Foreigners may operate spaza shops - judgment

Friday's judgment made it clear that asylum seekers and refugees - who are legally in the country - were entitled to apply for permits to run spaza shops. Judge Mahomed Navsa had strong words for the police and the government, saying they should 'guard against unwittingly fuelling xenophobia'. The report says the judgment concerned a police initiative called 'Operation Hard Stick' meant to close down unlicensed spaza shop owners in Limpopo. More than 600 businesses were closed, even some that did have licences. 'The description of the police operation can hardly be said to be a public relations coup,' said Navsa. 'The appellants asserted that the police often extort bribes and do not act against SA-owned businesses, who are similarly not licence compliant.' While the Constitution does limit the right to choose one's occupation or trade to citizens, this did not trump the right to dignity, said Navsa. 'There is no trump card when constitutional rights are considered alongside each other,' he is reported to have said. In circumstances such as these, where traders had no other way to support themselves, 'and will as a result be left destitute', the constitutional right to dignity became relevant. Full Business Day report (subscription needed) Somali Association of South Africa v Limpopo Department of Economic Development, Environment and Tourism (48/2014)