Bylaw regulating access to beach and foul language has Capetonians swearing to resist

It was an “inexchangeable principle” that the beach was “accessible public space”, said a committee member for the planning appeals advisory panel, Marian Nieuwoudt.

However, the wording of the bylaw in its current form hands the city potentially draconian powers, including the ability to prevent access to a beach, determine what times the public could access a beach, or charge a fee for access to the beach. This could be decided by a single authorised official. It also allows for an “authorised official” to issue a fine for use of “foul or indecent language”.

Oelofse said the sections of the bylaw that allow the city to control access to the beach is only in case of an emergency or accident, or where safety measures need to be put in place if there is a stranded whale, for instance. He said references to an authorised official preventing access, determining times of access, or charging for beach access, refer to existing city-managed coastal facility or camping sites such as Soetwater or Silverstroom.

Section 16 of the new bylaw is unlikely to be adhered to by most Capetonians and visitors to the city.In its current wording, the city could prohibit surfers from paddling out when there were large swells if it deemed the sea too dangerous.

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