There is an informal settlement growing beneath the Andries Pretorius Street bridge. I have raised this matter with the relevant authorities on several occasions, but it appears no-one is willing to act.

For the past seven weeks, occupants of the settlement have been polluting the river and its surrounding environment.

I emailed ward councillor Norman McFarlane to detail the problem. I have included his response, in which he states, in essence, that little can be done due to the legal constraints of the Prevention of Illegal Evictions Act (PIE) Act.

We do not need another Broadway Road or Castle of Good Hope informal settlement situation developing here.

Grant Alexander

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Ward 84 councillor Norman McFarlane responds: “Complaints about illegal occupation on City of Cape Town-owned land in Somerset West are not new. The area beneath the Andries Pretorius Street bridge forms part of a broader pattern of encampments along the banks of the Lourens River – stretching from the Main Road bridge down to the railway line above School Street.

“Homelessness, in itself, is not a crime, and the City is legally bound to follow due process before any eviction can take place.

“Because of the Prevention of Illegal Evictions (PIE) Act, it has become legally impossible to simply remove people who squat on City-owned land.

“In terms of the PIE Act, each individual occupant must first be served with a Section 56 notice by Law Enforcement, while the City’s Social Development Services simultaneously engages with each person to explore alternatives such as access to a safe space, family reunification, or reintegration into mainstream society.

“Only once this process has been meticulously documented can the City approach the Western Cape High Court for an individual eviction order, a process that can take several months.

“I want to caution against a common misconception: that eviction orders granted elsewhere in the city – such as those recently executed at the Greenpoint Tennis Courts and around the Cape Town Castle – automatically apply to other areas. They do not.

“Separate court orders must be obtained for each location and each individual. The City faces an additional challenge in that the population of illegal occupants tends to shift between areas, meaning the entire statutory process must begin from scratch whenever this occurs.

“On the question of pollution and environmental management: this falls under the jurisdiction of the City’s Stormwater Catchment and River Management and Environmental Pollution Control departments.

“There is no timeline for the removal of illegal squatters, as we are dependent on due process being followed in terms of the PIE Act, and the City’s court application is subject to the timing of the high court roll.

“Let me also take the opportunity to correct an error in the reader’s letter and clarify that the relevant legislation is the PIE Act – not the POPI Act, as was suggested by the writer.

“I wish to appeal to residents to refrain from providing food, building materials, tents, or money to illegal occupants, as such support prolongs the problem.

“Instead, I urge residents to direct donations to institutions such as the Somerset West Night Shelter or the Homeless Support Centre in Strand.

“The statutory processes required to obtain eviction orders for occupants along the Lourens River banks are currently under way.”

Francine Higham, Mayoral Committee member for Community Services and Health, responds to queries on those living under the bridge:

“The City’s Street People Programme Unit is aware of the individuals residing under the Andries Pretorius Street bridge in Somerset West.

“An intervention was conducted on Sunday 7 May, during which social support services were offered. Assistance was provided to those who were willing to accept it.

“The team continues to engage with individuals at this location daily, with the aim of building trust and encouraging them to access available support programmes to encourage sustainable pathways off the street, including shelter placement and social reintegration services.

“If you would like to report a homeless person in distress or if you need help accessing services for street people, call the City’s dedicated call centre on 0800 872 201.”

Zahid Badroodien, Mayoral Committee member for Water and Sanitation, responds on littering concerns:

“Bridges and culverts along the Lourens River are routinely cleaned mechanically to remove silt and rocks that accumulate after high river flow and heavy rainfall.

“The current Capital Project for Lourens River Phase 1 entailed extensive earthworks and reshaping the river channel, both upstream and downstream of the Main Road bridge.

“Significant dredging operations have already been done to ensure the system has enough hydraulic capacity and to mitigate potential flooding risks.

“Litter, debris and vegetation are removed continuously based on operational needs. Most of the litter and debris collects at the overflow culverts east of the Main Road River Bridge, primarily due to increased activity related to rough sleepers in the area.”