Migration News - November 1999

November 1999

• Business Day (11/29) reports that mining group Placer Dome Western Joint Venture has set aside R15m to assist employees affected by their retrenchment of 2600 Mozambican miners. While their efforts will focus on Mozambican former employees, a similar process will be pursued in other areas affected by retrenchments, including Lesotho and the Eastern Cape. It has set itself a goal of ensuring that at least 70% of their employees (or nominated family members) will be economically active within 2 years. Representatives from the mining group went to Mozambique last week on a fact-finding mission to liaise with non-governmental organisations (NGOs) and other organisations to determine what development work is already underway in the rural areas targeted for creating jobs. They found that while up to 200 NGOs were working in Mozambique, their efforts were not coordinated. A representative from the SA High Commission expressed concern regarding the lack of coordination between the mining houses in rural economic development initiatives. The company is trying to prevent "training for training’s sake" and wants to avoid imposing solutions on ex-employees. Facilitators will determine training needs and then these results will be evaluated against whether such training will lead to sustainable development. Eugenio Numaio, governor of Gaza province, where most of the retrenched miners come from, welcomed the plan, but called for investment, rather than training, as a long-term solution.

• Sapa-AP (Kahenge 25-11) reports that about 2,400 people, mostly women, children and the elderly, have crossed the Cubango River that forms Angola’s southern border with Namibia. They are fleeing fighting between government and UNITA forces. While the refugees set up camps without food, water, shelter, or sanitation facilities, the Namibian government is in the process of moving them 700 km where a better infrastructure exists. According to Namibian President Sam Nujoma, UNITA rebels have crossed Namibia’s borders, committing robberies and cattle theft, and that these acts will result in "consequences".

• Sapa (London 23-11) reports that, in a speech delivered at an African renaissance conference at the African Centre in London, Deputy President Jacob Zuma called on all people of African origin to return to Africa, with their skills and expertise, in order to contribute to the African renaissance. While stressing the need to encourage foreign investment, he also said, "Wealth accumulated in Africa also finds its way out. We need to ensure that the wealth accumulated in Africa stays in Africa."

• Sapa (Johannesburg 11/18) reports that police are defending their right to ask anyone to identify themselves and show an identity document, temporary identity document, passport or travel document. According to police detective services Divisional Commissioner Manie Shoeman, police are empowered to do so by the Act on Identification, Act 72 of 1986 Section 14(3). Shoeman elaborated, stating that any immigration or police officer who suspects an individual of being an alien, may ask that person to produce proof that they are allowed to be in South Africa. If they are unable to produce such documentation, the officers could take them into custody without a warrant and detain them. According to Senior-Superintendent Faizal Abdul-Kader, reasonable cause for suspecting a person of being an alien included: "listening to the person’s language and accent, their physical appearance, certain identification marks like vaccination marks common to people from Mozambique." Further, he stated that "Nigerians in particular normally had very dark complexions, while illegal aliens from India very often spoke specific dialects."

• The Sowetan (11/16) reports that the war in Angola has been described by analysts as "the world’s worst war" and one of its worst effects has been the displacement of hundreds of thousands of people outside of the country (approximately 1.5 million Angolans have been internally displaced). Many Angolan refugees have sought refugee status in Democratic Republic of the Congo and Zambia.

• The Mail and Guardian (Johannesburg 11/12) reports that the Johannesburg High Court ordered the release of 40 suspected "illegal immigrants" from the Lindela Accommodation Centre on the Gauteng West Rand. The decision was made in response to the Human Rights Commission’s (HRC) application for a court order against the Home Affairs Department and the centre, charging that the centre had detained ‘illegal immigrants’ for more than thirty days without bringing their cases to court. According the HRC’s attorney, Andrew Rens, the immigrants will be released this afternoon and they will each be granted a Section 41 permit which allows them seven days to legalize their status in South Africa.

