White paper on Immigration languishes as 2024 polls take priority

Despite facing an immigration crisis since the borders were fully opened to the outside world after apartheid ended, processing the country’s immigration policy is moving at a snail’s pace.

The White Paper and the processing of the Immigration Amendment Bill have been hindered by numerous postponements due to elections in 2019 and 2021 – and now the 2024 polls are regarded as more important than passing the draft legislation into law.

The White Paper still has to go through a long process of consultations and discussions before the Bill is passed into law, probably late next year or even in 2025.

Although the White Paper on International Migration has been in existence since 2017, little progress has been made in adopting it as policy.

ALSO READ: Draft immigration law amendments ‘violate rights, unconstitutional’

This is despite chaotic management of immigration issues at points of entry and the crisis of illegal migrants jumping the borders.

The department said the Immigration Amendment Bill needed to go through state law advisors to comply with the 2017 Constitutional Court judgment before it is processed in parliament.

The legislation could be further delayed by the 2024 general election. Motsoaledi yesterday announced the Cabinet had approved the White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa, but the legislation was likely to be delayed.

In terms of the 2017 Constitutional Court ruling, the policy needed to protect the rights of migrants detained by immigration officials. Currently they may detain an illegal migrant pending deportation without a warrant.

In the new system no foreigner may detained for over 30 days without a warrant.

ALSO READ: Increased global hiring and talent shortages bode poorly for SA critical skills