n Without Prejudice - Refugees and spaza shops : constitutional law

Volume 14, Issue 10
  • ISSN : 1681-178X



On September 26, the Supreme Court of Appeal handed down judgement in favour of asylum seekers and refugees lawfully present in South Africa, allowing them to be self-employed with the consequential right to trade and earn a living in the informal sector. The decision comes from an appeal of the North Gauteng High Court, which initially held that refugees and asylums seekers, although legally present in South Africa, did not have the right to trade while awaiting permanent residence.

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