[MUST LISTEN] SAHRC threatens legal action over Cape Town ‘homeless bylaw’

[MUST LISTEN] SAHRC threatens legal action over Cape Town ‘homeless bylaw’

The South African Human Rights Commission (SAHRC) has lashed out at the City of Cape Town over the implementation of the controversial bylaw which fines the homeless when they sleep on the street.

Homeless
Laila Majiet

The commission has set their claws into the Mother City.

“Homeless people are not just people from out of space, they are our people. They are part of society,” said commissioner Chris Nissen.


The city has strongly denied that they are infringing the rights of homeless people, saying they hope the fines will act as a deterrent to them to rather sleep at the "safe spaces" they have created.


Nissen says an array of fines are being implemented which could see a homeless person, who sleeps on a pavement, paying up to R500.


The commission is now exhausting all their internal remedies before approaching a court of law.


“We need to test that law against the Constitution. On face value, they are using a bylaw on anti-noise and anti-pollution in order to move people and fine them. We think that bylaw is unconstitutional.”


He also believes that the city is being disingenuous.


“Why are they selective when it comes to these bylaws. When you go to the township, they don’t even apply this bylaw when it comes to the suburbs there, they want to apply the bylaw.”

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