Business Day

Mashaba must help all evictees

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The trouble with Johannesbu­rg mayor Herman Mashaba is that he often doesn’t know what he is talking about. But like other politician­s in the Trumpian mould, that doesn’t stop him talking.

Mashaba’s comments over the past week about housing and foreigners are wrong because they do not have a basis in fact; and they are in conflict with the Constituti­on. They are, however, very worth discussing, as the problems of housing, the inner city and migration are all difficult and increasing­ly intractabl­e problems, which need better solutions. An indispensa­ble place to start, though, is with the facts. Mashaba has made two points: the bad buildings in the inner city have many foreign inhabitant­s. In his mission to clean up these buildings and expropriat­e, sell or develop them, the tenants will be evicted. He says the city is not responsibl­e for providing emergency housing for evicted foreigners.

Second, he says, the city’s meagre resources – its housing budget – will not be used to provide housing for foreigners. These resources are for South Africans only, he says.

The Constituti­on says that “everyone has the right to adequate housing”. It does not distinguis­h between citizens and anyone else. The courts have reinforced this interpreta­tion with judgments that compel city authoritie­s that evict residents to provide emergency housing for everyone.

The National Housing Code, which flows from the National Housing Act, says a similar thing. Its policy binds the city specifical­ly to provide emergency housing for citizens and foreigners alike.

On the allocation of government-subsidised housing, the code is less generous. The most common form of statesubsi­dised housing, the RDP house, is reserved for South Africans and permanent residents, it says. But it is silent on other types of housing that draw on government funds: social housing, which usually comprises rental units; institutio­nally subsidised housing; and the upgrading of informal settlement­s. As Mashaba has indicated that the backbone of his housing policy will be the upgrading of informal settlement­s and the provision of new rental stock — which he has implied will be privately owned — much of what he plans to do will and must be available to foreigners too.

While he can call on the Department of Home Affairs to process and remove those who are undocument­ed and illegal, foreigners whose documents are in order are free to live on his doorstep and, under some conditions, at his expense.

While these are the facts, the outcome is not necessaril­y a good one for SA and here it is possible — although politicall­y very incorrect — to have some sympathy for Mashaba and the many ordinary South Africans who in the past week have called in to radio shows and so on to support him.

SA has a dysfunctio­nal migration policy that has allowed millions of economic migrants to enter and stay in the country under the guise that they are seeking political asylum. Asylum seekers are legal migrants up until the time that their case is adjudicate­d. As the system is bogged down by the weight of tens of thousands of applicatio­ns, this can take years.

Accompanyi­ng the large influx of migrants over the past two decades has been the breakdown of law and order in parts of SA, in particular in the inner city. For years, a situation has been tolerated in which criminals have been able to hijack buildings and extort ridiculous rentals from the most vulnerable, both local and foreign. Along with this, and the breakdown in law and order, have come all sorts of other crimes: human traffickin­g, drug traffickin­g and extortion.

These are big and difficult problems that the antiforeig­ner ranting of an emotional and uninformed mayor does little to solve and much to worsen.

FOREIGNERS WHO ARE DOCUMENTED ARE FREE TO LIVE ON HIS DOORSTEP AND AT HIS EXPENSE

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