City of Cape Town files court papers in a bid to defend its by-laws which affect the homeless

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Homeless people have launched applications in the Western Cape High Court and the Equality Court challenging the constitutionality and discriminatory impact of City’s by-laws.

Attorney Jonty Cogger, of activist organisation and law centre Ndifuna Ukwazi, said it had taken the City six months to file its answering affidavit in the case, which was launched in March.

“What I find quite disingenuous is that while they were taking time to deliver their answering affidavit, which would have resolved the issue that a lot of homeless people have to deal with the by-laws, the City has continued enforcing the contested by-laws against homeless people which led to the two cases, in Green Point and District Six.

Cogger said the City had appealed every judgment against it in which the court declared the dispossession of tents and makeshift structures unlawful. He said there were seven other cases in which the Western Cape High Court had declared the removal, dispossession and confiscation of the structures and tents of homeless people unconstitutional.

 

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