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:
Petty Offences
Human Rights
South Africa
People Groups:
Children & Young People
People with Disabilities
People who use Drugs
People experiencing Homelessness or live in informal settlements
Informal Workers
LGBTQIA+ persons
People affected by Displacement (including migrants and refugees)
People experiencing Poverty
Black, Indigenous and People of Color (BIPOC)
Sex Workers
Women and Girls
Law Reform
Policy Reform
Campaign Partner:
Africa Criminal Justice Reform