The Western Cape High Court on Thursday extended interim relief to homeless people in Cape Town from receiving fines and summons or having their personal property interfered with in terms of by-laws around them inhabiting public places.
This seemed to come as a surprise to the lawyers present, who had minutes earlier presented Judge Bernard Martin with a draft order they agreed to during lunch.
This draft order amended the interim relief granted by Judge Lee Bozalek in September so that it would only apply to the seven homeless applicants instead of having a moratorium effect.
READ |Cape Town soup kitchen turned into Bok fan lounge for homeless
In presenting the amended order, advocate Karrisha Pillay, for the City of Cape Town, said there was compromise on all sides and it would stand until the applicants brought an application to review the enforcement or constitutionality of the by-laws next year.
'Courts are no rubber stamps'
The City's lawyers, together with those for the homeless applicants and various ratepayers' organisations (who were admitted as friends of the court on Thursday), agreed that any review should be instituted by February 21 and be heard on June 17.
But Judge Martin said the courts were not a rubber stamp, and he did not believe the amended order met the overriding interests of justice.
He extended Judge Bozalek's order pending the outcome of review proceedings and said the parties could decide whether to stick to the proposed timetable or come up with a different one.
The applicants are Carin Theresa Rhoode-Gelderblom, Emily Smith, Vuyo Mbozi, Beulah Meyer, Natasha Persent, Xolani Siboxo and Patricia Geyser.
News24previously reported that in terms of the by-law relating to streets, public places and the prevention of noise nuisances, the homeless were being fined R1 500 for keeping or starting a fire in a public place and R300 for obstructing pedestrian traffic on a pavement with any object or motor vehicle and sleeping in a stationary vehicle in a public place.
Small-scale littering or dumping attracted a fine of up to R500 in terms of the integrated waste management plan by-law.
'Court must metaphorically remove its gown'
At the outset of proceedings on Thursday, Judge Martin set down the "rules of engagement" for the hearing and said they were dealing with fundamental human rights playing out within a particular socio-economic setting.
"Ubuntu demands that we operate in a different way to which we operated in the past. We have to view our actions through that particular lens," he told the lawyers.
ALSO READ |City of Cape Town's fining of homeless heading for court
"It [the Constitution] says the court must metaphorically remove its gown, remove the blinkers that the adversarial procedure imposes on the courts, roll up our sleeves as judges and get our hands dirty in the social processes that are necessary to attain the vision of our Constitution."
Advocate Nick de Jager, for the applicants, agreed and said the case "cries out for more active management" and the balancing of interests of all parties to attain, foster and encourage good neighbourliness.
'Collapse of law and order'
Advocate Johan de Waal, representing the friends of the court, argued a balance had to be struck between the interests of the homeless applicants and those of residents such as ratepayers.
He feared that if Judge Bozalek's order was extended, there might be civil disobedience by some people on the street thinking they could do what they want without consequences.
Judge Martin wondered where the evidence was for the collapse of law and order in the city since the order was granted in September.
The friends of the court include the Camps Bay Business Forum, ratepayers' associations for the City Bowl, Atlantic Seaboard, Sea Point, Fresnaye and Bantry Bay, and neighbourhood watches for Gardens and Green Point.
It is not yet clear when the case will resume.
View post:
- Modern Survival Manual Surviving the Economic Collapse - December 18th, 2016 [December 18th, 2016]
- What Explains the Collapse of the USSR? - E-International ... - January 13th, 2017 [January 13th, 2017]
- Where Should the External Priorities of the Visegrd Lie? - Visegrad Insight - February 7th, 2017 [February 7th, 2017]
- PH gov't, communists urged to pursue talks even without ceasefire - Inquirer.net - February 7th, 2017 [February 7th, 2017]
