Cape Town - City officials said they would challenge the contempt of court application filed against them by seven homeless people. The homeless allege that the City has continued to fine them, despite agreeing to cease doing so.
If the City is found to be in contempt of court, mayor Dan Plato, mayco member for safety and security JP Smith, and the City’s executive director for safety and security, Richard Bosman, could be sentenced with suspended jail time, said Lucien Lewin, a director at Dingley Marshall Inc, the law firm representing the seven homeless people.
“We’ve asked for a suspended sentence, so if the court grants the order, they will not go to jail, but if they violate the court order again, they could receive jail sentences of 30 days,” Lewin said.
“The City will oppose the motion, as the allegations are false. On Friday, the mayor of Cape Town received a petition, with hundreds of signatures from residents, employees and businesses, asking for the City to continue its enforcement actions,” Smith said.
Dingley Marshall Inc sought an interdict against the City earlier this month, for enforcing a by-law that led to the homeless being fined for sleeping in public spaces, with the hearing suspended until December 3.
“Pending the hearing in December, city officials agreed that they would no longer enforce or prosecute fines and summonses in relation to the by-law relating to streets, public places and the prevention of noise nuisances of 2007, and the integrated waste management by-law of 2009, or remove the possessions of any homeless persons,” said Lewin.
Copies of the grant were handed to homeless shelters and street
people.
Lewin said that, a few days after the order was granted, he received complaints that, despite producing the letter, they still had their possessions seized.
Acting executive director for safety and security, Wayne le Roux said the city noted the application and were looking into it.
@TheCapeArgus