Hefty fines for homeless people for obstructing pavements in Cape Town

The Free Radical

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When they write out the fine...do they ask for an address?
Official policies have changed at the magistrates courts in recent times. If a person has no fixed address, the location (either a description of the generality where they committed the offense, or GPS coordinates) will suffice in terms of due process.

Officers issue the fines and take a photo of the person holding up the fine, and the area. This face pic and fine (showing fine number) in one photo are all the evidence required to meet the court's requirement to establish who was fined, and where.

Fines are only issued after exhaustive attempts to warn bylaw offenders with multiple official compliance notices. Lots of fair and reasonable warning is given in advance of issuing fines. Fines are a last resort.

This very important fact is not mentioned in the original GroundUp article, because of their publication's ultra left SJW narrative and apparent lack of rudimentary fact-checking.
 
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The Free Radical

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Malema: DA decision to fine homeless people shows they're anti-black

The Economic Freedom Fighters (EFF) said they would be not be voting with the Democratic Alliance (DA) following reports of homeless people who were fined for occupying pavements in Cape Town.
What a crock of dung.

SAPS (under ANC-led National Government) spent a good part of a week forcibly turfing out vagrants in the CBD and along the main corridors to Parliament in the run-up to SONA so that the likes of the ANC and EFF ministers and dignitaries did not have to lay eyes on the poor victims of their abysmal up-liftment anti-investment policies.

Many were tossed into police vans and forcibly removed to who knows where. SAPS did this, not the City's Law Enforcement!

Source: https://ewn.co.za/2019/07/02/malema-da-decision-to-fine-homeless-people-shows-they-re-anti-black
 
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MEIOT

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The only real solutions here is slavery. Open up a shelter and make them work to earn their keep, with an option to buy back their freedom if they can accumulte enough money to pay the fines and whatever other cost necessary.
Related to Verwoerd perhaps?
 

smi

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There is bed space at many shelters but the majority currently on the street chose remain on the street. They are repeatedly offered assistance but refuse. This is a fact.

If you feel so strongly about their plight please sign up as a volunteer at a homeless shelter or soup kitchen, or set up a debit order to their bank accounts. Hell, you can even be a really really special nice person and let them sleep on your sofa at night or set up play dates or them and your kids.

Remember - Give Responsibly.
I do what I can when I can, buy them some food, drink. if you have ever been homeless, without any support structure you may look and feel differently. I have been there, without anything over my head. It was horrendous. My sympathy runs deep for these people. Shitty situation they face.
 

ambroseg1

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I do what I can when I can, buy them some food, drink. if you have ever been homeless, without any support structure you may look and feel differently. I have been there, without anything over my head. It was horrendous. My sympathy runs deep for these people. Shitty situation they face.
So no inviting them to live with you?
 

Alan

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Shelters has got rules.

Some of these people want to live by their own rules and let society pay the price.
To be fair a lot of them are Schizophrenic

I do what I can when I can, buy them some food, drink. if you have ever been homeless, without any support structure you may look and feel differently. I have been there, without anything over my head. It was horrendous. My sympathy runs deep for these people. Shitty situation they face.
Well that's a bit of a let down frankly. Was expecting so much more.

Seriously though what do you suggest be done?
 

RedViking

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(didn't read the article yet)

What is the fine? No drugs and alcohol for a week ?
 

supersunbird

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I do what I can when I can, buy them some food, drink. if you have ever been homeless, without any support structure you may look and feel differently. I have been there, without anything over my head. It was horrendous. My sympathy runs deep for these people. Shitty situation they face.
Indeed it is, as well as the people they live in front of or have to walk where they live. How would you feel if 10 people came to live on your sidewalk? Making noise all night and burning all kind of things making thick black smoke?
 

JungleBoy

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A fine or alternatively jail time. I am sure many will take jail time. Free bed, free food, free Dstv
 

stroller

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Is kibbutz not the answer?
Not just for the homeless but also for the unemployed?
 