- New Texts Out Now: Helga Tawil-Souri and Dina Matar, eds. Gaza as Metaphor - Jadaliyya - February 7th, 2017 [February 7th, 2017]
- Kazakhstan Going Into Soft Power Overdrive - EurasiaNet - February 7th, 2017 [February 7th, 2017]
- Economic Crash 2017 and How the Next Financial Crisis Could Be Worse Than 2008 - Lombardi Letter - February 7th, 2017 [February 7th, 2017]
- Mass incarceration and the perfect socio-economic storm - OUPblog (blog) - February 7th, 2017 [February 7th, 2017]
- Give peace a chance, not 'all-out' war, say solons, Leftist Cabinet members - InterAksyon - February 7th, 2017 [February 7th, 2017]
- Celebrating Black History: Detroit Techno icons - Mixmag - February 7th, 2017 [February 7th, 2017]
- Why 'financial inclusion' may be the wrong terminology - NewsDay - February 8th, 2017 [February 8th, 2017]
- 'Conspiracy' in peace talks collapse seen - Inquirer.net - February 8th, 2017 [February 8th, 2017]
- 2017 and beyond: Future unpredictable - Zimbabwe Independent - February 10th, 2017 [February 10th, 2017]
- Zuma's interventions will deal with white monopoly capital - Office of ANC Chief Whip - Politicsweb - February 12th, 2017 [February 12th, 2017]
- Lobster crash erodes West Coast way of life - GroundUp - February 13th, 2017 [February 13th, 2017]
- Hopes remain for revival of peace talks - Manila Bulletin - February 13th, 2017 [February 13th, 2017]
- Lobster crash erodes West Coast way of life - News24 - February 15th, 2017 [February 15th, 2017]
- Financial Black Swans Could Rock 2017 Stock Market Forecast - Lombardi Letter - February 16th, 2017 [February 16th, 2017]
- Zimbabwe: A Crisis Unfolding - Zimbabwe | ReliefWeb - ReliefWeb - February 16th, 2017 [February 16th, 2017]
- 'Bumper harvest to stop aid politicisation' - Nehanda Radio - February 16th, 2017 [February 16th, 2017]
- Zimbabwe: A Crisis Unfolding - New Zimbabwe.com - New Zimbabwe.com - February 17th, 2017 [February 17th, 2017]
- Who We Play For saving lives through athlete heart screenings - Tallahassee.com - February 18th, 2017 [February 18th, 2017]
- Terrorist resurgence - Daily Times - February 18th, 2017 [February 18th, 2017]
- Seeing Sabon Tasha in new light - Daily Trust - February 20th, 2017 [February 20th, 2017]
- Facing tragedy with courage - The News International - February 28th, 2017 [February 28th, 2017]
- Socio-Economic Collapse | Prometheism.net - Part 3 - March 1st, 2017 [March 1st, 2017]
- Rethinking Nonviolent Resistance In The Face Of Right-Wing ... - Huffington Post - March 3rd, 2017 [March 3rd, 2017]
- Vladimir Putin Isn't a Supervillain - Foreign Policy (blog) - March 3rd, 2017 [March 3rd, 2017]
- First ceiling collapse at Charlotte Maxeke in January already, claim staff - News24 - March 3rd, 2017 [March 3rd, 2017]
- Rethinking Nonviolent Resistance in the Face of Right-Wing Populism - The Wire - March 4th, 2017 [March 4th, 2017]
- Historical Materialism Versus Historical Conceptualism - Dissident Voice - March 6th, 2017 [March 6th, 2017]
- World Bank, Sokoto Govt commit N9b for rebuilding of collapsed ... - THISDAY Newspapers - March 8th, 2017 [March 8th, 2017]
- Nigeria: Sokoto Govt and World Bank pledges $28.8million for rehabilitation of collapsed Dam - Ecofin Agency: Economic information from Africa - March 9th, 2017 [March 9th, 2017]
- Time for a rebirth of Zimbabwean politics - Bulawayo24 News (press release) (blog) - April 8th, 2017 [April 8th, 2017]
- This Brexit battle is cold, hard capitalism vs. civilised, co-operative order - The New European - April 8th, 2017 [April 8th, 2017]
- Swet Shop Boys: Why white skin is no longer a safety net - Deutsche Welle - June 6th, 2017 [June 6th, 2017]
- Impact of Prez Akufo-Addo's W/A tour on economy - Graphic Online - June 6th, 2017 [June 6th, 2017]
- Important meeting for our nation's future | Deniliquin Pastoral Times - Deniliquin Pastoral Times (registration) (blog) - June 8th, 2017 [June 8th, 2017]
- Creating a Better Economy with Data Science - Stanford Social Innovation Review (subscription) - June 8th, 2017 [June 8th, 2017]
- TB Joshua : 'Investigate Fani-Kayode's claims on Synagogue building collapse' - Analyst - Pulse Nigeria - June 11th, 2017 [June 11th, 2017]
- Integration and security: Estonia's Russian-speaking minority - New Eastern Europe - June 12th, 2017 [June 12th, 2017]
- Late Matanzima celebrated as a visionary- Education, development described as his legacy - Daily dispatch - June 16th, 2017 [June 16th, 2017]
