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Moves to block hiving off of functions
Home Affairs Minister Mangosuthu Buthelezi is unlikely to win cabinet approval for the Immigration Bill after moves within government to draft a new policy that would block the hiving off of core functions such as migration policy.
The bill is expected to be debated at a special workshop that cabinet members will attend next Tuesday in an attempt to narrow their differences on the bill.
The decision to hold the workshop was announced by President Thabo Mbeki in an interview on SABC TV following his recent state-of-the-nation address. There is widespread concern in business circles about the delay in finalising the bill and difficulties in obtaining work permits.
The Inkatha Freedom Party threatened to walk out of the cabinet last month after reports that Mbeki's office planned to wrest control of the process of drafting the bill. The bill was presented to the cabinet last July, after being drafted over five years.
It has had about 83 amendments made to it since July, but it has still not won the approval of the cabinet. Public Service and Administration Minister Geraldine Fraser-Moleketi, Education Minister Kader Asmal and Foreign Minister Nkosazana DlaminiZuma are said to be among the bill's chief critics.
"The entire provision on diplomatic permits was redrafted," one source said.
A major point of dispute is the bill's proposal for an immigration service outside the public service. This aspect is evidently of major concern to FraserMoleketi, who believes responsibility for migration should remain within the department.
Fraser-Moleketi said on Friday that a new policy on outsourcing and the creation of state-linked agencies was being drafted. It would help give clarity to "core functions" of departments and "noncore functions" that could be hived off.
One source said it would be fair to conclude that the new policy could be the death knell for the bill, as migration was likely to be defined as a core function.
Buthelezi wants the service to fall outside the department and for public servants to be transferred to it to deal with issues such as applications for work and residence permits. The service would be run by a CEO with the rank of deputy director-general.
It is understood that Buthelezi argued that the African National Congress had misunderstood the bill. The service would be a statutory body, similar to the SA Revenue Services. It was therefore wrong to suggest that migration policy was being outsourced or privatised.
The service would fall under a board, which would be chaired by the home affairs minister.
Government, business, labour and civil society would have representation on the board.
It would make decisions on issues such as the special skills that SA needed to recruit, or the level at which investor permits are granted.
It is understood that guidelines would be set for the board.
Buthelezi is said to be confident that the bill will be approved by the cabinet after misunderstandings were cleared up.
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