Love thy neighbour

Source: News 24, 03/05/2016

Love thy neighbour
2016-04-26 – News 24
Fact: Worldwide, one in every 114 people is displaced. According to
the United Nations an estimated 200 million people globally live
outside their home countries, a number that has increased by more than
40% in the past decade. Population displacement is a top global issue,
while here in South Africa; illegal immigration is a heated and
sensitive topic. However, finding a remedy is about as easy as finding
a needle in a haystack.
An Incoming Tide
Recent headlines have made it clear that the Department of Home
Affairs (DHA) has its hands full tracking hundreds of thousands of
illegal foreigners across the country. Between 2010 and 2015, 333 000
documented illegal foreigners (people with an expired visa or who no
longer adhere to the conditions of their permit) were recorded on our
shores. These numbers represent individuals who disappeared into the
country after their visiting visas expired after 30 days. However the
total number is believed to be much higher because of thousands whose
presence in the country has never been logged. Statistics South Africa
had previously estimated there were between 500 000 and 1 million
undocumented people in the country. Other researchers had put the
figure at twice as much.
The Problem with Policy
It`s clear that South African policy makers have a problem and it
needs to be resolved fast. The issue is that the law is not
consistently applied and neither are the procedures surrounding the
foreigner`s illegality. For example, the Immigration Act says an
illegal foreigner must depart, however, if the foreigner wishes to
submit an application for a visa after the expiry of their last visa
(thereby regularising their status), they may do so if:
1) The individual has not been arrested for the purposes of deportation;
2) The individual is illegal for reasons beyond their control (which
burden of proof, in my opinion, is unreasonably onerous) and
3) The individual is immediately in a position to apply for a visa.
However, in practice, foreigners who approach the DHA in order to
regularise their status are either turned away, arrested or spend
months awaiting the outcome of the regularisation process. In my
experience dealing with the Inspectorate Division however is that
these officials believe they are following the correct process. Their
intention is not to harm anyone but to uphold the law, which is
incorrectly interpreted and which unfortunately - has dire
consequences for the foreigner.
The new regime has not changed procedures dramatically in relation to
the arrest, deportation and detention of illegal foreigners. The
drastic change is the Regularisation process explained above.
Previously, this process could be finalised within a day and after
processing, the foreigner walks away with a "slap on the hand".
Today, the long-winded process, which could take 6 months or longer to
process, results in a criminal conviction.
Unfortunately and perhaps unbeknown to the officials, the way in
which the Department of Home Affairs deals with illegal foreigners and
the regularisation process is unlawful and a new approach must be
adopted.
Strangled by Red Tape
The regularisation process takes months (and in some cases, nine
months or longer) to process and in most cases, these applications are
wrongfully refused. The implication is that the relevant person is
illegal for a further nine months. This means that the individual is
subject to arrest, detention and deportation, their bank accounts are
frozen, they cannot work lawfully, the individual cannot have an
active membership with any medical aid, a child is born to an illegal
foreigner, the birth of the child cannot be registered and if the
child leaves South Africa, they will be declared undesirable and
banned from returning. The list of implications is endless.
Looking back to 1991 up until 2014, South Africa maintained a flexible
Immigration Policy. After being included into the country`s national
security cluster – together with military, police and intelligent
services – the DHA was compelled to enforce stricter control to its
policy. 22 May 2014, saw the publishing of the Regulations which
brought into force the Immigration Amendment Act, which meant that
individuals were given a single day`s notice before Immigration Policy
changed. This new regime saw a shift from a flexible South African
boarder to a super vigilant and closed border, sadly providing very
few foreigners with lawful entry.
Seeking a Suitable Solution
South Africa is clearly overwhelmed by large numbers of illegal
immigrants crossing the country`s porous borders to seek better living
standards. The selectivity regarding foreigners relocating to South
Africa has taken a shift and now reflects a policy of deep suspicion
for foreigners hoping to relocate to our shores. When one looks
objectively at these collective changes, it is easy to see why they
were implemented. Over the years South Africa`s population register
and its immigration system have been badly corrupted by dishonest
foreigner and Home Affairs officials conspiring with each other. The
current Immigration Policy looks to bring law and order back to South
Africa`s immigration regime in order for the DHA to create a level of
normality in the immigration policy and while keeping an eye on the
demands of both foreigners and South African business. This stability
can only be reached once South Africa`s immigration systems has been
re-stored.
The question then is what can be done in the short term? The answer to
that question does not necessarily lie within the strict regime, but
rather with the individuals employed by the DHA (and its foreign
missions) responsible for enforcing the regime. Adequate training of
the Immigration Regime would definitely be a step towards the right
direction as this change alone would have a profound positive affect
on foreigners and in turn the South African economy.