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The City of Cape Town has called for public comment on the proposed amendments to by-laws relating to Streets, Public Places, and the Prevention of Noise Nuisances, which has been in existence since 2007.

Per News24, the proposed amendments include the removal of any obstruction, and arrest of a person who commits an offence in terms of the by-law.

The power to arrest someone may only be exercised in respect of a contravention of section 2(3)(m) if the person has refused to accept an offer of alternative shelter.

The by-laws include the following prohibitions in public places, via BusinessTech:

• Blocking the safe passage of residents or motor vehicles;
• Making physical contact without consent;
• Use of abusive language or threatening actions;
• Approaching or following a person in a way that causes fear of imminent harm, or intimidates;
• Continuing to follow or beg from a person after a negative response;
• Urinating or defecating except in a toilet;
• Spitting;
• Bathing except in instances where this is permitted;
• Performing a sexual act or exposing oneself;
• Consuming liquor or drugs, or being drunk or under the influence thereof;
• Solicitation for prostitution;
• Gambling;
• Starting or keeping a fire;
• Sleeping or camping overnight or erecting any shelter, except where designated or with permission.

Safety and Security Portfolio Committee chairperson Mzwakhe Nqavashe says that the clauses in the by-laws are there to ensure that the public can use open spaces, “available for all to use and not to be reserved by people,” adding that “the same legislation applies in other municipalities as well.”

The City said that the by-law amendments are expected to:

“…streamline procedures underpinning the effective resolution of complaints, and to mitigate risks to the city, individuals and landowners by ensuring necessary and ongoing enforcement actions are supported by legislation.”

The City said that they also responded to 1 107 complaints from residents related to people living on the street.

Of the 430 000 people living in Cape Town, it is estimated that the city has between 8 000 and 14 000 homeless people.

There is an acute shortage of affordable housing and dangerous or unlivable conditions in many of Cape Town’s shelters (especially for women), which means that the homeless have little choice but to sleep rough.

Not to mention how the economic fallout from COVID-19 has seen levels of homelessness rise exponentially in the city.

Ratepayers’ organisations and other civic groups are worried that getting rid of the by-laws would see more homeless people on the street, which would devalue their properties and lead to a “spike in crime”, a source told VICE.

But homeless and housing activists are criticising the city’s handling of the homeless crisis, saying that the by-laws will only criminalise homelessness and make the matter much worse.

Ndifuna Ukwzi, a non-profit organisation, is representing 11 homeless applicants who are taking the City to court to challenge the constitutionality and discriminatory impact of two of its municipal by-laws.

Jonty Cogger, an attorney for Ndifuna Ukwzi, said that it was a “huge regression” when last month the City started allowing police to arrest homeless people for refusing to move out of an area:

“I am just flabbergasted that they would do this in response to a constitutional challenge,” he said.

“It is an increase of the police state in reaction to people upholding and exercising their human rights. I can’t believe this is happening.” (VICE)

Jon Hopkins, the Chief Operating Officer of U-Turn Homeless Ministries, a homeless organisation in Cape Town, said the by-laws will not solve the problem of homelessness:

“We need to change the way we approach homelessness. We need to stop taking a reactive or punitive response. Instead, a planned, developmental, long term rehabilitative approach is needed that treats each person living on the street as a human being, finds out why they are in the situation they are in, and provides the right support at the right time.”

VICE comments on how each year, the City of Cape Town spends far more than double on law enforcement and punitive measures against the homeless than it does on social development programmes.

One applicant challenging the City, Carin Rhoode Gelderbloem, said the amendments wouldn’t work because there are simply not enough shelter beds in Cape Town for someone to comply with the by-law:

“What does the City of Cape Town expect will happen when all street people have a criminal record or are in jail?

How will this resolve the complexities of homelessness in Cape Town?

This by-law amendment has been introduced to serve the rich.” (News24)

The proposed amendments are open for public comment until the end of June.

[source:sbusinesstech&vice&news24]