Cape Town – The City has been slated for fining homeless people for sleeping and camping in public spaces, with caregivers, trade unions and the ANC calling for kinder solutions.
During the first three months of this year the City metro police’s displaced persons unit received 3 051 complaints from the public about “anti-social behaviour” by people living on the street.
In response the unit issued 199 fines to the homeless for contravening a by-law, which, among others, makes it unlawful to “obstruct pedestrian traffic on sidewalks”.
The City did not answer questions as to how the homeless were expected to pay the fines, which range from R300 for obstructing pedestrians on the pavement with any object or motor vehicle; R300 for sleeping in a stationary motor vehicle in a public place; and R1500 for making a fire in a public place.
Questions relating to the prosecution of a homeless person for not paying a fine also went unanswered.
Speaking at a media briefing in Johannesburg yesterday, EFF leader Julius Malema said the DA-run City’s attitude towards its homeless was “inherently racist”, and the by-law was effectively unenforceable.
“We are not shocked by the DA’s statement about homeless people on the pavements; the majority of them are black people and the DA has never had the interests of black people at heart. Even if you fined them, they can’t afford to pay. If they don’t pay, what else are you going to do? You can’t take property from them; they don’t have a home, they don’t have an income - they don’t have anything,” said Malema.
Mayco member for safety and security JP Smith said when the by-law was drafted it had been compared to legislation in other municipalities.
Smith said the City had offered the homeless job opportunities, which “many had turned down”. The City did not answer questions relating to this too.
“The issuing of fines in relation to this specific by-law is not new, either. The City is in the unenviable position of trying to balance the rights of street people with the rights of the general population. Homelessness is a global phenomenon that very few countries have managed to adequately address. Add to that the fact that it is a hugely emotive and complex issue, one can start appreciating the difficult task this administration faces,” said Smith.
Riedaa Benjamin, 31, has been living on the streets of Cape Town for almost three years, and said he had not heard of the by-law before being informed of it by the Cape Times.
“We have heard of people being fined hundreds of rands for begging, but giving us a fine for sleeping on the streets is harsh. There are not enough spaces at shelters and while there are job programmes, we are too many to all be helped at once,” said Benjamin.
Faakir Abrahams, 26, said he had been living on the street since he was 16, after running away from his home in Paarl.
Abrahams said some shelters asked R30 for providing a bed, meal and shower, which many homeless could only raise by begging.
ANC Western Cape secretary Faiez Jacobs said the opposition was appalled by the City taking the stance of “punishing the poor”.
“We have received numerous messages of this on our social media, the homeless being fined by the City for begging and sleeping on the streets. The ANC is the minority in council and can therefore not change the by-laws, but we appeal to the DA to rather quantify the problem and seek comprehensive solutions,” said Jacobs.
The Western Cape branch of the trade union federation Cosatu said it would monitor the situation closely, and it would be discussed at its next provincial executive committee meeting.
“We condemn this attack on the homeless people in the strongest possible terms and demand that the City of Cape Town withdraw their draconian by-laws.
"We can’t allow the City to bully vulnerable people who don’t have the means to defend themselves against this onslaught,” provincial secretary Malvern de Bruyn said.
DA provincial leader Bonginkosi Madikizela said yesterday the by-law regarding building structures and sleeping in undesignated areas "is a by-law that applies to everyone in Cape Town and is enforced to safeguard all the city's citizens".
Madikizela accused the ANC of being opportunistic. “The ANC should rather participate in finding solutions to a problem that will continue to grow if not addressed immediately,” he said.
The founder of soup kitchen Ladles of Love, Danny Diliberto, said the by-law was nonsensical as homelessness was a part of society. The volunteer-run soup kitchen feeds the homeless with a warm meal in St George’s Mall every Tuesday.
“The City’s Safespace is a great initiative but it only has about 250 beds, and its public work project is only for three-month contracts. Going the route of fines will create desperation, and that could lead to crime,” Diliberto said.
U-turn Homeless Ministries, which gives people skills and work opportunities to overcome homelessness, had noted a 60% increase in homelessness over the past four-and-a-half years, the ministries’ Lise van den Dool said.