South Africa’s Home Affairs Minister, Aaron Motsoaledi, has proposed a complete overhaul of the country’s citizenship, immigration, and refugee protection laws. The proposed changes are aimed at addressing the country’s porous borders, illegal immigration, and the abuse of the visa system.
One of the key proposals is to establish a new Border Management Authority (BMA) with the power to improve border monitoring and enforcement. The proposed immigration bill would also simplify and expedite the process for obtaining temporary and permanent residence permits.
In addition, the White Paper on citizenship, immigration, and refugee protection proposes to repeal the existing Citizenship Act and Births and Deaths Registration Act and replace them with a single piece of legislation. This would remove contradictions and loopholes in the current system.
The White Paper also proposes to establish a new Immigration Appeal Division and Refugee Protection Division to deal with appeals and reviews of DHA decisions. This would help to reduce the workload on the DHA and expedite the processing of cases.
In terms of refugee protection, the White Paper proposes to establish a system similar to the Netherlands, where cases can be heard at ports of entry by highly qualified legal personnel. The White Paper also proposes that the Minister of Home Affairs should be able to refuse entry to asylum seekers who have had prior access to a safe country.
Finally, the White Paper proposes that South Africa review and possibly withdraw from the 1951 United Nations Refugees Convention and the 1967 Protocol relating to the Status of Refugees and accede to them with reservations, as other countries have done.
The proposed changes to South Africa’s immigration laws have been met with mixed reactions. Some have welcomed the proposals, arguing that they are necessary to address the country’s immigration challenges. Others have expressed concern that the proposals are too restrictive and could violate the rights of immigrants and refugees.
The White Paper on citizenship, immigration, and refugee protection is currently open for public comment. The deadline for comments is December 13, 2023.