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Concerns mount over `unconstitutional` border bill

Source: Jakaranda FM, 30/05/2018

The Constitutional Court has repeatedly held that non-South African
are protected by the Bill of Rights when in the country.
But this could change if the National Council of Provinces (NCOP)
moves to adopt the bill and President Cyril Ramaphosa signs it into law.
The National Assembly recently passed the controversial Border
Management Authority Bill despite an outcry by experts over the impact
of the legislation on vulnerable asylum seekers.
The Department of Home Affairs plans to perform the tasks of at least
18 other governmental departments at the countryâ€™s borders.
It will take over the South African Revenue Servicesâ€™ role in
collecting border revenue, the South African National Defence Forceâ€™s
protection of borders and the policeâ€™s right to imprison transgressors.
â€œIt is in essence going to create â€˜asylum seeking centresâ€™ that are
going to be positioned close to airports and borders. In a sense, it
is going to severely limit the freedom of movement as well as the
dignity of individuals that are going to be seeking asylum in South
Africa,â€ says constitutional law expert Phephelaphi Dube.
According to Dube the bill is clearly inconsistent, not only with the
countryâ€™s laws, but also the values by the African Union and United
Nations.
â€œDo our Parliamentarians know what the Constitution provides? Do they
even know what various laws are in place because if they had this
prior knowledge, Iâ€™m not sure that this bill would go through the
parliamentary processes.â€
She believes the bill will inevitably be challenged in a court of law.

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