South Africa: Cape Town's Unlawful Occupation By-Law Is Not Only Unconstitutional, but Cruel

There are multiple reports of how homeless people's personal belongings are confiscated, including identification documents and HIV medication. This occurs despite South Africa's Constitution guaranteeing that no one may be deprived of their property without a legitimate reason.

In the cold embrace of the night, where Cape Town urban lights offer no warmth, the plight of homelessness reveals itself in every weary gaze and shivering form, stirring a profound empathy that compels us to confront this enduring tragedy.

Western Cape Premier Alan Winde has declared the province a disaster area after recent floods and disruptive winds. Compared to the existing 3,500 shelter beds, 14,000 homeless people face heavy storms.

And since 3 July, more than 47,000 homes have been damaged, worsening the housing crisis in the province. In the absence of more shelter beds in the rising face of homelessness, people with no homes have no choice but to use personal property such as tents, wooden pallets, plastic sheets and other such materials to protect themselves against the elements. However, their attempts at protecting themselves are at risk of being undermined.

What they own, sustains them and protects them against the elements.

According to the Unlawful Occupation By-Law 2021 promulgated by the City of Cape Town, the City can seize homeless people's private property. In fact, there are multiple reports of homeless people's personal belongings being confiscated, including identification documents and HIV medication. This occurs...

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