2 May 2006
Recent media reports and analysis with respect to immigration and the
issuing of different permits, have to a greater extent demonstrated a lack of
understanding and appreciation of the Immigration Amendment Act.
Suggestions and allegations have been made that the manner in which the
Immigration Amendment Act is being implemented has a potential to undermine the
Accelerated and Shared Growth Initiative of South Africa (AsgiSA) and the
government's objective for at least six percent economic growth and
development.
The Final Immigration Regulations approved by Cabinet came into effect from
1 July 2005. The release of these regulations was a sequel to the signing of
the Immigration Amendment Act (Act No 19 of 2004) into law by the President on
12 October 2004. The regulations is a product of a consultative process with
other government departments, organs of civil society, business,
non-governmental organisations (NGOs), organised labour, academics, various
stakeholders and the Immigration Advisory Board.
Essentially, the immigration policy seeks to give a concrete resonance to a
myriad of government's objectives:
First, it seeks to discourage illegal migration into South Africa by
encouraging foreign nationals to apply for different permits to legalise their
stay in the country.
Second, it also intends to create an enabling environment for foreign direct
investment into South Africa.
Thirdly, to attract scarce skills required by the economy in accordance with
the 2014 vision of eradicating poverty and underdevelopment.
The Immigration Regulations do contribute towards boosting direct foreign
investment, attraction of skills required by the economy, support the growth of
tourism and support the emphasis and realisation of the goals of our foreign
policies.
The Regulations provide for the application of the requirements of the Act;
the forms to be completed; the fees to be paid and financial requirements
necessary for certain permits, as well as the conditions that may be imposed on
permit holders. Our new immigration system continues to contribute to the
improvement of the regional environment and to meet the development needs of
our continent.
The objectives of the Immigration Amendment Act, which these final
immigration regulations seeks to achieve, are to set in place a new system of
immigration management, which ensures that:
Temporary and permanent residence permits are issued as expeditiously as
possible and on the basis of simplified procedures; Security considerations are
fully satisfied and the State retains control over the immigration of
foreigners to the Republic
Economic growth is promoted through the employment of needed foreign labour,
foreign investment is facilitated, the entry of exceptionally skilled or
qualified people is enabled, skilled human resources are increased and academic
exchange programme in the Southern African Development Community (SADC) is
facilitated and tourism is promoted.
The contribution of foreigners in the South African labour market does not
adversely impact on existing labour standards and the rights and expectations
of the South African workers.
A policy connection is maintained between foreigners working in South Africa
and the training of our citizens. A human rights based culture of enforcement
is promoted and the international obligations of the Republic are complied
with. In the category work permits a foreign national has the choice of four
kinds of work permits:
A quota work permit in specific professional categories or within specific
occupational classes. The application does not require an offer of employment
and only requires to inform the Department within 90 days upon arrival that
he/she has secured a position. The permit remains valid for an indefinite
period of time provided such applicant confirms employment on an annual
basis.
A general work permit may be granted to a foreigner if the prospective
employer satisfies the Department that despite diligent search, it has not been
possible to employ a South African citizen/permanent residence holder with
qualifications or experience and skills equivalent to that of the
foreigner.
A general work permit will furthermore be granted for the duration of the
employment contract, provided that the holder of the permit submits
satisfactory proof within six months of the issuance of the work permit and
within every year thereafter that he/she is still employed and of the terms and
conditions of his/her employment, including the job description.
An exceptional skills work permit as derived from the title of the permit
may be granted to a foreigner with exceptional skills or qualifications and
such a person should be easily identified, as he/she would usually be a
well-known individual in his/her professional environment.
An intra-company transfer work permit facilitates the transfer of key
personnel who is employed abroad in a business that operates in a branch,
subsidiary or affiliate in the Republic. The said permit is issued for two
years and may not be renewed or extended. However, key personnel who will fill
positions in the Republic should not find it difficult to apply for either a
quota work permit, exceptional skills work permit or general work permit. In
the latter instance, it would require to apply for the waiver of individual
prescribed requirements before such application can be lodged.
Addressing challenges of Refugee Affairs
The phenomenal increase in the number of asylum seekers in the past 12 years
is directly linked to the achievement of a peaceful transition in South Africa.
Since the eradication of apartheid, South Africa has become a safe haven for
thousands of individuals from all over the world that are forced to flee their
own communities or countries because of persecution or a well-founded fear of
persecution.
Before 1994, there was neither policy nor legislation governing refugees in
South Africa as it was only regarded a refugee-producing country. But with the
advent of democracy in 1994, South Africa did not only see the liberation of
the oppressed masses from an apartheid system, but it also became a safe haven
for displaced and persecuted people.
The dawn of the new era meant South Africa's acceptance back into the
international community of nations. In 1996, ending its years of international
isolation and status as a refugee-producing country, South Africa signed the
United Nation (UN) 1951 Convention and the 1967 Protocol relating to the status
of Refugees. These instruments, including the Expanded Organisation of African
Unity (OAU) Convention on Refugees, were incorporated into the South African
Refugees Act. This law became effective in 2000 and continues to be the
country's primary piece of legislation governing asylum seekers and refugees in
the country.
