Immigration Advisory Board appointed for the first time in a decade – Schreiber

Immigration rights organisations are cautiously optimistic about the appointment of the Immigration Advisory Board to advise the Minister of Home Affairs, Leon Schreiber, on matters relating to immigration policy, strategy, and implementation.

The Board, which falls under Section 4 of the Immigration Act, was reactivated this week for the first time in a decade.

Five of the 13 board members are independent, including James Chapman, head of advocacy and legal advisor at the immigration rights organisation Scalabrini Centre of Cape Town; Mavuso Msimang, former home affairs director-general, as chairman; Andreas Krensel, managing owner of IBN Immigration Solutions, as deputy chairperson; and immigration lawyers Zahida Ebrahim and Stefanie de Saude-Darbandi.

Two board members were appointed to represent organised business and labour and six members are representatives from different government departments.

Chapman told GroundUp that he was looking forward to working closely with government officials to protect the rights of refugees and asylum seekers.

“I’m looking forward to constructive debates that ensure the rights and dignity for all those living in South Africa…I anticipate that the Board will go with open minds, coupled with their experiences to give good advice to the minister,” he said.

Last year, Scalabrini took Home Affairs to court to stop arrests and deportations of asylum seekers, arguing that a new interview process introduced in 2018 is unconstitutional. Activists argue that it blocks access to the asylum system, and it risks sending people back to dangerous situations in their home country. Scalabrini won a court order interdicting deportations of people who intend to apply for asylum, but not arrests.

The second part of Scalabrini’s court case, in which it argues that the amendments to the Refugees Act are unconstitutional, was heard in the Western Cape High Court in February. Judgment was reserved.

Chris Mapingure, chairperson of the Zimbabwe Support Network, said that the immigration system must change to make it earlier for poor migrants and refugees to become documented.

Mapingure hopes the Board will advise the minister on the arrests and deportation of migrants, to avoid returning them to volatile situations in their home countries.

Mike Ndlovu from Kopanang Africa Against Xenophobia criticised the minister for not appointing more civil society representatives on the board.

“We call on Minister Schreiber and the IAB members to meet with migration advocacy organisations and affected communities before making recommendations that will impact millions of lives,” he said.