Affluent Atlantic Seaboard residents back City in fight against homeless

Wealthy residents from Sea Point and the Atlantic Seaboard have backed the City in its legal fight against seven homeless people. FILE PHOTO/ANA

Wealthy residents from Sea Point and the Atlantic Seaboard have backed the City in its legal fight against seven homeless people. FILE PHOTO/ANA

Published Nov 12, 2019

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Cape Town - Wealthy residents from Sea Point and the Atlantic Seaboard have thrown their weight behind the City’s court fight with seven homeless people who are seeking a final interdict to prevent the City from enforcing a by-law that fines the homeless for sleeping rough on pavements and in the doorways of businesses.

Community Chest, various NGOs and the SA Human Rights Commission (SAHRC) are supporting the seven homeless people.

It has now emerged that both the Sea Point and the Atlantic Seaboard residents have managed to raise funds to join the case. An application has been brought to enter as friends of the court in the battle with the seven street people.

Tanya Nöckler, a representative for neighbourhood watch group the Gardens Watch, has been rallying support for residents to stand by the City.

She has claimed there has been a misrepresentation of the issue.

“We are sitting with a situation that the makes the City look like its heartless but there are many initiatives and projects for people living on the street and what we are saying is that we support the City and we support what they do,” she said.

Nöckler said that the area had been plagued by people living on the street.

“This is a human rights issue but some people living on the street are involved in anti-social and criminal activity and the community organisations we represent urge people to give responsibly and to registered NGOs which assist people who want help to get off the streets instead of to beggars directly.

"A hand-up to give people dignity, and not a hand out, to keep them on the streets,” Nöckler said. The admission as friends of the court was filed on Friday.

Gary Trappler, who is representing residents of the Sea Point and the Atlantic Seaboard, told the Cape Argus he was confident that the seven homeless people would not be granted a final interdict that they have sought against the City for fining them for sleeping on pavements. The case will be in the Western Cape High Court next month.

“My clients feel that the granting of a final order could lead to a situation of chronic and irreversible settlements and ‘homelessness’ on the Atlantic Sea Board and City Bowl.

"I place the aforesaid in parenthesis because, in many instances, homelessness is a choice of lifestyle rather than a reality. Homelessness is often associated with crime and residents and ratepayers are entitled to protection in terms of the Constitution to live in peace and security,” he said.

Trappler said he represented about 20000 ratepayers and 2000 businesses.

Community Chest will be hosting a fact-finding meeting with different civil society organisations on Thursday on the issue. “Thursday’s meeting will aim to facilitate conversation between different coalitions of NGOs to try to discuss a way forward after these ratepayers have filed court papers and raised funds in support of the City,” said Desiré Goliath, Community Chest spokesperson.

According to Hannes van der Merwe, executive at the Street People’s Forum, the residents along the Atlantic Seaboard do have the right to protect their community.

“They do have some valid points in wanting to protect their property and communities and their concerns should not be brushed aside. But fining street people is not a solution and will only worsen the issue as these people will be sitting with criminal records,” he said.

Lucien Lewin, director at the law firm Dingley Marshall representing the seven homeless, said that while he acknowledged receipt of the court papers from the Atlantic Seaboard residents, he was unable to comment yet.

Mayco Member for safety and security JP Smith said: “I cannot comment as we didn't invite the Atlantic Seaboard Ratepayers Association to join the matter. This they did of their own accord.”

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