This speech was delivered by Mayor Herman Mashaba at the signing of the settlement agreement between the Mayor and the ADF at the South African Human Rights Commission’s offices in Braamfontein, Johannesburg.
I would like to start by thanking the South African Human Rights Commission for the professional manner in which they have approached this matter.
It is because of their willingness to deal with all parties in good faith and to create an environment for us to engage one another in the spirit of understanding and reconciliation, which has allowed us to reach this important moment.
This mediation process has given me an opportunity to clarify my position on the issue of migration within the City of Joburg, rather than people relying on sound bites and headlines that are unfortunately the result of selective coverage of my statements.
I have stated on many occasions that my comments have been misinterpreted without taking into account any background to the very real challenges I am attempting to address. This has created significant confusion and sensationalism around this issue.
From the outset, I would like to state that I condemn xenophobia in all its manifestations, and I will ensure that those who intend perpetuating violence against immigrants, face the full might of the law.
At the same time, I am committed to ensuring that the rule of law is upheld in our city, and that no criminal, whether from South Africa or any other country, feels safe on our streets.
I am committed to ensuring that Johannesburg becomes a safer place for all residents to live, work, and play.
I welcome foreign nationals into our city and country. All I have asked is that those who visit, do so lawfully, and while they are here, they respect our laws.
I would love every citizen of the world to visit our city and invest in growing our economy and creating jobs for our people.
Foreign nationals buy goods in our country, establish businesses, and stimulate economic growth. They can also contribute their skills and experience in sectors of our economy where it is desperately needed. This is key to my vision of creating a more prosperous and inclusive city.
Indeed, in its 130 year history, Johannesburg has been built by migrants from across our country and the world. This is a tradition I wish to see continued.
It is without doubt that the challenge of illegal immigration in Johannesburg has reached crisis level.
The issue of migration is one that cannot be dealt with at municipal level comprehensively, instead it requires the willing participation of the national government.
The Department of Home Affairs has a constitutional obligation to address the issue of undocumented migrants. So far, the Department’s conduct on this matter has been dismal.
In the recent Supreme Court of Appeal judgment in the matter of Scalabrini Centre, Cape Town v The Minister of Home Affairs, the SCA stated:
“As regards the decrease in the number of asylum seekers and the alleged improved efficiency in dealing with asylum applications, the Department overlooks the fact that according to its own records as at May 2015, there was a backlog of some 100 000 files which had not yet been decided by a refugee status determination officer; and a backlog of more than 100 000 cases which had not been decided by the Refugee Appeal Board. Save for a bald allegation that they are being addressed, the answering affidavit is silent on any progress made with these backlogs or whether they have increased since May 2015. Apart from this, the alleged improved efficiency is questionable.”
It is evident that the Department is failing in its responsibility to ensure that people entering our country are processed and timeously provided with relevant documentation.
Furthermore, allegations of corruption and bribery in the provision of papers is aggravating this crisis. I am sure that there are tens of thousands of additional foreign migrants who do not even bother applying, given the apparent collapse of the system.
For more than a year, and three Ministers later, I have continuously attempted to engage the Department on this matter, in the interests of the City and its residents.
As you are aware, I met with the former Minister, Malusi Gigaba in early December 2016. At a press conference he called following that meeting, he publicly committed to working together to find solutions to the serious challenges faced in the City.
However, all efforts I have made subsequent to that meeting have been to no avail, and my numerous letters to the ministers have gone unanswered.
This brings into question whether the meeting and press conference called by the former Minister was merely political grandstanding.
I have now instructed the City’s legal team to investigate all legal options available to the City to compel the Department of Home Affairs to address the issue of illegal immigration in the City of Johannesburg.
Due to the importance of this case, the City of Joburg will be engaging the services of top flight Constitutional experts, led by Advocate Dali Mpofu and Advocate Tembeka Ngcukaitobi. I expect papers to be filed in court in the coming weeks.
I would also like to welcome the African Diaspora Forum’s commitment to join this matter as friends of the court. This mediation process has given us the opportunity to recognise that we actually have a great deal in common when it comes to what we are trying to achieve.
Let me make one thing clear – I am not calling for undocumented migrants to be immediately deported.
What I am doing, is calling for the Department of Home Affairs to perform on their constitutional mandate and ensure that all those who qualify for asylum or other permits are processed and provided with their papers timeously. Should individuals not qualify, or should they have committed crimes within our borders, then they should be sent home.
The City of Johannesburg currently faces numerous challenges, including a housing backlog of an estimated 300 000 units.
I believe that the inner city holds the perfect solution to this challenge, with the opportunity for government to partner with the private sector in creating high-rise, densified, low-cost, quality accommodation.
The City has already taken major strides to ensure this solution becomes a reality. Council has already approved our plan, and 12 buildings have already been put out to tender for development.
In light of this project, we have also conducted a number of raids on hijacked buildings, which have revealed a substantial number of undocumented immigrants residing in these buildings. In 11 raids within the inner city, 267 allegedly undocumented immigrants were arrested.
Despite being aware of this crisis, it would appear the Department has failed to develop a proactive plan to address this challenge.
This reflects a continued pattern of inaction by the Department of Home Affairs.
Many people, out of desperation borne out of political, social, and economic instability in their countries, seek a better life in South Africa, and the City of Johannesburg in particular.
As undocumented immigrants, many of these people make it past our borders, and are forced to live on the fringes of our society, in the shadows, and with limited protection.
It is essential that national government cleans up its act and ensures that there is:
- identification and processing of undocumented immigrants; and
- in the appropriate circumstances, that legal documentation be expeditiously provided to those who qualify.
This will protect those who wish to legitimately enter our country from criminal elements, including slum lords and drug traffickers, who abuse their desperation and are able to evade the law.
Within the context of the City of Johannesburg, illegal immigration compounds serious challenges in the provision of basic services and temporary emergency accommodation to residents.
As a City, we are expected to proactively plan and budget for the provision of basic services to all our residents. We are also expected to proactively budget and plan for the provision of emergency accommodation, should residents be rendered homeless as a result of evictions or natural disasters.
How are we, as a City, supposed to effectively and accurately plan and budget, when we do not know who is even in our City?
As matters stand, there are still over 120 allegedly, undocumented immigrants housed at the Wembley Stadium, in line with the City’s obligation to provide temporary emergency accommodation. Their presence there followed a fire at the Cape York building in the inner city on 5 July 2017.
It is three months since the City provided the required emergency accommodation, yet still the Department of Home Affairs has not determined the status of these residents.
We cannot remain silent in the face of the breakdown of the rule of law in our city, and the rising human crisis.
Ultimately, the causalities of the government’s inaction will be the City’s poorest residents, and indeed, law-abiding foreign nationals.
If we are to turn around the City of Johannesburg and ensure that we reach our true potential, it is vital that the rule of law is respected. No country can hope to have a stable democracy, economic growth, development, and safe communities without the rule of law being upheld.
I would like to once again thank the SAHRC for the professional manner in which you have handled this matter.
I am delighted with the outcome of this mediation process and look forward to developing a relationship of mutual respect and understanding with the African Diaspora Forum.
I wish to collaborate with the ADF to ensure that the best interests of all Joburg residents, no matter their origins, is advanced.
The City of Joburg intends developing and maintaining an open relationship with this important stakeholder in our efforts to create a city of golden opportunities for all.
We all want to see this city, country, and the African continent prosper.