Motsoaledi slams municipalities for not enforcing by-laws when handling refugees

Home Affairs Minister Aaron Motsoaledi has lashed out at municipalities for failing to enforce their by-laws to deal with the refugee crisis. Picture: Courtney Africa/African News Agency(ANA)

Home Affairs Minister Aaron Motsoaledi has lashed out at municipalities for failing to enforce their by-laws to deal with the refugee crisis. Picture: Courtney Africa/African News Agency(ANA)

Published Mar 10, 2020

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Cape Town - Home Affairs Minister Aaron Motsoaledi has lashed out at municipalities for failing to enforce their by-laws to deal with the refugee crisis.

Motsoaledi was briefing the Home Affairs Portfolio Committee on Tuesday morning to discuss the protests by refugees in Cape Town and other parts of the country. 

“I must point out that while the events in Cape Town and Pretoria unfolded, I addressed a letter to the President of the South African Local Government Association (SALGA) in which I expressed strong sentiments of disapproval of the failure of the City of Johannesburg, City of Tshwane and City of Cape Town to enforce by-laws. 

“I urged the Mayors of three municipalities to enforce their by-laws as it became clear that they were reluctant to do so, in cases involving foreign Nationals,” Motsoaledi said.

The minister claimed the municipalities have been “hiding behind Home Affairs”. 

Refugees embarked on a protest action in the City of Tshwane in October last year, a gathering started outside the United Nations High Commissioner for Refugees (UNHCR) as the days went by the crowd increased around the Brooklyn area. 

The residents of Brooklyn and Waterkloof reported the matter to the police and the City of Tshwane.

Home Affairs Minister Aaron Motsoaledi has lashed out at municipalities for failing to enforce their by-laws to deal with the refugee crisis. Picture: Marvin Charles/Cape Argus

In November last year, the residents approached the High Court in Pretoria the Department of Home Affairs was cited as party to the court proceedings. According to the minister, during court proceedings, the City of Tshwane adopted an attitude that the issue of foreign nationals falls squarely on the shoulders of the department. 

“We disagree, mainly because the issue of enforcement of by-laws falls under the jurisdiction of the City of Tshwane,” he said.

Refugees in Cape Town who were forcibly removed earlier in March have now decided to squat outside the District Six Museum.

Chaos ensued after the group who were living outside the Central Methodist Mission in Greenmarket Square were forced to leave after an interdict was granted to the City of Cape Town to have its by-laws enforced.

The group then made its way to an open field in District Six but was removed with force by the City’s metro law enforcement officers. The refugees, who were forced to flee their homes last year, have spent nearly six months on the streets of Cape Town.

“The court heavily criticised the City of Cape Town for failing to enforce its by-laws and particularly failure to effect arrests by the metro police. Instead, the City tried to shift the blame to the department. We hope that the judgment serves as a wake-up call to the City to vigorously enforce its by-law,” Motsoaledi said.

The City’s executive director for safety and security Richard Bosman also gave presentations to the committee explained that the refugee situation has made it difficult for the City.

“I'd like to clarify we did enforce our by-laws. The reason why the City went to court is because we wanted further relieve. We are considering going to court again,” he said.

%%%twitter https://twitter.com/hashtag/Refugees?src=hash&ref_src=twsrc%5Etfw">#RefugeesMinister: "Municipalities are duty bound to enforce bylaws and discharge their statutory and constitutional duties and responsibility accordingly. Other than passing the buck to Home Affairs." @IOL @TheCapeArgus

— Marvin Charles (@MarvinCharles17)

%%%twitter https://twitter.com/hashtag/Refugees?src=hash&ref_src=twsrc%5Etfw">#Refugees @CityofCT is up next to brief the portfolio committee. Executive Director for Safety and Security Richard Bosman will be doing presentations. @IOL @TheCapeArgus

— Marvin Charles (@MarvinCharles17)

%%%twitter https://twitter.com/hashtag/Refugees?src=hash&ref_src=twsrc%5Etfw">#Refugees @CityofCT Richard Bosman says: "One of the risk is that if we provide these residents with housings every back yarder within the City will be staging similar protest action. Housing is a massive problem in the City." @IOL @TheCapeArgus

— Marvin Charles (@MarvinCharles17)

%%%twitter https://twitter.com/hashtag/Refugees?src=hash&ref_src=twsrc%5Etfw">#Refugees @Refugees: "Many refugees have made a living in the country. We understand some of the refugees are subjected to physical and sexual abuse while on this protest. Some of the refugees have homes to go back too." @IOL @TheCapeArgus

— Marvin Charles (@MarvinCharles17)

@MarvinCharles17

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Cape Argus

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