Clean sweep of the poor is not constitutional

By Dennis Webster —

In its bid to rid the city’s intersections of beggars and traders, Jo’burg is criminalising the poor.

Since early February, the City of Johannesburg has been clearing intersections in the city of beggars, window washers, street traders and pamphleteers. The project, called Operation Ke Molao (It’s The Law), follows the rationale that people making a living at intersections engage in criminal activity and make the intersections unsafe for motorists. Despite being introduced as an anti-crime initiative, Ke Molao is not being carried out by the South African Police Service in terms of criminal law. Rather, it has been driven by the Johannesburg Metropolitan Police Department (JMPD), which has used bylaw contraventions such as “loitering” to clear these areas.

The JMPD and the city claim no arrests have been made in the operation, but window-washers and street traders who have been removed from the streets are being processed at police stations before facing a hefty fine or a court appearance.

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