HOME AFFAIRS MINISTER MALUSI GIGABA ON THE IMPLEMENTATION OF CABINET CONCESSSIONS ON IMMIGRATION REGULATIONS

Source: Home Affairs, 25/11/2015

We have taken note of recent statements concerning actions taken
regarding concessions that Cabinet had made to ease the implementation
of the amended immigration legislation and regulations. Let me hasten
unreservedly to express our commitment to the success of the
process.


To reiterate the actions that must be taken within three months – 1
November 2015 to 31 January 2016 – as articulated by Cabinet, we are to,
• Implement the capturing of biometrics at ports of entry starting
with a pilot at OR Tambo, King Shaka and Cape Town airports,


• Look at introducing an Accredited Tourism Company Programme for
countries like China, India and Russia,


• Consider a long-term Multiple Entry Visa for a period exceeding 3
months and up to 3 years for frequent travellers (for business
meetings), business people and academics,


• Ensure that principals issue letters confirming permission for
children to travel on school tours,


• Extend the validity of the parental consent affidavit to 6
months.


As mandated by Cabinet, the department is also urgently looking at the
legal instrument, to facilitate the requirement of birth certificates
for non-visa requiring countries being replaced by a strong advisory.
This requires a legal instrument as our current laws do not draw
distinctions between children from different countries.


If we proceed carelessly without that legal instrument, we will be
undermining our own legislation and placing ourselves in a
constitutionally compromising situation for which we will be legally
liable.


It is important to remember that the Department of Home Affairs also
played a key role in the IMC, and we therefore fully support the
recommendations. Contrary to some public sentiments, these
recommendations are still a step forward in promoting the Children`s
Act and introducing basic but critical national security
measures.


Even with the envisioned birth certificate, and a strong advisory for
non-visa requiring countries, our immigration officers are better
empowered to act against the illicit movement of children.


The recommendations around biometrics afford better measures to keep
South Africans and those within the republic safer from the evils that
evidently exist globally. These are progressive interventions and we
welcome them.


In the meantime, the status quo will remain until such time that the
necessary actions have been taken, including the capacity at the main
ports of entry to capture biometric data. These changes must unfold
within the framework of what is permissible by law.


Other concessions are for implementation in a year and beyond. We are
hard at work to ensure implementation of these concessions, starting
with those prioritized for the first three months, ending 31 January
2016, understanding this to be is in the interest of the country and
various stakeholders.


The regulations took effect in 2014 when there were already concerns
about the state of tourism, not only in our country, but
globally.


The child-specific travel requirements in the immigration regulations
came into operation only this year, in June. We have heard the
concerns of the tourism sector, and the IMC has balanced those
concerns with national interests. We carry the mandate of being the
first line of defence in this regard for the country and therefore
must be willing to risk some measure of unpopularity to ensure
national security is not forsaken.


The Department of Home Affairs has fulfilled its mandate to facilitate
safe movement while extending non-visa requirements to the top tourism
generating countries.


As you would know tourism issues reside specifically with our
Department of Tourism, with which we will continue working closely to
address those concerns that were raised by our stakeholders. That
notwithstanding, I have directed the department to meet with the
tourism sector. In this meeting I expect them to further share with
stakeholders the timelines of concessions and also hear from them on
their role in assisting government to keep South Africa safe and
prosperous.


The challenge going-forward is to work with all our partners and
stakeholders to make the new visa regime work for the country,
ensuring child safety, national security and economic development.