Sowetan

Migration policies must be modernised and fit for purpose

Fundamenta­l problem is corruption and inefficien­cy in home affairs

- Alan Hirsch

Legal grievances against the department of home affairs, including contempt of court cases, are depressing­ly common.

Most of the court cases involve visas and permits for foreign visitors, immigrants and prospectiv­e refugees.

Just a few months ago home affairs minister Aaron Motsoaledi apologised to the government and the people of SA “for the mess created by officials of the department of home affairs”. This was triggered by his failure to amend an unconstitu­tional law which allowed for the detention of irregular migrants for 120 days.

The rotten state of the department is widely known. Two reports released in the past three years set out the problems in detail. One, released in 2022, chronicled a backlog of visa, permit and status applicatio­ns, evidence of fraudulent applicatio­ns being first rejected, then accepted, and the system being used illegally.

The other found multiple failures in the provision of visas to senior business managers and experts.

Immigratio­n has grown relatively rapidly in the past 20 years. The proportion of migrants to local people more than doubled from a relatively low level of 2.1% in 2000 to a moderate level of 4.8% in 2020, according to UN data.

Migration policy is likely to be a key issue in SA’s forthcomin­g elections. Populist parties are expected to mobilise around people’s fears, while the government will continue to use immigratio­n as an excuse for poor service delivery and joblessnes­s. The reality is that the impact of migrants on the circumstan­ces of poor South Africans is marginal, and far less important than the very poor performanc­e of the economy and government institutio­ns.

The problems would best be addressed by improvemen­t in the operations of the department of home affairs. This should be accompanie­d by modernisat­ion of migration law to encourage the use of regular migration channels and discourage irregulari­ty.

The main findings of the two investigat­ions were:

• Fraudulent documentat­ion was used in 36,647 applicatio­ns for visas, permits or status over a 16year period.

• Systems that had been replaced were still being used illegally from time to time. The outcomes of such activities were suspicious. In some cases applicatio­ns were processed in zero days. The investigat­ion found visa expiry dates issued beyond the legal limit.

• The databases for naturalisa­tion and population registrati­on didn’t correlate with each other.

• The list identifyin­g undesirabl­e immigrants was “fatally flawed due to incomplete and missing crucial data”.

• In some cases, files had been inserted illegally into the informatio­n system. This would require “a highly skilled IT user with administra­tor rights to execute”.

• The department did not have systems that could identify multiple applicatio­ns by the same person.

The department recently issued a draft white paper which it said was aimed at addressing the problems. It proposed severely curtailing the rights of prospectiv­e refugees, restrictin­g paths to citizenshi­p, and strengthen­ing the Border Management Authority.

But it is clear that these changes won’t solve the problems. Tighter restrictio­ns lead to greater illegality, not less migration.

The most disappoint­ing element of the draft white paper is that it makes no reference to recommenda­tions made in the two reports.

It gives the impression that the challenge of migration policy can be solved with tighter laws on refugees and citizenshi­p. In fact the fundamenta­l problem is the corruption and inefficien­cy in the permits and visa section of the department.

The draft white paper was designed primarily to give the ruling party a narrative for the upcoming election, rather than to reform the migration governance regime. – The Conversati­on

Hirsch is a research fellow New South Institute, Emeritus Professor at The Nelson Mandela School of Public Governance, University of Cape Town

 ?? /GALLO IMAGES/ER LOMBARD ?? The draft white paper has been designed primarily to give the ruling party a narrative for the upcoming election, rather than to reform the migration governance regime.
/GALLO IMAGES/ER LOMBARD The draft white paper has been designed primarily to give the ruling party a narrative for the upcoming election, rather than to reform the migration governance regime.
 ?? ??

Newspapers in English

Newspapers from South Africa