- Prof. Guy Standing: Every country can afford Universal Basic Income - EURACTIV - June 16th, 2017 [June 16th, 2017]
- Climate, social equality also behind collapse of govt formation talks: Green leader - NL Times - June 17th, 2017 [June 17th, 2017]
- Country needs USDA Rural Development - Iowa Farmer Today - June 17th, 2017 [June 17th, 2017]
- The downgrade and retirement funds: what does it mean? - African Independent - June 18th, 2017 [June 18th, 2017]
- National priorities defy convention in St Lucia - St. Lucia Times News - St. Lucia Times Online News (press release) - June 20th, 2017 [June 20th, 2017]
- Use of harmful chemicals for fish preservation harmful to consumers - Ghana News Agency - June 20th, 2017 [June 20th, 2017]
- Use of harmful chemicals for fish preservation harmful to consumers ... - BusinessGhana - June 22nd, 2017 [June 22nd, 2017]
- Op-Ed: South Africa's central bank row points to dangerous levels of intolerance - CNBCAfrica.com - June 22nd, 2017 [June 22nd, 2017]
- Collapsed bridge cut off over 5000 residents in llorin - National Accord - June 22nd, 2017 [June 22nd, 2017]
- The Wonderful World of Binary Categorizations - Geopoliticalmonitor.com - June 23rd, 2017 [June 23rd, 2017]
- Dangerous levels of intolerance exposed in Reserve Bank row - Independent Online - June 23rd, 2017 [June 23rd, 2017]
- South Africa's central bank row points to dangerous levels of intolerance - eNCA - June 24th, 2017 [June 24th, 2017]
- Reserve Bank battle points to dangerous levels of intolerance - Mail & Guardian - June 26th, 2017 [June 26th, 2017]
- There is a strong economic case to preserve future of traditional fishing - Alfred Sant - Malta Independent Online - June 27th, 2017 [June 27th, 2017]
- Empowering Women in Developing Economies - HuffPost - June 30th, 2017 [June 30th, 2017]
- Is this the end of Daesh? - Arab News - July 2nd, 2017 [July 2nd, 2017]
- Nkomo could have saved Zim: Zapu - NewsDay - July 3rd, 2017 [July 3rd, 2017]
- Govt completes inspection 1.6 lakh bridges, plans new tech - Zee News - July 3rd, 2017 [July 3rd, 2017]
- Centre claims to have completed safety audit of 1.6 lakh bridges; to work on 147 dilapidated structures - Firstpost - July 3rd, 2017 [July 3rd, 2017]
- Collapse of UT and Capital banks A case of a collective national failure (Article) - Citifmonline - August 24th, 2017 [August 24th, 2017]
- UNZA vice-chancellor lays down marker - Zambia Daily Mail - August 24th, 2017 [August 24th, 2017]
- What Makes a Terrorist? - The New York Review of Books - August 24th, 2017 [August 24th, 2017]
- How the Collapse of Venezuela Really Happened - The ... - February 18th, 2018 [February 18th, 2018]
- Socio-Economic Collapse in the Congo: Causes and Solutions - October 3rd, 2018 [October 3rd, 2018]
- Sick Bees Part 18F8: Colony Collapse Revisited ... - April 25th, 2019 [April 25th, 2019]
- Classic Maya collapse - Wikipedia - April 25th, 2019 [April 25th, 2019]
- Great Civilizations Aren't Murdered, They Commit Suicide ... - May 5th, 2019 [May 5th, 2019]
- Dollar Collapse Predictions: What Will Happen When It Happens? - May 5th, 2019 [May 5th, 2019]
- 10 Steps to Prepare for Americas Economic Collapse - May 31st, 2019 [May 31st, 2019]
- Do you really think NDC faithful would ever condemn a coup dtat? - Modern Ghana - October 1st, 2019 [October 1st, 2019]
- Economic and Institutional Restructuring for the Next Nigeria - Soludo - Proshare Nigeria Limited - October 1st, 2019 [October 1st, 2019]
- ET CEO Roundtable: Build a wealthier nation with state help, industry execution - Economic Times - October 1st, 2019 [October 1st, 2019]
- Ghanaians could well face the wrath of God should they betray the Free SHS provider! - Modern Ghana - October 1st, 2019 [October 1st, 2019]
- The Return to Power of Local Hotel Brands? | By Robert Govers - Hospitality Net - October 1st, 2019 [October 1st, 2019]
- Brexit: Systemic Risk and a Warning - Resilience - October 1st, 2019 [October 1st, 2019]
- Why is Poland's Law and Justice party still so popular? - EUROPP - European Politics and Policy - October 1st, 2019 [October 1st, 2019]
- Presidential elections in Tunisia: who are the globalists betting on? - United World International - October 16th, 2019 [October 16th, 2019]
- Kevin Taylor, youre a reporter, not an opinionist; youre guided by the rule of impartiality! - Modern Ghana - October 16th, 2019 [October 16th, 2019]