Shelters housing foreign victims of xenophobic violence will remain open, pending a ruling from the Constitutional Court. But the province will continue negotiating with the refugees and helping them to re-integrate into their communities.

Mbhazima Shilowa answers questions outside the Constitutional Court

THE Constitutional Court has reserved judgment in the appeal brought by representatives of foreign nationals against closing the shelters that were erected after xenophobic violence erupted in Gauteng in May.

The province won the case brought by the Wits Law Clinic on behalf of the foreign nationals in the Pretoria High Court last week, to dismantle the shelters, but the Consortium for Refugees and Migrants in South Africa immediately brought an urgent application to the Constitutional Court to halt the closures until a proper re-integration plan had been agreed. As a result, the province has been forced to keep the shelters open, and will continue to keep them open until the Constitutional Court has made a ruling.

The province had given 15 August as the date when the six shelters would be closed, forcing any remaining foreign nationals to return to the communities from which they fled, or find alternative accommodation.

After the announcement, Gauteng Premier Mbhazima Shilowa said, "It is correct that they reserve judgment because they need to look at the documents."

These documents are the proposals made after negotiations were held by the province and the representatives of the foreign nationals on Tuesday, 19 August, as suggested by the Constitutional Court, but in which neither party could agree on the closure of the shelters.

"We will respect any decision made by the court and act accordingly," added Shilowa.

He said that when the tents were erected it was stated that it would be for a two-month period only, which had now expired. "Whatever we do, we made a public commitment to the people of this province that these were temporary shelters, and would not be open for more than two months."

Negotiations
The premier stressed that the province would continue to negotiate with the refugees and help them to re-integrate into their original communities. Negotiations would involve getting agreement with the foreign nationals that the shelters are temporary and will be dismantled in a month's time; that the province should be allowed to consolidate shelters as they emptied; and that no attempt would be made by refugees to recruit people to move into the shelters or to intimidate people into remaining in the shelters.

The parties had already agreed that those who did not have legal status to be in South Africa would be moved to deportation facilities, from where the Department of Home Affairs would make arrangements to deport them.

In addition, it had been agreed that any refugees who got financial assistance from NGOs to find alternative accommodation would be obliged to move from the shelters. The police would continue with any crime fighting activities by searching the camps, if necessary.

A lawyer for the refugees, Nadine Fourie, requested that a register be kept of those who left for the day but intended returning, to ensure that their tents were not dismantled in their absence.

On Friday, 15 August there were about 2 500 foreigners still in the six shelters. Just under 20 000 were displaced when the violent attacks began in May. A small percentage has returned to their countries of origin while the rest have returned to their communities. No attacks have been reported since May.

Shelters still remain in the greater Joburg area in Countryview in Midrand, Glenanda, Rand Airport in Germiston, Corlett Gardens, Boksburg and Springs. The provincial government is confident that the foreigners can all be re-integrated into their communities.

Reintegration
"The government is confident because of work done, that conditions exist in all townships to resume normal life," said a government spokesman. "In Alex a lot [of foreigners] have returned and nothing has happened to them."

In some cases shacks were erected on private land. However, since the foreigners had left, the owners had secured their land, making it impossible for shack dwellers to re-establish themselves on this land.

The province maintains that keeping the shelters open in the long term is not sustainable.

The Department of Home Affairs has checked on all those who have registered with it, of whom only a few qualify for legal status. It has also expedited applications for refugee status.

Some R100-million had been spent on housing the foreigners, said the provincial spokesperson. It was used to provide tents, water and electricity, primary health care, social workers, food, blankets and sleeping bags.

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