PENULTIMATE REPORT ON THE INTERNATIONAL MIGRATION WHITE PAPER

TABLE OF CONTENTS

1. INTRODUCTION
2. BACKGROUND
3. RATIONALE
4. PROCESS
5. OBSERVATION
6. ACTUAL CONTENTS OF PUBLIC HEARINGS

6.1 Parliament, Cape Town: Tuesday, 16 May 2000
6.1.1 Mr W Chapman, Chairperson: Foreign Marriage and Family Protection Association
6.1.2 Ms A Bernstein, Executive Director: CDE
6.1.3 Prof L Schlemmer, CDE

Parliament, Cape Town: Wednesday, 17 May 2000
6.1.4 Mr V Williams, Manager: Southern African Migration Project, Idasa
6.1.5 Mr M Khaye (presented as a business person and an individual)
6.1.6 Mr F Jenkins, Legislation Reseacher: Human Rights Committee
6.1.7 Mr V Esselaar, Chairperson of Task Group on Migration: BSA
6.1.8 Mr H Makupula, BSA
6.1.9 Mr J Liebenberg, BSA

Parliament, Cape Town: Friday, 19 May 2000
6.1.10 Mr N Coleman, Head: Parliamentary Office, Cosatu; Mr O
Modibe, Deputy Head: Parliamentary Office, Cosatu; Ms L More, Regional Educator; Cosatu
6.1.11 Commissioner Z Majodina, Human Rights Commission; Mr
V South well, Legislature Monitor/Parliamentary Officer: Human Rights Commission (HRC)
6.1.12 Ms V Rajah, Study and Work Abroad Advisor: International Affairs Office, University of Pretoria
Ms M Mashlell, University of Pretoria

6.2 Gauteng: Johannesburg, Monday, 31 July 2000
6.2.1 Professor J Klaaren, Ms J. Tlou and Reverend W Jabuka, NCRA (Rev Jabuka also represented the SACC)
6.2.2 Ms A Daly, Academic Personnel Manager: University of the Witwatersrand
6.2.3 Mr S Selepe, Mr A Muhade and Ms L More, Cosatu
6.2.4 Dr S Pepperdy, Postdoctoral Fellow: Department of Geography and Environmental Studies, University of the Witwatersrand

6.3 North-West: Mafikeng, Tuesday, 1 August 2000
6.3.1 Mr S Mokoena, Secretary: Cosatu North West
6.3.2 Mr A Nebe, Chairperson: Cosatu North West
6.3.3 Mr L C Sebogo, Deputy Director, Home Affairs, North West
6.3.4 Mr Malla, Home Affairs: North West

6.4 Northern Province, Pietersburg: Wednesday, 2 August 2000
6.4.1 Professor M Nkondo, Vice Chancellor and Dean of Science and Technology: University of Venda
6.4.2 Professor P Omara-Ojungu, Dean of Environmental Sciences and Technology: University of Venda
6.4.3 Professor A Musyoki, Faculty of Geography: University of Venda
6.4.4 Mr P Mutandannyi, Lothava Legal Advise Office
6.4.5 Mr G Kganyago, SACP: Northern Province
6.4.6 Mr J Chiloane. Cosatu: Northern Province

6.5 Mpumalanga, Nelspruit: Thursday 3 August 2000
6.5.1 Mr C Tomlison, Organiser Business: Mpumalanga
6.5.2 Mr G S Siwela, PAC: Mpumalanga
6.5.3 Mr J Mbungane
6.5.4 Ms M Chembeni, Komatipoort TLC
6.5.5 Mr J Vilakazi, Commissioner: Public Service Commission
6.5.6 Mr P Matshiane, Mdutjana TLC
6.5.7 Ms D Phiri, Traditional Healers Organization
6.5.8 Mr R Zita, Acting Regional Director: Home Affairs
6.5.9 Captain N Mahlakoane, Military Intelligence: SANDF
6.5.10 Mr J Schreiber, Home Affairs Office in Charge at the border Post

6.6 Kwazulu-Natal, Durban: Friday 4 August 2000
6.6.1 Dr R Kishun, Director: International Office, University of Natal
6.6.2 Mr J Khoza, Cosatu: Kwazulu-Natal
6.6.3 Mr S Magurdie, Durban Refugee Forum
6.6.4 Advocate F S Lockhat, Immigration Consultant: Lockhat & Associates
6.6.5 Mr P Ndlovu, Administration Officer: Home Affairs
6.6.6 Mrs J,N, Vilakazi, IFP: Select Committee on Social Services

6.7 Free State, Bloemfontein: Monday, 7 August 2000
6.7.1 Mr N Venter, International Administration Office; University of the Orange Free State, International Education Association of South Africa
6.7.2 Mr S Mashinini, Cosatu: Northern Cape and Free State
6.7.3 Dr M Wolvaardt, Director: Office of International Affairs, Technikon of the Orange Free State

6.8 Conference titled – Migration Control in the 21^st Century: the "South African perspective, held by the Ministry on 6 and 7 July 2000

6.9 Lindela Reparation Centre

6.10 Lebombo Border Post

7. The Proposed 20 Principles
8. The views of the Portfolio Committee
9. Addanda
10. Acknowledgements
11. Conclusion

A PENULTIMATE REPORT OF THE WHITE PAPER ON INTERNATIONAL MIGRATION IN RESPECT OF PUBLIC HEARINGS CONDUCTED BY THE PORTFOLIO COMMITTEE ON HOME AFFAIRS

1. INTRODUCTION
1.1 The White Paper on International Migration was published by the Department of Home Affairs of 31 March 1999. The Portfolio Committee, in line with its responsibilities and Parliamentary procedure, tackled the White Paper on International Migration independent of the draft Migration Bill that accompanied it.

1.2 The Portfolio Committee, derives its mandate from rule 20(1) (c) of the National Assembly, which confers on the Portfolio Committee the power to inter alia monitor, investigate, enquire into and make recommendations concerning any such Executive Organ of State, constitutional or other body or institution, including the legislative porgramme, budget, rationalisation, restructuring, functioning, organization, structure, staff and policies of such organ.

1.3 In line with this, the Portfolio Committee has sought to give its views in this report and also to give recommendations to the Department of Home Affairs, recommendations that are based on extensive investigating of the matter, including extensive public consultations.

1.4 The recommendations we give, we hope will guide all of us seized with the matter and will help us achieve the goals of the Government, based on the Constitution.

1.4.1 The White Paper on International Migration is a THESIS, i.e. it sates specific proposals on the status quo.

1.4.2 The input or feedback from the public is the ANTITHESIS, i.e. a reaction or response to what is proposed in the White Paper on International Migration.

1.4.3 The Portfolio Committee is proposign a synthesis, i.e. putting together elements to carve a way forward. This is contained in the 20 principles that we humbly submit should guide the process of policy formulation.

1.5 We, as the Portfolio Committee, have adopted an objective approach to this complex subject of migration. In pursuit of our objectivity, we have searched for principles that would underground a policy on international migration. This report therefore puts forward 20 principles which emerged in our search as reasonable and eminently necessary in the treatment of migration so that both the Ministry and the Department of Home Affairs and the Government should be armed with a potent tool with which to carve legislation on this issue. It is hoped that the 20 principles suggested by us will serve as guidelines in policy formulation.

2. BACKGROUND
After the White Paper on Migration was presented to the Committee, we studied it and realised that it required public input.
We decided to conduct Public Hearings for Four Main reasons:

2.1 The major tenet proposed in the White Paper for a new migration policy for South Africa is that " … administrative and policy emphasis is shifted from border control to community and workplace inspection …… " Chapter 1 page 3 EXECUTIVE SUMMARY.

THE COMMITTEE FEELS THAT THIS RADICAL MOVE HEREIN PROPOSED REQUIRES SCRUTINY
2.2 In its conclusion, " This White Paper acknowledges that its proposals do not reflect conventional practices and perspectives, However, when conventional practices and perspectives have proven insufficient in dealing with the problems at hand, one is forced to go beyond them. " Chapter 13, page 51.

THE COMMITTEE FEELS THAT THIS SPIRIT OF EXPEMENTATION CONTAINED IN THE WHITE PAPER SHOULD BE TESTED.

PARLIAMENTARY MANDATE
2.3 The N.A. Rule 138 (c) states that for the purpose of performing its function, subject to the Constitution, legislation the other provisions of these rules and resolutions of the Assembly :-

a) Summon any person to appear before it to give evidence on oath or affirmation, or to produce documents;

b) Receive petitions, representations or submission from interested persons or institutions;

c) Conduct Public Hearings

d) Permit oral evidence on petitions, representations, submissions and any other matter before the Committee;

e) Determine its own procedure;

f) Meet at a venue determined by it which may be venue beyond the seat of Parliament;

g) Meet on any day at any time, including:-

• On a day which is not a working day.
• On a day on which the Assembly is not sitting.
• At a time when the Assembly is sitting
• During recess.

h) Exercise any other power assigned to it by the Constitution, Legislation, and the other provisions of these rule or resolutions of the Assembly.

CONSTITUTIONAL FUNCTION
2.3 Our Constitutional obligation as a Portfolio Committee
Refer to clause 56 of the Constitution.

Evidence or information before National Assembly
The National Assembly or any of its committees may: -

a) summon any person to appear before it to give evidence on oath of affirmation or to produce documents;

b) require any person or institution to report to it;

c) compel, in terms of national legislation or the rules and orders, any person or institution to comply with summons or requirements in terms of paragraph (a) or (b); and

d) receive petitions, representations or submissions from any interested persons or institutions.

3. RATIONALE
3.1 The White Paper had proposed what it calls Four Policy PARAMETERS:

3.1.1 " The migration system should enable Government to retain control on who may enter the Country and the conditions and length of his or her stay." (Page 17)

3.1.2 " Under present circumstances it is not possible for South Africa to deal with the "push" factors acting in the rest of the continent nor build a migration systemp articularly on the improvements of these factors." (Page 17)

3.1.3 " The migration system must not heavily rely for its success on actions taken to secure the Country’s land and see borders from people willing to cross them illegally." (Page 18)

3.1.4 " The development of a migration system is closely interrelated to the management and regulation of labour dynamics and requires an interface with labour institutions. " (Page 19)

3.2 The problem with the foregoing parameters is that they are DEDUCTIVE i.e. they draw from the subjective conditions of difficulties experienced.

3.3 By Contrast the Portfolio Committee proposes an INDUCTIVE approach i.e. that which will introduce new ideas without being encumbered by experiential prejudice.

4. PROCESS
On 17 November 199 the Committee agreed that Public hearings should be held on the White Paper. A memorandum containing such a request was sent to the Chief Whip, Mr T. Yengeni, and he subsequently approved the Committee’s request. Due to various reasons, the Committee could not hold public hearings at the end of 1999. The Committee’s " in principle " agreement to hold public hearings on the WP was carried over to this year.

On 7 April 2000 a memorandum was sent to the Chief Whip requesting approval to hold public hearings on the White Paper at Parliament as well as in six provinces. The Committee’s request was approved.

On account of the fact that the WP expects communities to participate in the new migration system, the Committee considered it only fair to consult as broadly as possible, especially rural communities that are far removed from Parliament.

