Hefty fines for homeless people for obstructing pavements in Cape Town

Grant

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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
link to this article pls
 

Grant

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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.
yadda yadda horseschit
the city is well known to selectivly apply by-laws
 

rietrot

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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)
Nobody cares. We want sensationalism, what is this long winded nonsense.
 

The Free Radical

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Pavement fines for the homeless: Rights body wants answers from City of Cape Town
The SA Human Rights Commission wants to urgently meet City of Cape Town officials over street by-laws being enforced that have resulted in a number of homeless people being fined, the rights body said on Wednesday.

"We have received more than a hundred complaints, and I mean, literally, hundreds," said SAHRC commissioner, the Reverend Chris Nissen after reports emerged this week that some homeless people have been fined based on a 2007 bylaw.

"Where is a proper policy on homeless people that does not violate the dignity of homeless people?" asked Nissen at a media briefing after visits to some of the sites around the city that the homeless set up as shelter.

"Homeless people have got rights," said Nissen.

At the briefing, the SAHRC's Tammy Carter held up a copy of the Constitution and said the current "aggressive" action by the City was in violation of Section 27 of the Constitution, which deals with the right to healthcare, food, water and social development.

City denies it is harassing homeless people

A joint statement by the City denied it was harassing people ..........
More at: https://www.news24.com/SouthAfrica/News/targeting-the-homeless-rights-body-wants-answers-from-city-of-cape-town-20190703

Says the Commission which refuses to investigate thousands of farm murders as a human rights issue. Where are the homeless shelters funded by the Right Reverend Chris Nissen's (SAHRC Commissioner) church, and why are they only looking into this issue now since the bylaw was passed in 2007? The SJW badwaggon is filling up fast in response to the original FAKE NEWS report by GroundUp.
 
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daveza

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The ANC still doesn't realise the internet never forgets.


https://www.iol.co.za/weekend-argus/news/anc-calls-on-city-of-cape-town-to-stop-fining-homeless-people-28424802

“We demand that the city stops this cruel, inhuman enforcement of its by-laws immediately, as well as that it shows more compassion by making more shelters available to the homeless,” said Jacobs.

https://www.irishtimes.com/news/homeless-cleared-from-cities-hosting-world-cup-matches-1.666971

In Johannesburg, where many foreign football fans will stay due to the city’s close proximity to a number of tournament venues, police have confirmed they have been arresting prostitutes and beggars in a bid to have the city ready for the month-long showcase event.

Their presence violates the city bylaws and we arrest them. In many cases those in need, like women with children and disabled people, are referred to places of safety, where they can access welfare services,” said Edna Mamonyane, spokeswoman for the Johannesburg Metro Police this week.

“This is a normal police exercise, but we have intensified our efforts because of the World Cup.
 

Sollie

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Reminds me a bit of the "jammer tannies" who started feeding homeless vagrants in the area. The number of vagrants grew from ~10 to over 30. The neighbourhood watch tried speaking to them as break-ins went up in the neighbourhood. Religion was brought up. Eventually a resident ended up in hospital, stabbed. A few un-christian things were said to the ladies who took offense, but job done, they stopped. Vagrants moved on, problem disappeared. Realities of South Africa. Few understand it or want to acknowledge it.
 

yebocan

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City of Cape Town probes alleged assault of 'homeless' man

The City of Cape Town has confirmed it is investigating an alleged assault on what appeared to be a homeless man, which according to a witness saw the person beaten, pepper-sprayed, shoved and thrown to the ground.

Executive director for the safety and security directorate Richard Bosman said the probe was underway.

"We have since obtained statements from the officers involved in the incident. We have also secured video footage from a nearby CCTV camera," Bosman said.

Rudy Oosterwyk, who witnessed the incident, in his written complaint to the city said he had been walking down Leeuwen Street near the Western Cape High Court last Tuesday afternoon when he saw six men surrounding an older man sitting up against a pole.

Three wore Cape Town Central City Improvement District uniforms, two in Law enforcement gear, and one a jeans with a radio visible at his waist.

Pepper spray

Oosterwyk said the men were screaming at the older man when one of them pulled his cap from his head, throwing it in the street.

"At this point I could see that the older man was in danger or on trouble as the men were becoming more and more physical with him, pulling at him and shoving him while he was sitting," his complaint reads.

One of the security guards pulled the man up by the scruff of his neck, holding him up by his collar, Oosterwyk alleges. The older man was shoved around, pushed and pulled even after he shouted and asked the uniformed men what they were doing.

The elderly man was sprayed three times with what appeared to be pepper spray, Oosterwyk relayed.

"The old man started screaming 'help my, help my', and it is at that point that he was thrown to the ground. The six security men then held the man down to the ground and it appeared that they used a cable-tie to tie his hands behind his back.

"The old man was crying and screaming and after a minute or two, he went quiet. The six security men continued to stand around him. It also looked like they were holding him down with force. I thought at the time that this, too, was unnecessary as the old man was clearly neutralized by the pepper-spray and being thrown to the ground."

