Begging at traffic lights is illegal in this South African city

Beggars are a common sight in South Africa, despite Johannesburg by-laws stating that it’s illegal and a punishable offence.

This is according to Johannesburg’s Public Roads By-Law, 2024, Chapter 2, section 10, which states:

“No person shall, without the council’s permission, on any public road, cycle lane, or sidewalk, in any way loiter, solicit, inconvenience, or harass any other person for the purpose of begging.”

Based on this, there should technically be no beggars on the streets of South Africa, as the police should be acting to prevent it.

However, the rates of begging have grown to staggering levels in recent years, and the police have done little to stop this beyond just telling them to move.

The reason for this unfortunate situation can be traced to the shockingly high unemployment rates, with the City of Johannesburg’s (COJ’s) official unemployment rate currently sitting at 34.5%, slightly more than the already very high national average of 32.9%.

A recent StatsSA report, A Profile of Homeless Persons in South Africa, showed that the number of homeless people in South Africa has more than quadrupled between 1996 and 2022, growing from 13,145 to 55,719.

Johannesburg accounts for 15.6% of the homeless population, second behind Tshwane, which hosts the largest share at 18.1%.

StatsSA’s research also found that most of the homeless indicated that their current circumstances were due to economic factors such as unemployment or a lack of affordable housing.

This then places the police department in a difficult position, where officers technically must enforce the anti-begging law but also must recognise that in most cases the beggars’ circumstances are due to broader social problems outside their control.

Social issues

The by-laws prohibiting begging were created through the department’s mandate to ensure traffic flow and prevent crime.

This is as many criminals using begging as a cover for smash-and-grab.

“These by-laws aim to ensure the public safety and the free flow of traffic. Activities like begging, unsolicited windscreen washing, and illegal trading at traffic intersections are targeted because they are linked to an increase in opportunistic crimes,” said Xolani Fihla, spokesperson for the JMPD.

The spokesperson also noted that motorists are frequently vulnerable to such attacks, especially as many beggars use children as “begging bait”.

This not only violates the begging by-laws but also violates a child’s human rights.

In cases such as these, the department works with the COJ Social Development Department’s social workers to attend to the well-being of the children.

Therefore, with the need to manage traffic flow, prevent opportunistic crime, and protect children’s rights, there has never been a greater need to address the issue.

However, the department faces an uphill battle, as Fihla noted, the by-laws are rarely ever enforced.

“Enforcement of municipal by-laws on public roads can result in penalties, but at most times, people who are begging are just removed,” he said.

He also noted that the JMPD doesn’t force beggars to pay penalties or push for further punishments because the department recognises the issue as socio-economic rather than purely crime-driven.

“This is driven by poverty, unemployment, and a lack of social security, which goes far beyond the scope of a police department,” said Fihla. 

He concluded that a long-term solution to the begging crisis needs an inter-departmental drive focusing on job creation, welfare, and social support systems.