City of Cape Town defends decision to fine homeless people

The City of Cape Town has defended its decision to fine homeless people for breaking its by-laws. It has begun issuing fines for the obstruction of pavements and erecting shelters in undesignated areas. The city says officials are acting following complaints raised by residents that homeless people are sleeping near their homes.

Keeping warm and dry, especially in winter, is a daily challenge for those living on the streets. Many put up makeshift shelters or make fires in public spaces to ward off the winter chill, but doing this is in contravention of the city’s by-laws and may result in stiff penalties.

Thirty-four-year-old Amos Sidumo says he has been fined numerous times, but he has nowhere to go. Sidumo says law enforcement harasses them and takes their IDs.

Fifty-nine-year-old Charles Jansen, homeless for more than 20 years, has been able to secure an informal dwelling in Philippi.

Jansen says he visits the city to make a living by collecting paper and other recyclables.

The City of Cape Town says while it has prioritised social development interventions over the years, including the creation of safe spaces and job opportunities for homeless people, it has now decided to also enforce its by-laws. Mayco member of Safety and Security, JP Smith says 18 people have appeared in court for the obstruction of by-laws.

“We have had our first 18 cases appear in court and the outcome of that has been predictable. So, I think over time, we will then have a body of evidence to which we can say to the public and say these are the consequences of what the criminal justice system delivers. When you drive it to its logical conclusion, we will not be able to be blamed and told ‘well, you’ve done nothing; you’ve been negligent in your job or you’ve only applied by-laws to certain people and other people are exempt.’ Hopefully, this will inspire more investment, the social development interventions by the community when the criminal justice systems fail as they predictably will.”

Fines range between R300 and R1500. The decision has drawn criticism and anger on social media and other quarters.

CEO of the Haven Night Shelter, Hassan Khan, says there are safe spaces for the homeless to sleep.

“I believe homeless people don’t choose homelessness, but everyone chooses where to sleep and in the City of Cape Town, we have safe spaces where homeless people can sleep. We have shelters where homeless people can sleep and I can tell you today, in the middle of winter, the haven has space; informal beds, as well as mattress spaces. So, there are other options that can be explored.”

For people like Sidumo, the daily trials of living on the streets, whether by choice or circumstance, continues.