[imagesource: Kaylynne Bantom/People’s Post]
The Western Cape high court order for the provision of alternative accommodation to more than 100 people soon to be evicted from public spaces in Cape Town’s inner city is welcomed by the Socio-Economic Rights Institute (Seri).
Seri, who represents the homeless group, agreed from the beginning that their occupation of sites around the inner city was unlawful but was concerned with “the provision of alternative accommodation and its adequacy”.
The judgment was finally handed down on 18 June, with the high court ordering the eviction of the group, but assuring that they should be provided with alternative accommodation at one of the City of Cape Town’s shelters, Safe Space 1 in Culemborg, per Mail&Guardian.
Seri’s senior attorney, Nkosinathi Sithole, said in a statement; “We welcome the judgment because no one in South Africa should be in a situation where their rights go undefended and their voices unheard”.
Cape Town Mayor Geordin Hill-Lewis also welcomed the judgment.
📢 IMPORTANT UPDATE on homelessness:
After a long wait, the Western Cape High Court has granted the eviction order the @CityofCT sought for various tented camps in the CBD. This is an opportunity to extend care to those who need it and help the homeless on the path to… pic.twitter.com/BLh9HuMBjy
— Geordin Hill-Lewis (@geordinhl) June 19, 2024
Seri noted that because the homeless folk were involved in the litigation, they could discuss their concerns with the city, which resulted in key concessions, the first being the offering of alternative accommodation.
“They live next to busy roads in tents or structures constructed of plastic sheets and cardboard. They are compelled to live their lives in public, with little or no privacy. They struggle for food, shelter and warmth,” acting Judge Michael Bishop said in his ruling.
The city also agreed to a second concession, to amend the shelter rules to make them more humane and compliant with the Constitution.
This means partners will not be separated into gender‑segregated accommodation, but instead be allowed to live together; shelter residents will not be locked out of the accommodation during the day; and people will not be limited to living for only six months in the safe spaces if they do not have alternative accommodation.
Seri said they look forward to what the rehabilitation programme promises their clients, including job opportunities, and health and social support for drug and alcohol abuse.
The eviction will become effective from 31 July, and although Seri commended the judgment, it said the court verdict dismissed other homeless people in Cape Town who are subject to eviction without the procedural protections provided by the Constitution.
There are an estimated 14,000 homeless people in the greater Cape Town area, according to a census by the Western Cape government, who mainly occupy areas along Buitengracht Street, FW de Klerk Boulevard, Foregate Square, Helen Suzman Boulevard, Strand Street, Foreshore/N1, Virginia Avenue and Mill Street Bridge in the city centre.
[source:m&g]
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