Ntshavheni: no economic refugee exists in South African law
The Minister in the Presidency restated government's opposition to illegal immigration at a Pretoria briefing, while the migration committee conceded it was not consulted before Home Affairs issued directives after a Constitutional Court ruling.
Government is opposed to illegal immigration and wants people to enter and remain in South Africa lawfully, with genuine asylum seekers routed through the established refugee determination process, Minister in the Presidency Khumbudzo Ntshavheni said at a media briefing in Pretoria on Thursday.
“As government, we are anti-illegal immigration. Let’s be very clear. We want people to come into the country legally. For those who come in irregularly because they want to seek refuge in South Africa … there is a process to facilitate that. We are not, as government, in a different position,” Ntshavheni said.
She said government wants to prevent illegal immigration and is rebuilding systems to improve the management of migration, pointing to the establishment of the Border Management Authority and plans to rebuild and strengthen border infrastructure. Documentation and deportation of people with no lawful basis to remain in the country is continuing.
Asked about the principle that people seeking international protection should generally seek asylum in the first safe country they reach, Ntshavheni said South Africa is surrounded by countries generally considered safe, naming Zimbabwe, Mozambique, Eswatini, Namibia, Lesotho and Botswana. The principle, she said, is relevant to government’s position that the asylum system should protect people who genuinely meet the legal requirements for refugee status rather than becoming a pathway for people who do not qualify for international protection.
She stressed that South Africa does not recognise economic migration as a basis for refugee status. “There is no economic refugee under our Constitution, our laws and under the United Nations conventions. A refugee is somebody who is running away from war and persecution,” she said.
On the directives Home Affairs issued after a Constitutional Court judgment, the chairperson of the Inter-Ministerial Committee on Migration, Justice and Constitutional Development Minister Mmamoloko Kubayi, acknowledged that they had not been shared with the committee before implementation. She said the IMC is a coordinating structure that became involved when matters required cross-government intervention, and that the committee had agreed decisions affecting its work should in future be brought before it so that broader implications can be considered. The issue, she said, also highlighted the need for stronger coordination across government on migration.
Kubayi said the IMC supports a request to extend the Special Investigating Unit’s mandate so its investigations can cover the asylum system and Refugee Reception Offices. Home Affairs Director-General Tommy Makhode said the SIU’s existing proclamation already allows it to investigate maladministration, unlawful conduct and fraud in the department, including matters relating to permits and citizenship. The investigations have since been extended to Refugee Reception Offices, with the SIU examining patterns that can indicate people who did not qualify obtained immigration or refugee-related status.
Makhode said data analysis has identified trends involving people who received permits despite allegedly not qualifying for them, and that Home Affairs has started processes to revoke or withdraw those statuses. The department is required to follow due process by notifying affected individuals and allowing them to make representations. The investigations have also produced referrals to the National Prosecuting Authority and the Directorate for Priority Crime Investigation (Hawks). Kubayi said the SIU’s work has already resulted in cases being investigated, officials being dismissed and some facing criminal proceedings.
The White Paper on Citizenship, Immigration and Refugee Protection, now adopted as government policy, is intended to address gaps and loopholes in the existing legislative framework, Makhode said. Kubayi said the legislative framework is being reviewed following concerns that it is fragmented, with drafting under way to address gaps and inconsistencies between migration-related laws. She said reform is necessary but acknowledged that public participation and the legislative process could take considerable time.
On the Zimbabwe Exemption Permit, Makhode said public consultations on its future have been completed following court directives and government will follow due process before reaching a conclusion. The IMC, he said, is engaging the broader regional dimension of migration, including push and pull factors within the Southern African Development Community. On asylum appeals, he said the existing system allows rejected applicants to pursue appeals through the relevant refugee appeals authorities, supported by the White Paper and subsequent legislative drafting.
Government’s wider migration response, as set out at the briefing, includes strengthening border management, tackling human smuggling and trafficking, addressing document fraud, improving migration and asylum systems, and removing people who have exhausted legal remedies and have no lawful basis to remain in the country.
This report is drawn from the SAnews (South African Government News Agency) account of the briefing, which is a summary of what was said rather than a full transcript or the underlying record.
Source: SAnews (South African Government News Agency), Government reiterates position on illegal immigration, https://www.sanews.gov.za/south-africa/government-reiterates-position-illegal-immigration
