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South Africa decisions
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Masuka v Tshwane Metropolitan Municipality (1751/2021) [2021] ZAGPPHC 49 (28 January 2021)
Urgent interdict refused: the applicant failed to show a clear right to camp outside the UNHCR office or the absence of an alternative remedy.
Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014) [2014] ZASCA 143; 2015 (1) SA 151 (SCA); [2014] 4 All SA 600 (SCA) (26 September 2014)
The Supreme Court of Appeal held that there is no blanket prohibition in the Constitution or applicable legislation against asylum seekers and refugees seeking self-employment or applying for business licences. Section 27(f) of the Refugees Act entitles refugees to seek employment, which is not limited to wage-earning employment. The right to dignity is implicated when refugees and asylum seekers are denied the ability to earn a living, leading to destitution and humiliation. The court found that the relevant licensing legislation does not exclude foreign nationals, as asylum seekers and refu…
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