Protesters condemned a new by-law by the City of Cape Town, claiming that it will criminalise people without formal houses. Photo: Liezl Human
- The City of Cape Town passed two by-laws (a new one and an amended one) on Wednesday that deal with unlawful occupations and people living on streets.
- Housing activists protested outside the Civic Centre against the Unlawful Occupations By-law, claiming that it criminalises homeless people and was inconsistent with legislation governing unlawful evictions.
- But the City defended the by-law, apparently with the support of many residents.
Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks.
An amended Streets, Public Places and Prevention of Noise Nuisances By-law was also voted on and passed. This by-law provides for compliance notices to be issued to people sleeping in public places. The by-law states that they must be offered alternative shelter, and that they are committing an offence if a reasonable offer for shelter is refused.
On Wednesday, over 50 people from housing activist groups Reclaim the City, Ndifuna Ukwazi and the Housing Assembly protested outside the Cape Town Civic Centre. Their intention was to put pressure on the City Council while it voted on the Unlawful Occupations By-law. The by-law was passed during the protest.
This by-law “specifies the conditions under which a structure can be dismantled to protect land from illegal occupation”. Under the by-law, City officials would be able to dismantle the structure and impound the occupier’s possessions if it is on land under the City’s control or if the structure is “not yet capable of constituting a home” on any other land. Those convicted under an offence of the by-law could face fines or imprisonment.
Karen Hendricks from Reclaim the City questioned whether the by-law was constitutional and said it contradicted the PIE Act (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act) which prevents unlawful evictions and describes the procedures for evicting unlawful occupiers.
In a statement on Wednesday, the City said the by-law would address “large gaps” in the PIE Act. The objectives of the by-law are to “prevent the unlawful occupation of land and buildings” and to “monitor, control, and regulate the growth of informal settlements within the city”, the statement said.
“The by-law explicitly sets out existing powers of law enforcement to protect land and buildings from unlawful occupation, but does not grant new powers nor sanctions, other than what already exists in law,” the statement said. The by-law “supports the City’s discretion to act on behalf of private landowners and other entities when unlawful land occupation attempts occur”.
Hendricks said that the by-law would displace landless people and people living in informal settlements and occupations in Cape Town. “The by-law essentially gives the City of Cape Town’s officials the power to constitute what a home is,” she said.
She said that Cape Town is facing a deepening housing crisis and the by-law was an injustice that will “displace even more people”.
After the by-law was passed, Buhle Booi from Ndifuna Ukwazi, addressing the crowd, said that it would criminalise those living in shacks. “If my home is a shack then it is not a home enough,” he said.
Sibusiso Xabangela from the Housing Assembly said that it is wrong that under the by-law “a city official will determine if a structure is worth being called your home”. He said that people often had no choice but to occupy land. He said land occupations are caused by overcrowding in homes, unaffordable rent, the pressure of Covid-19, and job losses.
“The City is trying to find loopholes on how they can demolish our houses,” said Xabangela.
But there is also support for the by-law. One message in circulation on neighbourhood WhatsApp groups reads: “It is crucial that affected communities being overrun by illegal land occupations and those experiencing the negative effects of homeless people setting up camps on verges, sidewalks, public spaces and parks support the passing of these two by-laws which aim to reverse area investment killing decay.”
The message calls for people to ask their local ward councillors to support the two by-laws by voting in favour of them in Council. “Give them the encouragement to boldly vote for your rights to a safe and clean environment where law and order is restored equally for all.”
Prasa set to spend R3 billion to restore Cape Town’s central line
Over the years, Cape Town’s railway lines have been riddled with cable theft and infrastructure problems, particularly the central line. However, this is all about to change according to the Passenger Rail Agency of South Africa (Prasa).
The Central Line, one of Metrorail’s busiest, which provides affordable transport to the Cape Flats, has been inoperable since November 2019. According to EWN, Prasa is set to introduce a service recovery programme that is directed at fixing the infrastructure and rehabilitation of the power supply network.
