President Cyril Ramaphosa has announced that the government will increase penalties, including imprisonment, for employers who violate the Immigration Act by employing undocumented foreign nationals.
Image: Phando Jikelo / RSA Parliament
The government will impose harsher penalties, including jail terms, for employers who hire undocumented migrants, President Cyril Ramaphosa said on Sunday night, as part of a wider strategy to tackle illegal immigration and tighten enforcement across South Africa.
He was addressing the nation amid growing tensions over illegal immigration and calls for undocumented migrants to leave the country.
His address on the government's response to rising tensions comes amid calls for a nationwide shutdown on June 30 and demands that undocumented migrants leave South Africa.
There has been a surge in protests targeting foreign nationals in recent months.
Anti-immigrant tensions have persisted in several parts of the country, including the Western Cape, KwaZulu-Natal and Gauteng.
Some demonstrations have been led by the controversial anti-migrant group March and March, which has called on undocumented migrants to leave South Africa by 30 June, despite government appeals for calm.
The group is calling for stricter visa regulations, a review of asylum policies, action against businesses employing undocumented migrants, accountability for corrupt police officers, and restrictions on public services for undocumented migrants.
Some foreign nationals have already left the country amid growing fears of violence linked to the planned nationwide action at the end of June.
President Cyril Ramaphosa announced a slew of planned amendments to illegal migration and the recent surge in protests against foreign nationals.
Image: Siyabulela Duda/GCIS.
Ramaphosa announced five crackdown measures to address illegal immigration.
He said the Cabinet last week adopted a comprehensive approach for Migration Management, which has been endorsed by the President’s Coordinating Council, which includes premiers and MECs, representatives of local government and representatives of the National House of Traditional and Khoi-San Leaders.
He said the first part of the response is a concerted crackdown on violations of existing immigration, labour and other laws.
“The Department of Home Affairs, Border Management Authority, South African Police Service and other law enforcement agencies have been and will intensify the process of identifying and deporting undocumented foreign nationals residing illegally in South Africa.”
According to him, the Border Management Authority intercepted and prevented more than 450,000 people from entering South Africa illegally over the past year.
“We will set up dedicated courts to deal with immigration to speedily support the deportation of undocumented migrants.
The South African Police Service, Home Affairs and Department of Employment and Labour are increasing inspections targeting companies employing undocumented foreign nationals.
“As part of rebuilding the labour enforcement capacity, the Department of Employment and Labour has launched the phased recruitment of 10,000 inspectors for this financial year.”
Ramaphosa said the government will increase penalties, including imprisonment, for employers who violate the Immigration Act.
“We cannot have a situation where employers who, after being charged and found guilty of violating our laws, merely pay a fine and continue employing undocumented foreign nationals whom they exploit.”
To address violations of immigration and labour laws in the transport sector, he said the government was implementing a plan developed with the logistics and freight industry and labour organisations.
He said the second part of the response was securing South Africa’s borders.
“Every sovereign nation has a responsibility to know who enters its territory, why they are entering and how long they are permitted to stay.
“Secure borders are not a sign of hostility towards other countries. They are a fundamental requirement of a sovereign and well-governed state.”
He said further measures were being implemented to secure the country’s borders.
“We will therefore continue to invest in modern technology, infrastructure and personnel to ensure that our borders are secure while facilitating legitimate trade, travel and economic activity.
“We will undertake a phased relocation of refugee reception centres to border posts, starting with the Tshwane centre this year.
“Many other countries have refugee reception centres close to the place where refugees enter the country seeking asylum or refuge.”
He said the relocation of refugee reception centres closer to border posts was intended to ensure asylum applications were processed more efficiently, securely and fairly.
“This will enable the government to determine protection needs at the point of entry to ensure that those who genuinely require protection receive assistance as quickly as possible.”
He said the third part of the response would focus on strengthening the immigration system by stamping out corruption and deploying advanced technology.
“We are continuing the crackdown on corruption and inefficiencies in the Department of Home Affairs. We must recognise that illegal immigration is often enabled by corruption.
“Officials who sell documents, facilitate unlawful entry or abuse public office for personal gain betray the trust of the South African people. We will pursue these cases relentlessly.
“Those who are responsible are facing dismissal, criminal prosecution and the full consequences of the law.
“We are establishing an Intelligent Population Register that contains biometric data for every person in the country, laying the foundation for a digital ID.
“At the same time, we will progressively discontinue the green ID books, which have enabled identity theft by undocumented immigrants and criminal syndicates.”
He said the Department of Home Affairs would set a date after which green ID books would no longer be recognised.
“We will end the abuse of the Traffic Registration Number, which foreign nationals require to register or buy vehicles, but which is being used as a form of identification.”
He said the Department of Transport would issue new regulations within the next three months to align with the country’s identification laws.
The president said the fourth part of the response was to close gaps in legislation and policy.
“The laws that regulate immigration in South Africa are fragmented and often contradictory. They allow legal loopholes that are exploited by undocumented migrants.
“We are addressing these loopholes.”
“The government has finalised the National Labour Migration Policy, which proposes maximum quotas for the employment of documented foreign nationals and deals with the prosecution of employers hiring undocumented workers.
“The Employment Services Amendment Bill has been approved by Cabinet for introduction to Parliament. This empowers the minister to set quotas in respect of the employment of foreign nationals in any economic sector or occupational category.”
“The Department of Small Business Development, working with the South African Local Government Association, will complete the process of ensuring small and informal businesses are properly registered. It will also provide support for South African informal businesses through the Spaza Shop Fund.”
He said the final part of the response was to work with other countries in the region and across the continent to address broader migration challenges.
“We need to address the factors that drive migration on our continent and elsewhere. South Africa cannot address migration challenges alone.”
The president said it is a continental and global phenomenon.
“South Africa’s future is inseparable from the future of the African continent. Migration pressures cannot be addressed through enforcement measures alone.
“They require peace where there is conflict, economic growth where there is stagnation and opportunity where there is poverty. As South Africa, we will continue working with our sister countries to build an Africa in which people move by choice and not by desperation.”
He said South Africa would work through SADC, the African Union and bilateral relations to find sustainable solutions.
“As part of this effort, I will be sending envoys to a number of sister African countries to outline the measures that we are announcing this evening.
“The Cabinet will remain seized with this matter and will regularly review progress in implementing these measures.”
Ramaphosa said the Inter-Ministerial Committee on Migration would coordinate the government’s response across departments and all spheres of government.
“NATJOINTS and provincial NATJOINTS structures have been directed to strengthen coordination among law enforcement, intelligence and security agencies to ensure effective implementation.
“As we work to tackle the problem of illegal immigration, we are determined that we will not allow anyone to exploit this problem to destabilise our country.”
“Our law enforcement agencies and security services – working with other state entities and key stakeholders – are ready to act to protect public safety, maintain law and order and safeguard critical infrastructure,” he warned.
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