Homeless people ask judge to find Dan Plato and JP Smith in contempt of court
20 September 2019
An urgent application by seven homeless people to have Cape Town’s Mayor, a member of the Mayoral Committee and the City’s head of safety and security imprisoned for 30 days for contempt of court will be heard in the Cape High Court on 26 September.
Lawyers acting for the seven will argue that Mayor Dan Plato, Mayco member for Safety and Security JP Smith, and Cape Town’s executive director of Safety and Security, Richard Bosman, are in breach of a 5 September court order in which the City of Cape Town undertook not to confiscate their personal property or to harass or abuse them.
The order also extended this undertaking to include other homeless people living on the streets of Cape Town. The seven had gone to court after accusations of sustained harassment and fining of street people in Cape Town using the 2007 Streets, Public Places and the Prevention of Noise Nuisance and the 2009 Integrated Waste Management bylaws.
Lawyers acting for the City argued at the time of the first urgent application that there was not sufficient time to respond. Instead, they negotiated an agreement, which was then made an order of the court. It was intended to remain in force until the matter could be heard in November.