UKZN Law Students Work Towards Protecting Plight of Homeless

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The Homeless community of Durban are amongst the most marginalised and vulnerable communities in the city.

This is according to Raymond Perrier, Director of the Denis Hurley Centre.

Over the years, said Perrier, there have been various complaints by the homeless of systematic police brutality that has taken place in the Durban Metropolitan area at the hands of eThekwini Municipality Metro Police and officials. These complaints ranged from allegations of theft of belongings, destruction of property and abductions by the police.

That is why UKZN Street Law students have decided to “take a stand against such atrocities” in a bid to protect the vulnerable and uphold the rule of law.

The Street Law Programme is part of the UKZN Law School’s LL B degree and aims to educate the public on their human and constitutional rights. This programme is directed towards those who are the most vulnerable in our society, in poor communities, workers, young people at risk with the law, street workers as well as the homeless and incarcerated. The programme is used as a tool to empower these individuals by enabling them to become more legally aware and equipped with knowledge to defend their own rights.

The Street Law Programme has partnered with the Denis Hurley Centre in order to document reports of police brutality against the homeless community in Durban, and human rights violations they experience. Street Law students also run workshops with homeless people to educate them on their rights regarding criminal and civil law, and what to do when they are confronted by the police.

Perrier said the Denis Hurley Centre is the largest centre that caters to the homeless in KZN; providing freshly-cooked meals, counselling, work opportunities, a free clinic, washing machines, an internet café and many other services to assist the homeless and get them back on their feet. Because a large portion of the community visit the centre, the Street Law students believed it to be the best place to collect witness statements.

Over the course of the year, the students have documented several cases of police brutality. According to Buhle Skhosana, one of the Street Law students working with the homeless, there have been more than 40 documented cases this year alone. These range in severity, and include assaults that resulted in emergency hospital attention being needed. Thembaluthu Shange, another Street Law student, has documented reported allegations of police abducting homeless individuals from Durban as part of city “clean up” operations, and dropping them off in either Pietermaritzburg or Margate so that they are removed from the city for the few days it takes them to walk back to the streets they call home. It was noted that it appears such “clean up” operations occur during international conferences and events.

Other cases, according to Street Law student Nesiphiwo Magwaza, include allegations of destruction of ID books, clothing and collected recycling goods which are usually tossed into DSW trucks as the police make their sweep of the city of every week, explicitly targeting the homeless community.

‘This project has taught the students that the enjoyment and protection of human rights cannot be taken for granted, but need to be defended. I hope they are also learning about the importance of legal education and social justice activism, and the role that they can play in bringing about a more just and equal society”, said Janine Hicks, Street Law lecturer at UKZN School of Law.

Words: Yassin Osman