With memories of the Covid-19 pandemic slowly starting to recede to the outer edges of humankind’s collective consciousness, more residents are beginning to scoff at the lingering presence of a symptom brought on by the two-year national state of disaster and related economic impact – tent cities right on their doorsteps.

Due to the termination of the national state of disaster on Monday 4 April, the courts are no longer required by regulation to consider suspending evictions.

On Tuesday 19 July, the Western Cape High Court finally ruled on a case that stemmed from the City of Cape Town’s eviction and demolition of Bongani Qolani’s shack in Khayelitsha in June 2020.

The South African Human Rights Commission (SAHRC) took the matter to court after video footage showed a naked Qolani being dragged from his informal structure by law enforcement officials.

While the court case remained ongoing, the City was curtailed in carrying out evictions.

Now with both these legal obstacles having been addressed, residents are becoming increasingly frustrated by the City’s apparent inaction.

Principal Inspector Wayne Aldridge of the City’s Displaced Person’s Unit (DPU) shed some light on the challenges the municipality is dealing with at a Claremont Business and Social Partners engagement hosted by the Claremont Improvement District Company (CIDC) at the Park Inn Radisson Hotel, Newlands, on Wednesday 20 July.

Explaining how law enforcement officers approach and engage with people living on the streets, Aldridge said they were required to offer alternative accommodation to every person living rough before they could take any further steps.

This accommodation is offered by the City (Safe Spaces and City-funded shelters as well as NGO shelters).

Cape Town’s amended Streets, Public Places and the Prevention of Noise Nuisances By-law now requires that alternative accommodation be offered to people illegally occupying public spaces.

According to the by-law, sleeping and camping overnight in public places is no longer classified as an automatic offence if no other choice is available to a person.

Describing the process followed during operations, Aldridge said if street people refused these offers of shelter and social assistance, their details were documented, and they were given an opportunity to remove their belongings. In accordance with the by-law, those who fail to do so, are issued a Section 56 notice. If they do not pay the fine, they are required to appear in a municipal court where they are offered further help.

“Our law enforcement officers treat them with dignity and respect. They work closely with our City’s Department of Social Development social workers, sending them information on each person. Our officers may not remove their personal belongings which include the recycling materials which they collect,” said Aldridge.

However, this by-law does not circumvent the need for a court order where a structure is considered a dwelling under the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act.

Immediately following the High Court’s ruling in the Qolani case, JP Smith, Mayco member for safety and security, said the City was in the process of looking at relevant legislation and how to apply enforcement interventions.

Smith said that the City’s Safety and Security Directorate had drafted just less than 600 eviction applications “for identified invaded sites and tented camps which we have handed to Legal Services” (“Window very narrow for counter-spoliation”, People’s Post , 26 July).

A City Street People Response FAQs document (updated 20 May) published online, places the number of people living on the streets at approximately 4 000 people living in shelters at 2 000 (6 000 in total). These statistics are based City’s most recent enumeration done in November 2018.

A more recent study titled “The Cost of Homelessness: Cape Town”, however, places the number of people living on the street at 12 273 and in shelters at 2 084 (14 357 in total). The study was done by U-turn in partnership with Khulisa Social Solutions and MES.

A further look at the FAQs document shows that in May, the shelter bed capacity in Cape Town stood at approximately 2 446.

In June, the City said it was working to add over 550 shelter beds with its Winter Readiness campaign.

Despite the glaring mismatch in how much shelter bed capacity space would be needed if all street people were to be accommodated versus how much is available, various City officials have stated that it is not bed spaces (or the lack thereof) that are keeping people on the streets. Instead, they claim it is because many refuse to access social services.

“Many, if not most, people living on the street turn down offers of shelter or social assistance. In some cases, this is due to a lack of awareness about the sustainable solutions available to rebuild their lives off the streets.

“Some may not wish to comply with the rules and routines of shelters, and many people living on the streets suffer from a substance abuse addiction and are not yet willing to accept shelter and rehabilitation off the streets.

There are also those who attempt reintegration, but then end up back on the streets,” the City states in the FAQs document.

Following the Claremont Business and Social Partners engagement, Ward 58 councillor Katherine Christie sent out a global email to her constituents, informing them of the meeting and what was discussed.

In the communication, Christie encouraged residents to give responsibly and to purchase Mi-change vouchers.

Recently launched by U-turn in partnership with MES, the vouchers give street people access to a development programme with professional support and rehabilitation services.

“Buy Mi-change vouchers and give them to people on the streets and do not give cash or food. Do everything you can to encourage people to accept the help, shelter and empowering programmes offered.

Please do not make living on the streets a comfortable option by giving cash and food, tents or clothes,” Christie wrote.

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