My column this week was written under oath and I have sworn to tell “the truth and nothing but the truth, so help me God” in the presence of 34 homeless individuals and do so again to Taariq Halim, the editor of the Cape Argus.
This column is very important for two reasons.
The first is that the SA Human Rights Commission has been holding sessions to hear about the experiences of homeless people at the hands of law enforcement agencies and the fact that I did not testify before the commission.
This despite being one of the most important issues I have been highlighting since we formed the Strandfontein Homeless Action Committee (Shac), and which I testified to during the Inkathalo Conversations on Homelessness.
The second is that my column this week provides me with the opportunity to publicly give my own evidence.
Why did I not testify before the commission? Because the SA Human Rights Commission has for years, itself, failed the homeless.
Despite having received many complaints from homeless people, nothing was done by the commission and it permitted Strandfontein to happen.
The Human Rights Commission was accused by the City of Cape Town during the Strandfontein horror camp debacle of being politically motivated in its criticism of the City and its sudden interest in the homeless cause.
While I will never condone – and in actual fact strongly condemn the City of Cape Town for the 6 weeks that felt like 6 years of hell that they put myself and almost 1 800 other people through – I have to agree with the City.
The lack of action that we, as homeless people, have received from the commission since Strandfontein, despite promises to meet which were never honoured, the commission revealed its lack of interest in what homeless people were highlighting as serious violations of their rights.
Some of its monitors at Strandfontein have accused Ndifuna Ukwazi, the legal body that has fought most of the City vs the homeless fights since Strandfontein, of being “opportunistic” for becoming involved in these cases post-Strandfontein, as they had previously refused to represent Shac during our legal battle with the City to ensure the City continued to offer services to the homeless post-Strandfontein, citing that “homelessness was not their focus”.
Today, I accuse the SA Human Rights Commission of that which they accused Ndifuna Ukwazi of.
The behaviour and actions taken by some of its monitors in handling situations pertaining to homeless people this past year have also left no doubt in my mind that individuals use their work for the HRC as a means to an end.
Set up to protect the human rights of ALL South Africans, it has been severely lacking in responding to the serious abuses against homeless people.
This is my public submission of the treatment I was subjected to by these agencies. As I have a space limitations for my column, I will focus on isolated incidents that are examples of the inhumanity with which homeless people are often treated.
It was 4.55am on a cold and drizzling winter’s morning on the Grand Parade in Cape Town. I’d had a much-improved sleep in the new tent I’d bought only the day before and was packing the last of my four trolleys to the brim with goods that I traded with daily at my stall on the Grand Parade.
I had recently got a permit to trade on the Parade, having had to struggle with losing all my stock and possessions every few days due to Law Enforcement constantly confiscating my stock for trading without a permit.
I had slept at the very end of the Grand Parade the previous night, opposite the Castle, among those who regularly slept there because Wednesday was Market Day for traders and we started trading at 6am.
At 5.15am, I saw them arrive. The much-despised law enforcement vehicles and the large forklift truck. I wasn’t worried as my stock was already all packed up and my tent was down and I needed only to roll it up.
The convoy moved past 13 other structures, all fully erect with their incumbents asleep, and stopped where I had slept.
Without a word they started throwing everything – trolleys full of stock, my bedding, my tent containing my bag with my ID, cellphone, documentation, my clothes, everything – into the truck. I pleaded but it all fell on deaf ears. They ignored me and were laughing and making jokes.
My tent hung over the base of the truck and I walked to try and get my bag with my permit from it.
Two male members of Law Enforcement grabbed me and threw me to the ground. They both opened each of my eyes, each took out their pepper sprays and continued to empty the contents of each of their canisters in each of my eyes.
I was screaming in pain. They walked away, joined their female counterparts and continued to make jokes and laugh. I tried to open my eyes, but I couldn’t.
It was before 6am. I had no sight, no stock, no bedding, no clothes, no tent, no cellphone, no ID, no permit.
I heard their laughter in my head and suddenly I heard the voice of an ANGEL whispering in my ear and taking my hand.
“Carlos, don’t give up. We look up to you, you give us hope. You will be back soon.”
It was a young homeless man that I had hired to help me who had arrived to help me unpack my stall.
Today he would help me on to the mountain where I would stay for two weeks, unable to move.
This was but one of my many senseless encounters with Law Enforcement officers while I, Carlos Filipe Mesquita, lived on the streets of Cape Town.
* Carlos Mesquita is a homeless rights activist.
** The views expressed here are not necessarily those of Independent Media.
Do you have something on your mind; or want to comment on the big stories of the day? We would love to hear from you. Please send your letters to [email protected].
All letters must have your proper name and a valid email address to be considered for publication.