In the Committee’s quest to maximise public participation, the Committee decided that public hearing should follow a two-part format:

4.1 Traditional route – Public Hearings at Parliament
(16, 17 and 19 May 2000)

4.2 Public hearings in Provinces - communities that are affected by immigration. To this end the Committee has identified Gauteng, North – West, Northern Province, Mpumalanga, KwaZulu-Natal and the Free State (31 July until 7 August 2000).
The public hearings in the provinces were originally scheduled to take place from 5 to 9 June 2000, but had to be postponed due to the Committee having to finalise the Local Government Municipal Electoral Bill [B 35 – 2000] and the Identification Amendment Bill [B33 – 2000]. After finalising the mentioned legislation, a delegation of the Committee held public hearings in the above mentioned six provinces, from 31 July until 7 August.

The delegation under the leadership of Mr A. D. Mokoena (ANC) included Mr M. M. Chikane (ANC), Mr M. U. Kalako (ANC), Ms M. M. Maunye (ANC), Mr K. W. Morwamoche (ANC), Mr M. R. Sikakane (ANC), Mr W. M. Skhosana (ANC), and Bishop L. J. Tolo (ANC). Mr I. J. Pretorius (New NP) was in attendance on Monday, 31 July. Mr I. S. Mfundisi (UCDP) was in attendance on Monday, 31 July and Tuesday, 1 August. Ms I. Mars (IFP) was in attendance on Friday, 4 August.

Ms L. Jacobus (ANC), Chairperson: Select Committee on Social Services was in attendance on Monday, 31 July. Mr J. O. Tlhagale (ANC) and Rev P. Moatshe (ANC), Select Committee on Social Services were in attendance on Tuesday, 1 August. Mr B. J. Mkalipi (ANC), Select Committee on Social Services, was in attendance on Thursday, 3 August. Mrs J. N. Vilakazi (IFP), Select Committee on Social Services, was in attendance on Friday, 4 August. Dr F. Nel (New NP) and Ms S Ntlabati (ANC), Select Committee on Social Services, were in attendance on Monday, 7 August.

4.3 The Portfolio Committee also visited the Lindela Holding facility on the 18^th of September 2000 in order to find out what is going on there. A separate report is available. ( For the Public to request for the Committees Secretary)

4.4 In order to deepen our insight into the problems, which were highlighted during the Public Hearings at Nelspruit (Mpumalanga), we visited the Lebombo Border Post and traveled through to the now closed Mbuzini Tunnel. Similarly, a separate report is available.

5. OBSERVATION
(a) Persons who cross South Africa’s borders can be divided into three categories, as follows:

(1) Immigrants, legal or illegal, persons with the intention of settling permanent in South Africa (SA).

(2) Migrants, persons with no intention of settling permanently in South Africa, but who enter the country with the intention of working here.
(3) Refugees, persons who flee persecution in their respective countries of origin and seek asylum in South Africa. (This report does not deal with this category of person as South Africa has a Refugee Act that took effect on 1 April 2000).

(b) The majority of South Africans generally refer to the above mentioned categories of persons as immigrants. The issue of illegal immigration and unauthorised or undocumented migration has emerged as a major challenge for SA.

Our country’s policies. Laws and actions towards immigration has always been reactive, with the main focus on control and expulsion. The White Paper Proposes a shift of emphasis to a community-based approach to immigration control

6. ACTUAL CONTENTS OF PUBLIC HEARINGS
The following persons were in attendance:
Mr W. Chapman, Chairperson: Foreign Marriage and Family Protection Association; Prof. L. Schlemmer, Centre for Development and Enterprise (CDE); Ms A Bernstein, Executive Director: CDE

6.1 Mr. W Chapman, Chairperson: Foreign Marriage and Family
Protection Association

The Foreign Marriage and Family Protection Association is a civil society organization, or more aptly defined as an action group, that strives to help foreign spouses. The main focus of the submission centres around the current prohibition of foreign spouses that are married to SA citizens, to either work or study before they have been granted with a permanent residence (PR) permit. The foreign spouse can wait up to three years before receiving the PR permit and while waiting, that person prohibited from working. This questions the functionality of the family and violates the Constitutional rights of the family. The White Paper makes no mention of a more lenient policy for foreign spouses.

A. Process

1. Parliament, Cape Town: Tuesday, 16 May 2000
The following persons were in attendance:

Mr W Chapman, Chairperson: Foreign Marriages and Family Protection Association; Prof L Schlemmer, Centre for Development and Enterprise (CDE); Ms A Bernstein, Executive Director: CDE.

(1) Mr W Chapman, Chairperson: Foreign Marriage and Family Protection Association
The Foreign Marriage and Family Protection Association is a civil society organization, or more aptly defined as an action group, that strives to help foreign spouses. The main focus of the submission centres around the current prohibition of foreign spouses that are married to South African citizens, to either work or study before they have been granted with a permanent residence (PR) permit. The foreign spouse can wait for up to three years before receiving the permanent residence permit and while waiting, that person is prohibited for working. This questions the functionality of the family and violates the Constitutional rights of the family. The White Paper makes no mention of a more lenient policy for foreign spouses.

According to Home Affairs the Immigrants Selection Board is dealing with an 18-month backlog. South African law is very restrictive as there is currently no spouse work permit category.

The State should protect the rights of the South African citizens in the case of marriage.

(a) Fraudulent marriages
Both South Africa and foreign national should be charged if they enter into a fraudulent marriage. (Wrongful administrative functions can lead to costly civil/legal action. Criminal charges lead to an investigation, the result thereof is determined by a State prosecutor who decides to charge or not i.e. criminal charges does nor necessarily lead to a clogging up of the courts). When marrying, persons should sign a contract accepting the consequences of a fraudulent marriage.

Only people who abuse South African citizenship should be
penalised, but presently all foreign spouses are being penalised because some individuals enter into fraudulent marriages. Spousal application for Permanent Residence in 1999 was not that much and could not be considered a threat to 38 million South African citizens. Deterrent action through Courts could set a precedent to deter South African citizens from fraudulent marriages. The system should be toughened up on frauds in order to protect legal marriages.

(b) Recommendations
(i)The granting of Permanent Residence status should be delayed for a period of three years provided that such policy does not pose an intolerable financial burden on the newly established family. As both spouses are responsible for the maintenance of the family unit, a special temporary permit that allows such spouse to enter into employment, should be granted, provided that application has been made for a Permanent Residence permit.

Alternatively,
(ii) That such special working permit can be applied for if Permanent Residence application has been submitted and has not yet been submitted and has not yet been sanctioned by the relevant authority within three months of such submission.

(iii) That such special working permit is granted within South Africa.

(c) Current ramifications of delaying permanent residence Status
The administrative breakdown within the Department of Home Affairs (Department) led to the termination of Permanent Residence applications for several months. The Department has stated that the minimum waiting period has increased from 12 weeks to 72 weeks. While the Department has geared itself to deal with the backlog of applications, it appears that only couples that are married in excess of 24 months will have their Permanent Residence application expedited is submitted in full prior to 31 January 2000. A Permanent Residence applicant married for less than 24 months will have their application delayed to establish whether a legitimate marriage exists. The result of this action means that the non-national spouse is prohibited from entering into employment, study or activity that may enhance future prospects. The spouse is not even allowed to assist the South African in non-remunerative function.

The constitutional legitimacy of a three-year delay to grant permanent residence status to the non-national spouse of a South African citizen or permanent resident which affects the normal function of the family can be challenged on the following basis:

A widow period of 24 – 36 months does not verify the legitimacy of a marriage.

Such administrative action is unlawful in that it transgresses international law.
Such administrative action is procedurally unfair in that all legitimate applicants are suspected of criminal behaviour by having entered into a fraudulent marriage.

The beneficial consequences of the administrative action by ineffectually deterring "marriages of convenience" and adverse affect on a legitimate family are highly disproportionate.

The rights, interests and legitimate expectations of the family is materially and adversely affected or threatened.

Al families in South Africa require financial means to survive. As the South African spouse is the only breadwinner, many factors such as death, sickness, injury or loss of employment can affect the financial position of the family.

No family in South Africa should be threatened with an existence unworthy of human dignity.

The current policy of prohibiting the non- national spouse from contributing to the current or future pecuniary position of the family may affect the economic security of the entire family, their access to basic necessities, including food, health care, education, housing, etc.

In terms of the Section 28(1) (b) (c) of the Constitution, the right of the child to "family care" and "to basic nutrition and shelter" must be protected.

Restricting the access of opportunities to the non-national spouse violates the right to family life, which is included within the ambit of the right of human dignity. Under section 12 (2) (a) of the Constitution, the right to make decisions concerning reproduction would protect the married couple in their decision to start a family. States, in terms of international human rights law, have a duty to protect the rights of persons who choose to raise a family. Restrictions on the financial capacity of family imposed by government by prohibiting access to opportunities can directly affect the financial viability of such a couple to start a family, or threaten the welfare of the child.

Limiting the rights of the South African spouse, South African children and the non- national spouse by delaying the ability of the latter party to work is not reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. The argument has been raised that many foreign citizens have created employment opportunities for South Africans. Furthermore, it is incongruous that delaying the Permanent Residence application will have any impact on protecting the South Africans against competition. The foreign citizen will be burdened with a natural handicap within the local job market. By limiting the non-national spouse in engaging in entrepreneurial activity takes employment opportunities away from South Africans.

If the livable wages is calculated at R1000 per month, the family unit will suffer a potential minimum loss of R36 000 over a three year period.

Section 22 of the Constitution limits "the right to choose their trade, occupation or profession freely" to South African citizens. Current Department policy recognises that such limitation is not applicable to a non-national with Permanent Residence status, provided that such person is the spouse of a South African citizen.

(d) Exemption of prescribed contribution
South African enterprises should be exempted from paying the proposed "prescribed contribution towards the special national training fund" when employing a non-national. Provided that such person is married to a South African citizen.

(e) Exemption of visa extension fees
Delays caused by the failure of public administration to be efficient result in unnecessary visa extension fees to be born by the family.

(f) Exemption of study limitations
Members of families who have applied for Permanent Residence should be allowed to study without requiring special study permits.

(2) Ms A Bernstein, Executive Director: CDE
The parameters of White Paper is too narrow and it does not provide unambiguous policy prescriptions. The White Paper has been described as schizophrenic as it assumes that immigrants are a threat to formerly disadvantaged citizens.

The CDE focuses on the importance of skilled migration.

(a) Facts
South African is not producing enough skilled people, while a high level of skilled people are needed to stimulate economic growth. The entry of skills is necessary to produce growth and increase the expansion of the economy in South Africa. 4000 people emigrate per annum from South Africa.

In future, HIV and AIDS will have a major impact on skilled people in South Africa. Every week, 3 to 4 teachers die of AIDS in Swaziland.

(b) Skilled foreigners
South Africa scarce skills in many areas. To import skills creates wealth and some other country has to bear the costs of educating the skilled person. South Africa is in need of skilled people and the White Paper is not good enough in addressing this issue.

(3) Prof L. Schlemmer, CDE
South Africa’s skilled people compete overseas by emigrating. There are not enough skilled people in government to provide services. 21% of South African Chartered Accountants live outside the country. The South African brain drain is a serious problem and South Africa is losing skilled labour. There is a brain drain because there are opportunities overseas, People who emigrate are usually ones with much more modern fibre and are not racist.

