HCM urged to ‘get tougher’

DURBAN seems to be adopting America’s famous ‘broken window theory’ by introducing tough new fines, even for misdemeanours like begging.

Now, why not the South Coast?

Hibiscus Coast Municipality spokesman Simon April said there were by-laws in place anyway, but DA councillor Doug Watson countered that they weren’t enforced.

Local businessmen in particular now feel the time is ripe for local law enforcement to copy the ‘broken window theory’ which was introduced by social scientists in America in 1982.

The New York City Police Department even went so far as to ‘stop, question and frisk’.

Business people felt a similar approach might reverse the obvious urban decay creeping into many areas on the South Coast, Margate being right up there among the worst examples.

The general idea is to create an atmosphere of order and lawfulness, thereby preventing more serious crimes from happening.

The debate at local level comes after Ethekwini Metro Municipality implemented new tight ‘Nuisances and Behaviour in Public Places’ by-laws which can earn transgressors a hefty fine of R40 000 or two years in prison.

“Durbanites will have to be on their best behaviour,” said Ethekwini Municipality’s spokesman, Tozi Mthethwa.

Metro Police and other officials are currently being trained to enforce the by-laws relating to ‘public nuisance behavior’, overgrown vegetation, hanging washing in view of the public, noise, litter, etc.

“Abusive, threatening or foul language or gestures will not be tolerated in public. Neither will fighting, urinating or defecating. The public will not be allowed to bathe or wash in public, unless it is religious or cultural ceremony and permission has been granted,” said Mr Mthethwa.

The consumption of liquor or being drunk in public would be a definite no-no. No one would be allowed to lie down or sleep on any bench, street or pavement in a manner that prevented other people from using it.

Begging for money or goods with gestures and words was also banned.

Asked for comment on Durban’s ‘get tough’ stand, spokesman Simon April said the HCM had its own by-laws.

“However, council has resolved that these will be reviewed after the forthcoming amalgamation with the Ezinqoleni Municipality.”

He did not rule out HCM considering going the same route as Durban, but said this would need to be studied first.

DA councillor Watson said he didn’t see the point. “Most by-laws aren’t enforced anyway.” This included by-laws governing building regulations and town planning.

“HCM uses relevant sections of the by-laws to enforce the law. However, once there is a contravention it takes a very long time and legal expense before we attain a court order with specific demands for action. Then it seems to die there!”
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