Mawela calls on lawmakers to address loopholes in immigration laws

Mawela briefed members of Gauteng’s Portfolio Committee on Community Safety on plans to address high levels of crime in Diepsloot on Tuesday.

The briefing followed a mob justice attack that claimed the lives of seven men accused of being behind a spate of criminal activities in the area.

The commissioner says once arrested, undocumented foreign nationals outwit the justice system and find their way back into communities.

"The loophole that these undocumented persons have seen and are exploiting is that once you appear before court and you simply say: 'Actually My Lord, I am here for asylum purposes' then you are given the opportunity apply for asylum in the country. So, again you are legit in the country, and when you look at the backlog of the asylum application its huge."

Between April and September this year 786 undocumented foreign nationals were arrested in Diepsloot.

Mawela said while Diepsloot residents have repeatedly called for authorities to address the influx of illegal immigrants, some among them knowingly harbour such persons.

"In a family you find that there's a spare room and they rent it out to these undocumented persons forgetting that in terms of the Immigration Act aiding and abetting such persons is an offence. But they do this because majority of them are not working so they derive their income from rent.

"Others, whom we call slum lords, build shacks all over and they make them available for undocumented persons."

The police have called on the Department of Human Settlements to demolish informal dwellings which belong to people who have been allocated housing.

It's alleged that Diepsloot residents who have been given government-sponsored housing and relocated to River Sand are renting out the homes they left behind.

ILLEGAL LIQUOR OUTLETS

There are 147 licenced liquor outlets in Diepsloot but nearly 200 more are operating illegally, says Diepsloot station commander Koena Moichela.

Alcohol contributes to contact crimes such as assault, murder, rape and attempted murder. In the second quarter, there were 245 assault GBH, 166 common assault, 43 attempted murder, 36 murder, 38 common robbery, 37 robbery with firearm, and 34 rape cases reported in Diepsloot.

The majority of the crimes occured on a Saturday.

Commissioner Mawela said the enforcement of bylaws should be a function implemented by all bodies with a regulatory mandate, including the metro police, the Gauteng Liquor Board and emergency services.

He said compliance at these establishments are almost non-existant, and warned that it’s a disaster waiting to happen.  

"In Gauteng we have two types of liquor licenses. The first one, which was gazetted and is known by everyone, has 15 different types of liquor licences for restuarants, taverns, bottlestores, etc. But there's also this challenging one called the shebeen permit.

"After the dawn of democracy they were issued to those who were running shebeens trying to put them into the mainstream. The intention was to migrate into the mainstream of the liquor act so that they can be issued the formal licence, but that has not happened. "

Mawela said the permit has few conditions, and it seems those operating their businesses under it appear to operating with impunity, but it's not their fault. 

He said this is why some of these establishment are near schools and churches, as they operate from their homes.  

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