A meeting called by NGOs to discuss a controversial City of Cape Town beggar by-law was disrupted on Wednesday when a city councillor was asked to leave.
”I find that a difficult situation to accept,” said Democratic Alliance councillor JP Smith, following the call for his recusal by Molo Songolo director and meeting convener Patric Solomons.
Solomons asked those persons ”directly involved” in passing the by-law to recuse themselves from the meeting. It was called to discuss possible interventions against the by-law, including amendments or a repeal.
Smith said he wanted to stay to correct misapprehensions created by ”slap-dash journalism” and asked that the matter be put to the vote.
The uncounted vote, eventually overruled by Solomons, seemed to go Smith’s way as organisations on both sides of the legislation fence argued for his continued presence or recusal.
A reluctant, muttering Smith eventually left, followed by Independent Democrat officials, including MP Lance Greyling.
What the by-law says
The by-law relating to streets, public places and prevention of nuisances outlaws a number of alleged offences, such as intentionally touching or causing physical contact with another person, or that person’s property, without permission.
It also criminalises starting or keeping a fire, spitting on an exposed surface or continuing to beg from a person after the person had given a negative response.
Many of the organisations, several represented on the Western Cape Street Children’s Forum (WCSCF), spoke out against the by-law.
”I can’t see what went into the minds of those drafting the by-law. I’m a bit concerned … It does not make sense. They are completely out of touch with the socio-economic reality of our people,” claimed Llewelyn Jordaan, of the New World Foundation operating in Lavender Hills on the Cape Flats.
However, Gavin Joachims, social development coordinator at the Cape Town central city improvement district, said people shouldn’t look at the politics of the by-law and rather at the value it could add.
Joachims claimed the by-law is not criminalising poor people, but addresses a range of other issues, such as dumping, cleansing and the environment.
Intervention
Questioning the level of intervention proposed by the by-law — which could see fines up to R500 issued for causing a disturbance — Big Issue magazine’s Do Machin asked if it is appropriate in a context where those targeted are the ”most vulnerable” of society.
”I don’t see anything positive in the by-law. It’s not the rich and middle class who have to bathe themselves under a tap or stand by a fire [to keep warm] … This is a racist by-law. I don’t think we can accept it,” charged Anna Weekes, of the Sex Workers’ Education and Advocacy Taskforce.
Agreeing to the classist undertones of the by-law, Ashraf Mohamed, of the Human Rights Commission, said he is concerned about issues of equality and how the by-law affects the dignity of the poor.
”This by-law creates a situation of even more disempowerment and affects the power relations, already stacked up against the poor,” he said.
Pam Jackson, WCSCF chairperson, told the South African Press Association that members of the forum have ”grave concerns” about the legislation and are looking at it.
She suggested the poor are being ”sacrificed” in the run-up to the 2010 Soccer World Cup.
”Worldwide there is a move towards the right and law and order,” Jackson said as the meeting highlighted the salient theme of politicisation of the poor. — Sapa