Tshwane resident ready to call it a day for cabbage patch feeding the poor after being ‘threatened’ by TMPD officers

s0lar

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There was a house in emmerentia that did this years ago. I remember tomatoes and some kind of pumpkins on my drive past. Where no issues, I honestly don’t see an issue with this. Let the man grow, jeez. Talk about popo on a power trip.
 

rietrot

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Ahhh yes but since the bylaw seems to not exist, your point is irrelevant.

Growing cabbages on the sidewalk may be unsightly but it doesn't seem to be illegal. Yes the municipality would be well within their rights to remove them since the ground belongs to them, but we all know the likelihood of that.
The sidewalk belongs to the city.(this is a another problem altogether) They don't need a special bylaw to dictate what they can do on their own property and what you cannot do on their property. If they don't like your cabbage on their property they can rightfully ask you to remove it.
 

Speedster

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The sidewalk belongs to the city.(this is a another problem altogether) They don't need a special bylaw to dictate what they can do on their own property and what you cannot do on their property. If they don't like your cabbage on their property they can rightfully ask you to remove it.
But there is a bylaw, so all they need to do is apply that.

However, in our suburb there are multiple violations of said bylaw with no policing thereof. I get the impression this guy is being unduly targeted.
 

SAguy

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But there is a bylaw, so all they need to do is apply that.

However, in our suburb there are multiple violations of said bylaw with no policing thereof. I get the impression this guy is being unduly targeted.
Imagine what places would look like if we never cut the grass on our verges or kept them tidy.

Sure, by laws are correct and reasonable but I have never seen the council cut verges down my road - I pay someone to do it, I should get a rebate
 

Speedster

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Imagine what places would look like if we never cut the grass on our verges or kept them tidy.

Sure, by laws are correct and reasonable but I have never seen the council cut verges down my road - I pay someone to do it, I should get a rebate
Did you read the bylaw?
 

ToxicBunny

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The sidewalk belongs to the city.(this is a another problem altogether) They don't need a special bylaw to dictate what they can do on their own property and what you cannot do on their property. If they don't like your cabbage on their property they can rightfully ask you to remove it.

100% they can rightfully ask you to remove it, or remove it themselves.

They can't threaten to arrest you though.
 

ToxicBunny

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Imagine what places would look like if we never cut the grass on our verges or kept them tidy.

Sure, by laws are correct and reasonable but I have never seen the council cut verges down my road - I pay someone to do it, I should get a rebate

I did that at the start of this covid nonsense with my verge... just went fsck it, and left it for 8 months.
Council never did a damn thing in all those 8 months and I eventually just got the moer in with how crap it looked so my gardener spent an entire day cutting it all back and mowing and even clearing the road somewhat since there is no kerb on my section of the road.
 

TelkomUseless

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So I read the cops sent 2 vans, 3 other cars and about 16 cops to serve this guy a R1500 fine?

It that doesn't tell you about the priorities of the Mzansi police then nothing will ever convince you, so ama just leave this here..

Haha.. going after soft targets? Send the whole cop shop to flex those muscles.

Looters run amok ?... please don't send in the cops, they can't handle it.
 

SAguy

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Because your post makes no sense in the light thereof
I don't understand what you mean. I'm saying that they have a right to decide what goes on the verge, but also shirk their responsibility in actually taking care of it
 

Speedster

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I don't understand what you mean. I'm saying that they have a right to decide what goes on the verge, but also shirk their responsibility in actually taking care of it
I do believe it is still your responsibility to maintain that piece of land, even though it belongs to the municipality. I'll try to look for those bylaws / regulations later. Remember that the verge serves an important function in allowing for pedestrian traffic (among others). Blocking off the pedestrian traffic by planting a garden (or other impediments) creates another problem by forcing pedestrians onto the road.
 

ToxicBunny

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I do believe it is still your responsibility to maintain that piece of land, even though it belongs to the municipality. I'll try to look for those bylaws / regulations later. Remember that the verge serves an important function in allowing for pedestrian traffic (among others). Blocking off the pedestrian traffic by planting a garden (or other impediments) creates another problem by forcing pedestrians onto the road.

Nope, its actually not. There is no way a bylaw could pass legal muster by apportioning responsibility for maintenance off to a person that doesn't "own" the property, or have any actual say on the property. Its public land and the responsibility for maintenance will always rest with the municipality. Where we've buggered ourselves over the decades, is by just assuming the responsibility for it because the municipality has just abandoned theirs.
 

Cosmik Debris

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I do believe it is still your responsibility to maintain that piece of land, even though it belongs to the municipality. I'll try to look for those bylaws / regulations later. Remember that the verge serves an important function in allowing for pedestrian traffic (among others). Blocking off the pedestrian traffic by planting a garden (or other impediments) creates another problem by forcing pedestrians onto the road.

But shacks can be built right up to the road and on railway tracks...
 

Speedster

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Nope, its actually not. There is no way a bylaw could pass legal muster by apportioning responsibility for maintenance off to a person that doesn't "own" the property, or have any actual say on the property. Its public land and the responsibility for maintenance will always rest with the municipality. Where we've buggered ourselves over the decades, is by just assuming the responsibility for it because the municipality has just abandoned theirs.
Do you have any legal basis to back that up with? i.e. some case law, regulation or even legal opinion?
 

ToxicBunny

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Do you have any legal basis to back that up with? i.e. some case law, regulation or even legal opinion?

Basic common sense really...

In eThekwini (my frame of reference), residents are asked nicely to maintain their verges but there is no legal responsibility to do so. I would hazard a guess that the same applies across the board and also any city that has a bylaw that requires residents to maintain the verge is probably a very legally problematic bylaw but it still stands because nobody is going to spend stupid money challenging it, when its just cheaper (and more common practice) to maintain the verge yourself.
 
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