ACJR Submission to the City of Cape Town

Proposed by-law amendments

On 15 May 2020, ACJR made a submission dissuading the City of Cape Town from implementing a bill seeking to provide law-enforcement officers with more powers to limit the rights of marginalized groups. The submission noted that the Constitution does not empower municipalities to legislate for policing-type powers, and that the proposed invasive policing powers, which limit rights, do not pass the test of the limitations clause in that it has not been demonstrated that the limitation of rights is reasonable, rational and proportionate in relation to the harm being addressed, which in this case is the infringement of bylaws.

Year: 2020
Resource Type:
Submission/Statements
Themes:
Petty Offences
Human Rights
Policing
Region:
Africa
Country(ies):
South Africa
People Groups:
Activists
Children & Youth
Disabilities
Drug Users
Homeless
Informal Traders
LGBTQIA+ persons
Migrants/Refugees
Poor
Racial/Ethnic/Religious/Caste Minorities
Sex Workers
Women
Approach:
Advocacy
Law Reform
Policy
Campaign Partner:
Africa Criminal Justice Reform