Legal Advisor Warns Against Reserving Informal Trade for South Africans, Citing Dignity Rights
A legal advisor to Parliament’s Joint Constitutional Review Committee has warned that proposals to reserve informal trading (e.g., spaza shops) for South African citizens could violate constitutional dignity rights and international obligations.
Citing a 2014 Supreme Court of Appeal ruling, the advisor noted that asylum seekers and refugees lawfully in South Africa have the right to apply for informal trading licences. Denying them a livelihood could lead to “starvation, humiliation,” and breach Section 10 of the Constitution. Section 22’s right to choose a trade does not explicitly exclude non-citizens from self-employment.
The advice responds to public submissions from groups like South Africans for Constitutional Reform (SACR), which wants amendments prioritizing citizens amid 32%+ unemployment. Critics on social media argue local traders’ struggles should come first, and question why South Africa cannot follow countries like Ghana or Botswana.
Committee members suggest ordinary legislation, not constitutional change, could address many concerns. Deliberations continue, with no final decisions yet.