• Pretoria News (11/10) reports that due to the recent arrest of two foreign doctors working illegally in the Northern Province, an investigation into the citizenship of all doctors practising in the province has been launched. According to chief immigration officer, Samuel Matlou, the regional office of the Home Affairs Department will investigate each doctor to determine whether or not they are South African and their papers are legitimate.

• Sapa (Johannesburg 11/09) reports that a forum on refugees to mark the 30^th anniversary of the Organisation of African Unity Convention on Refugees is to be held in December by the United Nations High Commission for Refugees (UNHCR). The purpose of the forum will be to explore the plight and conditions of refugees in Southern Africa and participants are expected to exchange ideas and experiences regarding the causes of the problem of refugees in Africa and to make suggestions to governments, media, regional bodies and the general public. A spokesperson for the UNHCR said that prominent personalities, government officials, non-government organisations, trade unions, and researchers from around the world and all SADC member states were expected to attend. The forum will take place at the Balalaika Hotel and Crown Court in Sandton on December 7.

• Sapa (Johannesburg 11/09) reports that the Gauteng Housing Department is going to spend over R165 million to upgrade workers’ hostels and to build new units that would accommodate about 5,000 residents. Commenting on the conditions of the current hostels, housing MEC Paul Mashatile said "hostels like Diepkloof are a painful reminder of the cruel intentions and designs of the apartheid migratory labour system" and that future accommodations would be built for families. So far this year, the Housing Department has spent R54 million to upgrade about 25 hostels in the province. The upgrade programme also intends to bring job creation and skills-development to the people in hostels, according to Mashatile.

• Xinhua General News Service (11/05) reports that South Africa is deporting up to 180,000 "illegal immigrants" per year to at least 92 countries, according to the Home Affairs Department. 70% of all "illegal immigrants" are believed to come from Mozambique and Zimbabwe, most of whom "simply walk" through undesignated crossing points at the borders and do not go through immigration procedures. Responding to a report which stated that South Africa violated human rights in the deportation of "illegal immigrants", the Home Affairs office stated, "We have the interests of South Africans to protect, and we always strive to deal with the problem of illegal immigrants in the most human way possible, but unfortunately, we can not please everybody."

• AFP (Cape Town 11/05) reports that South Africa has received its first applications for asylum from gay men who fear persecution in their home countries and that the cases will serve as test cases for South Africa. In May, a new South African law came into effect stating that sexual orientation is grounds for extending political asylum. The applications have been made by a Ugandan doctor and two Pakistani men. Homosexuality is illegal in Uganda and Ugandan President Yoweri Museveni recently said "gays must be arrested". Homosexuality is also illegal in Muslim Pakistan, punishable by execution by stoning. Spokesperson for the National Coalition for Gay and Lesbian Equality Evert Knoesen said that it was unlikely that these first applications, even if successful, would result in a "flood" of similar requests. Earlier this year, the coalition successfully challenged a South African law that allowed only married, heterosexual people to obtain permanent residency for their foreign partners.

• The Mail and Guardian (Johannesburg 11/05) reports that the Human Rights Commission is applying for a court order against the Home Affairs Department and The Lindela Accommodation Centre, a privately run deportation camp, in order to secure the release of 40 "illegal immigrants" who have been held at the centre for more than 30 days. The commission’s Emma Algotsson said that the immigrants cannot be held for more than 30 days without their detention being approved by a judge. While there may be a problem "proving the nationality of an illegal immigrant", the commission’s attorney, Andrew Rens, stated that he does not know why the Home Affairs Department has not brought the detainees to court since "it’s an easy enough procedure." The centre is owned by the Dyambu Trust and has processed more than 15 000 "illegal immigrants", charging R22.75 a head per day. A report released by the commission in March found problems with the conditions at the centre and a follow up report is expected before the end of the year.