Newly arrived asylum seekers are registered and issued with a temporary
residence permit in terms of Section 22 of the Refugees Act. Section 22 permit
allows the holder to sojourn in the Republic while his or her claim is under
consideration by the Refugee Status Determination Officers who are based at
Refugee Reception Offices. These permits are renewed every 30 days at any
Refugee Reception Office in the country.
On approval of the claim, the Refugee Status Determination Officer issues a
recognition certificate valid for a period of two years and informs the refugee
of his or her rights and obligations in the Republic. Part of the rights
extended to refugees is to apply and obtain an identity and travel documents
issued by the South African government. The identity document has a 13 digit
number, which is required in terms of the South African Identification Act for
identification purposes to access services from any organisation or institution
like, financial institutions, license department, social, welfare and
population development department etc.
Those whose claims have been rejected as unfounded are afforded an
opportunity to lodge appeals as prescribed in the Refugees Act and the Refugee
Appeal Board would at times invite them for an oral hearing in order to gather
more facts. On the other hand, there are those whose claims are said to be
manifestly unfounded, fraudulent and abusive. These are automatically forwarded
by the Refugee Status Determination Officers to the Standing Committee for
Refugee Affairs who have legislative obligation to review such cases when
forwarded to them.
The influx of asylum seekers, lack of capacity and inadequate availability
of resources to facilitate the registration of asylum seekers has created a
backlog of applications that runs over 100 000. These have resulted in some
instances to unlawful arrests, detention and deportation of legitimate
applicants. As a result of all these challenges, the Ministry of Home Affairs
established a Departmental Steering Committee to come up with practical
sustainable solutions that will ensure that all asylum applications dating back
to 1998 are immediately dealt with.
Currently, we have a backlog of 103 410 cases of applications for asylum. We
are dealing with a backlog that relates to a period prior to August 2005. Four
new centres have been acquired to deal with the backlog in the Western Cape,
Gauteng, KwaZulu-Natal and Eastern Cape provinces. The table below outlines the
top four countries who have applied for asylum in South Africa.
Top Four Countries
Country: Backlog - Percentage
Democratic Republic of Congo: 13 376 - 12,2%
Zimbabwe: 11 026 - 10.1%
Ethiopia: 9 341 - 8.5%
Pakistan: 9 245 - 8.4%
Passports issued to their owners
We would like to place it on record that the Department has never at any
stage placed any embargo in the issuing of passports and has not run out of
paper in anyway. Therefore, the claim that there is a crisis in the issuing of
passports cannot be sustained. Accordingly, we have been and continue to print
passports as expected in order to afford South Africans an opportunity to
travel to other countries.
In addition, the Department will today, 2 May 2006, receive a consignment of
300 000 end paper for the printing of passports. Related to the above, another
consignment of 600 000 will be delivered to the Department in June 2006 to
assist in the production and ultimate distribution of passports. It is our firm
belief that this consignment will further assist us to produce passports and
provide them to their rightful owners.
Basically, over the past three months, the Department produced and
distributed 200 841 passports to their rightful owners.
The Department has also noted the Democratic Alliance (DA)'s submission that
is riddled with a number of over-generalisations and insinuations on our
capacity to deliver a qualitative service to the citizens. It is our firm view
that the DA's submission and proposal to the Department reflects an unfortunate
lack of understanding of issues at hand, the strategic and tactical direction
we are taking and the impact of our policies on the quality of lives of
ordinary South Africans. Although we have responded directly to the
organisation thus providing strategic clarity on all allegations made, at no
stage should an impression be created that the DA's document is closer to the
truth.
Related to the above, we have also observed the theatrics performed by Mr
Attie Tredoux, a former employee of the Department. He worked as the Director:
Legal Services and he was later promoted as the Chief Director: Immigration. At
some stage, he was appointed as the Chief Director: Residence. He later
resigned from the Department and joined the company of attorneys Lan Dekker and
was amongst one of the people who recently threatened to report the Department
to the Office of the Public Protector. Accordingly, we are looking forward to
the report from the Public Protector.
It is our view that the attempts made by these people are aimed at
undermining the credibility of the Department and we will not allow them to
divert our attention from the strategic objective of providing a service to the
South African public. We also would like to take this opportunity to reject
with contempt the calls being made for the resignation of the Minister and the
Deputy Minister.
Enquiries:
Nkosana Sibuyi
Head of Communication
Cell no: 082 88 66 708
Tel: (012) 810 7338
Email: Nkosana.Sibuyi@dha.gov.za
Mantshele wa ga Tau
Acting Director: External Communications
Cell: 082 802 4814
Email: Mantshele.Tau@dha.gov.za
Issued by: Department of Home Affairs
2 May 2006
