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Sat May 26 09:51:19 SAST 2012

Immigration Bill 'unconstitutional'

Sapa | 27 January, 2011 14:29

Image by: LEBOHANG MASHILOANE

Proposed changes to the Immigration Amendment Bill are "impractical", will violate the Constitution and destroy thousands of jobs, the chairman of an immigration practitioners' association said.

Leon Isaacson, chairman of the Forum of Immigration Practitioners of South Africa, told Parliament's portfolio committee on home affairs the proposed amendments did not take into account the home affairs department's "huge capacity problems and backlogs".

"The proposed legislation would be impractical, would violate the Constitution and could destroy jobs at a time when the policy of the government is focused on saving and creating jobs," Isaacson said.

"The bill is home affairs' first attempt to deal with ongoing problems within its permitting department, which handles all work, study and business, retirement and related permits.

It ignored the "huge capacity problems and backlogs" at home affairs, and the fact that it was addressing only the basic functions of the permitting system.

"Should the draft bill be passed the applicant's right to representation in immigration matters - a right entrenched in the Constitution - would be removed," Isaacson said.

"This would result in an unregulated industry in which anyone would be able to advise applicants, causing further problems in a sector which we believe needs increased regulation."

The centre for development and enterprise (CDE), a policy research institution, has called for the bill to be rejected and for a new version be drawn up, to make the country "as attractive and welcoming as possible to skilled immigrants".

"This is vital if the country is to achieve the president's stated goal of achieving economic growth of seven percent per annum for a sustained period," the centre's executive director Ann Bernstein said.

In a written submission to the home affairs portfolio committee, the CDE argues the Bill in its present form could lead to an even more restrictive migration regime, that would further hamper the country's ability to attract skilled foreigners and boost economic growth.

"SA urgently requires comprehensive and structured reform aimed at creating a system that will allow the country to attract and recruit as many skilled foreigners as possible," said Bernstein.

Introduction of the term "critical skills" instead of "exceptional skills" suggested "higher qualifying standards", she said.

Bernstein said the lack of clarity about how present and future officials might shape migration policy would lead to uncertainty within the bureaucracy and among prospective immigrants and employers.

Rapid economic growth required that the country attract much larger numbers of skilled foreigners, with skills defined broadly enough to include not just people with academic qualifications, but also those with practical and technical skills or business experience, she said.

"The submission calls on the committee to refer the bill back to the department of home affairs and direct it to formulate a policy that would attract a large number of skilled immigrants," Bernstein said.

The committee was expected to meet the department next week to discuss public feedback on the bill.

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