Although there is a need to train more people in South Africa this will take time. South Africa needs as much skilled people as possible for the next five to 10 years. from abroad. CDE is not in favour of a point system as foreigners will be more expensive to employ.

Disadvantaged communities will not lose out because of skilled immigrants. The South African economy should not be seen as a fixed cake. A growing cake (economy) with bigger slices for everyone is needed. The only way to achieve this is through the importation of skills. Skilled immigrants should be regarded as fixed capital of investments.

Internal training must improve but entrepreneurs are urgently needed. It is also very problematic that there is a falling number of matriculants that have mathematics and science of higher grade.

(b) Economic confidence
Good government is characterised by competence and capacity. The visions and principles of the White Paper are sound and there are winning principles struggling to swim. Presently these principles are entangled in bureaucratic red tape. Flexibility is vital as it is imperative to establish the movement of people. Work permit bottlenecks is a cause for concern.

The new global era demands porous boundaries. The CDE is committed to Gear. The White Paper should be realistic about capacity and constraints in bureaucracy.

(c) CDE recommendations
(i)The Government should acknowledge the skills crisis and its negative consequences for all South Africans. The crisis has three consequences for migration policy:

(aa) The doors of the country must be opened to as many professionals and entrepreneurs as can be attracted to come to South Africa.

(bb) This is not a threat to blacks, but an expansion of opportunity.

(cc) The government should consider whether it is doing enough to keep skills in South Africa.

(ii) There should be clear rules of administrative decision.

(iii) The proposed additional training levy will be a tax on efficiency and economic recovery and should be eliminated since it counteracts the beneficial effects of recent reductions in company tax.

(iv) The White Paper should not invest NEDLAC, a negotiating body intended to resolve conflicts of interest, with executive or advisory authority in respect of the determination of immigration targets and quotas.

(v) Affirmative action should be pursued within other domains of policy and not imposed as a criteria likely to distort the optional flow of valuable skills to an economy with unpredictable and changing skills needs.

(vi) The Immigration Review Board should be strengthened to give it wider powers to determine general quotas, guidelines and criteria in respect of the issuing of work permits to foreigners

(vii) The reputation of the Department of Home Affairs has suffered badly because of difficulties encountered by important investors in South Africa, in securing necessary production, managerial and professional skills. If Cabinet is serious about economic recovery and sustained growth, it will ensure that the Minister has the full backing in turning immigration policy into an instrument of economic progress.

(2) Wednesday, 17 May 2000
The following persons were in attendance:
Mr V Williams, Manager: Southern African Migration Project. Idasa; Mr M. Khanye, individual; Mr F Jenkins, Legislation Researcher, Human Rights Committee; Mr V Esselaar, Chairperson of Task Group on Migration, Business South Africa (BSA); Mr H Makapula, BSA; Mr J Loubser, BSA; Mr J Liebenberg, BSA.

(1) Mr V Williams, Manager: Southern African Migration Project, Idasa
South Africa should deal with push factors of immigration in the countries of origin and should accept that there is a relation between migration and development.

The White Paper primarily focuses on illegal immigration and a broader immigration policy should be developed. Enforcement should come after policy formulation.

More neutral terminology should be used.

The White Paper is silent on issues of gender, e.g. Cross border traders (mostly female). What about the family back home?

The White Paper is also silent on training and service delivery.
There is a need for administrative reform.

The roles of the Ministry, the NIA, the SAPS and the SANDF should be specified.

An open-border arrangement with Lesotho should be considered.

Maybe a new team should re-draft the White Paper.

Idasa endorses the system of internal enforcement of immigration control but does not support the White Paper strategy to do so, as it will increase xenophobia. The pre-occupation with enforcement and control is also not desirable.

South Africa should discuss immigration problems with neighbouring countries and enter into bilateral agreements.

We accept that people are driven by economic reasons and it is therefore in South Africa’s interest to assist with the economic push facts in source countries.

Idasa is concerned about the additional security service as proposed in the White Paper, as it seems like a Home Affairs army. Ideally, immigration and customs officials should be very friendly.

The definition of a skilled
The definition of a skilled person should also be defined otherwise who will decide who is skilled or not?

(2) Mr M Khaye (presented as a business person and an individual)
Very little is said of the consequences that immigration holds for the poor people of the country. South Africa has a high unemployment rate and many people are skilled. The present government was voted in by the poor and now traders and hawkers from all over are seen in the streets. The South African security industry, hotel and catering industries are full of immigrants.

Many people see no change in their living conditions. The perception from the ground is that foreigners are taking jobs from South African citizens. The competition for jobs will intensify and the number of jobs will not increase. Xenophobia will also increase.

How can it be known that in the long run skilled immigrants will not leave for greener pastures? Is the message that South Africans are no good and therefore foreigners are used? In reality less and less people are required because of computers. High unemployment causes political and social instability.

Solutions
(a) The government should listen to the concerns of the people and should create a mechanism to cater for the people

(b) The development of people should take place alongside the reconstruction of the country.

(c) The police should receive more power to deal with criminals and border control should be more effective.

(d) People should be educated as to how to create their own jobs.

(e) Government should give more support to small businesses.

(3) Mr F Jenkins, Legislative Researcher: Human Rights Committee
The Human Rights Committee’s submission concentrates on Chapter 11 of the White Paper and whether the policy of enforcement is valid for South Africa.

The White Paper does not proposed a workable solution to immigration control in South Africa.

The responsibility imposed by the White Paper on South African citizens to report illegals is not good. How will people know, who is illegal and who has false documents. One can only distinguish documents with training.

To send those who employ illegals to jail is no good as will not add to the economy. Fines should be imposed on those who employ illegals.
The role of Chapter 9 institutions of the Constitution needs to be acknowledge and incorporated in the White Paper.

An assessment of the financial implications of the White Paper to be done. How can South Africa fund a new immigration policy if the old policy is already in the red.

(4) Mr V Esselaar, Chairperson of Task Group on Migration: BSA
Business South Africa is the most representative of the business community in South Africa and is a confederation of 19 organisations.

There are some controversial recommendations in the White Paper. BSA disagrees with the proposed legal immigration as put forward in the White Paper as South Africa need the skills from the outside world.

Opening of borders to skills
The mining industry need assurance that the present legal migration will continue. The market grows as you introduce skills. BSA does not advocate the total free movement of skills but it must be remembered that South Africa is not a very desirable place for foreign skilled labour.

America would have been backward if no foreign skills were introduced. Skilled immigrants create jobs.

In South Africa, within 10 years, 50% of jobs as we know them would have disappeared. This is true especially for the service sector.

South Africa is presently in urgent need to import skills and it is not possible to train the needed skills internally in order to satisfy the need. South Africa must use the built up skills of other countries to drive the economy

If Ford or whoever want to start up a plant in Port Elizabeth, they need to import skills from overseas to do so. They cannot train people internally if there are no jobs for them. Skills create jobs and then people can be trained to fill those jobs. It is imperative to train people but need critical mass to get going as you cannot train people in a vacuum. South African does not have a large maritime industry and the Koega project, for example, can only be kick-started with skills from abroad. Another example is the Victoria and Alfred Waterfront that has been duplicated from abroad.

The skills levy as proposed in the White Paper will chase investors away. South Africa must make investors welcome and too many taxes and levies will chase away potential investors. In order to create jobs, labour costs must be reduced. Only Singapore has a levy similar to that proposed by the White Paper.

Capital gains tax, skills levies and other taxes creates a barriers for potential investors. South Africa is far from Europe and such taxes literally doubles the distance.

(5) Mr H Makapula, BSA
A needs assessment of the needed skills based on the South African historical position should be done. To introduce a quota for the importation of skills, presumes that South Africa has more skills than required.

In the era of Globalisation workers are highly skilled and are very mobile. Many countries are now re-thinking their stance on legal immigration. Ireland is an example of a country that is good at attracting investment, by giving businesses grants.

A work permit must be issued if an employer can give good reasons why a foreigner should be employed. All relevant information must be provided but if the Immigration Service denies the work permit application, an appeal should lie with the immigration court.

(6) Mr J Liebenberg, BSA
The ideal situation would be an absolute free movement of skilled people but government will not support such a policy. BSA proposes that when an employer can give a reasonable reason why a skilled immigrant is needed, then a work permit should be issued.

(3) Friday, May 2000
The following persons were in attendance:
Mr N Coleman, Head Parliamentary Office, Cosatu; Mr O Modibe, Deputy Head: Parliamentary Office, Cosatu; Ms L More, Regional Educator: Cosatu; Commissioner Z Majodina, Human Right Commission; Mr V Southwell, Legislature Monitor/Parliamentary Officer: Human Rights Commission; Ms V Rajah, Study and Work Abroad Advisor: International Affairs Office, University of Pretoria; Ms M Mashlell, University of Pretoria; Ms C Thomas, Manger: International Academic Programmes Office, University of Cape Town,

(1) Mr N Coleman, Head: Parliamentary Office, Cosatu; Mr O Modibe, Deputy Head: Parliamentary Office, Cosatu; Ms L More Regional Educator: Cosatu
After the public hearings the White Paper should be adjusted where necessary.

The White Paper should be tabled at NEDLAC and the Committee should deliberate the Nedlac report.

(a) Cosatu concerns
Where the White Paper differs from the greenpaper, reasons should be given.

The following six principles of Cosatu should be considered:

(i) White Paper policy must not compromise the position of labour in South Africa.

(ii) Government must consult broadly before finalising immigration policy.

(iii) Immigration policy must not lead to the erosion of South African work standards.

(iv) Control of people entering and leaving the country should be compromised.

(v) Those who employ illegals should be penalised.

(vi) The attraction of foreign skills should not compromise internal training programmes.

Migration is a cross sectoral issue that must be well co-ordinated.

The White Paper must have a section on general principles.

The White Paper is over fixated with the issue of illegal migration and the issue of illegal migration must be further investigated in order to defuse the highly charged discussion.

The White Paper addresses the issue of illegal immigrants and does not focus on how to address socio-economic push factors. The White Paper must therefore be linked to a broader strategy of development in the region that includes a strategy of regional development.

The unsubstantiated claims of the State’s capacity in the White Paper is a problem. The emphasis should be to first build capacity as the White Paper assumes that where the State lacks, the private sector will provide.

Each statement in the White Paper must have a vision and there are omissions, e.g. Gender migration policy and other gender issues.

The White Paper only focuses on GEAR and it must also consider the major vision of the RDP.

The White Paper must further consider international law and policies, be a systematic reviewer of sectoral policy, entrench the right to fair hearings and appeals.

(b) Migration and the labour market
Harmonisation between labour market policy and migration policy is needed.

Provision must be made to regulate labour standards.

Where casual labour is used there must be compliance with labour legislation.

The White Paper view of the economy is problematic as it is unclear what the economic fundamentals are according to it. The sections in the White Paper that allows for the variation of labour standards must be removed.

Cosatu cannot support the sections of the White Paper that delegates certain regulatory functions to business, e.g. visa applications for corporate permits. It is also unclear whether the Immigration Service will have the capacity to monitor this delegated power.

If the Immigration Service does not have the necessary capacity, it is doubtful that it will be able to monitor the White Paper proposals.

