Freedom of trade, occupation and profession

During May 2011, ProBono.Org was approached by Pascal Munanga, a Congolese national with recognised refugee status in terms of Section 24 of the Refugees Act 130 of 1998. Munanga had been living in Durban since 1999. He is a husband and a father of three minor children. Munanga approached ProBono.Org (Durban) for assistance with obtaining his certificate from the Department of Labour (“DOL”) to practice as an accredited electrician.

In January 2009 Munanga successfully completed an electrical course at the Umbilo Further Education and Training College and then went on to successfully write the exam of the DOL.

During May 2010, having complied with the prerequisites, Munanga submitted his application for registration to be an accredited electrician to the DOL, which included an administration fee of R120.00, two identity photographs, three specimen signatures and the certificates issued by the college and the DOL itself.

On 26 July 2010 Munanga was advised that his application would only be processed once he had submitted a work permit. By virtue of Munanga being a recognised refugee and a South African resident he is entitled to all the rights, privileges, duties and obligations of a citizen according to section 25 (1) of the Immigration Act and therefore entitled to his section 22 right in terms of the Constitution which guarantees him the freedom of trade, occupation and profession. By refusing to grant Munanga the accreditation certificate, the DOL was unjustly and unfairly infringing on Munanga’s right to work in his chosen profession.

Munanga approached ProBono.Org in May 2011 and thereafter ProBono.Org began liaising with the DOL on the assumption that the matter was sufficiently clear-cut to resolve through correspondence. After a string of fruitless e-mails and countless telephone calls to the DOL, Derik Jaftha Attorneys of Durban agreed to assist Munanga on a pro bono basis and on 10 April 2012 Munanga was issued with his accreditation as an electrician. He is now in a position to exercise his section 22 rights freely, to provide for his family and to be a productive member of South African society.

Source: ProBono.Org