WATCH: Cape law officials confiscate homeless people's belongings despite court order

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Cape Town - A video posted on social media showing officers confiscating the possessions of homeless people in Bothasig and harassing them has brought the issue back into the spotlight after the court barred law enforcement officials from doing so. The incident was believed to have occurred last week. Good party general secretary Brett Herron has written a letter to the mayor urging him to take action against the two officers involved in the incident in the video. “Besides being in contempt of a court order,” the party wrote to mayor Dan Plato, “the City’s attitude and conduct is immoral because the conduct of being homeless cannot be unlawful in the absence of alternative accommodation.” Last year, the City landed in hot water after it emerged that law enforcement officials were issuing fines to homeless people.

An interdict was sought by seven homeless people who were fined by the City for sleeping rough.

In December last year, the Western Cape High Court extended the interdict pending further discussions between the opposing parties in a bid to find an amicable solution.

To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video A video showing officers confiscating the possessions of homeless people in Bothasig and harassing them has brought the issue back into the spotlight. Video: Facebook

The interdict prohibits the City from harassing or abusing homeless people, or interfering with or confiscating their personal property.

In the letter written to the mayor by Herron, he said: “The Constitution protects the right to freedom and security of the person”, including the right “not to be treated or punished in a cruel, inhuman or degrading way.

“The City’s conduct, and continued reliance on by-laws that are subject to review for their constitutionality is in contempt of a court order and amounts to cruel, inhuman and degrading punishment.

“I call upon you to immediately publicly confirm your government’s commitment to abiding by the court order, respecting the judiciary and the rule of law, and honouring the South African Constitution,” Herron said.

In reaction, Plato said: “The City is in the process of appealing the order made by (Judge Bernard Martin) and continues to function within the parameters of the court order.

“The operations which are taking place are lawful and within the parameters of the law. I attend many community meetings every month during which the general public insists that the City continue to enforce its by-laws.”

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