We should all oppose amendments to City’s nuisance by-law

The evictions were carried out outside the Castle of Good Hope in Cape Town on Friday. Photo: Leon Lestrade/Independent Newspapers

The evictions were carried out outside the Castle of Good Hope in Cape Town on Friday. Photo: Leon Lestrade/Independent Newspapers

Published Nov 19, 2024

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“Castle of Good Hope finally free of squatters: After several years of recalcitrance from national government, and strategic obstruction from foreign-funded activist NGOs, the Castle is finally clear.”

This is how some in our City saw the eviction of those that had been living adjacent to the Castle of Good Hope since being dumped there by the DA administration of previous mayor Dan Plato when they were forced to close their notorious Strandfontein camp amidst court cases and criticism being levelled against them from all sides.

I was there when they were dumped there

That was four years ago! Four years of no services! Four years of allowing the situation to become detrimental for those they dumped there, for those working and living near the Castle, for the tourists, in actual fact, for all concerned.

Then, when the situation looked to be reflecting badly on the City, the DA unleashed what had been their plan all along.

Focus public attention on the fact that that piece of land belongs to the National Government and the ANC led Department of Infrastructure refuses to do anything about it.( This was last year and after they had ensured lack of services had ensured a situation the public was becoming impatient about)

Then suddenly we have the May elections. A DA member is put forward to the President for his consideration and lo and behold we now have a DA member as Minister of Infrastructure.

One of his first tasks is to go to court seeking the eviction of those they dumped there 4 years prior.

I was there when they were evicted

On 1 November the very organisation responsible for inhumanely dumping those individuals at the Cape Castle after abusing all their rights at Strandfontein and despite having had a court order issued against them that stipulated that they had to accommodate and provide services to those they were releasing from Strandfontein, that organisation and that City finally achieved their goal.

They looked like heroes to the voting public that had grown tired of the mess and crime at the Castle, they had managed to make the ANC National government look bad. They had even managed to hide the fact that they were ultimately responsible for the mess.

And to crown it, for further brownie points they lied to those being evicted, the courts, the media and the public about caring about the homeless and offering them an alternative.

How anyone still believes that the City’s Safe Spaces as an offer is merely a PR cosmetic exercise to make them look as if they care about the homeless, is beyond me.

All you need to is add up the numbers. You don’t even need to physically go and check or speak with the homeless. It’s all there in black and white. You can't keep making the same promise to different groups when you only have so many beds!

There is no intention for these individuals to be accommodated at the safe spaces. They are merely displaced to be used for the same purpose with another group of residents and where the City will again displace having earned those votes as well.

I was there when they looked on from the station deck, where most now live as the Mayor and Minister and public planted trees to restore this empty place.

And I am here to testify today, how little the city could care less about their most vulnerable.

The City asked the courts to interdict all those they evict from being allowed to settle on any City owned land. The courts refused to grant an interdict, citing it as unconstitutional.

Yet one judge, in his judgement questioned the City’s need for such an interdict, if they already had by laws that with a slight adjustment would see them be able to evict, fine and/or arrest anyone without approaching the courts for a court order. All that was necessary was to amend the by law to ensure the City staff make the offer of the safe spaces as a reasonable alternative.

And so from the first to November 30, the City is asking the public to comment on changes to their nuisance by laws.

They are tjoepstil about their intentions. They merely say it's a small amendment to ensure their staff offer individuals an alternative before evicting, finding or arresting. So they make it sound as if it’s to protect those being evicted.

Whilst it’s true impact is that this by law amendment gives the City the right to evict without having to go to court to get an eviction order. This means taking away all means and protections afforded all others being evicted who have to by law be afforded the opportunity to make their case in a court of law.

Please do not support these amendments, they are unconstitutional and meant to benefit only the city and its agencies.

* Mesquita is a previously homeless man and founder of Outsider, an organisation focused on enlightening people on homelessness and on accommodating those living on the streets in a dignified and sustainable manner.

** The views expressed here are not necessarily those of Independent Media.

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