Homeless people in Stellenbosch can now be fined at least R500 if they sleep on the street or even set up a shelter along the road. This comes after the Stellenbosch Council approved the new Roads and Streets Bylaw last month.
The bylaw on the prohibition regarding behaviour in public also stipulates that no person may sleep on the street, along the road or on the sidewalk, overnight or build a shelter.
But, says Stellenbosch Municipality, this bylaw is not aimed at fining homeless residents at all. “Rather, it is to ensure there are actionable measures in place to guarantee that law and order be maintained and that repeat offenders of various offences are held responsible,” said municipal spokesperson Stuart Grobbelaar.
“Our streets, sidewalks and other public spaces belong to all residents and must be regulated spaces that are safe, clean, hygienic and conducive to economic activity. Responsible management of our streets, sidewalks and other public spaces drives urban renewal and ensures that our towns continue to create jobs and attract investment.”
Grobbelaar added the Stellenbosch council approved the new Roads and Streets ByLaw following a full public-participation process on 24 August 2021. To give effect to Section 43 of the bylaw the Delegations and Admission of Guilt Fines were adopted by council on 23 February 2022.
He said Municipal Law Enforcement (not Saps) will always issue warnings to individuals instead of issuing fines. The issuing of fines will be a last resort.
The bylaw regulates various offences, including:. Encroachments on streets, pavements and walkways;. The obstruction of traffic in any manner;. Illegal dumping;. Illegal parking;. The use of explosives and firearms;. Goods or building materials causing obstructions;. Public indecency – such as urinating or defecating in a public area;. The erection of advertising posters without permission;. The damaging or removal of trees and other plants;. The damaging or removal of road traffic signs and street names; . Erecting illegal structures in a public space;. Sleeping on a public road or pavement;. Races or sporting events on a public road or pavement;. Loitering, harassing or using abusive, threatening or blasphemous language.
“The municipality has a progressive indigent policy to assist our most vulnerable residents and we also play a leading role in the Give Responsibly campaign that we launched more than three years ago. Through this campaign, in partnership with Heartflow and various other partners, hundreds of homeless residents have been provided with a safe place to sleep with access to food and social services.”
In addition, he says, “the municipality provides substantial grants to the Stellenbosch Night Shelter annually to support the homeless and destitute in our town. The municipality’s Community Development Department is also planning a workshop on homelessness and the various services that the municipality and other stakeholders have available to support homeless individuals in our area.”