(c) The White Paper in general
The strategy is not detailed enough to deal with the brain drain.

The White Paper that only skilled workers add value to the economy is problematic. The distinction between skilled and unskilled labour is superficial. Cosatu does not support the opening of gates for skilled workers but does recognize the need to attract skilled people, but this should be combined with internal development and training.

The White Paper proposal that employers who employ illegals must pay fines to the National Skills Fund, must be realigned with already existing legislation.
It is very disconcerting that the White Paper does not address the system of compulsory deferred pay. This system says that a portion of the income of a foreign migrant must be transferred to his/her country of origin. In Mozambique found corruption – stealing of this deferred pay. Compulsory deferred pay is very complex and it is not always easy to intervene when an agreement has been made between workers and their countries of origin. Negotiation and discussion on this issue be referred to Nedlac.

The White Paper is not clear what status will be given to migrant workers. Their status must be clarified.

By evading any direction regarding regional develop in White Paper misses the opportunity to contribute to this protocol.

(d) Enforcement
The propose Immigration Service as contained in the White Paper is based on the American system and no explanation is given as to why the current Directorate on Immigration in the Department of Home Affairs can not fulfill the role of the proposed Intelligence Service.

The SAPS and the SANDF presently forms part of immigration control and enforcement. COSATU does not agree with the establishment of the Immigration Service and the privatization of certain functions, e.g. detention centers. The focus should be to build capacity for the Directorate of Immigration. As the current Directorate of Immigration does not have enough capacity it can not be assumed that the Immigration Service will have the necessary capacity. One can also not assume that the private sector will help where the Intelligence Service lacks capacity.

A chapter on rights should be incorporated in the White Paper. When apprehended, people should know their rights. Access to information, etc.

(e) Addressing xenophobia
Objective and neutral terminology should be used in the White Paper as words such as "alien" only serves to contribute towards xenophobia.

The notion that immigrants have flooded the country has to be redressed.

The White Paper proposal that members of the public should act as informers will lead to a witch-hunt,

(2) Commissioner Z Majodina, Human Rights Commission; Mr V Southwell, Legislature Monitor/Parliamentary Officer: Human Rights Commission (HRC)
The main thrust of the submission is the proposal of a regional developmental approach immigration. South Africa must negotiate with SADC countries and enter into bi-lateral agreements.

The White Paper proposals are unenforceable as our system are not adequate to monitor illegals in South Africa. The policing of South African borders is also not a viable option.

Four areas of concern:

(a) South African obligation to the region.
(b) Xenophobia
(c) Human rights violations.
(d) Potential for corruption.

(a) South African obligation to the region
The White Paper fails to outline a policy of regional development as it only seeks to let in those who add value to the South African economy and to keep to those who do not. This approach is ineffective and inhumane and will only contribute to illegal migration.

It costs South Africa R22 million per annum to deport illegal immigrants. We must adopt a management approach that incorporates regional issues and regional development. We must take bilateral agreements into account.

Migrant labourers must subject to the same conditions as the internal labourers.

We must remember that informal traders generally do not want permanently reside in South Africa. They consume and return to their countries of origin.

Deportation is very ineffective immigration strategy as illegals continuously return to South Africa. Illegal immigration must be managed from the side of the source country as well. The assertion in the White Paper that it is not possible to deal with the push factors of the source countries of illegal immigrants is shortsighted. South Africa should open its borders to SADC countries in a responsible manner.

(b) Xenophobia
There is an irrational dislike of foreigners in South Africa and the poor and homeless are shifting the blame of the economy to foreigners. The figures on illegals in South Africa are over inflated. The Department of Home Affairs needs a strong research body,

Xenophobia is a little understood concept that is not dealt with in the White Paper at all.

The historical legacy must be taken into account and border control has proved to be very ineffective. The proposed community based policy will however increase xenophobia. This proposed policy is also open to abuse and reminds one of the pass law system.

The proposal the proof of citizenship should be produced is also a cause for concern.

(c) Human rights violations
The White Paper limits the rights of illegal immigrants and this is in contradiction with the Constitution.

The White Paper proposes Immigration Courts but most immigrants will not be able to afford the costs of appeal.

Concerned about proposed privatization of detention facilities. The State should build the needed capacity in this regard. Corruption is also prevalent at detention centers. 10% of those detained at Lindela are wrongfully detained. This figure is way too high and currently there are no measures to rectify this situation. There is too much secrecy at Lindela and it is a good idea for the Committee to go and visit the facility. There are many unaccompanied children at Lindela.

(d) Potential for corruption
The White Paper only pays lip service to the issue of corruption, and immigration policy should not be undermined by a lack of enforceability.

(3) Ms V Rajah, Study and Work Abroad Advisor: International Affairs Office, University of Pretoria
Despite the University of Pretoria’s submissions and other higher education submissions, higher education proposals were mostly ignored in the White Paper.

The White Paper does not combat problems with xenophobia and offers no substance as to how to deal with such problems.

A separate education/higher education section should be included in the White Paper. The White Paper only briefly touches on the importance of international students and staff.

There is a lack of government coherence at policy level. We cannot give institutions power to issue study permits as this leaves the gate wide open for corruption.

Well pleased though that refugees have been dealt with in a separate legislation.

(4) Ms M Mashlell, University of Pretoria
Sometimes finds out from Home Affairs that the permit requirements for foreign students have changed – all stakeholders should be informed of changes in advance.

The study permits for some Masters students are also impractical as some need to do practical work that they are not allowed to be paid for.

2. Gauteng: Johannesburg, Monday, 31 July 2000
The following persons were in attendance:
Professor J Klaaren, Ms J. Tlou and Reverend W Jabuka: National Consortium of Refugee Affairs (NCRA) (Rev Jabuka also represented the South African Council of Churches (SACC); Ms A Daly, Academic Personnel Manager: University of the Witwatersrand; Dr S Pepperdy, Post-doctoral Fellow Department of Geography and Environmental Studies, University of the Witwatersrand; Ms C Murugan, Mr J Smith, Mr P MBECKE: Jesuit Refugee Service; Adv C waters and Adv C Minaar, Law Society of Gauteng; Mr B Maseko, Airports Company of South Africa; Mr A Yusuf, Co-ordinating Body for Refugee Community; Mr P Makhubu, Ms P Sithole and Ms F Ramosana: African National Congress; Mr A Selepe and Ms L More, Congress of South African Trade Unions (COSATU); Mr A Muhade, National Union of Mine Workers (NUM)

Presentations were made as follows:

(1) Professor J Klaaren, Ms J. Tlou and Reverend W Jabuka, NCRA (Rev Jabuka also represented the SACC)
(a) The community services control approach is the incorrect approach and is unlikely to be effective as it will.

(i) increase xenophobia

(ii) increase violence against non-South Africans, including asylum seekers and refugees, and

(iii) serve as a link between racism and xenophobia.

This approach is unlikely to be as effective as more targeted approach to enforcement of immigration control that strengthens the criminal justice system and the labour market sector.

The White Paper insistence on the presentation of formal identification requirements may lead to serious inefficiencies in the provision of basic socio-economic services to both non-South African’s (including refugees) and to South African citizens as well as violate the right to privacy.

(b) The NCRA is concerned that there is no explicit recognition in the White Paper that immigration legislation should not take precedence over the Refugees Act of 1998.

(c) The White Paper take a stance on the provision of permanent residence to refugees and the whole question of permanent residence for refugees and asylum seekers need a greater legislative framework. Although asylum is temporary in nature, there will be cases where refugees have developed strong family, social and economic links with South Africa to the point of regarding it their new home country. In these cases the government should give favourable consideration to applications for permanent residence and naturalisation. Procedural requirements such as police clearance certificates may need to be waived.

(d) The administrative independence of a number of structures set up by the Refugees Act of 1998 will need to be safeguarded in terms of any new immigration legislation. The structures of the Refugees Act relating to refugee status determination will need to have greater independence from immigration decision-makers. In particular the independence of the Refugee Affairs Appeal Board must be respected in order to maintain credibility, legitimacy and expertise within the refugee determination system.

(e) The political accountability of the Immigration Service (IS) suggested by the White Paper needs careful consideration. The White Paper mixes the lines of accountability between the Minster, Immigration Board and the Immigration Services and the managerial lines of accountability become difficult to discern. Accountability such as that being provided by Parliament and its Committees should not be lessened.

(f) The place of rights-regarding enforcement cannot be stressed too highly. Operation crackdown illustrated how the right of refugees and asylum seekers are perpetrated by the police as 247 people that were arrested and were being held at Lindela were refugees and asylum seekers. Most of these people said that they did have papers at the time of their arrest but it seems that the police do not understand the technicalities of papers and which papers are needed. If a proper legal system was in place, as opposed to an administrative system, such a bungle would not have taken place.

The White Paper move to internal control rather than border control is good, but the White Paper misses the point whilst determining how to do this.

The NCRA supports refugee protection but it should not be used as a back door to permanent residence.

There needs to be legislative policy on how refugee determination takes place and refugee should not be an administrative decision.

Formal identification requirements will block delivery of services.
Those who cannot afford the deposit to appeal against the decision of the Refugee Board might be marginalised.

(2) Ms A Daly, Academic Personnel Manager: University of the Witwatersrand
The submission aims to specifically outline the peculiar needs of tertiary institutions, and particularly universities.

The are two primary reasons why universities need to be able to employ foreigners

(a) The first is the lack of suitably qualified black South Africans. The pool of black academically qualified people that they sometimes command salaries three times greater than universities can offer. Few students, black or white pursue an academic career, and the secondary education system, as yet, has failed to produce the critical mass of black students required. While Wits is making every effort to enlarge the pool of black academics through targeted undergraduate programmes and increased postgraduate intake, it will take some years before reaching a degree of self-sufficiency. In the meantime the only way to provide role models for black students is by recruiting black non-South Africans.

(b) The second reason why universities need to employ non-South Africans is the basic need for intellectual renewal. To participate fully in international debate it is necessary to bring foreign academics to South Africa, as well as enabling South Africans to gain experience overseas.

The other sector of the university affected by migration legislation is the student body. South African students need to widen their perspective by being exposed to their peers from other parts of the world.

Foreign students are also a valuable source of income for universities.

The White Paper makes no particular provision for foreign academics. The emphasis throughout is on employers in the private sector.

Universities are in a very different and highly specialised category and the Department of Education would perhaps be a more appropriate and relevant overseeing body than the Department of Labour. (cf sections 8.2 & 8.5 of the White Paper, pp 30 & 31.)

In particular the White Paper makes no provision for visiting academics who are employed to teach or carry out research for short periods of up to three months. The process described in section 4.2 of the White Paper (p 25) expressly prohibits a person from working during such a visit. He/she would, presumably, need to go through the lengthy process of acquiring a work permit which is likely to discourage many people who would make a significant contribution to learning in South Africa.

The needs of universities should be taken into account and accommodated in the proposed migration processes – either as a discrete category of foreign workers, or through amendments to the measures proposed in the White Paper. If universities are provide South African students with the best possible tuition and research opportunities it is essential that recognition is given to the special contribution made by foreign academics. The White Paper presents a unique opportunity for this uniquely skilled group of people.

The proposed community services control approach is likely to increase the level of xenophobia and is unlikely to be as effective as a more targeted approach to enforcement of immigration control.

