BACKGROUND
People living on the street in our area commit offences in terms of the City’s ‘Nuisance’ By-law on a daily basis, but no action is taken – at least not in Observatory. Organisations working with street people (including The Haven) all agree that a ‘carrot and stick’ approach is needed. So far, through the Social Issues Forum, we have been providing some ‘carrot’. The ‘stick’ is supposed to be provided by the Metro Police, who are responsible for enforcing this (and other) by-laws – but so far we have seen no evidence of them doing this. As far as I am aware, little effort is being made (by Metro, by members of the public, by fieldworkers or by SAPS) to enforce this by-law.
WHAT THE BY-LAW SAYS
This by-law lists offences, many of which are committed on a daily basis by people living on the street. These include being drunk in a public place, urinating or defecating in a public place, continuing to beg (after receiving a negative response), spitting in a public place, etc. Fines range from R50 up to R1500 (for 'soliciting for prostitution' for the third time). A metro police officer who observes the offence can issue a spot-fine, which must be paid at a municipal court or the traffic department. Alternatively a witness can give a sworn statement and testify in court (if the person denies guilt). The fine is processed in the same way as a traffic fine. The By-law can be downloaded from the Council's website. Its full name is ‘By-laws relating to streets, public places and the prevention of noise nuisances’ (GN 6469 of 28/09/2007). It can be downloaded from the Council’s website: http://web1.capetown.gov.za/websearch/search/search.aspx?lib=acm/comsup/Weblib&docName=Bylaw
HOW TO REPORT OFFENCES AND GET A RESPONSE
Our Ward Councillor, Cedric Thomas, asks members of the public to try all these methods, starting with the C3 system: in this way we will build a record of what works and what doesn’t. The data is captured each month by our Subcouncil and will appear on their Subcouncil’s agenda. Please feel free to email me the outcome of your efforts to log a complaint and get action (
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or
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).
1. The C3 system (this can be used for all complaints)
For all service delivery queries or complaints please make use of the C3 electronic reporting system. Call 0860103089 OR
e mail
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OR
SMS 31373 (no more than 160 characters)
You should give your name, address and your erf or account number.
Your contact is logged& a unique reference number enables tracking for progress.
2. 'Street People Helpline' - 0800 872 201
This is managed by the Council’s Social Development Unit.
3. 'Alcohol and drug helpline' - 0800 435 748
Try using this and see what happens.
4. Metro Police call centre - 0860 - POLICE (765423)
Please send feed back to
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OCA/Social Issues Forum
http://groups.google.co.za/group/obs-social-issues-forum?hl=en
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