SA immigration changes claim first victim

IMMIGRATION practitioners have warned foreigners working and living in South Africa not to leave the country unless their documentation is fully up to date.

This follows the blacklisting of a British woman on her way out of the country on Wednesday night. The woman, Olivia Lock, is married to a South African citizen with whom she has a 14-month-old baby and has been living in the country for the past five years.

She may not apply for a visa to re-enter South Africa for another 12 months. The move follows the promulgation of strict new regulations under the Immigration Act, which came into force on Monday.

According to the regulations, anyone who overstays during their visits to South Africa and leaves after their visa has expired will be declared an undesirable person for a period of between one and five years.

In the past, under the old Immigration Act, foreigners who could prove that they had re-applied for a permit with the Department of Home Affairs by presenting a receipt were not regarded as overstayers.

Ms Lock, whose work permit expired in the middle of last month, had applied for a spousal permit about two months ago, but the Department of Home Affairs had not yet processed the application. She presented a receipt but was told it could no longer be used.

"I was told that I am black-listed and will be unable to return," Ms Lock said in an interview on Thursday.

The Forum of Immigration Practitioners of SA (Fipsa) and the Law Society of the Northern Provinces both warned yesterday that the new immigration regulations were "incomplete". As a result, they were likely to cause unnecessary hardship for foreigners in South Africa on work visas and other types of visas and their spouses.

Fipsa has said it intends to litigate against some aspects of the regulations. On the other hand, the Law Society of the Northern Provinces has called for a phase-in period for the regulations, failing which people should be treated with leniency in the initial phases of implementation. Further, Fipsa and the Law Society have raised questions about the constitutionality of the regulations.

Home Affairs Minister Malusi Gigaba said on Thursday that the concerns that immigration practitioners and attorneys had raised were unfounded. The department had consulted senior counsel and was confident the regulations were in line with the constitution.

"If anybody feels that they must challenge the constitutionality of these regulations, they are most welcome to approach the Constitutional Court," Mr Gigaba said.