Daily Maverick
Dailymaverick logo

Opinionistas

This is an opinion piece. The views expressed are not that of Daily Maverick.....

Can a new immigration board end SA’s legacy of xenophobia?

Mike Ndlovu
By Mike Ndlovu
9 Apr 2025
Facebook
0
Kopanang Africa Against Xenophobia calls upon the members of the committee to ensure that the practice of application of law and the policy is informed by core constitutional obligations of respect for human dignity and respect for basic human rights - as afforded to all who live in this country. 

The appointment of the Immigration Advisory Board (IAB) is a requirement of the Immigration Act 13 of 2002. In doing so, Minister of Home Affairs Dr Leon Schreiber has merely acted in accordance with what policy dictates. Kopanang Africa Against Xenophobia (Kaax) and all who struggle for social justice in this country and globally hope that this will make a contribution to ensuring that the Department of Home Affairs acts within the ambit of the law - first and foremost the Constitution and all relevant policies that inform how South Africa manages the movement of people. 

In this regard, the first task of this committee should be to recall the White Paper on Citizenship, Immigration and Refugee Protection. The department has ignored the call by many individuals and organisations to withdraw this White Paper. Kaax wrote an open letter to the department calling for the withdrawal of this White Paper. One of the reasons presented was that the White Paper in its entirety fails to meet the threshold for a participatory reasonable process. 

As Kaax, we call upon the members of the committee to ensure that the practice of application of law and the policy is informed by core constitutional obligations of respect for human dignity and respect for basic human rights - as afforded to all who live in this country. 

Whether this turn will be towards justice or further exclusion remains to be seen. After a decade without this legally mandated advisory body, its establishment comes at a critical moment when xenophobic sentiment continues to be weaponised politically, and migrants face increasing hostility from the mainstream media and politicians. 

An unbalanced representation


The IAB consists of 13 members, including five independent experts in immigration law and enforcement, two representatives from organised business and labour, and six government officials. While these individuals undoubtedly bring expertise to the table, the composition is skewed towards economic migration and regulatory enforcement, with little to no representation from civil society organisations. This raises concerns about whether the IAB’s recommendations will prioritise business interests over human rights.

Kaax recognises, however, that Mavuso Msimang, who is chairperson of the board, is on record as denouncing xenophobia in South Africa.

As activists campaigning for human dignity, we view this development with cautious optimism as well as deep concern. True “whole-of-society” approaches must include the voices of those most affected by these policies.

One of the failings of the Department of Home Affairs, as called out in the recent judgment handed down by the Constitutional Court, confirmed that Zimbabwean Exemption Permit (ZEP) holders have a right to fair administrative action.

One of the board’s first major tasks will be advising on the future of exemption permits, including the ZEP. This follows a high court ruling that found that the government’s previous attempt to terminate the ZEP was unlawful and unconstitutional. The Constitutional Court upheld this ruling, making it clear that immigration policies must adhere to legal and human rights principles.

We are particularly attentive to this mandate. The Constitutional Court’s ruling was a victory for human rights and due process. Now, this board must ensure that any future decisions regarding the ZEP and similar exemptions are not only legally sound but morally just, recognising that behind every permit number is a human being who has built a life in South Africa, contributing to our economy and social fabric.

Minister Schreiber speaks of “evidence-based policy” and “upholding the rule of law”. Evidence overwhelmingly shows that migrants contribute positively to host economies. A 2019 study by the Human Sciences Research Council (HSRC) found that migrants are net economic contributors, particularly in small business creation. Furthermore, a World Bank study on South Africa’s informal sector found that restricting migration harms economic growth, as foreign nationals play a key role in local economies by filling labour gaps and driving market competition. 

A troubling context


The IAB’s revival occurs against a troubling backdrop where political figures continue to scapegoat non-nationals for governance failures, where Operation Dudula and similar movements threaten and intimidate foreign nationals, and where institutional xenophobia manifests in service denial at hospitals, schools and government offices. Will this board have the courage to counter these dangerous narratives with facts and humanity? Will this Board ensure transparency and accountability? 

Also notable is the emphasis on immigration as a tool for “economic growth and job creation”. Reducing human migration to purely economic terms dehumanises those seeking safety, community and dignity in South Africa. Our immigration system must recognise both our economic needs and our moral obligations as a nation born from the solidarity of other African countries during our struggle against apartheid.

Kaax works towards mobilising communities in addressing systemic corruption that informs the practice of immigration officers and the SA Police Service. It is corruption and routine extortion of money from vulnerable people - what is experienced as racial profiling - that is the rot that must be addressed as a priority. This is one of the major factors that inform the crisis of the backlog. Issues of resources, staff capacity and corruption continue to affect the asylum system negatively. 

Lessons from our Palestine solidarity: consistency in principle


South Africa’s support for the Palestine genocide case against Israel at the International Court of Justice demonstrates our deep commitment to human rights, justice and solidarity with oppressed people. However, we cannot advocate justice abroad while neglecting it at home. The displacement and struggles faced by Palestinians reflect the hardships endured by many migrants and refugees across our continent. If South Africa truly upholds the principle of justice without borders, we must extend the same commitment to dignity and rights for African migrants and asylum seekers seeking refuge within our own borders. And this is what civil society expects of this committee and will form the substance of what we will hold them to account for. 

As civil society, we will engage constructively where possible, but we will also hold this board accountable to constitutional values and human rights principles. We call on Minister Schreiber and the IAB members to meet with migration advocacy organisations, refugee-led associations and affected communities before making recommendations that will impact millions of lives.

The true test of this board will not be its procedural efficiency or economic analysis, but whether it helps build a South Africa where no person is illegal, where African unity is more than a slogan and where our shared humanity transcends the whole African continent.

Minister Schreiber and the IAB have an opportunity to shape a fairer, more humane immigration system. The question is: Will they take it? DM

Categories:

Tags: