Buskers still being targeted in CBD

Xolani Koyana

BUSKERS are still getting a tough time from law enforcement officers in the CBD despite the city promising to repeal a restrictive two-decade-old street musicians policy more than a year ago.

In August last year, a month after Lunga Goodman Nono was violently removed by law enforcement officers from his usual busking spot in St George’s Mall, the city announced it would make amendments to the Informal Trading by-law.

Under the new regulation buskers would be allowed to perform between 10am and 6pm, as opposed to the current by-law which restricts them to performing between 12.45pm and 2pm.

The incident in which Nono was assaulted and his guitar smashed later resulted in the city being ordered by the Cape Town Regional Court to pay R300 000 in damages to 51-year-old Nono. The city is appealing the court’s ruling and the matter is expected to be heard later this month.

But artist Lungile Maninjwa, 50, said he and guitarist Sydney Holo were constant targets of removals. He said buskers were forced to play for just over an hour, but many of them defied the rule.

“You can’t say I must play for an hour. This is how I make my living,” Maninjwa said.

He said they had limited access to channels where they could raise concerns about victimisation.

Holo, 63, said he was not aware the city was reviewing the policies. “No one tells us anything. All they care about is removing us

.”

Portrait painter Don Hartley believed there “was too much control over buskers”. “The way things are going they are taking away people’s rights to make a living.”

Mayco member for tourism, events and economic and development Garreth Bloor said amendments to the informal trading by-law were yet to be approved. He said the public arts management framework first had to finalised and clarity was also sought on the by-law buskers would fall under.

Meanwhile, the director for safety and security, Richard Bosman, confirmed the city had brought an application to have September’s judgment set aside. The city was waiting a date for the matter to be heard.

Karusha Iyer, of Kirsten Attorneys, the law firm representing Nono, said the city was dragging its feet on the matter.

Iyer said the city’s application to rescind the judgment was to be heard yesterday, but the city failed to file papers with the court. The city is appealing the previous decision on the basis that it has a witness who says Nono was not assaulted.

Attorney Aadil Kirsten said: “It is just a tactic by the city to delay the matter.”

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