A day after the date set by the high court authorising Cape Town to evict homeless people who have set up homes in the CBD, shanty town dwellers still dug in their heels.
The standoff follows a 2022 court application lodged by the City of Cape Town to evict the residents. The city cited concerns over the hazardous conditions of their rickety structures, which allegedly put lives at risk.
The city argued that it could not provide essential services like water and sanitation and that the informal settlements posed a danger to motorists and pedestrians.
Despite offering emergency housing at shelters, the city claimed that the residents had declined the offer and that eviction was “just and equitable”.
In court papers, the city told the high court in Cape Town that the residents had been occupying the sites since April 2020.
The city seems to be removing black and coloured people from the CBD. They are bringing back the Group Areas Act
— Daluxolo Gxothiwe
The city could not evict them at the peak of the Covid-19 pandemic and waited until various restrictions had been lifted. The eviction application relates to seven sites occupied by between 150 and 200 people.
The court ruled in favour of the city in June but emphasised that the residents “have also had some success”. The city was ordered to provide the residents with alternative accommodation.
“The city shall ensure that those [residents] who take up the alternative accommodation at the Safe Spaces, who are in a partnership with another [resident], who require accommodation with their partner, are provided with accommodation for couples,” the judgment reads.
However, the court authorised the city, assisted by police, to evict those who refused alternative accommodation and demolish the structures. The city said the eviction of defiant residents could start after “12 August”.
But Daluxolo Gxothiwe, 63, said they would not leave the informal settlement around the historic Castle of Good Hope. He said about 100 people lived in the rickety structures.
Gxothiwe said the residents were unhappy because social workers had removed their children. At 12pm on Tuesday, a pungent stench wafted through the settlement, where dirty plastics littered the stream that winds its way around the Castle.
The absence of ablution facilities is starkly evident, with human faeces visible on the pavement. Inside the settlement, a diverse group of residents — heavily tattooed and pierced men and women — gather, smoking substances that emit a strong, acrid smell punctuated by the unmistakable aroma of dagga.
This tiny, makeshift community is a vibrant melting pot of cultures, with residents hailing from various parts of South Africa and further afield, including Zambia and DR Congo.
“I lived on the streets since 1981,” said Gxothiwe. “The city did not properly consult us. Before you evict someone, they say you must give them 90 days. It’s not me; it’s the law. Not everyone wants to go to the night shelters.”
Gxothiwe said he has spent most of his life between the prison and the streets. “Some of us want houses; we want our own places,” he said.
“We are adults and citizens of this country. People are refusing to go to the shelters because there are rules at the shelters. There are many bushes where they can build us houses. The city seems to be removing black and coloured people from the CBD. They are bringing back the Group Areas Act.”
However, the city said its “offer of dignified transitional shelter and social services remains available at all times for those who have not yet accepted”.
“Preparations are currently being made to evict any remaining unlawful occupants at the various sites, which can occur after 12 August as per the court order,” the city told TimesLIVE Premium.
“As is routine, when people vacate these sites, they will be requested to take all personal belongings. Where personal items are not claimed, these will be documented and stored at the city’s Ndabeni facility where they can be collected by the owner.”
The city said the informal dwellings pose myriad risks.
“Besides the impact on health, wellness and dignity of those unlawfully occupying public places, there are further knock-on economic and safety impacts. Public places must be open and available to all, no person has the right to indefinitely refuse offers of social support while reserving a public place as exclusively theirs.”
The city said the shanty dwelling near the Castle has affected tourism in the area. “The impact has been widely felt and can be confirmed by tour operators,” the city said.
Ndifuna Ukwazi is one of the NGOs that have been vocal about the rights of homeless people and has taken up several legal fights on their behalf.
Dr Jonty Cogger, an attorney at Ndifuna Ukwazi Law Centre, said that homeless people should not be penalised. “Ndifuna Ukwazi has advocated for street-based communities who have faced illegal evictions and dispossession by city law enforcement,” he said.
“We have pushed for decriminalising city bylaws that penalise homelessness and urged the city to implement effective social development measures. These include providing dignified transitional housing, creating affordable housing in well-located areas, and releasing state land to address the housing crisis.
“Although the city's recent reliance on court orders to evict homeless encampments aligns with the PIE Act, our concern is that this approach will only yield short-term results unless accompanied by comprehensive structural reforms that address the root causes of homelessness.”
The city said there was an upsurge in the number of homeless people in the CBD. “Information relayed via the recent census is that there are 6,630 persons living on the street in Cape Town,” it said.
“This represents an increase compared to the city’s last enumeration in 2018/19, which counted approximately 4,000 people living on the street and 2,000 in shelters.
“Please note these are the only two credible, primary sources of data which are based on actual operations to physically enumerate people living on the street.
“The census data does not provide the detail of the locations with the highest number of people living on the street. However, according to the 18/19 city enumeration, the major hotspots are CBD, Mitchells Plain and Bellville.”
The city said it funds “Safe Spaces” which offer dignified transitional shelter and social programmes to assist people off the streets sustainably, reintegrate them into society and reunite them with family.
“Personal development planning and employment opportunities are made available, as are referrals for mental health, medical and substance-abuse treatment,” it said.
Annually the city helps around 3,500 individuals with shelter placement or referrals to an array of social services, it said. In 2022/23 this amounted to:
- 2,246 shelter placements;
- 112 family reunifications and reintegrations;
- 1,124 referrals to social services; and
- more than 880 short-term contractual job opportunities via the Expanded Public Works Programme.
“Rehabilitation can only occur with the buy-in of occupants and cannot be forced upon them. It is a genuine service on offer to all those who wish to get on with their lives off the streets.”
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