Mashaba engages new Minister of Home Affairs on informal trading sector

11 December 2018

Yesterday, I wrote to the new Minister of Home Affairs, Hon. Siyabonga Cwele, to address concerns raised by informal traders within the city following a recent engagement.

These include issues relating to the finalisation of the City’s Informal Trading Policy, by-law enforcement under the JMPD and the proper issuing of trading licenses.

One of the other chief concerns raised by informal traders at our meeting was the regulation of undocumented persons working within the sector.

In respect of this, representatives from the informal sector raised concerns around:

The disproportionate number of undocumented persons working as informal traders:

- While the City has recently embarked on a campaign to assist informal traders with by-law and environmental health compliance, ultimately, regulation of undocumented persons rests on the Department of Human Affairs;

- The preceding point has the effect of giving undocumented persons a competitive advantage over law-abiding residents as the latter are held to account for non-compliance, which increases their relative cost of doing business. This is forcing law-abiding citizens out of the market; and

- Certain trading areas have allegedly been rendered no-go areas for South African nationals by undocumented persons trading in the informal sector. Other lawful traders have allegedly been victimised by said persons, many of whom they claim are not in possession of work permits or other immigration documentation.

Johannesburg remains an inclusive and cosmopolitan city which welcomes all people from across the continent and from further afield. This said, I remain firm in my belief that all residents of Johannesburg – including foreign residents – must respect the rule of law.

In the instance of regulating affairs for undocumented persons, the City is not in a position to ensure that they are in possession of the requisite documentation. This is not a competency of the City, but rather a function of national government.

Indeed, on a regularly basis, our law-enforcement officers are confronted with cases of undocumented persons who lament the Department of Home Affair’s inability to process their applications for documentation.

This poses a major challenge to efforts to restore the rule of law in the City as it undermines the requirements place on residents to comply with the law.

I have urged the Minister to engage the informal trading community regarding their concerns and to work with the City to address these and other issues in relation to the impact of migration on the City.

I have already committed to working with the informal traders to resolve those issues, within our competency, which will assist in growing a vibrant and productive informal sector which provides much needed jobs for our residents.

I have also ensured that my correspondence to the Minister is communicated to the South African Human Rights Commission and I hope that they will engage the Department of Home Affairs on this matter, and other such matters, which the City has consistently sought to raise with the Department for over two years.

I hope, that unlike his predecessors, the new Minister will act swiftly in meaningfully engaging the City and ensuring the best interests of all our residents are protected.

Issued by Luyanda Mfeka, Director, Mayoral Communications, Office of the Executive Mayor, City of Johannesburg, 11 December 2018