Supreme Court of Appeal lays down the law regarding the rights of assylum seekers and refugees. --------------------------------------------------------------------------------------------------- Who knows the trials and tribulations that assylum seekers and refugees undergo daily in South Africa. It takes almost three, at times five years, before their status is processed and either confirmed or denied. In that period they are often subjected to exploitation by unscrupulous people. Many of them are business orientated and quite a few are professionals as well . I met and spoke to a man, who told me he was formerly a lawyer from Somalia, in Durban employed as a car guard. Its humiliating and offensive to their human dignity that, given our international obligations they should be treated so callously in the interim by the authorities constitutionally entrusted with the task of processing their status claim. For instance, there is a legal. constitutional and international obligation to protect them from abuse and exploitation by for example, allowing them to conduct business and subsist on their own volition instead of succumbing to exploiters and abusers or being a rain on our ecoonomy. I dont have the stats, but on a few ocassions I saw foreign nationals in court facing criminal charges and, having spoken to one lawyer representing them pro bono, I was told that they were refugees who, having landed in SA could find no support and so turned to criminal elements to subsist instead of begging. Given no protection or help they often trade, illegally, on the streets to members of the public and they are often harassed by police authorities and have their goods confiscated and arrested as well. These are the types of refugees and assylum seekers I am referring to. Of course their those economic migrants or parasites who dont deserve the same level of compassion and protection as the former deserve and I am not concerning them. I reiterate that quite a few are business oriented as well as professionals and who given the chance can hold their own given the opportunity. Remember I am referring to them being allowed to legally conduct business and operate in South African [whilst their status is being processed by the authorities]. A few months ago,I saw blazing headlines in a Gauteng based but nationally circulating newspaper of police raids reminscent of apartheid era heavy handedness, against street vendors most of whom were such refugees and assylum seekers. Our Supreme Court of Appeal reminds us of our obligations, especially our governments obligations vis-a-vis refugees and assylum seekers. The case of [Somali Association of South Africa v Limpopo Department of Economic Development, Environment and Tourism ZASCA 143 (26 September 2014).] it held that Asylum seekers and refugees’ had an entitlement to apply for licences to trade in spaza and tuck-shops and that there was no blanket prohibition against self-employment either in terms of the Constitution or applicable legislation . Section 22 of the Constitution was not a bar and that the right to dignity was implicated It considered the vulnerable position of asylum seekers and refugees in the light of South Africa’s international obligations. I will not let xenophobists or peope lacking the will to engage government and society from holding sway by remaining apathetic or reticent about it. This is so wrong and unacceptable Read this judgment on the website of saflii.org.za for yourself. Dont take my word or feelings for it. Saber Ahmed Jazbhay Saturday 27.9.2014
Posted on: Sat, 27 Sep 2014 04:44:30 +0000
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