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1,000 signatures reached
To: The City of Cape Town
Stop City of Cape Town using COVID-19 as an excuse to disregard public participation
We want the City of Cape Town (CoCT) to postpone the new by-law amendment to allow for greater public participation. Once people are able to congregate in large numbers, the City should specifically engage with groups of people that will disproportionately be impacted by this by-law. This includes individuals who are homeless, sex workers and informal traders to name a few.
Why is this important?
Municipalities like the CoCT have for many years attempted to circumvent the rule of law in order to criminalise and police those who are vulnerable and economically disenfranchised. The CoCT’s new proposed amendment to its Streets, Public Places and the Prevention of Noise Nuisances By-law is an extension of this.
The Rule of Law restricts the arbitrary use of excessive power and mandates that laws be clear, concise and accessible. The following are three concerning aspects of the CoCT’s new proposed amendment:
Firstly, this new amendment seeks to increase the scope and powers of Municipal police and law enforcement agencies. Section 22(4) of the amendment raises pressing concerns around the powers and functions afforded to these agencies, including CoCT law enforcement being able to stop and search, seize articles and even arrest without a warrant. In addition, law enforcement officers would be keeping exhibits among other wide powers reserved for the police.The proposed amendments would allow an officer to order a person to leave and remain out of an area where an alleged contravention of the by-law has taken place.
Secondly, this proposed amendment embodies abuse of power and the criminalisation of poverty. It allows for the fining and possible imprisonment especially of those that are unlikely to be able to pay for these fines. Those vulnerable to certain socio-economic conditions will most likely end up with a criminal record and imprisonment. This is unacceptable.
The third concern is around inadequate public participation for this. In the midst of a global pandemic, many South African families are acutely affected by the recent loss of income and threats to their mental and physical health. Individuals who are likely to be most affected by this by-law will not have the opportunity to adequately engage with these amendments. It is the duty of the CoCT to allow for and proactively enable adequate public participation around this, specifically including (but not limited to) individuals who currently live in shelters, are sex workers and those who are homeless. The CoCT has, on their official website, called for comments on this new amendment. This is holy inadequate.
We are calling on the City of Cape Town to postpone the new amendment until such a time where adequate and attentive public participation is held on this important issue. Please join us and sign this petition before the 17 May 2020.
Additional Material:
https://www.iol.co.za/capetimes/news/city-of-cape-town-slated-over-questionable-ethics-of-proposed-by-law-amendments-47072428
https://www.thesouthafrican.com/news/cape-town-new-by-laws-police-powers-increase-how/
https://www.dailymaverick.co.za/article/2020-04-30-controversial-bylaw-amendments-will-enable-forced-removals-of-homeless/
https://www.dailymaverick.co.za/article/2020-05-01-amendments-to-city-of-cape-town-by-law-are-they-constitutional/