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Unhoused individuals' experiences of being policed in Cape Town

The present study departed from a conversation in the South African literature on the discriminatory application of by-laws to criminalise vagrancy-related behaviour and displace the unhoused. A comparative lack of interest has been given to how exactly the unhoused experience being policed, and whe...

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Main Author: Ackermann, Jo
Other Authors: Kriegler, Anine
Format: Thesis
Language:English
Published: Department of Public Law 2024
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access_status_str Open Access
author Ackermann, Jo
author2 Kriegler, Anine
author_browse Ackermann, Jo
Kriegler, Anine
author_facet Kriegler, Anine
Ackermann, Jo
author_sort Ackermann, Jo
collection Thesis
description The present study departed from a conversation in the South African literature on the discriminatory application of by-laws to criminalise vagrancy-related behaviour and displace the unhoused. A comparative lack of interest has been given to how exactly the unhoused experience being policed, and whether this can be explained by by-law enforcement. To address this, focus groups were conducted with 28 formerly unhoused individuals who have lived on the streets of Cape Town and are now housed by community-based organisation, Streetscapes. Participants were asked about experiences of being policed, and their understandings of officers' behaviour. Their responses indicate a range of experiences, from brutal, humiliating and unjust encounters that were indicative of a lack of respect for the unhoused on the part of law enforcement, to kind and fair, rooted in empathy for their situation. The varied nature of the incidents goes beyond the enforcement of by-laws and reflects the views and choices of officers (and the residents and politicians from whom they sometimes receive instructions). The implications of these findings are therefore that policing unhoused people needs to be understood both within and outside of a legal framework. This should nuance the debate on how best to help the unhoused enjoy their rights, as an exclusive focus on reviewing discriminatory legislation may ignore factors such as personal bias and a willingness to use violence by law enforcement, and a lack of broader governmental, institutional and public support. Paying greater attention to this could ultimately shape interventions and thus more effectively address the homelessness problem in Cape Town (and perhaps elsewhere).
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:31:50.330Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher Department of Public Law
publisherStr Department of Public Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/40776 Unhoused individuals' experiences of being policed in Cape Town Ackermann, Jo Kriegler, Anine Moult, Kelley Public Law The present study departed from a conversation in the South African literature on the discriminatory application of by-laws to criminalise vagrancy-related behaviour and displace the unhoused. A comparative lack of interest has been given to how exactly the unhoused experience being policed, and whether this can be explained by by-law enforcement. To address this, focus groups were conducted with 28 formerly unhoused individuals who have lived on the streets of Cape Town and are now housed by community-based organisation, Streetscapes. Participants were asked about experiences of being policed, and their understandings of officers' behaviour. Their responses indicate a range of experiences, from brutal, humiliating and unjust encounters that were indicative of a lack of respect for the unhoused on the part of law enforcement, to kind and fair, rooted in empathy for their situation. The varied nature of the incidents goes beyond the enforcement of by-laws and reflects the views and choices of officers (and the residents and politicians from whom they sometimes receive instructions). The implications of these findings are therefore that policing unhoused people needs to be understood both within and outside of a legal framework. This should nuance the debate on how best to help the unhoused enjoy their rights, as an exclusive focus on reviewing discriminatory legislation may ignore factors such as personal bias and a willingness to use violence by law enforcement, and a lack of broader governmental, institutional and public support. Paying greater attention to this could ultimately shape interventions and thus more effectively address the homelessness problem in Cape Town (and perhaps elsewhere). 2024-12-18T07:04:38Z 2024-12-18T07:04:38Z 2024 2024-12-18T07:01:08Z Thesis / Dissertation Masters MPhil http://hdl.handle.net/11427/40776 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Public Law
Ackermann, Jo
Unhoused individuals' experiences of being policed in Cape Town
thesis_degree_str Master's
title Unhoused individuals' experiences of being policed in Cape Town
title_full Unhoused individuals' experiences of being policed in Cape Town
title_fullStr Unhoused individuals' experiences of being policed in Cape Town
title_full_unstemmed Unhoused individuals' experiences of being policed in Cape Town
title_short Unhoused individuals' experiences of being policed in Cape Town
title_sort unhoused individuals experiences of being policed in cape town
topic Public Law
url http://hdl.handle.net/11427/40776
work_keys_str_mv AT ackermannjo unhousedindividualsexperiencesofbeingpolicedincapetown