Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town

dc.contributor.advisorMosaka, Tshepo
dc.contributor.authorNogwavu, Lelethu Sisakazi
dc.date.accessioned2023-04-13T07:52:19Z
dc.date.available2023-04-13T07:52:19Z
dc.date.issued2022
dc.date.updated2023-04-12T11:04:38Z
dc.description.abstractThis research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits begging, sitting, standing and lying in public places in the City of Cape Town. The overall argument made in this dissertation is that this prohibition is unconstitutional for the following three reasons: Firstly, it unlawfully interferes with homeless peoples efforts to maintain and build and decent life. Secondly, it disproportionally discriminates against black people. Lastly, it halts transformation in South Africa. Upon the findings of its analysis, this study aims to make recommendations and suggestions to improve the protection of homeless people in South Africa.
dc.identifier.apacitationNogwavu, L. S. (2022). <i>Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/37689en_ZA
dc.identifier.chicagocitationNogwavu, Lelethu Sisakazi. <i>"Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town."</i> ., ,Faculty of Law ,Department of Public Law, 2022. http://hdl.handle.net/11427/37689en_ZA
dc.identifier.citationNogwavu, L.S. 2022. Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/37689en_ZA
dc.identifier.ris TY - Master Thesis AU - Nogwavu, Lelethu Sisakazi AB - This research is a doctrinal study into Section 2(2), read with section 23, of the City of Cape Town's Streets Public Places and the Prevention of Nuisances By-law of 2007 and whether it violates the right to human dignity entrenched in section 10 of the Constitution. The provision prohibits begging, sitting, standing and lying in public places in the City of Cape Town. The overall argument made in this dissertation is that this prohibition is unconstitutional for the following three reasons: Firstly, it unlawfully interferes with homeless peoples efforts to maintain and build and decent life. Secondly, it disproportionally discriminates against black people. Lastly, it halts transformation in South Africa. Upon the findings of its analysis, this study aims to make recommendations and suggestions to improve the protection of homeless people in South Africa. DA - 2022_ DB - OpenUCT DP - University of Cape Town KW - Constitutional and Administrative law LK - https://open.uct.ac.za PY - 2022 T1 - Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town TI - Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town UR - http://hdl.handle.net/11427/37689 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/37689
dc.identifier.vancouvercitationNogwavu LS. Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town. []. ,Faculty of Law ,Department of Public Law, 2022 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/37689en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectConstitutional and Administrative law
dc.titlePunishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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