Immigration Amendment Bill
by Hon HN Makhuba


22 March 2011

Honourable Speaker

This bill is an abomination. All the public inputs received rejected it. Yet the majority party is approving it. The Department has sold it to us an interim measure, yet there is nothing interim about it.

It eliminates an entire class of professional, the immigration practitioners. The Department explained this on account of the discomfort of the officials in dealing with people who actually know laws and regulations and tell them what to do. The Department was candid enough to stick its entire leg in its mouth. After the bill is passed foreigners must deal with the Department directly without any lawyer, immigration practitioner or another representative. This is unconstitutional.

Under ordinary circumstances, the bill prohibits foreigners from changing their status while in the Republic. A tourist wanting to become a student or a student a permanent resident must leave our country, apply from abroad and wait abroad for ever for a visa to be granted. This even applies to those acquiring permanent residence on account of marriage, which is unconstitutional.

The Bill institutionalizes high level corruption by requiring that investment permits only be granted if in the national interest against conditions to be set out in regulations. This will make the Savoi case the ordinary way for foreigners to invest in SA. Gaston Savoi was directed by the Ministry of Trade and Industry and his Adviser who to use as his partners for BEE purposes and who to give donations to in order for his business to be deemed in the public interest. They masterminded in the interest of their cadres this, how this foreign investor had to spread around his wealth in order to stay and do business in our country. This bill will make this practice mandatory so that our country may finally be internationally known as the land of corruption.

The Inkatha Freedom Party rejects this bill.