• Business Day (11/04) reports that the home affairs department moved yesterday to quell the anger of foreign investors, saying that a draft bill envisaging the creation of a separate department to deal with all immigration issues was likely to be tabled in Parliament. Home affairs has been criticised by political parties and foreign businessmen recently for bureaucratic snarl-ups that have led to work application permits being turned down. Minister Buthelezi said his department was striving to become "more sensitive" towards attraction of foreign investments and skilled people and speedily processing applications. Rather than making it difficult for people who contribute to the growth of SA to gain permanent or temporary residence, his department should concentrate on combating the problem of illegal immigrants, he said.

• The Business Day (11/04) editor wrote: Any country as starved of capital and skills as ours would be foolish to block the entry of foreign entrepreneurs. Yet that is precisely what the department of home affairs is doing - so much so that its obstinacy is now vying with crime and labour issues as the primary disincentive to foreign investment. Stories abound of foreign business initiatives being blocked by delays and obstructions in the granting of visas and work permits to critical managers and technical staff. Those delays invariably go unexplained by a department which has kept the criteria for granting these permits a mystery to outsiders. There are a number of possible explanations. One is rank incompetence among junior officials. But the persistence of the problem, and the fact that the department is reasonably competent in other areas, suggests that capacity is not the issue. Another possible explanation is corruption. Anecdotal evidence suggests this cannot be ruled out. Whatever political complications the ANC might fear, Minister Mangosuthu Buthelezi has to be called to account. The economic costs of not doing so are growing.

• Sapa-AFP (Gaborone 04/11) reports that over 2,000 "illegal aliens" were arrested in Botswana during a government "alien clean-up" in September. Most of those arrested, and deported, were from Zimbabwe and Zambia, but some were from Britain, China, Ghana, India, Malawi, Mauritius, Pakistan, and South Africa. While the public increasingly blames "illegal immigrants", especially those from Zimbabwe, for increased drug dealing and theft in the country, President Festus Mogae warned against generalized finger-pointing, yet added: "An unemployed illegal immigrant is more likely to commit crimes." Further, he promised future "sweeps" to rid Bostwana of "illegal immigrants" that "the country cannot afford." . Sapa (Cape Town 4/11) reports that the Democratic Party has stated that aseparate department should not be created to deal with immigration. While the White Paper on International Immigration provides for the separation of the Home Affairs Department into two main branches, citizen services and migration, with the latter being converted to an immigration service, Home Affairs spokesperson Hennie Meyer denied that a separate department is envisaged. In response to the controversy surrounding his department's refusal to grant work permits to employees of an international company wishing to invest in South Africa, Home Affairs Minister Mangosuthu Buthelezi stated that his department "should focus on dealing with aliens, rather than making it difficult for would-be investors to obtain residence in South Africa." Without elaborating, he also said that legislation was being drawn up to "transform" his department, in keeping with the policy outlined in the white paper.

• Sapa-AP (London 03/11) reports that outgoing secretary general of the Commonwealth, Chief Emeka Anyaoku of Nigeria, stated that globalization has expanded the gap between rich and poor which in turn increases intolerance and xenophobia. He added that while globalization has improved trade and communications between rich and poor countries, it has also eroded borders. Members of the Commonwealth range from some of the world's wealthiest countries, such as Canada, Australia, Brunei, and Britain, and the poorest, such as Bangladesh, India, and Mozambique.

• Sapa-AP (02/11) reports that over 1,500 Angolan refugees entered Zambia during the last three weeks of October, according to Kris Janowski, spokesperson for the United Nations High Commissioner for Refugees (UNHCR), while the previous rate this year was only 100 per month. Angolan refugees are fleeing fighting between UNITA and government forces.

• Sapa (01/11) reports that the South African Chamber of Business (Sacob) called for an urgent meeting with Home Affairs Minister Mangosuthu Buthelezi to discuss immigration and work permit problems. Recently, employees of foreign companies wishing to do business in South Africa were refused work permits.

Updated December 6, 1999