With the termination of the National State of Disaster announced last week, residents and street people alike are waiting to see what the fate will be of hundreds of tent cities that have popped up across the Western Cape.
On Monday 4 April, President Cyril Ramaphosa announced an end to the national state of disaster. While the National Disaster Management Act remained in place, law enforcement could not confiscate any personal items such as tents and bedding.
During his address Ramaphosa stated that, except for a few transitional measures (none of which touched on the moratorium on evictions) that would automatically lapse after 30 days, all other disaster regulations would fall away at midnight Monday 4 April.
In a document circulated to stakeholders last week, the City of Cape Town detailed its post-disaster approach to “helping people off the street”.
As to obtaining court orders regarding the unlawful occupation of public places, the City stated that the courts were no longer required by regulation to consider suspending evictions.
“However, the City’s 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 Unauthorized Occupation of Land (PIE) Act. In those instances, the City will acquire the necessary court order, and ensure alternative accommodation at shelters or safe spaces has been offered, where this is just and equitable,” the statement read.
Where the PIE Act is not applicable, the City said it would apply the Streets By-law.
In the document circulated, the City said its first step in applying the Streets By-law would be for City Social Development and Early Childhood Development (ECD) staff to conduct a social assessment of a person’s circumstances and offer social assistance or shelter.?
If refused, a joint operation with law enforcement would take place in which shelter was again offered.
If again refused, a compliance notice would be 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 document read.
People’s Post visited two such tent cities on Saturday 9 April – a sidewalk located on the side of Liesbeek Parkway opposite the Rondebosch Sports and Recreation Centre and an open field located on the corner of Gabriel and Bardia roads in Plumstead.
At Liesbeek Parkway, there are about four couples living in tents pitched in between the greenery right next to the Liesbeek.
This location does not fall within the area covered by the Rondebosch Community Improvement District (RCID) but asked for their comment, Bruce Burmeister, chair of RCID, said no person should sleep on the streets.
“Everyone should have access to a safe and secure premises. We understand that the City will now locate spaces for the homeless that will be secure, will be monitored and controlled,” says Burmeister.
He adds they are happy this will take place “as it will offer places to the homeless so that they do not have to wander from place to place, be harassed, but can settle, but also be supervised”.
When People’s Post arrived at the Gabriel public open space (POS) on Saturday, only one structure was left on the field. It seems the people who had been living there had relocated to the opposite side of the road next to the traffic circle. The residents of the tent city said they had moved the short distance in October last year.
At present, there are about 12 tents housing an estimate of 30 people.
With the number of street people living in the neighbourhood having gradually increased, since the National Disaster Management Act came into effect two years ago, Plumstead business owners and residents formed the Gabriel Road Area Project (Grapa). Together they organised monthly clean-ups of the POS.
Elaine Rousseau, a local business owner and a member of Grapa, says the unhygienic conditions at the site and incidents of by-laws being broken have persisted.
Rousseau says their hope is that the City will move quickly on the homeless situation via the approved channels of offering alternative and safe accommodation. She adds they are extremely thankful that the process will start moving in the right direction.
“But we are of the opinion that there is a percentage of the street people who prefer living on the street. This needs to be monitored and managed based on regular law enforcement controls and proper policing,” says Rousseau.
The City has stated it is stepping up efforts to offer shelter or social assistance. A total of R142m has been allocated to operate and expand City-run safe spaces beyond the CBD and Bellville over the next three years.
“A further R10 million is allocated for this winter to expand shelter beds at NGO-run shelters,” the City said.
Ryan Manuel, who has lived next to the traffic circle for the past three years, says most of the people who live there are bin pickers. He says they have spoken among each other about how the end of the national state of disaster might impact them.
“There are people who are motivating us that we should make a claim, like the place in Belgravia Road, Lansdowne and in the City, where the people were placed legally, where they were staying all the time. They are fenced in. They have water.”
As a married man, he says he will not be taking up the City on its offer of shelter.
“The shelters are full and there is no way that I as a grown man will take orders from another. I won’t have my freedom. Here at least I feel a bit free, I feel at home. And they don’t take couples as well.”
The qualified pastry chef says they are not there to make trouble.
“We feel we get nothing. We are not seen. People are quick to comment when it comes to funny or wrong things but there are many good things that we do as well. Often when people are robbed we go and fetch their stuff.”
He says they want to do the right thing.
“We want to live the right way but nobody is willing to help us. We are prepared to bring our side. We will act like dogs if people think we are dogs. We will act like humans when people think we are human,” says Manuel.