Universities are a very special case and the White Paper makes no particular mention of them.

(3) Mr A Selepe, Mr A Mahude and Ms L More, Cosatu
Foreign migrants should not be treated differently that South Africa workers. In many instances foreign migrants receive lower wages that South African workers. All labour law should be applied equally.

The White Paper should not be biased to skilled workers or to business.

The system of compulsory deferred pay should be scrapped. It takes time for workers to receive their money when they return to their country of origin.

The structure of the White Paper is not very appropriate.

The Employment Bureau of Africa Limited (TEBA) is riddled with problems.

(4) Dr S Pepperdy, Postdoctoral Fellow: Department of Geography and Environmental Studies, University of the Witwatersrand
This submission draws on research funded by the Canadian International Development Agency through the Southern African Migration Project and the Canadian International Development Research Centre. Between 1996 and 2000 some 404 Africans cross border traders have been interviewed for all SADC countries including South Africa.

The submission concerns the issuing of visas to persons from SADC countries who are involved in cross border trade activity between South Africa and their home or other countries in the SADC.

The introduction of a renewable three-month multiple entry visa for traders as proposed in the White Paper is a good idea. This recommendation should be included in any future legislation (it is not included in the draft Migration Bill) as it will facilitate the migration of people who will benefit South Africa (p 9 of the White Paper).

A separate category of visa is necessary because SADC small entrepreneurs do not usually qualify for business permits. They are presently issued with visitor visas (apparently with officials knowing that they are entering South Africa to do business) which are inappropriate for their activities. Reciprocal arrangements should be sought with other SADC countries to facilitate he participation of South African small entrepreneurs involved in cross border trade.

Cross border trade by small entrepreneurs should be encouraged through the introduction of a multiple entry visa for SADC citizens involved in cross border trade as:

(a) It falls within the remit and objectives of a range of South African government policies and economic development initiatives for South African and the region.

(b) It falls with formal sector regional trade objectives.

(c) It would facilitate the activities of these small medium entrepreneurs and will help the development of the SMME sector in South Africa and SADC countries.

(d) It would promote the export of goods targeted by South Africa’s export and manufacturing strategy.

(e) It provides employment opportunities in South Africa and in SADC countries through developing entrepreneurial options and because these entrepreneurs employ people in their businesses.

(f) It would present inappropriate use of the visitors visa.

(g) Formally recognising the activities of these traders would help to prevent illegal entry and corruption at the border when in South Africa.

(h) It would assist in controlling the entry and exit of illegal goods.

(i) It would make a relatively significant contribution to the South African economy.

These small and medium entrepreneurs largely fall into three categories:

(a) People who come to South Africa for short periods (1-4 days) to buy goods to take back to their home country to sell. These goods are sold in markets, on the street, and to formal sector retail outlets. This category appears to be the most numerous.

(b) People who come to South Africa for longer periods (1 week to 2 months) who brings good to sell on South Africa’s streets and to certain formal sector outlets. The profits are then invested in buying goods in South Africa which are taken back to their home countries for sale.

(c) There is a small category of people who only bring goods from neighbouring countries to sell in South Africa without taking goods out for export.

This trade should be seen as a part of South Africa’s policies which encourage regional trade and economic growth. It should also be noted that "informal sector" cross border trade between South Africa and other SADC countries is only one aspect of regional trade relationships. This trade also occurs between other SADC states, excluding South Africa

(i) Policy Environment
A range of South African economic policy and development initiatives emphasise the importance of developing regional trade, regional export markets and SMMEs. The advantages of these policies should not be confined to large formal sector companies. The business of small entrepreneurs involved in cross border trade should be facilitated as a means to encouraging the entrepreneurial sectors in South Africa and in SADC states as well as regional trade.

These initiatives include:

(aa) The Growth, Employment and Redistribution Strategy – which stresses the need for growth in the export sector to realise goals for GDP growth and job creation and which encourages expansion in private sector capital formation.

(bb) Spatial Development Initiatives (SDI’s) – particularly the Maputo and Libombo Corridors, which stress their importance for achieving higher rates of economic growth and job creation and promoting areas of export manufacturing. Increasingly emphasis is laid on using SDIs to develop and support the growth of a Southern African regional economy.

(cc) Strategy for the Development and Promotion of Small Business in South Africa – published in 1995, the Strategy which was followed by enabling legislation, commits the government to uplifting the role of SMMEs. Fundamental to the process are: fostering an enabling environment, stimulating sector-focused economic growth, facilitating income earning opportunities and addressing the legacy of apartheid through promoting the development of black owned business.

(dd) SADC Free Trade Protocol – the protocol emphasises tariff reduction as a means to encourage regional economic growth and to develop inter-regional trade.

(ee) Manufacturing and export promotion policies – these emphasise developing certain sectors of South Africa’s manufacturing industry including : textiles, electronics, machinery and food products, all of which are important goods to small entrepreneurs involved in informal sector trade.

(ii) Cross Border Traders
These traders largely fall into three categories from a range of SADC countries, primarily: Botswana, Lesotho, Malawi, Mozambique, Swaziland and Zimbabwe. South Africa’s small entrepreneurs are also involved in taking goods to neighboring states and importing goods from them.

The business involved both men and women. Research suggests that cross border trade involves a greater number of female than male entrepreneurs, thus, promoting the economic empowerment of women in the region. Most are aged between 25 and 35 years.

Their business enable these entrepreneurs to meet the education, housing and other basic needs of a significant number of dependants. Research shows that each trader supported on averages 3.2 children or spouses.

(iii) What they trade and where it is sold
Goods taken out of South Africa by these entrepreneurs to other SADC countries include: clothes and shoes; electronics (TVs, hi-fi’s videos, radios); appliances (stoves, fridges); household goods (pots, plates, cutlery); bedding (blankets, duvets); furniture (particularly plastic tables and chairs and mattresses); cosmetics; car parts; bicycles; machinery; processed foods (rice, oil, sugar); meat and chicken; vegetable, fruit, meat and chicken are particularly important to Mozambique where traders (South African and non-South African) supply wholesale and retail markets. Thus they support South Africa’s manufacturing and export policies.

Goods are usually bought in South African formal sector retail and wholesale outlets where VAT is paid on goods bought.

Goods taken out of South Africa are sold in markets, on the street, to formal sector retail shops and restaurants, and to individuals. Goods brought into South Africa are sold on the street, to individuals, and sometimes to formal sector retail outlets and restaurants. Some traders own small retail outlets in their home country (South Africa of SADC)

Goods brought into South Africa often target particular markets and include goods not available in South Africa: curios and handicrafts; wire to make wire goods; baskets; crocheted goods; traditional dresses; capulanas; fish and shellfish; cashews and vegetables.

(iv) Value of Trade
The value of goods carried by these entrepreneurs varies widely as the trade encompasses people whose business is transporting lorry loads of vegetables and fruit across the border worth from R10,000 to R20,000 to people carrying bags of chips and cold drinks to sell at the border valued from R200 – R300. The value of goods carried by individual interviewees in the studies forming the basis of this submission fell within the range of R1,000 to R5,000 each journey. Average profit on each journey ranges from 15 – 40 %

(v) Employment of Others
These small entrepreneurs employ people in their business. The employees are employed in South Africa and in the SADC countries. Numbers of employees range from one to eight per entrepreneur. Over 60% of Mozambican respondents employed people in their business in Mozambique.

Research shows that an average of 2.1 people per SADC trader employed in the home country. South African cross border traders employ an average of 1.3 each South African in the business. Over 50 % were non-family members.

Research shows that at least 20% of SADC cross border traders involved in the handicraft /curio sector of street trade in South Africa employ people (usually South Africans) in their business.

(vi) Ambitions, Desire to Stay Permanently in South Africa
Less than 5% of cross border traders in the studies examined for this submission said that they were interested in living permanently in South Africa.
Most traders see themselves as entrepreneurs and show a strong commitment to their business. Less than 50% said they were interested in finding formal sector employment and only 5% of those who said they wanted to work in formal sector jobs were actually looking for work. Significant numbers of the people interviewed for these studies were actively involved in developing small businesses in their home countries by investing the profits from their cross border trade. These businesses included; retail shops, and ice-cream making business; a construction company; beauty and hair salons; a chicken farm; a bottle store and guesthouse; and a restaurant.

(vii) How often do Traders Cross the Border?
Research suggests that patterns of movement across the border vary widely. The majority of cross border traders who come to South Africa only to buy goods cross the border at least once a week, many travel as often as two or three times a week. A significant proportion of traders who only shop in South Africa travel two or three times a month. Traders who come to South Africa with goods to sell have more erratic patterns of movement as it is dependent on the length of permit issued at the border and how long it takes them to sell their goods. The majority cross the border at least once a month, others every two to three months.

Length of stay in South Africa various. Traders who only buy in South Africa stay for 1 – 4 days. Traders who sell in South Africa as well as buy stay for periods of one week to two months.

(viii) Visa Status
Research suggests that overwhelming majority of these traders hold visitors visas. This suggests that they want to enter South Africa legally. Most have to provide paperwork, and in the case of Mozambicans, pay relatively costly visa fees of R180.
Interviewees found the increasing restrictions and demand for documents difficult and a hindrance to their business. They also said that single-entry visas restricted their ability to trade. They did, however, show a strong commitment to wanting to enter legally with proper papers.

Because a visitors visa does not technically allow cross border traders to participate in street trade, but these visas are issued to people who are known to be entering South Africa to sell goods (and to buy them), this leaves them vulnerable to arrest by the SAPS and Home Affairs officials. More often it seems it leaves them vulnerable to corrupt SAPS AND Home Affairs officials who take bribes rather than arrest them. Thus regularising their activities would be to the advantage of the State and the traders.

The ambiguous use of visitors visas make it difficult for the Department of Home Affairs to monitor and regulate patterns of migration as there is no way of distinguishing between traders, visitors, and people using visitors visas to find employment.

These entrepreneurs travel frequently across the border. Issuing multiple entry visas would reduce administrative pressure and costs to government and traders.

The system creates uncertainty for traders as they are unsure if, when and for how long they will be allowed to enter South Africa, hampering their ability to trade and plan.

(ix) Issues of Legality
Issues of illegality and corruption obviously arise when discussing informal sector cross border trade. Illegal goods, drugs, guns, and stolen goods from part of the volume of goods which cross the border. However, research suggest that there is a separation between criminals involved in the trafficking of illegal goods, and cross border traders and entrepreneurs who carry legal goods.

As noted above, most traders appear to have visas to allow them to cross the border but not to sell goods in South Africa. Thus they enter legally but their activities may flout the letter of the law. This appears to encourage venality amongst South African officials, and for some traders, is a significant cost to their businesses.

The main areas of illegal activity that cross boarder traders are involved in is in the smuggling of goods which, if full duties were paid on them, could legally cross the border. This is largely a reflection of high customs duties imposed by neighbouring states. Most traders appear to pay customs duties on part of the goods they carry across the border and then pay bribes to customs officials to let the rest of the load through. Others pay people to carry the goods across the border illegally (often at night). It also appears that there is some abuse of informal border crossing points. This however, is an issue for Customs and Excise and may, at least in part, reduce following the passing of the SADC Free Trade Protocol. Certainly facilitating the legal entry and exit for SADC traders is likely to encourage traders to pass through formal border crossing points and to have the proper documents. Then proper customs control can be exercised.

