THE owner of a clothing store in Berea, Umesh Gobar, is at his wit’s end as homeless people have congregated at the corner of Sandile Thusi Road and Mathews Meyiwa Road, right on the doorstep of his business. Gobar says he’s been dealing with this issue since 2002. “We call the police, they come, they chase the people away and then, a few hours later, they’re back. Something that is really concerning me is that I’ve seen people burning things right outside my business, and I have very flammable items in my store.”

“It’s driving away business – people get intimidated seeing people gathered right outside, doing nothing, just standing around,” said Gobar. Gobar has reached out to the Lower Morningside Community Policing Forum for assistance. “This has been a major issue for a long time, and the children begging at the robots on Argyle Road (Sandile Thusi Road) are not these women’s children – these children are hired. When we intervene, the women immediately discard the children and tell the police and authorities to take them away because they are not their children,” said Gary Manthe, the Lower Morningside CPF chairman.

“There is a constant garbage build-up. It is never clean; it is never clear of people; there are people urinating and defecating, bathing and drinking, doing all kinds of things right outside my business that I’ve spent years putting money, time and daily effort into,” said Gobar.

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ACCORDING to Ward 27 councillor Ernest Smith, this is where the Department of Social Development needs to come in. “The police officers’ hands are tied – they have to abide by the law and follow the Child Act. The minute there’s a minor involved, it becomes a very difficult situation. These children are rented – they are in between the traffic all day long, and they’re tiny. Unfortunately, people have to stop giving these children money because it’s only enabling the women who hire them, keeping this mass of people here.”

Municipality responds 

According to eThekwini Municipality’s spokesperson Gugu Sisilana, the enforcement of the Nuisances and Behaviour in Public By-law is not new, and enforcements have been ongoing for years. “The by-law clearly states that no person may approach any pedestrian or a person inside a motor vehicle on any public road or public road intersection or any other public place for the purposes of begging from such pedestrian or person in a motor vehicle,” said Sisilana.

“It is therefore illegal to solicit money by begging in our city, whether by adults or children. The exploitation of minors is particularly a crime against children, which would have to be reported to the South Africa Police Services, as well. We encourage the public to report these instances when they see them to our 24-hour communication centre on 031 361 0000 or SAPS 10111 for immediate responses,” said Sisilana.

Sisilana said that begging is a by-law offence, and people arrested for this offence are taken to the nearest police station, and the matter then no longer falls within the municipality’s jurisdiction. “In the instance where minors are involved, the matter would need to be reported to the relevant provincial departments, such as the Department of Social Development, so they can intervene.”

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“The fine for begging is R200. By-law offenders are processed by the courts and not eThekwini Municipality. An offender would therefore have to state their case to the magistrate. This then becomes a matter for the courts to resolve as the magistrate makes the final decision. You will have to enquire with the Justice Department on what alternative punishment or action is imposed on them by the court of law,” said Sisilana.

Sisilana said the intersection is regularly cleaned. “As part of daily operations, street sweeping is undertaken at Mathews Meyiwa and Sandile Thusi roads. This also includes litter picking as well as the clearing of litter bins. The vicinity has high foot traffic and is on the high-priority list.”

“The Cleansing and Solid Waste Unit (CSW) requests residents to report those who are illegally dumping waste to authorities or CSW law enforcement on 031 311 8804,” she said.

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