The City of Cape Town is clarifying its stance following reports that a sand sculptor, Lanele Xaba, at Fish Hoek Beach was allegedly arrested for operating without a permit, stating for the record that no arrest took place and no permit was required.

The City is aware of reports in circulation about the treatment and alleged arrest of Xaba, but the City says they were not “approached for comment” on the issue before the news was reported, Mayco Member for Safety and Security JP Smith confirmed with People’s Post.

Reported complaints

Smith explained that Law Enforcement officers were called to assist with moving Xaba as work was taking place at Fish Hoek Beach on Friday 17 July.

“Work was taking place at the beach, but the sand sculptor, Xaba, refused requests to move,” he said.

The beach manager had also informed officers that there had been ad hoc complaints from the public that his sculpting caused sand to blow in the wind, creating a nuisance to others, Smith adds.

“Law Enforcement officers engaged with Xaba as well as a member of the public who was advocating for him. The gentlemen were requested to make their way to the beach manager’s office to further discuss the issue,” he said.

The City emphasised that this was not a permit issue, although officers did explain to Xaba and the member of the public how permits work.

No fines were issued on the day and Xaba was not arrested by Law Enforcement.

People’s Post has tried contacting Lanele Xaba for comment.

Smith said the City had since ascertained that Mr Xaba was taken into custody by police on Friday 26 June on an unrelated matter as well as on a warrant of arrest.

No permit needed for sand art

Mayco Member for Community Services and Health Francine Higham clarified that no permit is required to build sandcastles or create sand art on the beach, and no permit is required for busking.

“While the City’s busking guidelines require performers to move to a new location every 45 minutes, this is not practical for sand artists, whose work often takes much longer to complete,” she said.

Instead, the Recreation and Parks Department has an informal arrangement with sand artists.

They are asked to build only medium-sized sculptures and to flatten them at the end of each day. This helps prevent dried sand from blowing onto walkways, parking areas and other public spaces, she said.

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