Home Affairs thrusts looming ZEP expiration under the spotlight
EWN – 12 July 2022
Clement Manyathela spoke to Home Affairs minister Dr Aaron Motsoaledi
about the termination of the Zimbabwe Exemption Permits and the establishment
of the Border Management Authority.
The Department of Home Affairs is serious about introducing the Border
Management Authority (BMA) in South Africa.
It has been almost twelve months since the expiry of the special
Zimbabwean Exemption Permit (ZEP) was announced.
In November, the government announced the decision to discontinue the
ZEP.
The looming expiration of the ZEP has many Zimbabweans fearing
deportation.
This will affect some 178 000 Zimbabwean immigrants in the country.
WHAT WILL THE BMA DO?
According to the Minister of Home Affairs, Dr Aaron Motsoaledi, South
Africa has been facing challenges with border control.
He cited the country's porous borders as the reason for the special
border authority being established.
The minister said the BMA sought to comprehensively control the
country's borders with support from immigration control, customs control, the
South African Police Service, the South African army, the Department of
Agriculture and Land Affairs, the Department of Environmental Affairs and the
Department of Health.
The BMA will, thus, will have these entities operate under a single
structure controlled and monitored by an overall commander which Motsoaledi
said would help with accountability issues at the border.
In terms of operations, what happens at the border every day, you'll now
have a commissioner who's going to be bugging commands. That's the main
difference we need the Border Management Authority, as against the multi-agency
method which we are using, now... You'll know exactly who to go to. You're not
thrown from pillar to post.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE FORMATION OF THE 1998 REFUGEE ACT
When the Refugee Act was established in 1998, Motsoaledi says that it
was formed under misinformed assumptions about how the borders need to be
managed based on the number calculated at the time of its formation.
This assumption came under scrutiny after the world went into a
recession in 2008 with the Home Affairs minister estimating that the number of
refugees surged from 16 000 in 1998 to upwards of 200 000 in 2008 and a further
200 000 in 2009 alone.
This prompted a reboot of the Refugee Act to accommodate the evolution
of the situation to deal with the shock to the country's refugee apparatus,
something Motsoaledi says has taken Parliament 10 years to pass the revised
act.
It shocked the whole immigration system, the refugee apparatus, as I've
called them. It shocked them. They were overwhelmed... The normal mechanism of
dealing with refugees was overrun, it was overwhelmed... So, the Department of
Home Affairs, then, said 'no, let's have a special dispensation outside the
normal existing laws and mechanism to accommodate this present situation. It
will give us time to reboot, re-plan afresh'.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE MISGUIDED IMPACT OF THE REFUGEE ACT
So why was the design of the Refugee Act so unsuccessful in controlling
the country's borders?
Motsoaledi argues that this is due to the act being designed, not by
South African conditions, but under the United Nations Convention of 1951 and
the Organisation of African Unity Protocol of 1969. This act, he laments, was
only designed four years after the establishment of democracy in the country.
The act divided incoming immigrants into separate permit sections:
- Section 23 of the permit says that refugees
entering the country without a the necessary documents cannot be arrested
where refugees have up to five days to produce the relevant documentation
at the nearest refugee centre.
- Upon getting the documents, refugees will then
begin a Section 22 permit which, then, gives them a document giving them
three-to-six months to apply for a permit. This document is subject to
renewal if the relevant documents cannot be provided within the
application period.
- Once successful, refugees are granted a
Section 24 permit - which provides immigrants with international
protection as an official refugee of the country.
All those processes were designed four years after democracy when there
was no thinking of an avalanche, or a large number of people who were economic
migrants. That's why in the Immigration Act, in the Refugee Act, or even in the
United Nations Convention, itself, the issue of economic migration was never
mentioned. It doesn't appear.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE FUTURE FOR ZIMBABWEAN IMMIGRATION MOVING FORWARD
So what does this, ultimately, mean for Zimbabwean immigrants without
legally documentation of their refugee status in the light of the ZEP?
This, according to Motsoaledi, is more complex than people may realise.
The minister laments that the ZEP is a specialised permit for
Zimbabweans designed to legitimise their stay in the country.
The different conditions that may warrant a permit have seventeen different
permits which provides immigrants with more than the scarce skills permit to
apply for.
There are 17 different permits that home affairs can issue to
immigrants. They include the scarce or critical skills visa, a study visa, a
visitors visa, a relatives visa, a general work visa, a retirement visa, a
temporary residency visa, and a permanent residency visa.
Motsoaledi said from January 2021 to December 2021, Zimbabwean
immigrants account for 38% going to scare and critical skills visas, 25% going
to study visas, 15% going to general working visas, and 14% going to relative
visas.
This could possibly be the reason that the ZEP exists in the first
place, which Motsoaledi advocates should give Zimbabwean immigrants something to
ease their minds, particularly due to scarce skills not being the only
condition for them to be granted legal immigration status.
You look at which [condition] is suitable for you... I mentioned, in
January, that this is an advantage for certain people because when they were
given a special permit [previously], there was a clear condition that you were
not to apply for any other. Even if you get married, you can't apply for
citizenship which is unfair
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