Our submission highlights problematic municipal by-laws that have the effect of criminalising urban poverty, and entrenching discrimination and social-economic marginalisation. These laws are relevant to the SALRC’s call for submission on the basis that they:
- have their origin in colonial and apartheid era legislation;
- exist across the country and are apparent in the municipal by-laws of most, if not all, of South Africa’s major metros; and
- violate constitutionally protected rights, and in particular:
- equality and non-discrimination
- freedom from arbitrary arrest and detention.
- We recommend that the SALRC conduct an investigation into these by-laws, and make a proposal to government that they be repealed.