Lucien Lewin, director, Dingley Marshall Inc
An order was granted by the Western Cape High Court, on Thursday September 5, which had been agreed upon between the applicants and the City of Cape Town, in terms of which the City undertook to desist and refrain from certain conduct, inter alia, the interfering with or confiscation of personal property belonging to the applicants and other homeless people within the City of Cape Town, and harassing or abusing the applicants and any other homeless people in the City of Cape Town, in ostensible reliance on certain by-laws (“Case between homeless and City postponed”, CapeTowner, September 5).
Unfortunately, we have received numerous complaints from homeless people in the City, including the applicants, that the City has not been complying with the terms of the court order, as set out above.
We have therefore been instructed to institute an urgent application holding the City, the Executive Mayor Dan Plato, the Mayco member for safety and security JP Smith and the Executive Director: Safety and Security Richard Bosman in contempt of court.
The relief claimed against the respondents includes the the committal of Messrs Plato, Smith and Bosman to prison for a period of 30 days, which committal is suspended until the final determination of the application for an interim interdict in this matter.
The suspension of the committal to prison is subject to the City complying with the
court order going forward.
The hearing of this application for contempt of court is to be set down in the Western Cape High Court for today, Thursday September 26.
While our clients regret having to take such action, this has become necessary given the persistent violation of the court order, to the prejudice of our many homeless neighbours in this city.
Wayne Roux, acting director for safety and security, responds:
The City notes the application and we are looking into it.