The Free Radical

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CITY OF CAPE

2 JULY 2019

STATEMENT BY MAYORAL COMMITTEE MEMBER FOR SAFETY AND SECURITY, ALDERMAN JP SMITH AND MAYORAL COMMITTEE MEMBER FOR COMMUNITY SERVICES AND HEALTH, COUNCILLOR ZAHID BADROODIEN

City responds to claims of harassment of street people

The City of Cape Town notes the ongoing reports about the harassment of street people, particularly the issuing of fines by Law Enforcement; and the attempts to paint the City as uncaring.

For the record, the City of Cape Town is one of the few administrations that has invested in the plight of our street people through a host of interventions in the last decade. The City is invested in helping all people, because we care about the safety of our residents.

Our efforts have seen the Social Development and Early Childhood Development Department work closely with our Displaced Persons Unit within Law Enforcement, with the aim of offering social assistance to individuals who live on the streets and ultimately to reintegrate them with their families and communities of origin.

These efforts are underpinned by the City’s Street People policy, which recognises the complexities that accompany homelessness, and attempts to address them.

The Social Development and Early Childhood Development Department has teams of field workers who spend their days reaching out to street people, offering assistance with access to social services, including temporary shelter, Identity Documents, social grants and temporary employment opportunities.

In 2018, the Department spearheaded the opening of the first Safe Space, which currently houses 211 street people who are all receiving support and guidance designed to ultimately help them get off the streets completely.

The success stories are numerous; so too the public-private partnerships that have emanated from this initiative, resulting in permanent job placements for some Safe Space clients.

The department also runs an annual winter readiness programme. This year, it has made available R699 000 to provide aid in the form of blankets, mattresses, non-perishable food and toiletries to NGOs to increase their capacity to deal with the number of street people seeking shelter and assistance during the winter months.
In spite of its best efforts, however, the Social Development and Early Childhood Development Department’s Street People Unit finds that many street people simply refuse any form of assistance.

For several years, we have been focusing strongly on social development, as the myriad interventions attest to. However, the dynamics on our streets have changed, for a number of reasons, including an increase in the number of parolees being released by the Correctional Services Department, as well as an increase in the number of foreign nationals on the streets, due to a non-functioning immigration service.

These changing dynamics require more consistent action, which is why we are trying to find a better balance between by-law enforcement and our social development basket of services.

It is not illegal to be homeless, and street people are entitled to freedom of movement as outlined in the Bill of Rights. However, like everyone else, street people are expected to abide by the laws of the country and the by-laws of the City – particularly the By-law relating to Streets, Public Places and Prevention of Noise Nuisances.
In the first three months of this year, the Law Enforcement Displaced Persons Unit received 3 051 complaints from the public about anti-social behaviour by street people.

During the same period, the unit issued 199 fines for contraventions of the aforementioned by-law.
The Law Enforcement Department is duty-bound to enforce the City’s by-laws as they apply equally to all residents. This includes issuing fines for transgressions. The department is also obliged to respond to complaints and service requests from the public, which include complaints related to behavior that is prohibited in the by-law relating to Streets, Public Places and Prevention of Noise Nuisances.

It is important to note that this by-law was promulgated in 2007, so it is not new. When it was drafted, we compared it with legislation in other municipalities and purposefully made our by-laws more humane and more considerate than those in other major metropolitan areas.

The issuing of fines in relation to this specific by-law is not new either. Furthermore, the fines are set by the Department of Justice, and not the City.

The City is in the unenviable position of trying to balance the rights of street people with the rights of the general population. Homelessness is a global phenomenon that very few countries have managed to adequately address. Add to that the fact that it is a hugely emotive and complex issue, one can start appreciating the difficult task this administration faces.

End

Issued by: Media Office, City of Cape Town
Media enquiries: Alderman JP Smith, Mayoral Committee Member for Safety and Security, City of Cape Town, Tel: 021 400 1311 or Cell: 083 675 3780, Email: jean-pierre.smith@capetown.gov.za (please always copy media.account@capetown.gov.za)

Media enquiries: Councillor Zahid Badroodien, Mayoral Committee Member for Community Services and Health, City of Cape Town, Cell: 072 639 5773, Email: zahid.badroodien@capetown.gov.za (please always copy media.account@capetown.gov.za)
 
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