Somali Association of South Africa v Limpopo Department of Economic Development, Environment and Tourism and Others

The appellants, representing Somali and Ethiopian refugees and asylum seekers lawfully present in South Africa, challenged actions by police and municipal authorities in Limpopo Province under an operation known as “Operation Hardstick”. During this operation, hundreds of spaza and tuck-shop businesses operated by refugees and asylum seekers were closed, stock and equipment confiscated, and traders arrested. Authorities allegedly refused to allow refugees and asylum seekers to apply for or renew business and trading licences solely on the basis of their foreign status, asserting that only South African citizens could trade. Efforts by the appellants to obtain licences or written municipal consent were repeatedly frustrated, resulting in destitution and loss of livelihood. The appellants sought declaratory relief confirming their right to apply for trading licences and declaring the closures and confiscations unlawful.

The appeal was upheld. The order of the high court was set aside and replaced with a declaration that refugees and asylum seekers are entitled to apply for and renew business or trading licences and municipal consent to operate spaza and tuck-shops. The court declared the closure of businesses operated by refugees and asylum seekers under valid permits unlawful and invalid, and ordered the relevant respondents to pay costs, including the costs of two counsel.

This case is significant for affirming that refugees and asylum seekers in South Africa may not be subjected to a blanket prohibition on self-employment. It clarifies the relationship between section 22 of the Constitution and the rights to dignity and equality, and confirms that state authorities must interpret and apply licensing laws consistently with constitutional values and South Africa’s international refugee obligations. The judgment provides important protection against xenophobic and exclusionary administrative practices.