroin into his arm.

“Drug (mis)users are not bad people. They are sick and traumatised and SURVIVORS in need of SUPPORT not punishment. Drug (mis)using is a disease with viable treatment options; it is not a moral failure. Therefore, treating it as a criminal justice issue makes no sense.

“We REALLY need to decriminalise ALL substance using. And we REALLY need to stop sending people to prison for petty crimes and come up with better options.”

This post had me in emotional turmoil. It also forced me to ACT!

It is time for us to adopt and stand firm on a campaign called “Homes Not Handcuffs” that is run in a number of countries and will be launched in Cape Town by the soon-to-be-announced Homeless Action Coalition - Cape Town.

I came out of five years of homelessness almost a year ago, and even I have shied away from having to face and endure the judgement and negative stigma that will follow my revelation that I effectively became a drug addict and a criminal when I was homeless.

I am aware of the prejudices. I know that vocalising my entire homeless experience will possibly result in a reduced platform to assist those still in homelessness, and I will avoid that at all costs.

But enough is ENOUGH!

During my first year of sleeping rough on the streets of Cape Town, my arrest record went from 0 to 17. In my second year, it was 36, and by the time I became rehomed, I had amassed 52 arrests - all for minor infringements: “trespassing” (sleeping in a vacant lot), “suspicion of being in possession of stolen goods” (items given to me for my stall, a three-wheeled trolley dumped by Pick n Pay) and “possession of drugs” (in my 52 years, my first arrest and prison sentence for being in possession of drugs came at the age of 49 for a R20 packet of crystal meth).

I challenge anyone to find themselves sleeping rough on the streets of Cape Town and not succumb to an addiction, be it for stamina to get you through to the next day or as a coping mechanism for the issues you are dealing with and the nightmare you are living.

Christmas Eve 2019, Riebeek Park. I was waiting for a friend who was to help me at my Xmas stall. SANParks rangers (whom I knew well - they collected their “rent” from me every two weeks for letting me sleep on the mountain) arrived accompanied by a group of young firefighting volunteers.

The rangers showed off by throwing out the contents of my two canvass bags.

My friend arrived. His bag, without so much as a word, also had its contents thrown out.

On the ground lay two R20 packets of crystal meth (tik).

They assaulted us. If you look carefully today, you will see I sport a crushed left upper jaw.

We had to pick up and carry black bags containing our belongings in our mouths like dogs. I could hardly open my mouth from the assault.

I ended up in Pollsmoor for three months! The rangers went on to attack a famous cyclist on the mountain and that got them suspended! The cyclist made the front page, while we served time!

Part Two continues next week...

* Carlos Mesquita and a handful of others formed HAC (the Homeless Action Committee) that lobbies for the rights of the homeless. He also manages Our House in Oranjezicht, which is powered by the Community Chest.

** The views expressed here are not necessarily those of Independent Media.

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