During a briefing on Tuesday, June 22, with the Western Cape’s provincial standing committee on Transport and Public Works, the rail agency indicated that their primary objective was to re-establish train services between Langa and Chris Hani stations, the Langa and Kapteinsklip stations and from Bonteheuwel to Bellville, as reported by EWN.
Approximately R790 million has been allocated for station repairs and upgrades over the next three years, while a further cost of R2.1 billion will be used to appoint contractors to build a four-metre wall along the central line, as per Times Live.
However, the start of the project has been hindered by the 8000 people who have made homes for themselves in and around the central line.
City lambasted for pushing through controversial by-law targeting the ’homeless’
The Democratic Alliance in the City of Cape Town council pushed through the controversial amendment to the street by-law which would see its officers taking measures against homeless people.
The move has been described as "disgusting, regressive and taking the city back to apartheid".
In its last sitting before the November municipal elections, the council adopted the Draft Amendment to the Streets, Public Places and the Prevention of Noise Nuisances of 2021, despite objections by civil society and faith-based organisations.
The by-law empowers authorised city law enforcement officers to:
* Remove any obstruction to the safe or free passage of a pedestrian or motor vehicle;
* Order people living on the street to leave and remain out of a specified public place;
* Arrest people living on the street who refuse to accept an offer of alternative shelter;
and impound their belongings including materials that they use to make structures or for camping overnight.
Only the ANC and Economic Freedom Fighters (EFF) registered their opposition to the amended by-law.
The SA Human Rights Commission criticised the decision and called for it to be tested in court against the Constitution.
Commissioner Chris Nissen said: “Any law or regulation that goes against the grain of the Constitution needs be tested in court. We cannot have laws or by-laws that make people feel less human”.
He called on the City to find “sustainable developmental” solutions to deal with homelessness.
Ndifuna Ukwazi (NU), a law centre fighting for spatial justice, described today's council decision as a "disgrace".
Jonty Cogger, an attorney at NU, said: "This is a sad day for democracy . It's a disgrace that a municipality would use an obscure piece of legislation to criminalise poverty".
Cogger said the amended by-law was reminiscent of "apartheid tactics" and was aimed at "cleansing the streets of unwanted people".
Cogger said the by-law would be challenged in court in the case of Gelderbloem and 10 Others vs City of Cape Town.
The case brought by 11 street people challenged the constitutionality of the Street by-law and the Integrated Waste Management By-law 2009 which allowed for the issuing of fines for non-compliance.
Ndifuna Ukwazi said homeless people were randomly stopped, or chased away by law enforcement, private security or members of the public because their presence in public places was regarded as a "criminal nuisance".
The ANC called for every councillor in support of the by-law to be "criminally charged".
ANC councillor Fiona Abrahams also described the amended by-law as an "attack on human rights".
"It infringes on the Constitutional rights of the homeless people", added Abrahams. GOOD Secretary General Brett Herron said the amendments also failed to honour a commitment made by the DA in 2019, to exempt the Athaan and ringing of church bells from the definition of "noise nuisance".
The commitment followed a public outcry over the City acting against a 100-year-old Mosque in District Six.
“The City's failure to honour its commitment to exempt the Muslim Call to Prayer and church bells from the definition of noise nuisance is tone-deaf and disgraceful," said Herron.
Reclaim The City also condemned the approval of the by-law as well as the Unlawful Occupation by-law.
“The passing of these by-laws has devastating implications for thousands of disadvantaged Capetonians . This would be no different from the forced removals we have seen in the history of the country,” said Reclaim The City.
Asked whether the City had any alternative "option" in dealing with the homeless people, Mayco member for Safety, JP Smith said they would be given an offer of "alternative accommodation, such as the Safe Space " and if this was declined "further steps" would be taken.
However, Herron said the by-law did not say where the homeless should go.
A recent study by a faith based organisation that deals with homeless people showed that they were more than 14 000 street based people and only a few spaces available in night shelters.
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