Oosterwyk had during the scuffle recorded what was happening. He said another man in unifom told him not to take pictures "without asking questions".

Oosterwyk, who declined to circulate the video out of respect for the man, said he had also lodged a complaint with the SA Human Rights Commission.

He said he was "badly shaken" after witnessing what happened to the "poorly dressed" man, who he had assumed was homeless.

"I walked to my car and drove past the site of the attack; the old man was still lying on the ground. He appeared not to be moving and I was concerned about his state. As I was driving past, a City of Cape Town vehicle parked on the corner where the incident took place.

"It appeared that this vehicle – a bakkie - was going to be used to transport the old man. It was clear that none of the security officials established the degree of injury to the old man and if he was indeed in need of urgent medical attention."

Oosterwyk, who years ago donated a kidney, said he has limitations and was unable to intervene in "what was not law enforcement procedure, but brutality".

He added that while there had been much talk about the City of Cape Town being "punitive" towards street dwellers in the enforcement of by-laws, it was a "shocker" to see the alleged assault first-hand.

"I don't care what happened before that. I am more concerned with what happened in the seven minutes which I witnessed," he said.

"It's hard to be poor in the City of Cape Town," Oosterwyk believed.

He called on the municipality to be more human-centric, as it would mean it would govern differently.
https://www.news24.com/SouthAfrica/News/city-of-cape-town-probes-alleged-assault-of-homeless-man-20190814
 

grok

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Reminds me a bit of the "jammer tannies" who started feeding homeless vagrants in the area. The number of vagrants grew from ~10 to over 30. The neighbourhood watch tried speaking to them as break-ins went up in the neighbourhood. Religion was brought up. Eventually a resident ended up in hospital, stabbed. A few un-christian things were said to the ladies who took offense, but job done, they stopped. Vagrants moved on, problem disappeared. Realities of South Africa. Few understand it or want to acknowledge it.
Roughly the same thing happened at ANC executive level, but the ANC jammer tannies still doesn't want to let Jacob go..
 

schumi

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Mar 26, 2010
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Homeless claim small victory against City of Cape Town on fines

Cape Town – The group of people which hauled the City to court over its controversial by-laws claimed victory after the City agreed to stop fining the homeless.

The seven homeless people, represented by Dingley Marshall Inc, sought an urgent interdict from the Western Cape High Court to force the City to drop fines issued against them and to prevent new ones.

This will be until their next court appearance for an interim interdict in November. The City’s executive director for safety and security, Richard Bosman, said: “The City of Cape Town was served with an urgent high court application on August 22, 2019. The matter was set down for hearing today (Monday).
More at : https://www.iol.co.za/capetimes/news/homeless-claim-small-victory-against-city-of-cape-town-on-fines-31759751
 

supersunbird

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Will the residents have to do like the guys in Gauteng and remove the homeless people obstructing pavements themselves?
 

The Free Radical

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The lefties are the bigger problem.
By conceding a 'hands off' deal, the lefty NGOs are going to push even harder to move the bergies into plain sight and reward them with more handouts with misplaced compassion. This will attract even more vagrants to the streets of Cape town to make it even more filthy and unhygienic than it already is. I can't believe the City rolled over on this BS, just before tourist season. Talk about biting the hand that feeds you (tourism & ratepayers).
 

Slootvreter

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Yeah, rather go ticket cars in the quiet suburbs, where people are easy targets who can probably afford to pay the fines.
 

Rouxenator

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Oct 31, 2007
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I sometimes look at these people and feel sad and confused. Living like that is not living at all, why don't they commit suicide and end the suffering?
 

rietrot

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I sometimes look at these people and feel sad and confused. Living like that is not living at all, why don't they commit suicide and end the suffering?
Lol you should start a advacacy group and put up posters and stuff.
 

rietrot

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Well they have to do something. In Kempton park CBD the whole place stinks like piss and shît and it is a disgusting mess of an ecosystem where rats eating the feaces of the homeless people and then the homeless eating the rats.

It makes it difficult and entertaining to walk down the street and enjoy some lunch with the homeless and the rats both staring at you ready to fight over the scraps.

I can understand why the city of Cape town wants to do something about it.
 

schumi

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Contempt of court motion against City of Cape Town by homeless people

Cape Town - City officials said they would challenge the contempt of court application filed against them by seven homeless people. The homeless allege that the City has continued to fine them, despite agreeing to cease doing so.

If the City is found to be in contempt of court, mayor Dan Plato, mayco member for safety and security JP Smith, and the City’s executive director for safety and security, Richard Bosman, could be sentenced with suspended jail time, said Lucien Lewin, a director at Dingley Marshall Inc, the law firm representing the seven homeless people.

“We’ve asked for a suspended sentence, so if the court grants the order, they will not go to jail, but if they violate the court order again, they could receive jail sentences of 30 days,” Lewin said.
More at : https://www.iol.co.za/capeargus/news/contempt-of-court-motion-against-city-of-cape-town-by-homeless-people-33528544
 
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