October 1, 2014
Legal challenge against the unlawful closure of immigrants' businesses
The Lawyers of Human Rights (LHR) appeared in court last month to challenge the unlawful closure of asylum seekers and refugees' businesses by the ministers of police, home affairs and labour. The challenge seeks to protect the right to work and trade as refugees and asylum seekers in South Africa, as stated in the refugee law.The police launched an operation last year named "Operation Hardstick", shutting down businesses in Limpopo which were operating without the required business permits. As such, more than 600 businesses were closed down and foreign employers and employees were also arrested.
Somali Association of South Africa, the Ethiopian Community of South Africa and others were rejected by the North Gauteng High Court last year in their application seeking to bar the closure of their businesses.
The LHR, which represented the foreigners, gathered sufficient observations which found the police actions discriminatory. The closure of the businesses came after the rejection by the authorities to allow asylum seekers and refugees to set up businesses due to their status. Moreover, the Operation only targeted the foreigners, while South African businesses which did not possess the required permits were not affected. The Operation thus indicated unfair treatment towards the refugees which contradicts Section 22 of the South African Refugee Act.
Thus the LHR appealed this year against the dismissal of the case, as many asylum seekers and refugees are still suffering from the Operation. The closure of businesses has caused many foreigners to fall into financial duress as they have no means to support themselves financially.
It is hoped that a fair ruling that is aligned with the protection of the rights of asylum seekers and refugees could be made.
Subscribe to:
Comments
(
Atom
)
