{"id":{"repo_id":"cape-town","oai_identifier":"oai:open.uct.ac.za:11427/37689"},"canonical_url":"https://search.dev.ndltd.org/etd/cape-town/oai:open.uct.ac.za:11427/37689","repository":{"repo_id":"cape-town","name":"University of Cape Town","base_url":"https://open.uct.ac.za/oai/request"},"display":{"title":"Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town","abstract":"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.","abstract_html":"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.","abstract_has_math":false,"creators":["Nogwavu, Lelethu Sisakazi"],"institution":"Department of Public Law","degree_name":null,"degree_level":null,"degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":["Mosaka, Tshepo"],"committee_chairs":[],"committee_members":[],"year":2022,"date_issued":"2022","date_published":"2022","updated_at":"2026-07-22T22:23:24Z","subjects":["Constitutional and Administrative law"],"languages":[],"rights":[],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"http://hdl.handle.net/11427/37689","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor.advisor","label":"Advisor","values":["Mosaka, Tshepo"]},{"key":"dc:creator","label":"Author","values":["Nogwavu, Lelethu Sisakazi"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2023-04-13T07:52:19Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2023-04-13T07:52:19Z"]},{"key":"dc:date.issued","label":"Date","values":["2022"]},{"key":"dc:publisher.department","label":"Dc Publisher Department","values":["Department of Public Law"]},{"key":"dc:type","label":"Dc Type","values":["Master Thesis"]},{"key":"dc:type.qualificationlevel","label":"Dc Type Qualificationlevel","values":["Masters","LLM"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Constitutional and Administrative law"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.uri","label":"Identifier URI","values":["http://hdl.handle.net/11427/37689"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["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."]},{"key":"dc:title","label":"Title","values":["Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town"]}]}],"canonical_facts":{"dc:contributor.advisor":["Mosaka, Tshepo"],"dc:creator":["Nogwavu, Lelethu Sisakazi"],"dc:date.accessioned":["2023-04-13T07:52:19Z"],"dc:date.available":["2023-04-13T07:52:19Z"],"dc:date.issued":["2022"],"dc:description.abstract":["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."],"dc:identifier.uri":["http://hdl.handle.net/11427/37689"],"dc:publisher.department":["Department of Public Law"],"dc:subject":["Constitutional and Administrative law"],"dc:title":["Punishing the homeless: The constitutionality of the criminalisation of homelessness in the City of Cape Town"],"dc:type":["Master Thesis"],"dc:type.qualificationlevel":["Masters","LLM"]},"updated_at":"2026-07-22T22:23:24Z"}