In a concerted effort to address illegal migration in South Africa, the Minister of Home Affairs, Dr Leon Schreiber, has announced plans to re-establish the Immigration Advisory Board and expand inspections in business establishments to act against the employment of undocumented migrants.
Speaking during the debate of the department's budget vote in a mini plenary of the National Assembly, the Minister said the board will provide an important platform for key stakeholders to engage with the department on an ongoing basis about problems affecting the sector.
"I am happy to announce today that, in terms of section 4(2) of the Immigration Act of 2002, Home Affairs will reactivate the Immigration Advisory Board as a matter of urgency. "The advisory board can provide the Minister with evidence-based advice on tackling critical matters, such as the court-ordered process of consultation on the future of the Zimbabwean exemption permit," he said.
The board will also serve as a forum where problems can be ironed out before they escalate to the courts, and where scientifically researched and evidence-based advice can help us address key challenges, he said. He added that in the coming year the department will increase the number of inspections at restaurants, spaza shops, farms and mines by over 50% to act against people illegally employed, including through deportations.
"But these inspections are most effective when done in collaboration with other departments, such as Employment and Labour, the police and local government. I will be reaching out to colleagues in the relevant departments with the aim of conducting joint operations to maximise our ability to hold everyone involved in illegal activities to account," the Minister said.
African National Congress Member of Parliament and Chairperson of the Portfolio Committee on Home Affairs Mr Mosa Chabane was the first to respond to the Minister's budget vote. He welcomed the planned capacity increase within the immigration inspectorate to address the issue of illegal migrants who are already in the country. Mr Chabane also called for the capacity increase to be extended to the permit and refugee sections of the department.
The committee Chairperson also emphasised that the department, in collaboration with the Special Investigations Unit and the South African Police Service, must finalise investigations and prosecute those implicated in the Lubisi Report for corruption in the adjudication of visas. "As the department strives to achieve a Home Affairs of the future, it should clear the backlog on the processing of visas and permits to ensure that there are no further concessions in future," said Mr Chabane.
He also raised concerns about the underfunding of the Border Management Authority (BMA), which he said has recorded significant progress since its recent establishment. "Notwithstanding progress, funding shortfall has negatively impacted the strategic operation of BMA. It is an undeniable fact that the BMA remains underfunded despite it being given huge responsibilities to secure our borders and this inadequate resource allocation poses a direct risk for achieving its strategic objectives," he said.
Mr Adrian Roos of the Democratic Alliance welcomed the re-establishment of the Immigration Advisory Board and called it "an essential ingredient to an immigration system that works for all South Africans".
"We have a collective duty of correcting the immigration system and creating an environment that creates jobs for South Africans," he said. He also echoed the concerns about the underfunding of the BMA and called on the department and the Minister to address the situation.
Ms Mariam Muhammad participated in the debate on behalf of Mkhonto Wesizwe Party. She called for a reform of the migration system to prevent an abuse of the processes. "We need to address the defects in our immigration system and the rampant abuse of the asylum and refugee system, the legislative framework, comprising the Citizenship Act and the Immigration Act, is fragmented and outdated. It was amended piecemeal leading to significant disharmony and problems especially concerning refugee protection and asylum seekers," Ms Muhammad said.
She argued that South Africa's adherence to international and continental conventions on refugees has positioned the country as a hospitable nation for refugees and asylum seekers. However, this has also resulted in a disproportionately large number of individuals seeking refugee here, overwhelming South Africa's capacity as a developing nation. "Commitments to these conventions were made without a clear policy on migration and refugee protection," she said.
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"The Refugees Act of 1998 prohibits the refusal of entry, expulsion or extradition of asylum seekers and refugees and this places undue burden on our government, allowing individuals to enter the country with minimal scrutiny," she said.
The Economic Freedom Fighters, through its Member of Parliament Mr Yazini Tetyana, rejected the budget vote and accused the department of focusing on African migrants and failing to enforce immigration laws on Europeans who overstay in the country after entering on travel visas. The party also shared the concern on the underfunding of the BMA and said it was impacting negatively on the ability to execute its mandate.
Ms Liezel van der Merwe of the Inkatha Freedom Party believes the failures of the previous administration to effectively manage migration threatens state security and places a heavy strain on state resources. "In a country where unemployment is at crisis levels, it is simply unforgivable that we have allowed businesses to employ undocumented migrants in sectors such as hospitality and construction," she said.
