Cape Town must be, first and foremost, a caring city, that demonstrates respect, dignity and inclusivity in dealing with complex social problems like burgeoning homelessness.

As part of this commitment, an additional R10 million was allocated in the January adjustment budget to help people off the streets sustainably. The City also intends to increase available bed spaces at shelters during our upcoming Winter Readiness Project. Our interventions will always be led by trying to help people off the street, and into developmental programmes where needed.

This provision of an alternative to sleeping on the street is an essential pre-requisite of our Care programme, and will enable significant real progress in the months ahead in helping more people off Cape Town’s streets.

Further, I have this week written to the Provincial Prosecuting Authority to request the drafting of a protocol under the Intergovernmental Relations Framework Act that would see more psychiatric treatment and addiction programme referrals where needed, instead of relying only on punitive measures. In particular, we want to help City Social development & ECD staff and peace officers to advocate for more rehabilitation referrals, and a more compassionate approach.

Cape Town’s amended Streets, Public Places and the Prevention of Noise Nuisances by-law (the amendments to which are now gazetted and are law) now uniquely requires that alternative accommodation be offered, and ensures 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. The amendments effectively de-criminalise this conduct where no alternative is available, while still ensuring that every intervention of the City is oriented towards assisting people to move off the streets. Only after the refusal of offers of shelter and social assistance, will the law take its course.

Sections 22A(3) and 22A(4) of the By-Law further place a specific duty on officials to exercise powers reasonably, and with regard for every person’s fundamental rights under Chapter 2 of the Constitution.

These amendments align the Streets By-law with our country’s Constitution and Bill of Rights. This is in keeping with our commitment to build a more inclusive, more caring Cape Town.

It is important for residents to note these five guiding principles for how the City will manage the issue of sleeping in public places under the amended by-law:

• Cape Town must be, first and foremost, a caring city, that always tries first to help people off the streets.
• No person should live on the streets. This is unsafe, unhealthy, and undignified. Accepting sustainable solutions off the streets is the best choice for dignity, health, and well-being.
• Our city’s public places serve important social, community and economic purposes, and must be open and available to all. No person has the right to reserve a public space as exclusively theirs, while indefinitely refusing all offers of shelter and social assistance.
• It is not an offence to sleep on the streets if you do not have a choice. Only after refusing offers of shelter and social assistance, should the law take its course as a necessary last resort deterrent for the sustainable management of public places.
• Courts and prosecutors must ensure that rehabilitation is favoured over punitive fines and imprisonment, wherever it is just to do so in matters relating to prohibited conduct in public places.

  By-Law Amendments Summary

  The Streets By-Law has been in existence since 2007, prohibiting largely the same conduct in public places as all other municipalities in South Africa but also elsewhere in the world do, to ensure the sustainable management of public places.

  Amendments to the by-law are limited specifically to de-criminalising the conduct of sleeping in public places without a choice; expanding the definition of ‘authorised officials’ to enable social workers to play a role in operations to help people off the streets; and finally, to limit and clarify enforcement provisions and the existing powers of peace officers.

  The Amendment By-law does not introduce any new powers. Rather, it explicitly sets out existing enforcement powers under the Criminal Procedure Act.

  The City will follow this process in dealing with a person sleeping or camping overnight in a public place:

• A City Social Development & ECD staff member first meets a person to make an assessment, including the reasons for homelessness, physical and mental health, living conditions, sources of income. This will result in a referral for social assistance, which can include accommodation at a shelter or City-run safe space.
• If refused, a joint operation takes place in which shelter is offered and an instruction is given to dismantle transient structure
• If again refused, a compliance notice is issued, indicating the steps, deadline, and consequences of non-compliance.
• If not complied with, a written notice may be issued to appear in court. Offers of social assistance and shelter remain available at all times.
• If the person fails to appear, the court may issue a warrant of arrest.
• It will then be up to the court and prosecutors to determine the way forward. The City would like to see the courts ordering rehabilitation, rather than opting for punitive measures such as fines or the maximum allowable six months imprisonment.

The Streets By-law does not circumvent the need for a court order where a structure is considered a dwelling under the Prevention of Illegal Eviction and Unauthorised Occupation of Land (PIE) Act.

In these instances, it is important that the City acts with care, and within the law, to acquire the necessary court order, and ensure alternative accommodation at shelters or safe spaces where this is just and equitable.

Raising the level of ambition for the City’s Care Programme

The City’s expenditure on its Care programme to help people off the streets amounted to around R65 million per year, as the only metro in South Africa dedicating a social development budget to this issue.

Over the last five years, the Care programme has achieved over 1 600 shelter placements, 1 550 EPWP work placements, 575 reunifications with family, three Safe Spaces opened with 700 total capacity, and R13,5 million provided to support NGO-run shelters.

This would not be possible without our dedicated Reintegration Unit of social development & ECD professionals offering daily interventions to help people rebuild their lives off the streets.

While the national and provincial governments hold the constitutional welfare mandate and budget, it is important that the City raises the level of ambition of its Care Programme.

To help people off the streets sustainably, we have already allocated an extra R10 million in the January adjustment budget, an upward trend we will look to continue into the main 2022/23 Budget.

The Safe Space’ facilities opened in the CBD and Bellville currently have a total capacity for 700 persons under normal conditions, all offering two meals per day, blankets, mattresses and vanity packs on entry, substance abuse interventions, skills training, ID book assistance, and access to EPWP work placement.

To address drug abuse as a key driver of why many are on the streets, the City regularly facilitates free access to the Matrix treatment programme – which has an 80% success rate.

Source: City Of Cape Town