A social justice organisation has called on the City of Cape Town not to implement a proposed amendment to a by-law, while a research institute has said it could have constitutional implications.
On April 17, the City published its Draft Amendment to the Streets, Public Places and the Prevention of Noise Nuisances By-law.The streets by-law prohibited certain actions including to beg, stand, sit or lie, urinate, bath or wash, sleep overnight or erect any shelter in a public space.
A researcher at the Dullah Omar Institute, Jean Redpath said the proposed amendment had constitutional implications. Redpath said that the law required that any limitation of a right must be in terms of a law of general application, to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom, taking into account all relevant factors.
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