Craig Smith & Associates to challenge regressive and unlawful immigration laws

Since the repeal of the draconian and apartheid era Alien’s Control Act, we witnessed the arrival of the much needed Immigration Act 13 of 2002, and its further attempts in its amendment in 2004 to usher in efficient, rational and simplified requirements to introduce a foreigner friendly immigration policy. Such Immigration Act was patently clear in its stated intentions by acknowledging the much needed introduction of foreign skills and investment into South Africa within a human rights environment to counter the vacuum of global skills and the brain drain in South Africa. However, as of the 22nd of May 2014 when the new Immigration Regulations of 2014 were published to take effect on the 26th of May 2014, such progress has been blighted by the Ministry of Home Affairs who through unfettered bureaucratic and nationalist arrogance has sought to realign itself with those dark days of apartheid to chase away all foreigners without remorse.

This could be understood in the past when the apartheid government made no bones about its immigration policy – if you were white and had money you could enter. If you were black and could work on the mines and farms in South Africa you could enter on a seasonal basis. However, if you were none of the aforementioned you would not be welcome to enter without reasons. Unfortunately, on the 26th of May 2014, with the re-introduction of apartheid orientated draconian enforcement rights in favour of immigration officials and stifling, overly bureaucratic and unreasonable permitting requirements for skilled and investment oriented foreign workers , our immigration policy has regressed back to the dark ages. What is a surprise is that the Minister of Home Affairs has gone on record to suggest that the new immigration machinery has ushered in a new era of efficient and sound international migration policy. Yet, our Minister has merely amended the prevailing immigration Act contradicting herself  with the stated intentions of human rights and simplified immigration policies with spectacular failure for all to see. Craig Smith & Associates will have none of this and will challenge these ill-considered and repressive immigration laws to ensure that the Ministry of Home Affairs is brought to account for its most evil laws. If only our Government would appreciate that jobs for all South Africans will be increased not through small-sighted and ill-considered immigration legislation but by proper economic growth and competitiveness in the global community. But it is unlikely that the Government will ever admit its failures. Links: Government Gazette May of 2014


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With offices in Cape Town and Johannesburg, Craig Smith & Associates is South Africa’s only national immigration law firm.

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– Gabor Lukacs

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