South Africa refused to budge on its new immigration laws

THE South African government on Monday said it would not budge on its new immigration laws but pledged to "deal" with the problems raised in the implementation of those regulations.

The new immigration laws by the neighbouring country have sparked confusion and panic among foreigners, particularly the 250,000 Zimbabweans who acquired permits under the 2010 special dispensation exercise.

According to new immigration regulations introduced in that country on May 26, those affected will have to return home to apply for an extension of their permits, which could also qualify them for permanent residence.

Speaking to journalists during the launch of the Johannesburg's Rivonia Visa Facilitation Centre yesterday, the Minister of Home Affairs Malusi Gigaba reiterated that his department would not change certain points in its new immigration regulations.

"We are willing to engage with anybody who has concerns about the implementation. There are things in the immigration legislation which cannot be up for discussion," he said adding, "I think we need to remember . . . nothing is in the regulations which has not been raised in legislation."

Gigaba said enough time was given to raise concerns about the new regulations before they were passed into law.

The immigration regulations, which came into effect in May, introduce a new visa regime for South Africa, which however does not affect Zimbabwe.

The new regulations outline a clear distinction between short-stay visas and long-stay permanent residence permits.

It also stipulates that visa applications need to be made by applicants in person, and those wanting to change the status of their visa can no longer do so in South Africa but have to do so at missions in their home embassies.

Gigaba said his department was aware of problems such as lack of internet access and people who were not in possession of their original birth certificates.

"We are ready to discuss the implementation and how to deal with the challenges experienced," he said.

He said the tourism department, the immigration officers and immigration practitioners had gone to his department and raised issues.

The new regulations have drawn mixed reactions with tourist business operators arguing their operations could be affected.

Last week the matter spilled into the South African Parliament where Democratic Alliance legislator Masizole Mnqasela advocated extending the permits, saying Zimbabweans had contributed greatly to the development of their host country.

However, Gigaba said the department would not "compromise" on security and international obligations.

In June, he announced that VFS Global, a worldwide outsourcing and technology services specialist for diplomatic missions and governments, had been appointed to receive and manage visa and permit applications in South Africa.

The company is given the mandate to automate the application processes, develop a solution for biometric intake in line with the new immigration regulations, manage a dedicated permitting call centre and deliver outcomes to clients efficiently and timely.

VFS Global has established 11 Visa Facilitation Centres in all nine provinces, with Gauteng and the Western Cape provinces each having two centres in light of their high volume of applications.

Home Affair Minister Cde Kembo Mohadi has affirmed his ministry's commitment to engage its South African counterpart over the issue of permits.

"We have not yet concluded discussing the issue with our South African counterparts, but the discussions are ongoing. We will meet soon; right now I cannot confirm the date because we are still waiting for the South Africans to write to us, which we expect will be very soon," he said.

"There is no reason to panic because everything is under control. This is a very small matter, which is not at all insurmountable. We are confident that after we conclude the discussions and agree on one thing we will all be smiling. We are not even thinking about repatriating anyone at the moment because we have not even got to that part at all."