OP-ED: Court gives glimmer of hope to street people and the homeless By Willene Holness and Janine Hicks
Ngomane & others v City of Johannesburg Metropolitan Municipality & another
This decision should not be surprising, considering that courts have consistently found similar conduct unlawful.2015 SA 165 , the Durban High Court declared the Metro Police’sIn 2009, the Durban High Court granted an interdict against enforcement of permit requirements for barrow operators in Warwick junction under the by-laws when the vaunted Early Morning Market was slated for redevelopment as a mall.
It also gives them impunity as to who to arrest, detain, abuse and remove vulnerable members of society, confiscate and destroy their property, without following due and fair procedure extended to other citizens, simply because they can get away with it. This is unlawful discrimination and a violation of the right to equality and dignity.
The question remains: How do cities accommodate all categories of citizens and respect the rights of informal traders, homeless people, street children and sex workers?
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