Homeless community lays bare abuse suffered under Cape law enforcement agencies

Structures belonging to homeless people in Mitchells Plain dismantled by City law enforcement and police. File Picture: Ayanda Ndamane/African News Agency (ANA)

Structures belonging to homeless people in Mitchells Plain dismantled by City law enforcement and police. File Picture: Ayanda Ndamane/African News Agency (ANA)

Published Oct 20, 2022

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Cape Town - Emotions ran high at the SA Human Rights Commission’s hearing as homeless people testified about the ongoing abuse they suffer at the hands of law enforcement agencies.

Some residents from Mamre and Atlantis spoke about the emotional and physical scars, injuries and discrimination they have suffered.

The third day of the hearing concluded with the testimonies of homeless people associated with Hope Exchange, and transgender sex workers under the Sweat banner.

The hearings follow what the Commission termed a systemic issue it noted in the conduct of the police, City law enforcement and private security companies during evictions of unlawful occupiers and interactions with homeless people in the province.

Use of vulgar and discriminatory language, physical and sexual assault, confiscation of personal belongings, and dismantling of structures were some of the violations the homeless people claimed to have suffered.

SA Rights Commission legal officer and panellist Nondzukiso Magazi and SA Human Rights Commissioner Chris Nissen: Picture: Mthuthuzeli Ntseku

Transgender sex worker Aqueela Gatshu, testified City law enforcement officers made her strip off her clothes to show them her genitals to ascertain whether she was a woman. Gatshu said this left her traumatised with no trust in law enforcement agencies.

Another transgender sex worker, Gulam Saamyman, said on many occasions the police would arrest them, drive them around for hours, then drop them off in the middle of the night outside the city.

He also told of instances during which police would parade them at the police station and ask for “sexual favours” in return for their release. He said in many instances no charges were laid.

Asked whether criminal cases were opened against these law enforcement officers, he said the homeless seldom laid charges as most of them lacked knowledge of their human rights and were discouraged by police stations or threatened by the officers harassing them.

Zelda Johnson, who broke down during her testimony, said the trauma caused by the frequent seizure of personal belongings and structures was unbearable. Most of the elderly homeless people whom she assisted told her they would rather die on the streets than be admitted to shelters, she said.

Commissioner Chris Nissen said the Commission, over time received several complaints from different communities, especially where there were unrest and protests, land invasions, and complaints about the alleged use of excessive brutal force by law enforcement agencies.

Describing the public submissions as sad and heartbreaking, Nissen said the Commission would make a proper assessment of the complaints raised against the City, Police, CCID and PSiRA, had made representation within the next two weeks.

A report would then be drafted in which stakeholders would be allowed to comment before recommendations were implemented.

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