Home Affairs Overhauls Migration Policy as Public Input Closes on Citizenship and Refugee Law Reform

The Department of Home Affairs is embarking on a reform of its migration policies, a process that could reshape the legal landscape of citizenship and asylum in the country. Currently, the department is receiving public input to refine the proposed policies.

The groundwork for this transformation began several years ago with the publication of a White Paper on International Migration, aimed at revising policies to better align with global practices and address shortcomings linked to the 2002 immigration laws.

Department spokesperson Thulani Mavuso highlighted the evolution of the White Paper, emphasising the need to tackle issues surrounding citizenship and refugee protection that have emerged due to perceived abuses of immigration laws.

“We wanted to delink the acquisition of citizenship from immigration status,” Mavuso said of new legislation that seeks to create a more coherent framework for citizenship and immigration.

This initiative was bolstered in 2019 when officials recognised the need for reforms that also accounted for complexities introduced by refugee status.

Mavuso urged the public to submit written input on the revised migration policies before Monday’s deadline.

“Today is the last day for us to receive written public inputs on the White Paper,” he confirmed.

However, not all stakeholders are satisfied with the pace and transparency of the reform process.

Jacinta Ngobese-Zuma, founder and leader of the social advocacy group March and March, expressed disappointment at the prolonged delay in initiating the dialogue, which began during the tenure of Aaron Motsoaledi as Minister of Home Affairs.

“It revealed to South Africans that the process of policymaking often doesn’t resonate with the everyday realities faced by people,” Ngobese-Zuma said.

One of the major critiques raised relates to recent developments, including a court ruling allowing husbands to adopt their wives’ surnames, which she said occurred without sufficient public consultation.

Ngobese-Zuma referenced ongoing frustration with how Home Affairs operates, suggesting that many decisions are made hastily and bypass necessary public engagement.

“We have found ourselves being integrated forcefully with refugees in the country. There are no refugee camps. We were not consulted on that,” she said, highlighting issues residents contend with daily.

In response, Mavuso clarified that the ruling on surnames was not a departmental policy but rather the outcome of a court case.

He acknowledged concerns around refugee management, admitting that some individuals were abusing the asylum system, prompting a review.

“Almost 95% of asylum applications are rejected on the basis that they are maliciously unfounded,” he explained, advocating tighter controls to prevent economic migrants from exploiting refugee frameworks.

Additional reforms include changes to the refugee appeals process, aimed at speeding up decisions while ensuring fair assessments and maintaining the integrity of South Africa’s borders and job market.

The department said these measures are necessary to prioritise South African citizens and ensure immigration pathways support genuine skills needs rather than facilitate abuse.

As the public consultation phase concluded, the department said it would synthesise feedback into comprehensive legislative reforms.

Mavuso said it was government’s responsibility to engage the public, particularly on policies that affect South Africans and their interactions with foreign nationals.

“The intent behind this consultation arises from recognition of the complex lived experiences South Africans face while coexisting with foreign nationals,” he said.

Mavuso added that the current Refugee Act presents challenges and has not served the country well.

“There are lessons learned from that particular process,” he said, noting that public feedback would be instrumental in reforming existing frameworks.

Ngobese-Zuma, however, remained unconvinced about government’s commitment to consultation and criticised its response to matters that end up in court.

“As a government, you are the decision-makers, not the courts,” she said.

She added that government should set the policy agenda rather than react to litigation initiated by private individuals or groups, expressing concern over interpretations of the Constitution that treat “everyone” as including every person entering the country, which she said creates inconsistencies in policy implementation.

She called on government to take a more decisive role in shaping asylum and refugee law instead of deferring to judicial outcomes.

DAILY NEWS