ConCourt judges warn against xenophobia

The court found that the differentiation served a ‘national purpose’, according to Business Day. Writing for the majority, Acting Judge Dumile Kondile said the Act was designed to limit eligibility for registration to people whose trustworthiness could be objectively verified. He said SA citizens and permanent residents would be more easily able to prove their trustworthiness in terms of the Act. ‘That is not to say that foreign nationals, including refugees, are inherently less trustworthy than South Africans. In a country where xenophobia is causing increasing suffering, it is important to stress this,’ Kondile said. In a concurring judgment, Judge Albie Sachs said if refugees were treated as intrinsically untrustworthy, then xenophobia was given a boost and constitutional values were undermined. In a dissenting judgment by judges Kate O’Regan and Yvonne Mokgoro, the effect of discrimination against refugees was discussed. ‘Excluding refugees from the right to work as private security providers simply because they are refugees will inevitably foster a climate of xenophobia which will be harmful to refugees and inconsistent with the overall vision of our constitution,’ the judges said. Full Business Day report Judgment (PDF file)