The Citizen (Gauteng)

High court rules against hawkers

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Ilse de Lange

The High Court in Pretoria has overturned an interdict obtained by a group of informal traders to stop the Tshwane Metro Police Department from harassing them.

Four of the hawkers, who say they represent the Tshwane Barekishi Forum, in May obtained an interim order against the metro police from harassing forum members and seizing their goods pending the finalisati­on of an applicatio­n to force police to inform hawkers in writing where their goods were taken.

The City of Tshwane opposed the applicatio­n, saying the court should not condone the unlawful action of hawkers who refused to be registered, traded without licences and ignored the city’s bylaws. Judge Nomsa Khumalo will give her ruling next week.

The hawkers have accused the city of imposing unfair and unconstitu­tional conditions when renewing licences by limiting their trading hours and denying them a chance to state their case.

They said this had caused many of the forum members to go back to selling in the streets without licences and accused the metro police of harassing and intimidati­ng them and resorting to violence when they tried to protect their goods.

The city’s metro police chief Johanna Nkomo said in an affidavit the hawkers lacked authority to litigate against the city; obtained an interdict without even notifying the municipali­ty; and failed to provide proof of their harassment claims, which the police denied.

Nkomo denied the city imposed unreasonab­le trading hours and said it would create unrest if hawkers operated without licenses and did as they wished.

the Child for South Africa to scrap plans to stop issuing birth certificat­es to foreign children.

The Centre for Child Law, Lawyers for Human Rights, the Scalabrini Centre of Cape Town and the University of Cape Town’s Refugee Law Clinic yesterday said they sharply criticised proposed changes to the Births and Deaths Registrati­on Act aimed at stopping the issuing of birth certificat­es to foreign children.

Where all children were previously issued with birth certificat­es as required by internatio­nal law on children’s rights, the new regulation­s propose that foreign children be issued with a mere “confirmati­on of birth” certificat­e and they should then apply to their embassies for certificat­es from their country of nationalit­y.

The organisati­ons said in terms of internatio­nal law, it was the responsibi­lity of the country of birth to issue a birth certificat­e, regardless of whether citizenshi­p had also been granted.

They said South Africa’s plans violated children’s constituti­onal right to a name and nationalit­y and various other internatio­nal law instrument­s. It amounted to unfair discrimina­tion on the basis of ethnic origin and birth.

“This is particular­ly harmful to refugee and asylum seeker children because they cannot go to their embassies, which would jeopardise their protection in SA, and to orphaned and abandoned children who cannot prove their nationalit­ies because their parents are absent, and children who do not have a country of nationalit­y,” they said.

They added that home affairs wanted to remove birth registrati­on for foreign children entirely, despite a recommenda­tion by the UN child rights committee that South Africa remove all requiremen­ts under legislatio­n and regulation­s dealing with birth registrati­on and nationalit­y which may have punitive or discrimina­tory impacts on certain groups.

“Without a birth certificat­e, children face immense barriers to basic services and human rights such as education, health and social services. The birth certificat­e also allows stateless children to apply for safeguards which gives them citizenshi­p where they have no other citizenshi­p.” – ANA

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