A key provision in the current Immigration Act, which has led to much confusion over the recording of travel by South African citizens abroad, is to be dumped.
Prior to the coming into force of the Act — which was passed by Parliament in 2002 — the movement control system recorded the entry and exit of everyone who left or entered the country, said Director General of Home Affairs Barry Gilder.
“The current Act prohibits the such recording for [South African] citizens,” Gilder said.
The offending provision has caused confusion for the South African Reserve Bank, Statistics South Africa, the security industry and the tourism sector, Gilder told MPs on Monday.
Gilder said the Immigration Amendment Bill — tabled in Parliament recently but which was put to the National Assembly home affairs portfolio committee on Monday — will remove a section in the offending provision in the Act.
In terms of the Immigration Act of 2002 the recording of the movements of entry or departure of South African citizens is prohibited, Gilder said. The Act was passed during the tenure of Inkatha Freedom Party leader Mangosuthu Buthelezi — who was axed from the Cabinet by President Thabo Mbeki — in April, not long after a court battle ensued between them over immigration regulations.
Referring to the current Act, Gilder said the movement control system provision “has caused a lot of consternation for the security community who used this information in criminal investigations”.
Confusion had also been created for the tourism industry and for Statistics South Africa “who used information to prepare statistical data for the South Africa Reserve Bank who [in turn] use this information to calculate the balance of payments”, said Gilder.
The Bill aims to revert to the position that existed before the 2002 Act, “where we record the entry and exit of all persons who depart of enter the republic”, he said.
The Bill is expected to be passed during the current session of Parliament, which kicks off with the first plenary on August 17.
Gilder said the Bill also deletes references to a work-permit holder’s fund — a training levy — which was to be paid by certain categories of foreigners living in South Africa for training of South African nationals as a condition of their entry.
“The reality is that the legal mandate to levy such fees falls under the Department of Labour and the Skills Development Act. In effect this fee was not applied since the Act was implemented … it caused a lot of consternation and we have in fact waived it.”
The Bill also does away with immigration courts as it is believed that magistrates’ courts are adequate in dealing with immigration matters. — I-Net Bridge
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