[imagesource: Luke Daniel/The South African]

The City of Cape Town has been known to try and push through some strange new laws and by-laws in the past.

The attempt to ban swearing on Cape Town beaches comes to mind.

Thankfully, these things take a long time to come into effect because there are procedures to follow and boxes to tick before something becomes law.

The general public also gets a chance to comment on proposed amendments, laws, and by-laws.

The latest change to a by-law open for public comment is the amendment proposed by the City of Cape Town to its streets, public places, and prevention of noise nuisances by-law.

The by-law currently prohibits offences such as begging, using abusive or threatening language, being drunk or on drugs in public, causing a disturbance both publicly or from your residence (noise complaints etc.), door to door collections, and similar offences.

Here’s BusinessTech with the proposed changes, specifically to section 22 of the by-law, which guides how the city responds to transgressions and recovery of costs.

• Instruction to leave the area – An authorised official may instruct a person who is in contravention of the by-law to leave and remain out of an area where a contravention has taken place;
• Inspections – An authorised official may enter or inspect any premises or business where there are reasonable grounds for believing that a provision of this by-law has been contravened, or where there has been an allegation that a provision of this by-law has been contravened;
• Search and seizure – Without a warrant, an officer may stop, enter and search any vessel, vehicle, premises or person for a prima facie (at face value) offence in terms of this by-law occurring;
• Impounding – An officer may, without a warrant, seize and impound any property, including but not limited to, an item, goods, equipment, vessel or a vehicle which is concerned or is on reasonable grounds believed to be concerned with the commission of an offence in terms of this by-law. The city may sell, donate or dispose of the impounded item if it is forfeited by the court a person does not claim the item.

The idea, says the City, is to ensure “a more effective resolution of complaints”, by handing law enforcement “amended powers”.

They were handed more power when the state of disaster was announced, and there have been a number of incidents where that power has allegedly been abused.

If you’d like to comment on the proposed amendments you can read them in full here (scroll to the bottom of the page).

Comments, input, or recommendations may be submitted by:

• Email to lawenforcement@capetown.gov.za
• Written submission to Leon Wentzel, Law Enforcement Department, Omniforum Building, 94 Van Riebeeck Street, Kuilsriver 7580
• Online at www.capetown.gov.za/haveyoursay

You have until May 17, 2020, to have your say.

[source:businesstech]