City law enforcement officials removing illegal structures from homeless people Cape Town. File Picture: Leon Lestrade / Independent Newspapers.
Cape Town - The City of Cape Town has called on the public to make submissions over proposed amendments to its By-law on Streets, Public Spaces and the Prevention of Noise Nuisances.
Submissions for public comments opened on November 1st and will close on November 30th.
he By-law was first introduced in 2007 and was amended in 2021, with the Safety and Security Portfolio Committee overseeing the process to introduce additional amendments.
The City said the purpose of the amendments was to address constitutional issues and concerns, adding that there were no new offences proposed or created.
The amendments however add additional procedural steps such as verbal directive followed by a Compliance Notice, before certain activities become offences.
It would also distinguish between more serious offences and those commonly and more directly associated with “homelessness, rough sleeping or similar personal circumstances that can be reasonably regarded as vulnerable or involuntary,” the City said.
The proposed amendments, which the City has referred to as minor, aim to offer transitional shelter to homeless persons in partnership with non-profit organisations, such as a Safe Space or shelter, before approaching the courts for their removal.
Chairperson of the Safety and Security Portfolio Committee, Councillor Mzwakhe Nqavashe said: “‘The City has developed a safe space model that provides holistic interventions and care to help people off the streets and reintegrate them into society, or reunite them with their families.
“While this model is one of caring, it is also one that is underpinned by an understanding that persons do not have a right to occupy our public places when they have been offered an alternative in a safe space.
“The proposed amendments to this by-law now better reflect this existing model, which our well-trained officials are already following daily on Cape Town streets as part of the metro’s caring approach,” Nqavashe said.
“It ensures that any legal action taken against persons occupying public spaces, whether that be fines or court sanction, is applied as a means of last resort and only after a person has refused all offers of alternative placement and social services.”
Community activist, working with the homeless in Cape Town CBD since 2011, Venetia Orgill questioned how many of the homeless the City of Cape Town could accommodate.
“They don't have enough space to accommodate 12 000 - 14 000 homeless persons. The Safe Space accommodation only allows you to stay there three months then you must leave. Then also the EPWP job the City offers the homeless is also short-lived 6 months.
“So going home to a family with a short term job won't work. The City is not even offering rehabilitation as it takes 1 000 days to find yourself after being on the street for five years.”
The draft amendments can be viewed on the “Have your say” section on the City’s website, at sub-council offices and City libraries.
Comments can be submitted via email at public.places@capetown.gov.za; written submissions can be made to: Attention: Leon Wentzel, Law enforcement Department, 3rd Floor, Tower Block, Civic Centre, 2 Hertzog Boulevard, Cape Town, 8000; telephonic comments to 021 444 7691 between 08:00 and 16:30 on weekdays; or via the website at www.capetown.gov.za/haveyoursay
For further information, contact public.places@capetown.gov.za
The City’s Public Participation Unit is available to assist persons unable to submit written comments, and will assist to have their comments or input recorded and submitted to the City.
Contact Anathi Dywili on telephone 021 400 9825 or email anathi.dywili@capetown.gov.za
Cape Argus
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