VOICES

Immigration Management: A Major Voting Factor in South Africa’s Upcoming Elections

As South Africa prepares for this year’s elections, immigration management has emerged as a central issue, mirroring a trend seen worldwide. Amidst rising nationalism, xenophobia has gained traction, fueled by concerns over economic opportunities, particularly in the areas of work and small businesses. In South Africa, access to public services adds to the complexities of the situation.

Local and Global Perspectives

The debate has already ignited heated discussions within South Africa. ActionSA, citing concerns about porous borders contributing to crime, conducted a self-appointed border patrol operation along the Zimbabwean border. On the opposing end, the EFF’s leader extended an open invitation to all Africans to live in South Africa, promoting the idea of Pan-Africanism without reciprocity and encouraging illegal entry through porous borders.

Government’s Response

Minister Aaron Motsoaledi has presented a more moderate stance, seeking to address the challenges faced by immigration laws and jurisprudence from international treaties adopted by South Africa without reservation. His white paper on citizenship, immigration, and refugee protection aims to overhaul and integrate relevant legislation, ensuring effective management of immigration without compromising public order or disrupting the government’s obligations to its citizens. Motsoaledi emphasized the need to offer protection to genuine asylum seekers and individuals fulfilling skill shortages or investment needs.

Challenges and Proposed Solutions

Motsoaledi highlighted the excessive number of people seeking immigration to South Africa compared to its absorption capacity, a challenge faced globally. He attributed this issue to legal loopholes, administrative bottlenecks, and corruption. The white paper proposes solutions such as revoking accession without reservation to certain international conventions and readopting them with specific reservations.

Balancing Acts: Constitutional Tensions

In a transformative constitutional democracy, balancing acts are necessary. The Constitution seeks to protect the rights of existing rights-bearers while extending protection to new ones. However, tensions arise between the elected arms and the courts, where the courts’ role in judicial review can impact policy decisions without shared responsibility for their effects. This scrutiny can have systemic consequences, especially for marginalized groups.

Complexities of the Issue

While some argue that the challenges are purely administrative, anecdotal evidence suggests a more complex situation. Instances such as the granting of retirement visas to 16-year-olds highlight the need for legal adjustments. The withdrawal from certain international conventions and the adoption of reservations is a proposed solution, but it remains to be seen how effective this approach will be in addressing the multifaceted complexities of immigration management.

Constitutional Governance and Accountability

Constitutional governance and accountability must remain paramount. The supremacy of the Constitution is non-negotiable, and rights such as those of children cannot be compromised due to reservations to international treaties. The government’s obligation to avoid perpetuating apartheid-era inequalities through new laws is highlighted, as exemplified by the DNA requirements for unmarried parents seeking citizenship for their children.

Social Justice Implications

The Social Justice Impact Assessment Matrix is recommended as a tool to proactively assess the potential impact of laws on marginalized groups. The government is urged to prioritize the rights of the most vulnerable, such as stateless children whose parents have lived in the country unlawfully due to previous discriminatory barriers. Submissions to the department of home affairs are encouraged, even after the deadline has passed, as there is a possibility of consideration.