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Our Reference: L Du Plessis / T Mugunyani 31 March 2020 To Land and Housing Unit Tel (012) 320 2943 Kutlwanong Democracy Centre 357 Fax (012) 320 6852 Visagie Street, Pretoria 0002 email:louise@communityla w.co.za Your reference: Our reference: L du Plessis / T Mugunyani 31 March 2020 To: Minister of Cooperative Governance and Traditional Affairs: Dr. Nkosazana Dlamini Zuma c/o Ms. Mandia Mbele, Ms. Pamela Salusalu and Mr. Thokozani Mhlongo Per e-mail: [email protected]; [email protected] [email protected] And to: Minister of Trade and Industry: Dr. Ebrahim Patel c/o Ms. Kagiso Motlhabi and Ms. Tshegofatso Masoga Per e-mail: [email protected]; [email protected]; [email protected] And to: Minister of Small Business Development: Ms. Khumbudzo Ntshaveni c/o Ms. Rudzani Nevhutshena and Ms. Sarah Mokwebo Per e-mail: [email protected]; [email protected]; [email protected] And to: Minister of Police: Gen. Bheki Cele c/o Ms. Sharon Gaehler, Ms. Nonkululeo Phokane and Ms. Reneilwe Serero Per e-mail: [email protected]; [email protected]; [email protected] And to: Minister of Defence and Military Veterans: Ms. Nosiviwe Mapisa-Nqakula c/o Ms. Joy Nonzukiso-Petera and Mr. Siphiwe Dlamini Per-email: [email protected]; [email protected] And to: State Attorney Pretoria [email protected] Dear Sirs/Madams, CONCERN REGARDING ILLEGAL TARGETING AND SHUTTING DOWN OF FOREIGN OWNED SHOPS 1 The above matter refers. 2 2 We write to you in respect of the regulations that inform the administration of the Lockdown which commenced on the 26th of March 2020 and which further inform the presence of the South African Police Services (SAPS) and South Africa National Defence Forces (SANDF) in communities throughout South Africa following the announcement of the National Lockdown. 3 We represent Scalabrini Centre of Cape Town (Scalabrini) a public interest organisation which assists migrant communities and displaced people including asylum seekers and refugees. Our client runs asylum seeker and refugee focused programmes across the various provinces related to documentation, legalisation, integration and development. Our client currently assists approximately 6 000 individuals each year. 4 We also represent the African Diaspora Forum (ADF), which is a consortium of migrant and refugee communities across South Africa. 5 As part of a civil society initiative to monitor and ensure protection of rights for all within our borders and to guard against any implementation of law that disproportionately affects impoverished communities and vulnerable individuals, Scalabrini and ADF have been collecting testimonies regarding the implementation of the regulations stemming from the declaration of the National Disaster relating to the corona virus pandemic. 6 Our clients have received complaints from their constituencies across various provinces, namely KwaZulu Natal, Eastern Cape and Gauteng with complaints regarding the manner in which the South African Police Service (SAPS) and South African National Defence Force (SANDF) have been carrying their duties in enforcing the Regulations. 7 We are advised that there has been a heavy-handed use of force and selective targeting of foreign owned spaza and grocery shops by SAPS and SANDF. This includes the closing down of spaza shops, the intimidation and assault of foreign owners and workers of spaza shops, seizing of goods and requesting of bribes for the release of their confiscated trading stock. 8 We are informed that in the Eastern Cape, our clients have received various complaints of foreign owned shops being forced to close as both SAPS and SANDF state that foreign owned spaza shops are not allowed to trade. Take note that this has been the same in 3 Kwa-Zulu Natal, with reported incidents of bribes requested by members of SAPS to return confiscated goods. In particular, we have been advised by Dahir Sahal Hassan that, on the evening of 28 March 2020, three members of the SAPS arrived at his business premises and instructed him to close his business because he was a foreign national. Despite displaying a certificate of authority to trade, they persisted that the store be closed. This occurred again on 29 March and 30 March 2020 respectively. A similar experience was endured by Said Ahmed Abdule. Both store owners recount a heavy-handed approach by members of the SAPS which cannot be tolerated in our constitutional democracy. 9 In an attempt to try and resolve the issue, Ahmed Mohammed, the Acting Chairperson of the KZN Somali Community Council, attempted to engage with the Umlazi Police Station Commander. No agreement could be reached. What is evident is that the conduct by members of the SAPS and SANDF cannot continue. 10 In Gauteng, there have been further reports of foreign owned spaza shops not being allowed to open and trade, even after shop owners produce their trading permits to prove the legitimacy of their businesses. In other instances, foreign-owned shops are only allowed to open for limited hours, e.g. 5am-9am. 11 We note that the regulations governing the Lockdown provided for in Government Gazette No. 43148 dated the 25th of March 2020, in Annexure B under categorisation of essential goods and services during lockdown regulation 11A, point 5, that grocery stores including spaza shops are regarded as essential services. 12 It is prudent to mention at this stage that no law prohibits or excludes foreign owned spaza shops from operating as part of essential services. There is a need for government to ensure that there is a fair and consistent enforcement of the Regulations. 13 In light of the above, we hereby urgently demand the following: 13.1 a declaration that foreign owned spaza and grocery shops are allowed to trade as stipulated in the Regulations; 4 13.2 an undertaking that both SAPS and SANDF will apply the regulations consistently amongst all spaza shops; 13.3 an undertaking that SAPS and SANDF will not illegally target or hinder trading of foreign owned spaza and grocery shops. 13.4 an undertaking that SAPS and SANDF ensure that all its members are informed of the above. 14 We request that you provide us with a written undertaking that the above demands will be implemented by 16h30 Wednesday, 1 April 2020, failing which we will proceed to approach the courts on an urgent basis for the relevant relief. Yours sincerely, Tarisai Mugunyani Lawyers for Human Rights [email protected]/[email protected] (*checked and signed electronically) .
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