(x) Contributions to the South African Economy
These entrepreneurs make a significant contribution to the South African economy:

(aa) They promote the formal wholesale and retail sectors through the purchase of goods and thus indirectly promote employment.

(bb) The export goods which are targeted by South Africa’s manufacturing strategy and thus indirectly promote employment.

(cc) They pay VAT on goods bought as most are bought in the retail and wholesale sector.

(dd) They pay for food and accommodation in South Africa.

(ee) They travel on South African transporters, buses, taxis and Spoornet.

(ff) When visa fees are imposed (e.g. Mozambique) they make an important contribution to the coffers of the Department of Home Affairs.

(gg) By providing income earning opportunities, employment and support to dependents that may indirectly reduce migration to South Africa of people looking for jobs.

(xi) Recommendations
(aa) A new temporary permit category should be introduced for individual small, medium and micro entrepreneurs involved in cross border trade – as recommended in the White Paper (p. 31).

(bb) The permit should be a renewable multiple entry visa/permit valid for a minimum period of three months. If a trade shows good faith, permits could be extended to six months.

(cc) The permit could be limited to citizens of SADC countries – and then if necessary extended to citizens of other (African) countries. Reciprocal arrangements (bi-lateral or multi-lateral) should be sought with other SADC states to facilitate the access of South Africa entrepreneurs to regional markets.

(dd) Such a permit would;

1 Reduce administrative costs to the Department.

2 Release officials to deal with more pressing migration concerns.
3 Recognize another of the reasons people enter South Africa on a temporary basis.

4 Remove the ambiguous visa status of small cross border traders.

5 Remove opportunities for corruption.

6 Improve the regulation a management system.

3 North-West: Mafikeng. Tuesday, 1 August 2000
The following persons were in attendance:
Mr A Nebe, Chairperson; Cosatu North West; Mr S Mokoena, Secretary: Cosatu North West; Mr N Tikita, Ms J Mosola, Ms D Raphephe: Cosatu North West; Ms M A Khunwana, Standing Committee on Social Services, Arts, Culture and Sport; Mrs M Matladi, Standing Committee on Social Services, Arts, Culture and Sport; Mrs M M Bopalamo, Chairperson: Standing Committee on Education; Mr L C Sebogo, Deputy Director: Home Affairs, North West; Mr T Mocwaledi, Mr B E Madikwe, Ms P A Tlhone, Ms S M Bereng, Ms G F Mophulane, Mr T E Zondo, Mrs D R Maseng; Mr L K Malla, Ms M B Moraloge; Home Affairs, North West.

Presentations were made as follows:

(1) Mr S Mokoena, Secretary, Cosatu North West
Not all stakeholders attend public hearings and therefore the White Paper should follow the Nedlac route.

Farm workers in the North-West are being replaced by foreigners for lower wages.

Government has no control over the informal sector of street sellers.

The country’s tax law are not respected by migrants.

They do not fill in tax returns and there is no control over those who sell their goods in the street and they are evading the by-laws of the municipality.
Asylum seekers with section 41 permits are also tax evaders.

(2) Mr A Nebe, Chairperson: Cosatu North West
There is no proper screening of persons with academic qualifications who enter South Africa.

Many people with false CV’s enter South Africa.

Truckloads of unlawful goods come in through border posts and are sold illegally.

The selling of illegal goods is killing the South African industry.

The whole issue of border posts and proper control must be addressed.

Migration can not be stopped but there needs to be a mechanism by which to scan the qualifications of those who enter South Africa.

Skills that are needed should also be brought into our country in order to develop and create jobs.

The people who emigrate from South Africa are very well skilled and well qualified but those received by South Africa are not skilled.

An example of well skilled people that left South Africa are the nurses that leave for the United Kingdom.

A screening process must be done to let in skilled people and the screening should also be done to stop those with false qualifications.

(3) Mr L C Sebogo, Deputy Director: Home Affairs. North West
Customs money and Value Added Tax (VAT) to be paid on incoming goods at border posts do not fall under Home Affairs but under Inland Revenue.

Inland Revenue, the SAPS and departmental officials are represented at border posts.

People from SADC countries enter South Africa borders and buy goods here. When they return to the SADC country that they come from they reclaim the VAT that they paid on the goods and then two days later they return to South Africa to sell the goods. When they return they do not have to pay customs in terms of SADC agreements.

(4) Mr Malla, Home Affairs: North West
Border patrol must be intensified as most illegal goods enter South Africa through this avenue.
Fraudulent marriages is also a big problem and is widely used to get residence.

The community control approach advocated by the White Paper open the flood gates of corruption. South Africans could black mail illegal foreigners in order not to report them to the Immigration Service.

(4) Northern Province, Pietersburg: Wednesday, 2 August 2000
The following persons were in attendance:
Professor M Nkondo, Vice Chancellor and Dean of Science and Technology: University of Venda; Professor A Musyoki, Faculty of Geography: University of Venda; Professor P Omara-Ojungu, Dean of Environmental Sciences and Professor of Geography: University of Venda; Mr P Mutandanyi, Lothava Legal Advice Office; Ms F Mautlana, Mohado Community Radio Station; Mr G Kganyago, SACP; Mr J Chiloane, COSATU Northern Province; Mr M G Holford, Democratic Party: Member of Provincial Legislature, Northern Province; Mr M Pataki, SACC: northern Province; Mr E Maphalala, Northern Province Legislature; Ms S Jane, Northern Province Legislature; Ms B Shingwenyane, NEHAWU; Mr W Manthata, Dentron TLC; Mr D Mashudu, SABC; Mr M Mogodi, ANC; Mr P Komane, ANC; Mr A Maila, ANC

Presentations were made as follows:

(1) Professor M Nkondo, Vice Chancellor and Dean of Science and Technology: University of Venda
Professor Nkondo stated that the university was in broad agreement with the White Paper and that they also supported of the submission made by the Centre For Development and Enterprise (CDE) on the White Paper.

In the era of globalisation, it is good that the White Paper provides an opportunity of movement especially for highly skilled people.

The movement of highly skilled people is very prevalent especially in Africa. They only slightly disagree with Centre for Development and Enterprise on this issue and is of the opinion that South Africa should not indiscriminately open the door for highly skilled people.

Support the idea of an Immigration Service as proposed in the White Paper.

Support the scrapping of counter productive administrative procedures as set out in the White Paper.

The policy as set out in the White Paper is also in broad agreement with the White Paper on Higher Education. Certain areas of the White Paper does however contradict the White Paper on Higher Education especially regarding human resource policy.

The White Paper does however not fully appreciate the exodus of skills from South Africa and this problem is extremely big.

The White Paper does not properly appreciate the impact that HIV and AIDS will have on the human resources of South Africa.

Some restrictions imposed on foreign students may be discriminatory.

The White Paper promote the impact of economic growth and unfortunately the White Paper make no mention of the role of higher education in the development of human resources.

The University of Venda is restricted by some aspects of the White Paper. The current policy is discriminatory in the sense that it is impossible for the University to keep its foreign scholars for long periods of time. Scholars are given only 12 month permits that are renewable annually.

The University of Venda has shifted their curriculum in order to be more scientific. The curriculum is oriented towards agriculture, sciences, mining, mining-engineering and tourism etc.

The homeland education did not produce many highly skilled people and the few that there were have preferred to move away due to lucrative job offers and other reasons. The result is that the university has to attract skills from other countries. 51% of the Board of the Senate of the University of Venda is foreigners, mostly from Africa.
Recommend: if a university can prove that it could not find a suitably qualified person in South Africa, it should be allowed to appoint a person from another country.

The policy of permanent residence must be much more relaxed.

Higher education is crucial for Gear.

The more advantaged universities still boycott black universities.

To develop human resources, Gear and the economy the way should be opened for universities to recruit top scholars from other countries.

(2) Professor P Omara-Ojungu, Dean of Environmental Sciences and Professor of Geography: University of Venda
Concerned on a daily basis about being able to retain staff.

A Malawian that the university intended to appoint in the Environmental Assessment Unit waited nine months for his permits and eventually took another job.

The issue of delays in the issuing of permit and the high cost of work permits must be addressed.

At the moment it costs R1500 for a yearly renewable work permit, and additional costs have to be paid depending on the number of children one has. Work permits are granted on a yearly basis even if people get 3 to 5 years work contracts. Even the children’s study permits must be renewed annually. Children are also charged foreign student fees at universities.

Foreigners are also not allowed to take certain courses at universities e.g. medicine.

In America if you have permanent residence, then your children pay normal fees at universities.

In certain other countries, if you work there, you are almost treated as a citizen and only foreign students whose parents do not reside in that country pay higher fees.

Foreigners in South Africa are very frustrated.

(3) Professor M Nkondo, Vice Chancellor and Dean of Science and Technology: University of Venda
At advantaged universities some foreigners are appointed permanently.

Immigration staff have too much discretion to apply.

Immigration staff say that they can only grant permanent residence once a person is permanently employed but the policy also says that a person can only be permanently employed once the person has permanent residency.

The challenge of the African Renaissance is to mobilize and network all resources in Africa for the betterment of life for all in Africa.

The work of universities can not be done if they have to put up with delays in the issuing and high fees of permits

Work and study permits should be granted for the duration of the stay of the person and not just for a twelve month period.

Some Home Affairs offices should be opened to specialize in universities and other higher education institutions.

The current problems experienced are mostly not due to the policy framework but due to the implementation thereof.

(4) Professor A Musyoki, Faculty of Geography: University of Venda
Every year must re-apply for permits.

Permanent residency gives a degree of permanency especially regarding timeframes involved in research commitment.

Some areas of research takes years and a foreign academic needs to have the assurance of some permanency before being able to undertake and commit to research.
There are still many restrictions imposed by the White Paper and it needs to be refined a little more especially regarding foreigner policy in South Africa.

(5) Mr P Mutandanyi, Lothava Legal Advise Office
Lothava NGO advises on human rights issues and also deal with immigration issues. Lothava welcomes the community based approach to immigration as proposed in the White Paper and appreciates community involvement in immigration issues.

(6) Mr G Kganyago, SACP: Northern Province
Broadly in support of the White Paper.

Perception of most is that illegals are black.

Europeans are not often reported to be illegal.

Those who will enjoy the benefits of migration are mainly the skilled and the rich and it will not benefit the poor.

The use of the word "aliens" in the White Paper is very negative and reinforces certain existing stereotypes.

"Aliens" should be referred to as foreign nationals.

The administrative bodies to deal with immigration issues should be streamlined.

There is much corruption regarding passport scams etc.

The shift of emphasis to community control as proposed in the White Paper is welcome as a concept, but it should be qualified. A lot of training and capacitating would be needed for this approach to work.

The concept of community control generally concerns blacks and it will be difficult to identify white illegal foreigners as whites are not as social as blacks.

Can use the pigmentation and other physical attributes of a person to find out where he or she comes from but such application must be restricted.

Legislations should prevent the trade in people of which the recent British experience is a harsh example. The administration competency should remain with the proper bodies and the community should just be the eyes and ears of those bodies.

Border control remains import and needs to be enhanced.

