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HOMELESSNESS, AN AGE–OLD HEADACHE FOR THE CITY OF CAPE TOWN
The end of National State of Disaster could spell disaster for the homeless. Photo by Michael Cohen-Bloomberg
By Staff Reporters
W
hen everyone else is celebrating the end of the National State of Disaster and the return to normalcy, it could spell disaster for tens of thousands of people who call the parks, streets, pavements and bridges of Cape Town their home. For just over two years, the National State of Disaster became our way of life as the government was, like the rest of the world, seeking to help reduce the spread and impact of Covid-19. But for the homeless, the National State of Disaster was a blessing in disguise as it meant they would not be victims of harassment and evictions. The South African Human Rights Commission (SAHRC) in the Western Cape says the State of Disaster Regulations have protected the public, particularly unlawful occupiers, from eviction during the pandemic. The SAHRC won a court battle against the City of Cape Town over eviction rights under the Disaster Regulations, last year. It says a plan of action was needed to address homelessness in the City. Speaking to Cape
Talk Radio, the SAHRC Western Cape commissioner Chris Nissen said a more sustainable solution for the homeless - and particularly those who have invaded land - was needed urgently. “The problem is that we are sitting with a homelessness issue. So, what will happen during those evictions and where are you taking those people to? The City of Cape Town needs to implement an integrated response to homelessness that includes alternative shelter and engaging affected communities,” Nissen said. Homelessness is a big challenge in South Africa, especially in Cape Town. A quick internet scan reveals that this problem was created by apartheid laws. “Racial segregation and anti-black policies were used to preserve white rule in the country. Zoning laws controlled movement and places of residence for black people, forcing them into black townships in the whiteruled cities,” according Wikipedia. Just like the City of Cape Town is doing, during apartheid, visible homelessness was not allowed on the streets. Those who were homeless due to apartheid policies moved into
shack settlements. The City of Cape Town relies on these types of apartheid-era laws like “vagrancy and pass laws” exported by the Dutch and the British to subjugate the indigenous peoples. “In Cape Town, those lying down, sitting or standing in public spaces have been fined up to R2,000, while these by-laws technically apply to everyone, they disproportionately affect the homeless who often have nowhere else to go,” Aljazeera reported. It said “in the United Kingdom, MPs are calling for the government to repeal the 1824 Vagrancy Act, which criminalises rough sleeping in Cape Town”. “But, instead of a repeal, there is an amendment to the by-laws. Those under review and public comment currently, would ‘allow law enforcement to physically remove homeless people from an area and arrest them on the spot if they refuse an offer of alternative shelter’.” According to the Western Cape government website, it is estimated that there are about 4,862 homeless people in the greater Cape Town area and an estimated 700 live in the central business district. With
the winter season approaching, this might mean more challenges for the City. Adi Kumar and Daniellé Louw, writing in the Daily Maverick, say the City cannot rely on the use of the law in addressing homelessness. They say the municipality needs compassion and respect for human dignity. “While we continue to represent the street-based community in court proceedings, the reality is that the courts will not solve the phenomenon of homelessness. At best, the courts will demonstrate that Law Enforcement works outside the parameters of the law and certainly does not operate in the interests of all people. “Is this the kind of city we want to live in? One that harasses the defenceless and impounds their belongings under a by-law relating to 'goods and animals", as if streetbased people are not human? “We recognise that the number of people living on the street has risen exponentially over the past two years. Covid-19 has decimated many people’s incomes, and many households with nowhere to turn have been forced on to the street,”
the report said. Two months ago, Cape Times reported that organisations working with homeless people were optimistic that the City of Cape Town has shown change of heart in its approach. It seems it has moved away from relying only on punitive measures when dealing with the homeless. The report says the change of heart was expressed by mayor Geordin Hill-Lewis. According to the news report, the amended Streets, Public Places and the Prevention of Noise Nuisances by-law amendments are somewhat softer. “By-laws now uniquely require that alternative accommodation be offered, and ensure that sleeping and camping overnight in public places is no longer classified as an automatic offence if no other choice is available to a person,” it stated. The City said the amendments effectively decriminalised a conduct where no alternative was available while still ensuring that every intervention of the city was oriented towards assisting people to move off the streets.
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