Cape Town – Home Affairs Minister Aaron Motsoaledi has announced a White Paper on Citizenship, Immigration, and Refugee Protection, aimed at overhauling the country’s migration system.
Cabinet approval was granted on November 1, 2023, and the paper, published in the Government Gazette, is open for public comment.
The primary goal of the draft policy is to establish a framework that directs the processes of granting residency and citizenship to foreign nationals, while also ensuring the protection of refugees and asylum seekers in South Africa. This is done with a keen awareness of the Republic’s national security interests and adherence to international agreements and migration protocols that South Africa is a party to.
“There have been consistent loud voices calling for effective policy measures and legislative interventions dealing with migration in South Africa.
South Africa is overhauling its immigration and citizenship legislation. The white paper draft policy proposes the integration of border management and immigration Acts. Home Affairs Minister Aaron Motsoaledi held a media briefing on the draft policy earlier. #DStv403 pic.twitter.com/gezIMmgSBI
— eNCA (@eNCA) November 12, 2023
“South Africa has different pieces of legislation dealing with citizenship, immigration and refugee protection, namely the Citizenship Act, Immigration Act and Refugees Act, as amended.
“In practice, these pieces of legislation are not in harmony with each other. Piecemeal amendments were made without any policy framework whatsoever,” Motsoaledi said at a briefing in Pretoria on Sunday.
The proposals include reviewing or withdrawing from the 1951 United Nations Refugees Convention and the 1967 Protocol, suggesting reservations to align with the country’s resources.
[WATCH] ‘Section 2 of the Refugees Act says no one must be refused entry into SA, tell me any country that is acting like that?- Home Affairs Aaron Motsoaledi proposing changes to immigration laws. #Newzroom405 pic.twitter.com/a3iJtfGEYX
— Newzroom Afrika (@Newzroom405) November 12, 2023
The Citizenship Act and related laws, discriminatory and outdated, would be repealed and consolidated into a single legislation.
The Border Management Authority Act is to be aligned with the new policy framework, with measures to tighten procedures, introduce IT systems to flag fraudulent activities, and grant wide powers to the Anti-Corruption Unit within the Department of Home Affairs.
New legislation would also enhance the powers of immigration officers and Inspectorate, making training compulsory and emphasising legal qualifications and policing experience.
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Compiled by Betha Madhomu
