Cape Town – The SA Human Rights Commission (SAHRC), accompanied by the ANC, yesterday visited homeless people living in the CBD as outrage continued to grow over the City fining them for sleeping on the street.
The City has issued 199 fines to the homeless for contravening a by-law, which, among other things, makes it unlawful to “obstruct pedestrian traffic on sidewalks”.
Provincial SAHRC commissioner Chris Nissen yesterday called for an urgent meeting with Cape Town mayor Dan Plato to discuss the by-law that meant homeless people could be fined for sleeping on the pavement.
Approached to comment on whether he would meet with the commission, Plato said: “I have engaged Mr Nissen on this matter, and through our discussions I emphasised that there are a portion of street people who simply refuse the assistance we offer through the safe space facilities and its programmes.
“Engagements will continue.”
During the meeting with the homeless yesterday, Nissen said he had met with City officials in the past and had raised concerns over their implementation of the City’s by-laws.
“I understand that the City is using a by-law on noise pollution and anti-littering to remove homeless people and fine them.
‘‘I have continued to ask for a proper policy that does not violate the dignity of homeless people. I have now called for a meeting with the mayor to discuss the City’s by-laws and fining the homeless community,” Nissen said.
ANC provincial secretary Faiez Jacobs lauded the SAHRC for intervening in what he called a “crisis for Cape Town’s homeless people”.
The Mayco member for safety and security, JP Smith, yesterday said that once a fine had been issued it was up to the court to decide what to do next.
“An admission of guilt amount is attached to the fine, as well as a date to appear in court if they wish to challenge the fine.
‘‘If the fine is not paid and the person doesn’t appear in court on the stipulated date, then a warrant will be issued to secure their presence in court.
‘‘The magistrate and prosecutor then process each case further,” Smith said.