Politicians have a duty to make it clear that immigrants are allowed to live in SA 22. Jul. 2020
|
|
South African law permits immigrants to take up jobs and live in this country. Where problems in the immigration and refugee systems arise, there are regulations in place to manage these. Loosely blaming foreigners for job losses, unemployment, poverty and crime simply fuels xenophobia and puts people’s lives and well-being at risk. Xenophobic violence in South Africa has been perpetrated recently by truck drivers who are demanding 100% employment of locals in the industry. We have also seen a series of attacks on immigrants living in informal settlements in Vredenburg in the Western Cape â€` their lives were threatened and they were instructed to leave the town. If it is to make any impact on xenophobia in the country, the South African government needs to consider the factors that trigger such violence against immigrants originating from African countries. Three categories of immigrants â€` namely economic migrants, refugees and asylum seekers â€` are frequently viewed (in the mainstream media and on social media platforms), as undesirable people as they are believed to impose a heavy burden on the state purse because they need state support to improve their quality of life. Many of them do not meaningfully contribute to economic growth. The perception of their undesirability stems from the fact that the admission of immigrants to the country is, by law, based on self-sufficiency and economic independence. This implies that all those who cannot support themselves and their families are legally undesirable as immigrants, and can only be considered for admission to the country if they are asylum seekers escaping persecution or oppression in their home countries. It’s important for South Africans to know that immigrants can legitimately be admitted in the country to work or set up a business. In these situations, they are granted either general work, critical skills, or business visas or permits. Moreover, general work visas are issued only to immigrants where South Africans with the relevant skills are not available for appointment. Worth noting is that this limitation does not apply to refugees and asylum seekers, who enjoy an automatic right to work in terms of the regulations on refugees because they are in the greatest need of work to support themselves. Some immigrants who are not asylum seekers and who also do not meet the immigration law requirement of self-sufficiency abuse the country’s asylum management system to regularise their stay. Economic migrants who do not meet the requirement for a work or business visa may turn to claims for asylum as they anticipate that the process to determine the genuineness of their application will be held up for a long time due to backlogs in the system. While they are waiting for the decision on their requests for asylum, they are permitted to engage in economic activities. This particular immigration problem is of serious concern to politicians who struggle to address it, but this does not warrant making statements that incite and fuel xenophobic violence such as we’ve seen on several occasions. The ongoing xenophobic attacks can be prevented. But for this to happen, people will have to change their perceptions of economic migrants, refugees and asylum seekers who are trying to create a better future for themselves and their children in South Africa. Several of our politicians refer to immigrants, especially those living in townships or working in the informal sector, as “illegal foreignersâ€. They also use the influx of economic migrants as an excuse to justify the country’s failure to deliver on the promise of a “better life for allâ€, especially
| | to those still trapped in abject poverty, unemployment and intolerable living conditions. Immigrants are loosely blamed for society’s ills and accused of committing violent crimes and stealing jobs from locals despite the lack of evidence to support such perceptions. Such attitudes fuel xenophobia and send a message to South Africans that all immigrants have no right to stay, work or do business in the country. We’ve seen how this has led to the looting of immigrants’ shops and the maiming or injuring, and even killing of innocent people. Little or nothing is done to compensate those whose shops have been looted or to pay for damages for pain and suffering in situations where immigrants were physically, and seriously, injured or lost their loved ones. Little is done to investigate these crimes and bring the perpetrators to book. There is also no political will to hold accountable those involved in perpetrating discrimination, hate speech and xenophobic violence. This highlights the government’s failure to accept and admit the existence of xenophobia. It doesn’t help that the voices of immigrants are always missing from political discussions and debates where the concerns of citizens are communicated to the government; where the government accounts for or is held accountable on immigration; or where citizens participate in the decision-making processes concerning the improvement of the well-being of immigrants. Accordingly, immigrants lack any political muscle as decisions affecting them are taken in their absence. We saw this play out in 2017 when the government tightened its refugee laws with a view to restricting the right of asylum seekers to work and study. According to the 2017 Refugee Amendment Act, asylum seekers do not deserve to live in communities, but should remain in processing centres which NGOs have compared to detention centres. It is argued that this arrangement would remove their need to work or study. Restrictions on the rights to work and study were further tightened in the draft refugee regulations for the act published in 2018. We’ve also seen how a lack of political muscle played out in the Covid-19 regulations when refugees and asylum seekers were not only excluded from accessing most socio-economic relief packages, but were also restricted from engaging in the economy after lockdown. This sent a further message to communities that refugees and asylum seekers do not belong and this, no doubt, contributed to the rise in current xenophobic attacks. It is not disputed that South Africa has the right to self- preservation, but this imposes on it the duty to admit or expel immigrants or asylum seekers only in such cases and upon such conditions as it has determined in terms of immigration and refugee law. The ongoing xenophobic attacks can be prevented. But for this to happen, people will have to change their perceptions of economic migrants, refugees and asylum seekers who are trying to create a better future for themselves and their children in South Africa. Politicians, in particular, should play their part by refraining from making statements that incite xenophobic violence and by relying on the appropriate legal mechanisms that exist to address immigration and refugee-related problems. The government has sufficient policing entities that can enforce its regulations in a non-violent manner. www.samigration.com V.3107 |
|
More related News
|
|
| |
|
Critical Skills Visa 02. Oct. 2025 SA Migration | | More than 380k South Africans blocked from IDs lawyers challenge home affairs 26. Aug. 2025 News 24 |
One of the highlighted topics: Critical Skills Visa.
- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr... - This matter relates to critical skills visa and its broader implications. - Individuals are advised to seek professional guidance.
Is your profession on the Critical Skills List? This visa is your fast trac V.6139 Click here for full article | | One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.
-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process. -Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide. -LHR appeals extension, urges affected people to seek help now.
Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.
In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.
V.6133 Click here for full article |
|
Airport Immigration Alert 25. Aug. 2025 SA Migration | | Airport Immigration Alert 25. Aug. 2025 SA Migration |
The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6128 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6129 Click here for full article |
|
A New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks 25. Aug. 2025 CNN | | High Court upholds corporate visa refusal: Implications for businesses 25. Aug. 2025 Biz Community |
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.
Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.
V.6130 Click here for full article | | On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.
Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.
V.6131 Click here for full article |
|
US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries 25. Aug. 2025 businessinsider | | Airport Immigration Alert 21. Aug. 2025 SA Migration |
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs. The United Statesâ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions. The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6127 Click here for full article |
|
ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS? 20. Aug. 2025 SA Migration | | E-Hailing & Scooter Drivers in South Africa â` Why Being LEGAL is CRUCIAL! 20. Aug. 2025 SA Migration |
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121 Click here for full article | | Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122 Click here for full article |
|