Cross border traders do not take South African’s jobs as they do the jobs that South Africans do not want to do.

There is a need to investigate those who sell illegal and sub-standard goods.

(7) Mr J Chiloane, COSATU: North-West
Employers prefer migrants as they work for lower wages.

The white police take no action as they are sympathetic to the farmers.

In some cases migrants are assaulted and murdered as they can not go to the police for protection as they are in the country illegally.

Labour law should be equally applied to South Africans and foreigners.

Cosatu will support the White Paper proposals if communities receive training.

5. Mpumalanga, Nelspruit: Thursday 3 August 2000

The following persons were in attendance:
Ms A Mnisi, Deputy Mayor; T E Monareng, Home Affairs; P C Badenhorst, Home Affairs; Mr J Schreibr, Home Affairs; C Steinmann, Home Affairs; Mr P Matshiane, Mdutjana TLC; Mr D Mathebula, Top Star Taxi Association; P Nkosi, Top Star Taxi Association; S A Mthetwa, Top Star Taxi Association; R M Karasevich, Mpumalanga Provincial Legislature; M J Maseko, Immigrants Control Board; Mr S Ndaba; Mr M Nkosi, Driefontein Taxi Association; Mr M Mabasa, Driefontein Taxi Association; M A P Madonsela, Driefontein Taxi Association; S M Mtsweni, Mdutjana TLC; M S Huba, Badplaas TLC, F D Nkosi, Elukwathini TLC; F R Ndlovu, Badplaas TLC; G S Siwela, PAC Mpumalanga; T W Ngoma, Home Affairs; J MASEKO, Home Affairs; A Mofokeng; P B Sibanyoni, Home Affairs; C Tomlinson, Business; S Dlamini, Social Services; M Manzini, Social Services; R J van Wyk, Home Affairs; M du Messir, Home Affairs; H Nelson, Home Affairs; A H B Bothma, Home Affairs; H J Le Roux, Home Affairs; N N Mvubelo, Mayoress: Ogies TLC; G Van Rensburg; C J Du Preez, SAPS: Border Police; P Mlangeni, Granskop TLC; G Mtombela; E P Nkosi, Bladplaas TLC; S Radebe, Elukwatini TLC; M Chembeni, Komatipoort TLC; K Mzizi, Federation of Economic Entrepreneurs; C A Smit, Wakkerstroon TLC; F B Louw, Wakkerstroon TLC; S Sifunda, PAC; E Mahlangu, Immigration Selection Board; A Wright, Wits Refugee Research Programme; J P Uthuli; J Mbongane, International Relations; A Malefo, Mdutjana TLC; G Mthimunye, Mdutjana TLC; R S S Zitha, Home Affairs; N R Mahlakoane, SANDF

Presentations were made as follows:

(1) Mr C Tomlinson, Organised Business: Mpumalanga
The more jobs that are created the more people flock to the area and the White Paper does not indicate how this problem should be addressed.

The White Paper states that illegals should be employed, but big business and some farmers are the biggest culprits.

Mpumalanga at the receiving end of illegals – big problem.

(2) Mr G S Siwela, PAC: Mpumalanga
Some form of affirmative action should be introduced in immigration.

(3) Mr J Mbungane
Understand the Immigration Service and how it will function but are concerned about budgetary problems as the civil service is already bloated.

(4) Ms M Chembeni, Komatipoort TLC
Appreciate the shift to communities as proposed in the White Paper.

Influx of illegal should be minimised and therefore need an immediate facility for municipality to facilitate cross-border trade.

We can go to Maamba without documents but TRADERS FROM Maamba have difficulties to come to South Africa without documents.

Want the free flow of people within 60 kilometre radius and in urgent need of an arrangement to get free flow across borders.

Intend to create economic opportunities across borders in order to limit push and pull factors of immigration.

The White Paper (p 35 paragraph 14.3) is discriminatory as the poor can not give financial proof in order to get a relative to come and visit.

(5) Mr J VILAKAZI, Commissioner: Public Service Commission
Speaks as one from the area.

Saw in the past how whites from other countries were advantaged.

Regarding the White Paper shift of emphasis to a community based approach, can not say either or, need border control and community involvement.

Need to build capacity in communities.

A law that will transfer enforcement to communities without education will increase xenophobia.

Farmers employ Mozambicans at lower rates and exploit them.

The farming community must be accountable.

Should welcome economic development in SADC and continent.

Need initiative that is governed by a legislative framework.

Need interdepartmental co-operation that will recognise interdependence of SADC countries.

(6) Mr. P. Matshiane, Mdutjana TLC
Illegals kill our people.

The IS must be implemented at local level and will provide employment opportunity for people.

Communities should be educated in looking for illegals and what immigrants papers and documents should look like.

Should not abolish the existing Immigration Review Board and should rather review the functions thereof.

(7) Ms. D. Phiri, Traditional Healers Organization
Some people, especially the elderly from Swaziland, have two passports (one for Swaziland and one for SA) and come to SA to collect pensions and then return to Swaziland. The IS should also monitor such people.

(8) Mr. R Zita, Acting Regional Director: Home Affairs
The Swaziland border came to be after people were already settled in the area and the border has now divided the people. Many of those who now fall on Swazi side of the border, had SA identity document, and also recently changed their identity documents to the new ones. That is why they can now claim SA pensions.

These communities are now divided by the border and you find a situation where the community on the SA side of the border pay allegiance to a chief who resides on the Swazi side of the border.

The situation along the Mozambican and Swazi borders are difficult as Home Affairs officials are stationed only at border posts and not along the fences.

Even the issue of late registration of births leaves the door open for abuse.

(9) Captain N. Mahlakoane, Military Intelligence: SANDF
Communities were divided when the Mozambican fence was shifted. People from the Mozambican side of the fence will approach a Chief on the SA side and he will agree to give them settlement.

Many Swazi children cross the border daily to come to school in SA and the Swazi fence is not even electrified.

Mbuzini area is a problem area. In that area the Chief is on the SA side of the fence but many of his subjects live on the Swazi side of the fence.

The Mozambican border has shifted and this creates problems for communities.

(10) Mr. J Schreiber, Home Affairs Officer in charge at a border Post.
Must enforce departmental policy and can not use discretion when to enforce and when not to.

Personally wonder if SA is really ready for free movement across borders.

9000 Mozambicans are deported per month.

The WP does not address the problem of people who come and take work from SA residents.

The WP should look at means of putting intergovernmental structures in place.

Most illegals enter SA through fences. 300 to 400 school children cross the border daily to get education in SA. At Mbuzini there was even a taxi rank to transport these children to school.

Clothes are also brought in and sold in SA.

The visa and permit function should remain with the department and should not become a function of local governments.

6. KwaZulu-Natal, Durban: Friday, 4 August 2000
The following persons were in attendance:
Dr. R. Kishun, Director: International Office, University of Natal; Mr. J. Khoza, COSATU: KwaZulu-Natal; Ms. L. More, Regional Educator: Mr. S. Magurdie, Durban Refugee Forum; Advocate F. S. Lockhat, Immigration Consultant: Lockhat & Associates; Mr. P. Ndlovu, Administration Officer: Home Affairs; Mr. C. Seretse, National Consortium on Refugee Affairs (NCRA); Ms. L. Jacobs, NCRA and Durban Refugee Forum; Ms. G. Kunene, IFP; Mrs. S. I. Khuzwayo: IFP

Presentations were made as follows:

(1) Dr. R. Kishun, Director: International Office, University
Of Natal
Per annum there are 15 000 to 20 000 foreign students from more than 70 countries that study at South African universities and technikons.

Such international interaction should be encouraged. Foreign students are desirable as they provide a good source of income for tertiary institutions and they also provide South African students with the opportunity to interact with people from abroad.

In 1997 Australia made 9 billion dollars from foreign students. It is estimated that in 1998 South Africa made R200 million from the parents of foreign students who came to visit. This situation contributes to job creation.

Strongly propose a separate section to the White Paper that will exclusively deal with tertiary institutions and how the flow of foreign students and academics will be regulated.

Short term students should get multiple entry visas. A three year permit should also be granted to students as opposed to the current one year permit.

In many instances South African universities lack skills, and need the services of foreign academics for short periods of time (up to three months). Such academics also need multiple entry visas, but current policy states that a person can not work when granted with a short term visiting permit.

South African higher education institutions need to appoint foreign academics in many research areas as the necessary skills are lacking in South Africa. The problem is that it takes very long for the needed permits to be granted.

The academic sector in South Africa strongly rejects the White Paper proposal to shift to community participation in immigration control. This will advocate xenophobia. Universities do have registration mechanisms in place to see if you are South African or foreigner. When an illegal foreigner is encountered the university can not run to the Immigration Service as this can become a very dangerous practice.

The whole issue of HIV and AIDS should also be taken into account in dealing with a new migration policy.

(2) Mr J Khoza, Cosatu: Kwazulu-Natal
All workers, including foreigner, enjoy similar rights according to the law.

Migration policy must be cautious of a drop in labour standards.

The Immigration Services and the Department of Labour should ensure that migrants are on the same level as South Africans.

Cosatu is not against seasonal workers.

There is a high employment rate of illegals in Kwazulu-Natal, especially in the sugar plantations. Such illegals are also exploited by employers as some are not given wages but work only for food. Many illegals are also employed in the security industry.

The White Paper favours only skilled foreign workers. The capacity and resources to implement the White Paper proposals is questionable.

Government should investigate the many illegal goods that cross the country’s borders.

Immigrants should be treated with respect and Cosatu is against the exploitation of immigrants. The presence of illegal foreigners should not be a door-way for a South African farmers to break the law.

(3) Mr S Magurdie, Durban Refugee Forum
Fundamentally opposed to the White Paper that communities should help to trace illegal immigrants. There is no reason to place such a duty on the public, especially such a legal duty. The White Paper provided a license to xenophobia.

One should however make a distinction between a witch-hunt and a school or a hospital insisting on proper documents before allowing people access to the service being rendered.

Fraudulent marriages are on the increase but the problem is that the relevant Act should be properly administered in dealing with this problem. The departmental officials do not apply the law. Departmental officials are ignorant of the law and the Constitution. Officials must receive training on how to properly administer the law and the Constitution.

(4) Advocate F S Lockhat, Immigration Consultant: Lockhat & Associates
Against the White Paper proposal to shift to community based immigration control. Presently there is a major flaw in immigration policy and a lot of abuse and most immigration officers have no culture of human rights.

The Department of Home Affairs has no respect for judicial decisions and flagrant violations of human rights occur on a regular basis. The department also has too much discretion.

In favour of immigration courts as proposed in the White Paper.

(5) Mr P Ndlovu, Administration Officer: Home Affairs
To deal with immigration issues can be very frustrating.

If an illegal is deported today, he or she will return tomorrow.

More control is needed over illegal immigrants.

When people are deported they should not be dropped at the borders.

Fraudulent marriages are widely used by foreigners to get residence and a mechanism to regulate such marriages in needed.

(6) Mrs J N Vilakazi, IFP: Select Committee on Social Service
The proposed shift in the White Paper to a community based approach to immigration control will create a flood of corruption. A proper mechanism must be in place to stop illegal immigrant at South African borders.

