Foreign nationals head to court over trading permits in Limpopo

Foreign traders who run spaza shops in Limpopo on Tuesday asked the North Gauteng High Court for an order enabling them to operate in the province.

The asylum seekers and refugees claimed they were being deliberately prevented from running businesses in Limpopo.

The case concerns the right of refugees and asylum seekers to support themselves by operating businesses in South Africa. It also comes at a time when the Department of Trade and Industry is considering the Business Licensing Bill, which requires informal traders to register with municipal authorities. The bill could make foreign traders even more vulnerable to harassment from law enforcement agencies.

Kate Hofmeyr, counsel for five foreign nationals, the Somali Association of South Africa and the Ethiopian Community Association of South Africa, told the court the foreign nationals could not access the formal job market and that the only means available to them to earn a income while their asylum and refugee applications were being processed was by opening spaza shops.

She said their livelihoods were being negatively affected by the Limpopo economic development, environment and tourism department refusing to accept applications for trading licences, and a crackdown on illegal businesses known as "Operation Hardstick".

Ms Hofmeyr said although the department claimed it accepted and processed their applications, the department had failed to provide a single example of an asylum seeker whose trading permit application had been processed.

In their application, the foreign nationals and the two associations ask for an order requiring the department to accept applications for operating licences and to grant these without discrimination should the applications satisfy all the requirements.

She also said that the police were unable to provide, in the court papers, a single instance where Operation Hardstick was implemented against a South African citizen.

Counsel for the Limpopo economic development, environment and tourism department Zinzile Matebese said the court should not grant the request sought by the foreign nationals. He said the department had received numerous applications and those applications had been considered.

Isabelle Ellis, for the police minister and the Limpopo safety and liaison MEC, said the foreign traders were requesting the court to read into section 22 of the constitution that refugees and asylum seekers had rights under that section. Section 22 states that "every citizen has the right to choose their trade, occupation or profession freely".

Ms Ellis said foreign traders do not have such rights under section 22. The matter continues.