Homeless shunted from pillar to post in ongoing court litigation

The battle over the last remaining homeless people at Cape Town’s Strandfontein temporary shelter has ended following an order granted in favour of the City of Cape Town.

In terms of the order granted on Thursday 21 May by Western Cape High Court Judge Robert Henney, the 33 individuals who took the City to court were immediately removed from the site and transported to a provincial quarantine facility in Melkbosstrand.

The court also ordered that another 96 individuals must, no later than 31 May, be accommodated at a safe place for homeless persons currently being established by the City at the Culemborg site in the CBD. Once the Culemborg site is completed the City will facilitate and provide transport to the site.

The ruling comes after Lawyers for Human Rights, representing the 33 individuals against the City, withdrew from the matter.

Sanja Bornman, of the LHR, explained that a draft order had been reached and legal representatives for the City had given people at the site the option of going back to the streets, or moving to a shelter or Culemborg, which will be ready at month-end.

The draft order was prepared and signed by Judge Henney, making it an order of the court. On Wednesday the action homeless people had originally sought from court, dramatically changed within a matter of hours.

Bornman explained that what the homeless people had originally sought had not been contained in the draft order before the court. As a result of these legal technicalities, LHR withdrew from the matter. Borman underlined it was completely understandable that their clients’ initial instruction had completely changed in view of what had transpired on Wednesday.

Also on Wednesday, the City’s Mayoral Committee Member for Community Services and Health, Zahid Badroodien, told Maverick Citizen the original closing date for the Strandfontein site had been delayed by a few days as a result of a positive Covid-19 case linked to the venue.

Hours later, the situation changed at the camp according to Carlos Mesquitta, spokesperson for the Homeless People Committee. He said at 5pm on Wednesday, camp manager Vivian Henry had informed people that 33 individuals would be moved to Lagoon Beach Hotel and placed in quarantine.

“Those who didn’t want to go to shelters and opted to go back to the streets were told they could not get on to a second bus to take them to a shelter. What was said contradicted the draft order before court. Nowhere did it stipulate that people must be forced to go to shelters,” Mesquitta said.

However, the trip to the Lagoon Hotel by Mesquitta and 32 others did not end well. Upon arrival at the venue, they were told that no arrangements had been finalised. The bus transporting the homeless then made its way to the Melkbos Cultural Centre. Again, here they were informed by management that no arrangements had been made.

“After sitting for two hours in the bus the law enforcement officers told the driver to take us back to Strandfontein. When we arrived back at Strandfontein those who refused to go to shelters were also at the site,” said Mesquitta.

About 123 people remained at the site and were demanding that the City place them in quarantine. One woman who recently tested positive for Covid-19 was a member of the committee and had been in contact with other members, said Mesquitta.

“We as committee members were in contact with all individuals. Releasing us without being placed in quarantine would be dangerous and irresponsible,” he said.

Meanwhile, a matter between the City and the South African Human Rights Commission and 10 others that was meant to commence before Judge Siraj Desai also on Wednesday, 20 May, was postponed because the lawyer for the amicus curiae (friend of the court) has himself tested positive for Covid-19.

The SAHRC contends that the humanitarian response to the needs at the site had been “woefully inadequate and appalling”. Monitors compiled a report containing numerous violations including overcrowded, squalid conditions with little access to vital information with regard to the numbers of people, tests and the results of these tests.

The City argued, in its original application for an interdict, that regulations did not permit Western Cape Human Rights Commissioner Chris Nissen to appoint monitors and accused the SAHRC of “threatening behaviour” and “spreading misinformation.”

Nissen reiterated it was imperative the trial continued, adding that the SAHRC wanted to prove they had a constitutional right to accredit monitors at sites throughout the country.

“This was a golden opportunity for the City of Cape Town to use their resources to find a sustainable developmental programme for street people, and they let it slip through their hands,” Nissen concluded.

In a separate matter, Judge Henney granted an interim interdict against the City, preventing it from evicting homeless people from the Singabalapha Informal Settlement in Observatory.

In terms of the interdict, there may be no harassing of residents and no confiscation of residents’ goods and property. 

The application for a permanent interdict will be heard on 3 June. The litigation came after law enforcement officers arrived on 20 May and issued bylaw fines of R300 per person or R1,000 per person for refusing to leave. DM/MC