LHR calls on the police to protect foreign nationals and foreign owned businesses in the pre-elections intimidation and attacks in Gauteng Province
Terrified foreign traders in several locations around Gauteng are closing their shops and businesses in the wake of the threats issued to them by the Greater Gauteng Business Forum. There are at least nine affected areas which include, Freedom Park, Ramaphosa, Kagiso, Ratanda, Motsoaledi, Katlehong, Diepsloot, Tembisa, and Orlando East. In the last few weeks, a group of local business people calling themselves the Greater Gauteng Business Forum (GGBF) and motivated by xenophobia has gone outside of the law to distribute eviction letters to all foreign owned businesses in townships across Johannesburg.
The GGBF has no authority to undertake these actions. The law does not empower private individuals to decide who is entitled to reside in the country or operate a business. Only the Department of Home Affairs is authorized to investigate whether a foreigner is residing legally in the country, while other states institutions are empowered to authorize and regulate business. Any concerns around these issues, must be referred to the relevant authorities. According to Kaajal Ramjathan-Keogh, head of the Refugee and Migrant Rights Programme at Lawyers for Human Rights, “The GGBF’s actions seem motivated less by concern over the legality of these businesses and more to do with self interest and xenophobic sentiment toward foreigners in South Africa”.
Lawyers for Human Rights is also concerned by the lack of a forceful police response, and possible involvement in the evictions. The police are tasked with protecting all persons in the country and this protection must extend to protecting foreign individuals from this kind of harassment and intimidation. Ramjathan-Keogh warned that, “Individuals and groups like the GGBF need to be aware that their actions are unlawful and they could face criminal sanctions if they decide to continue with these evictions, harassment and intimidation. We are very concerned that the police response in some instances has so far has given them a green light to continue their campaign of intimidation. We are aware that in Ramaphosa the police turned a blind eye to the unlawful actions of the GGBF and may even have assisted them with their intimidation campaign”.
Foreigners in these communities also have a responsibility to ensure that they are residing legally in the country and that their businesses are compliant with the laws of this country. But under the law, they also have a right to be free from unlawful harassment and intimidation, and to be protected by the police.
Lawyers for Human Rights calls on the police to uphold law and order in the affected locations where the Greater Gauteng Business Forum are threatening to displace foreigners and foreign businesses. Ramjathan-Keogh added that, “A failure to act upholds lawlessness and encourages individuals to take the law into their own hands whenever they deem it necessary. This sets a dangerous precedent that may affect South Africans as well as foreigners”.
For further enquiries please contact Lawyers for Human Rights:
Kaajal Ramjathan-Keogh, Head Refugee and Migrant Rights Programme, 011 339 1960
David Cote, Head Strategic Litigation Unit, 012 320 2943