Pretoria: In Pretoria, Home Affairs Minister Dr. Aaron Motsoaledi announced the publication of the White Paper on Citizenship, Immigration, and Refugee Protection, marking a significant shift in South Africa’s approach to migration. This document, approved by the Cabinet on November 1, 2023, and published in the Government Gazette No. 49661 on November 10, 2023, represents a radical departure from the current policies governing residency, citizenship, and the protection of refugees and asylum seekers.
According to South African Government News Agency, the drafting of this White Paper was a meticulous process, reflecting the urgent need for effective policy measures in South Africa. He noted that the existing legislation – the Citizenship Act, Immigration Act, and Refugees Act – suffers from a lack of coherence and has been subject to piecemeal amendments without an overarching policy framework. The briefing, held in Pretoria on Sunday, shed light on the proposed changes and their implications.
A key proposal of the White Paper is to review South Africa’s commitment to the 1951 United Nations Refugees Convention and the 1967 Protocol relating to the Status of Refugees. The government aims to accede to these with reservations, citing limited resources to fulfill the socio-economic rights outlined in the conventions. The Minister highlighted the discriminatory history of South African citizenship legislation, tracing its roots back to the 1949 Citizenship Act, which excluded black South Africans. The new policy seeks to consolidate various laws into a single legislation, addressing contradictions and loopholes in the current system.
The overhaul also includes immigration policies, addressing the challenge of undocumented migrants in South Africa. Minister Motsoaledi emphasized the increasing number of illegal immigrants and the associated costs of deportations, highlighting the role of the Border Management Authority (BMA) in reducing illegal entry. The proposed policy framework aims to establish an Advisory Board comprising representatives from various departments and sectors, tasked with tightening procedures and monitoring capacity through integrated IT systems.
Moreover, the White Paper suggests enhancing the powers of the Anti-Corruption Unit within the Department of Home Affairs, including seconding members from the South African Police Service (SAPS) to leverage their wider statutory powers. Additionally, new legislation is proposed to strengthen the roles of immigration officers and Inspectorate, with a focus on legal qualifications and policing experience.