Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town
This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits begging...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2023
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613328424042496 |
|---|---|
| access_status_str | Open Access |
| author | Nogwavu, Lelethu Sisakazi |
| author2 | Mosaka, Tshepo |
| author_browse | Mosaka, Tshepo Nogwavu, Lelethu Sisakazi |
| author_facet | Mosaka, Tshepo Nogwavu, Lelethu Sisakazi |
| author_sort | Nogwavu, Lelethu Sisakazi |
| collection | Thesis |
| description | This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits begging, sitting, standing and lying in public places in the City of Cape Town. The overall argument made in this dissertation is that this prohibition is unconstitutional for the following three reasons: Firstly, it unlawfully interferes with homeless peoples efforts to maintain and build and decent life. Secondly, it disproportionally discriminates against black people. Lastly, it halts transformation in South Africa. Upon the findings of its analysis, this study aims to make recommendations and suggestions to improve the protection of homeless people in South Africa. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37689 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:23.309Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37689 Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town Nogwavu, Lelethu Sisakazi Mosaka, Tshepo Constitutional and Administrative law This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits begging, sitting, standing and lying in public places in the City of Cape Town. The overall argument made in this dissertation is that this prohibition is unconstitutional for the following three reasons: Firstly, it unlawfully interferes with homeless peoples efforts to maintain and build and decent life. Secondly, it disproportionally discriminates against black people. Lastly, it halts transformation in South Africa. Upon the findings of its analysis, this study aims to make recommendations and suggestions to improve the protection of homeless people in South Africa. 2023-04-13T07:52:19Z 2023-04-13T07:52:19Z 2022 2023-04-12T11:04:38Z Master Thesis Masters LLM http://hdl.handle.net/11427/37689 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Constitutional and Administrative law Nogwavu, Lelethu Sisakazi Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| thesis_degree_str | Master's |
| title | Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| title_full | Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| title_fullStr | Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| title_full_unstemmed | Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| title_short | Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town |
| title_sort | punishing the homeless the constitutionality of the criminalisation of homelessness in the city of cape town |
| topic | Constitutional and Administrative law |
| url | http://hdl.handle.net/11427/37689 |
| work_keys_str_mv | AT nogwavulelethusisakazi punishingthehomelesstheconstitutionalityofthecriminalisationofhomelessnessinthecityofcapetown |