7. Free State, Bloemfontein: Monday, 7 August 2000
The following persons were in attendance:
Ms S Mamashio, Free State Legislature; Ms L Ntsoele, Free State Legislature; Ms T van der Berg, NCOP Liaison Officer: Free State; Mr K Smit, NNP; Mr N Venter, International Administration Office: University of the Orange Free State (UOFS),International Education Association of South Africa; Dr M Wolvaardt, Director: Office of International Affairs, Technikon of the Orange Free State; Mr S Mashinini, Cosatu: Northern Cape and Free State

Presentations were made as follows:

(1) Mr N Venter, International Administration Office: University of the Orange Free State, International Education Association of South Africa
Higher education should be dealt with under a separate heading in the White Paper.

Academics and students who enter from abroad rarely employ with White Paper proposals. Such visitors can sometimes not be catered for under work or study permits or under normal visas.

Sometimes foreign students need to enroll t more than one campus, but study permits are only valid for one institution. To change institution the foreign student has to go back to his/her country of origin. A further problem is that students receive study permits in their country of origin and when they arrive in South Africa, it is very difficult for them to correct the permit if it does not comply with all legislative prescriptions.

SADC students have limited funds, but foreign students are not allowed to work, they may not even do waiting like their South African counterparts. This should be addressed. In America foreign students are allowed to work a limited number of hours per week. Such an arrangement should seriously be considered in South Africa especially for SADC students who have limited funds.

The University Of Free State has545 foreign students.

The situation is also complicated for students who want to come to South Africa for less than three months. The departments of Home Affairs, Education, Labour, Foreign Affairs and Finance need to communicate and work together.

Foreign Affairs will issue a study permit to a student from Lesotho but when the student arrives here there might be problems with his/her medical insurance and how much is needed.

The SADC protocol was signed by the Department of Education. Home Affairs and Foreign Affairs should take note of this and many problems will be solved.

Do not object to assisting the Immigration Service but this will be very difficult in practice.

(2) Mr S Mashinini, Cosatu: Northern cape and Free State
Much confusion exists around the White Paper process and after the public hearings the White Paper should be adjusted where necessary.

The development of a non-racial immigration policy is very important and should be guided by a set of principles, as follows:

(a) Governments of Southern African states must agree to enforce labour standards that do not hinder the interest of workers. Migrant workers should have a right to join trade unions; be allowed to transfer their wages to their home countries; be guaranteed insurance, provident and pension payments even after the worker has returned to its country of origin.

(b) A summit of Southern African governments and trade unions should be held in order to develop a migration policy as part of a broader regional economic development strategy.

(c) Through effective legal guarantees of equal wages and working conditions for South African migrant labour. Migrant policy must avoid a situation where employment of foreign workers leads to the erosion of labour standards and a deterioration of the conditions of all workers in South Africa.

(d) There should be a fair and proper control of entry of migrant workers into South Africa and clear distinctions made between traders, migrant workers, tourists, students, etc. Migrant policy should ensure humane treatment and promote the formalisation of workers coming to South Africa.

(e) An agreed number of migrants from neighbouring SADC countries should be allowed access to the South African labour market and heavy penalties should be imposed on employers who employ illegal workers. In the long term, freedom of movement, residence and employment can be achieved in South Africa.

(f) Immigration policies aimed at attracting skilled workers must not jeopardise the priority of developing skills in the South African workforce and the Department of Labour’s programme for improved skills training should not be compromised on the basis that attempts are being made to attract skilled labour from foreign countries.

The White Paper have a section on general principles which could serve as a yardstick to measure its policy recommendations

(i) Philosophical Orientation of the White Paper
The White Paper does not provide a coherent immigration policy. For example, it does not clearly indicate how it advances the RDP or growth and development. The White Paper also assumes that where the State lacks the capacity, it can be readily solicited from the private sector, without first ascertaining whether the capacity exists in the private sector, without first ascertaining whether the capacity exists in the private sector.

The White Paper should be re-organised and more structured and should include a discussion on gender and migration issues.

(ii) Policy and Legislative Context
The White Paper should address the vision outlined in the RDP and must take into account sectoral policies and their interaction with immigration/migration issues. In addition, the section on Constitutional review must be
Revisited to address the gaps in the White Paper, especially the issue of second socio-economic rights in relation to the Promotion of Equality Act. The White Paper must also look at international and regional treaties and the obligations imposed on South Africa, in order to give direction on issues such as labour migration.

(iii) Migration and the Labour Market
Paragraph 4.4.5 should be deleted from the White Paper as it creates confusion as to whether immigration policy would reinforce labour standards or attempt to satisfy the demands of market. In addition, all formulations suggesting the waiving of minimum labour standards for migrant workers must be deleted.

The issuing of visa and permits should be retained by the Immigration Service and not be delegated to business as suggest in the White Paper The White Paper also outlines that in order to obtain a corporate work permit, an employer has to apply to the Department of Labour for a certificate ensuring that the employer will comply with labour legislation. This should be reassessed as it creates unnecessary red tape.

The White Paper laments the continuous brain drain of skilled workers from South Africa, but does not suggest a framework to address the Problem. Th Cabinet Human Resource development cluster should be tasked with drawing up a comprehensive and integrated human resource development strategy in order to develop strategies to retain and develop skills in areas of shortage. Co-ordination between the Immigration Review Board, the Department of Labour and the National Skills Authority is imperative as they are tasked with skills priorities for South Africa.

As opposed to paragraph 8.6.2 of the White Paper, all employers must pay the Skills Development Levy, as in line with the Skills Development Act. The National Skills Fund is entitled to 20% of the levy, which in turn is aimed at funding nationally determined priorities. The issue of payment to the National Skills Fund to ensure that employment of foreigners is marginally expensive and contribute towards skills development, should be placed before the National Skills Authority for discussion.

The system of compulsory deferred pay must be ended.

The White Paper must clarify temporary status of foreign workers and how the system will operate. While the White Paper does not address the issue, Cosatu strongly feels that foreign workers should not be required to periodically renew permits as this would be a disincentive to invest in South Africa.

(iv) Regional Development
The White Paper should set out a framework that will guide South Africa’s contribution on the evolving SADC migration protocol. The protocol as well as issues of quotas should be tabled at Nedlac for discussion.

Departments such as Home Affairs should contribute to the SADC development strategy by setting out a clear regional migration strategy.

(v) Enforcement
The Immigration Service should act as co-ordinator in pulling together the various government departments that are dealing with migration issue. A Charter of Right should be drawn up to highlight the rights of immigrations and also reconcile the difference in orientation between the Departments of Labour and Home Affairs. Rather than advocate for privatisation, the White Paper should focus on mechanisms to build the capacity of the Immigration Service. In addition, representatives on the Immigration Review Board should be appointed on the basis of their expertise rather than the constituency they belong to.

Apartheid terminology, such as "aliens" should be removed from the White Paper. Well-trained officials of the Immigration Service should be made responsible for the enforcement of immigration policy and legislation.

(3) Dr M Wolvaardt, Director: Office of International Affairs of the Orange Free State
Some exchange students come to South Africa for less than three months and their fees are paid at their home institution. Part of the curriculum is to get practical experience for about six weeks. A bulk of their time as a student is spent at the work site of the employer where do practical work. The student is evaluated by the employer and these marks are used by the home institution. The student does not work for a salary but receives a nominal fee to cover his/her accommodation. The question is whether that student should have a permit, study permit or work permit. The White Paper in unclear about the sort of permit such a person would require.

8. Conference titled – Migration Control in the 21^st Century: the "South African perspective, held by the Ministry on 6 and 7 July 2000"
As far as the conference is concerned, the Committee would like to mention that:-

(1) the conference was hosted by the Ministry;

(2) the Committee resolved to participate in the conference in the capacity as observers as we were in the middle of Public Hearings on the White Paper; and

(3) during the deliberations it was mentioned that a draft Immigration Bill was already formulated. Some speakers stated that confusion arose, as the committee was dealing with the White Paper but the Department was simultaneously dealing with the draft Bill on Immigration. It was thus suggested that to clear the confusion that was created by the parallel process, a new White Paper should be drafted.

Report of the Portfolio Committee on Home Affairs, dated 27 September
2000:

The Portfolio Committee on Home Affairs, having undertaken a study tour on Lindela Repatriation Centre and Lebombo border post, reports as follows:

A. Introduction
As the Committee is in the process of finalising its report on the White Paper on International Migration, the Committee deemed it prudent to visit Lindela holding facility in Krugersdorp, on Monday 18 September 2000. The main purpose of this visit was to get first hand knowledge of the problems, work conditions, living conditions etc at Lindela. Lindela is the facility being used to house illegal immigrants before they are repatriated to their various countries of origin. Lindela is managed by a Dyambu (a private company).

On Tuesday, 19 September 2000, the delegations visited Lebombo border port and Mbuzini tunnel. The purpose was to get first hand knowledge of the problems experienced by Home Affairs officials at the border post and also by surrounding communities.

The delegation under the leadership of Mr A.D. Mokoena (ANC) included Mr M M Chikane (ANC), Ms M Maunye (ANC), Mr R Sikakane (ANC), Prince N E Zulu (IFP) B Gxowa (ANC) and M Waters (DP)

B. Lindela Repatriation Centre, Krugersdorp: Monday, 18 September 2000
Lindela was set up in 1996 and accommodates illegal immigrants after they have been arrested by the SAPS until they are repatriated by the Department of Home Affairs. The Centre is made up of two separate and independent sections – one is occupied by Home Affairs staff and the other by Lindela staff members. Both have their own full-time staff members and officials who in turn are responsible for totally different functions. Approximately 90% of all the residents at Lindela are brought there by SAPS. Most residents are brought from Gauteng police stations. SAPS officers hand residents over to Home Affairs, accompanied by the necessary body receipts and other documentation where required. The further 10% are brought by Home Affairs from all over South Africa.

The accommodation section at Lindela is managed by a private company which was adjudicated on open tender by the State Tender Board to provide accommodation, facilities and the maintenance thereof, cleaning services, security, food, health care, etc to persons detained at the centre.

The Lindela management has no authority over the arrest, detention, repatriation or release of any person at Lindela. Lindela Management also assists in the capturing of data and issuing of an identification card to persons in detention.

1. Home Affairs (difference between Home Affairs and Lindela)
The Home Affairs section of Lindela is staffed with full time personnel and officials from the Department. Home Affairs is legally and administratively responsible for all mater pertaining to the detention, repatriation or release of persons accommodated at Lindela.

Residents are repatriated by Home Affairs, to the border posts, Johannesburg Airport and Lanseria Airport. On a weekly basis a train departs to Mozambique from the railway station next to Lindela.

2. Statistics
Since the establishment of Lindela in August 1996 a total of 230 000 undocumented migrants have been repatriated from Lindela. On the average, residents stay less than seven days before being repatriated. The average admittance at Lindela for the past 12 months is 5 792 persons per month. Persons detained are mostly male. The average number of women detained is 257 per month plus an average of 15 children with their mothers.

The number of persons detained at Lindela at any given time varies from 300 to 1 500 depending on the rate of admissions and the speed of which persons are repatriated. Lindela have the capacity to accommodated as many as 3 500 person at a time. The average daily occupation for the past 12 months was 1 079 persons.

The countries of origin of persons detained since August 1996, according to information gathered from residents on admittance as are follows: