Foreign Affairs Statement on the Immigration Regulation

The Ministry of Foreign Affairs has taken note of several media reports regarding immigration regulations highlighted in an application brought before the Cape High Court by a certain Gary Eisenberg. The Government is still to study the full text of the judgement before making an informed comment.

However, Section 7 of the Immigration Act 13 of 2002 requires that the proposed immigration regulations must be tabled in Parliament and consequently need to go through Cabinet. It is in this context that the Minister of Foreign Affairs and indeed other Cabinet colleagues have made suggestions on the proposed immigration regulations for the consideration of the Minister of Home Affairs.

The comments made by the Minister of Foreign Affairs and indeed other Cabinet Members were aimed at ensuring that the regulations are consistent with the intent of the Immigration Act of 2002. The views of the Minister of Foreign Affairs were especially informed by the principles set out in the preamble of the Immigration Act which, amongst others, include that:

· temporary and permanent residence permits are issued as expeditiously as possible and on the basis of simplified procedures and objective, predictable and reasonable requirements and criteria, without consuming excessive administrative capacity;
· security consideration are fully satisfied and the State retains control of the immigration of foreigners to the Republic;
· interdepartmental coordination constantly enriches the functions of immigration control and that a constant flow of public inputs is present in further stages of policy formulation, including regulation making;
· the South African economy may have access at all times to the full measure of needed contributions by foreigners;
· the contribution of foreigners in the South African market does not adversely impact on existing labour standards and the rights and expectations of South African workers; as well as all the other principles contained in the preamble.

In line with South Africa's foreign policy objectives and especially the well known principled position in respect of the African continent, Cabinet members raised valid concerns regarding the vast discrepancy in the strict immigration requirements applied to African citizens and those of other developing countries, as opposed to the favourable treatment extended to citizens of western countries which is a continuation of the attitude of the apartheid regime.

It is an internationally accepted principle that the issuance of visas ought to be based on reciprocity. Therefore issuance of visas ought to be informed in addition to other factors by reciprocity as reflected in bilateral agreements. The relationships between South Africa and the countries concerned is therefore of great importance and the issuance of visas should rather be addressed through the conclusion of bilateral international agreements thereby ensuring reciprocity.

It cannot be considered fair that citizens from western countries can come to South Africa without requirements for visas whilst South African citizens must pay enormous amounts of money to obtain visas to visit these western countries. Consistent with that view it cannot be considered fair that South Africans can travel all over Africa without the need for visas, whilst African citizens and those from other developing countries must pay exorbitant visa fees to visit South Africa.

The issue of the immigration regulations is currently before a committee chaired by the Minister of Home Affairs who is the responsible Minister for the Immigration Act and the regulations are being processed as prescribed by section 7 of the Immigration Act.

Issued by Ronnie Mamoepa at 082-990-4853

Department of Foreign Affairs
P/Bag X152
Pretoria
0001

9 March