STREET PEOPLE (Wayne Aldridge)
 
          Email: wayne.aldridge@capetown.gov.za
          Tel: 021 444-8220
 
Street people complaints are addressed by both Law enforcement's Specialised Services: Displaced People Unit (DPU) and Law Enforcement’s area-based stations regularly.
 
Due to high Court Judgments against the City of Cape Town, such as the Human rights Commission Judgment, Judge J Allie Judgment, and various others, DPU and Law enforcement are limited in what action can be taken against those street people who take up unlawful occupation on public open spaces. 
 
The only time a structure/tent may be removed by law enforcement is if it is in the process of being erected or partly built. A structure/tent that has been completed may not be removed, it is therefore very important that the enforcement agencies be notified as quickly as possible.
 
Complaints should not be reported on social media or sent directly to a law enforcement officer's cell phone. The complaints need to be filtered through the call centre on 021 480 7700 or 107 on a landline.
 
There is no, 24, 48, or 72-hour period in which a makeshift structure or tent can be removed. When a structure/tent is erected and occupied, which can go up within minutes. A court order is required to have the structure/tent removed.
 
It is also important that the Law Enforcement officers on scene issue the necessary documentation in terms of the relevant by-laws, such as issuing the compliance notice and 56 notice (Fine) and taking of pictures as part of the evidence which will be needed for any legal proceedings if any
 
It needs to be made clear to the community, that the donation of tents and building materials does not assist law enforcement or social development to be able to assist the street people.
 
No Law enforcement officer, legal fraternity, or members of the public may permit any structure/tent to be erected on any public space, roadway, sidewalk, open field, or any other City-owned land which is not an approved site.
 
Law enforcement will not act on any property unlawfully occupied by street people, not owned by the City of Cape Town, such as PRASA, Public Works, Railway, private property, etc.
 
It remains the responsibility of the landowner to seek an interdict or eviction order or both in terms of relevant legislation 
 
Street People are becoming more hostile and verbally abusive towards law enforcement. Law enforcement is also receiving threats and abuse from the community accusing law enforcement of violating the street people’s human rights and court orders
 
Law Enforcement/DPU will continue to respond and enforce the relevant By-laws and deal with any person who behaves in an anti-social manner. Action will be taken in terms of current legislation and court orders 
 
The below three phases is how DPU will act in terms of the relevant by-laws
 
Phase 1
Social Development offers alternative temporary shelter to any street person found to be unlawfully occupying a specific location. If the individual refuse, Law Enforcement issues a compliance notice in terms of the City’s by-laws.
 
Phase 2
A Section 56 notice (fine) is issued to any person who failed to comply with the compliance notice served
 
Phase 3
The individual is offered alternative temporary shelter. Should they refuse, their details are documented, and they are allowed to remove their belongings. Should they fail to do so, they’ll be issued with a Section 56 notice in terms of the Streets, Public Places and the Prevention of Noise Nuisances Bylaw or any other relevant by-law. All waste material as defined in the Integrated Waste Management Amended by-law that is identified as waste by the national minister by notice in the Gazette in terms of the National Environmental Management: Waste Act2008(Act No. 59 of 2008) will be taken to the landfill.
 
It is important to note that it is not illegal to be homeless, and no person can be forced to accept social assistance. However, the City’s bylaws are clear on what is allowed and what is not allowed in public spaces, and these bylaws apply to every person – not just the street people.  It is also important to note that street people congregate where there are handouts available or an opportunity to make money. Residents are therefore encouraged to direct their support for street people to registered shelters or organisations instead. Access to direct handouts make it more likely for people to reject offers of social assistance in the form reintegration, reunification, or opportunities at shelters. No human being belongs on the street and every action needs to be oriented towards reintegration and assisting street people to find a sustainable income and accommodation off the street. This requires a whole-of-society approach.
         
Should street people fail to comply with phases 1 & 2, DPU will clean the area of all items dumped, stored, and or accumulated where possible.
 
Only those temporary makeshift structures that are incomplete will be removed.
 
Tents will not be removed in terms of, court orders, and other legislation
 
No personal belongings will be removed, impounded, or confiscated. These items are clothing, blankets, food, medication, documentation such as IDs, clinic cards, birth certificates, etc.
 
The person will be issued a 56 notice in terms of the streets and public places by-law should he or she fail to remove such tent/structure.
 
Social Development will be on Standby should any street person wish to be relocated to a place of safety.
 
All street people interventions will be conducted in terms of current legislation
 
QUESTIONS AND ANSWERS:
 
Where property/land (public or private) is occupied illegally, what has the judicial system done to solve this as it infringes on the rights of other citizens?

Don’t use C3s for Law Enforcement complaints – use the EPIC system to log Service Requests as these are assigned to an individual officer with real-time communication and resolved within a timeframe according to the nature thereof.
 
CIDs don’t have access to the EPIC system? Only have access to C3 system.

Service Request (SR) numbers can be used to message Wayne for update/feedback.
 
Is there anything that empowers CIDs to prevent a structure from going up?

The PIE Act only applies to property, does this also apply to Public Open Space?

Is the CID legally exposed when assisting LE?

Need a written position from the City in this regard and/or a legal opinion obtained by the City as this might land the CID with a legal bill.  What can the board do and not do? 
Can CIDs remove the materials used to erect a structure when the material is deemed to be stolen?

Can CIDs act on City land or PRASA property?

Follow the link below for frequently asked questions in respect of the City’s response to homelessness and helping people off the streets:
 
https://resource.capetown.gov.za/documentcentre/Documents/Procedures,%20guidelines%20and%20regulations/Street_People%20FAQs_English.pdf