1. Constitution. Its important to understand the Constitution as a whole,not just sections. Also, you must understand the spirit and the letter of the constitution @HermanMashaba. Below is an excerpt but please read Section 2, in its entirety. Note:use of ‘everyone’ & ‘citizen’.
2. “This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the right of people in our country and affirms the democratic values of human dignity, equality and freedom. The state must protect, respect, promote and fulfill the Rights in the Bill of Rights.”
3. In addition to the Constitution, please remember South Africa is signatory to international Treaties and Conventions amongst others, international human rights treaties. Having ratified these treaties, South Africa is bound by them. We cannot have laws contradicting these.
4. S.8(1) “The Bill of Rights applies to all Law, and binds the legislature and all organs of state.” You, @HermanMashaba, as a Mayor are bound by this as well as all international treaties and conventions South Africa entered into.
5. On SANDF’s role. Please read where the constitution addresses the role of the army. The army does not make policy. Rule of Law is a civilian responsibility @HermanMashaba. You blur this line and you’ll land in a dangerous place.
6. Yes, SANDF has raised numerous issues about management of borders. This is very important. However, it is the role of policy makers to ensure that these issues are addressed adequately. SANDF may and does share its observations and suggestions with relevant departments.
7. In your article you make it clear that you are concerned with illegal immigrants not people who are here legally. Firstly, we are bound to protect and respect rights and human dignity of ‘everyone’, including illegal immigrants. Read your Bill of Rights @HermanMashaba.
8. Why is protection of illegal immigrants important? a) Asylum seekers, from totalitarian regimes. b) Women fleeing to protect their daughters from early marriages. c) ethnic strife. d) And many other categories of people who come without legal papers.
9. Why do I say you’re #Xenophobic when all you do is ‘point out truths seen by everyone’? There is absolutely nothing that is done by illegal immigrants which is not done by South Africans. Your focus on illegal immigrants alone, is what makes your article xenophobic. How?
10. In zooming on illegal immigrants, you have distorted reality on the ground. You have applied a filter of prejudice and that is what makes you #Xenophobic. Try it with race and let’s see how it will be received.
11. In your response, you imply that I infringe your right of free speech. I recommend you read Bill of Rights again, especially Section 16 .2. You may think you’re not inciting violence but it’s important to read comments from people who have received your message @HermanMashaba
12. You claim South Africa is the only country in this position. That is not true. Trump says USA is the only country to which illegal immigrants go. Right wing politicians in European countries say theirs are the only countries ‘burdened’ by illegal immigrants.
13. Here is the truth about human migration and borders. All borders, including those believed to be tightly controlled, are porous. Humans move due to a number of complex push and pull factors. Look at the borders btwn many African countries and in other regions @HermanMashaba.
14. Should we not control our borders? Every country has a right to secure its borders, if it so desires. The main issue in RSA is how borders are managed, the failure of the system. If you focus on that you are likely to find solutions that may be effective @HermanMashaba.
15. If you continue to focus on ‘illegal immigrants’ you will find solutions that are #Xenophobic and undermine the rights and dignity of people. You use an example of slum lords on the inner city. Focus on slum lords and ensure that people do not live in squalid conditions.
16. Hopefully, as a country we can have a conversation which doesn’t use people as scape goat. Today it’s illegal immigrants, tomorrow it will be poor people. Wait, our cities already shun and mistreat poor people. 🤔
17. Here is another example. Motsoaledi, the Minister of Health blamed hospital overcrowding and failure to provide health care on immigrants. This is red herring. Go to any public hospital and look at the systemwide failure. @HermanMashaba
18. Every prejudice is based on some little truth which is blown out of proportion and generalised. Yes, some illegal immigrants are involved in crime. That is not the whole truth and you know it. So,why don’t you change your focus, so that we address real problem @HermanMashaba?
19. Should you wish for a serous conversation on this, I can recommend scholars who have worked on all aspects of these issues. They have undertaken numerous studies and have solid proposals on what can be done. @HermanMashaba
20. One day, I will share my personal experience about immigrants who rent Spaza shops in my village and my own family. I speak of these issues not from an ivory tower but from lived experience. @HermanMashaba
21. I haven’t shared my position on borders and migration. I have shared what the constitution says only. Of course, if you are not happy with the Bill of Rights, ask @Our_DA to campaign for changing it. Until then, it remains the supreme law of the land. @HermanMashaba
22. You are Mayor of a dynamic city @HermanMashaba. Our city has serious challenges. Solutions must be within spirit and letter or the Constitution. Rudy Giulianoesque interventions will fall foul of the constitution.
