The present campaign of xenophobia is most
disgraceful and lamentable. But it was predictable
and was indeed predicted as much as thirteen years
ago.
When I was the Minister of Home Affairs I
established a process of policy formulation which
drew into its fold top notch domestic and
international experts who agreed on the need for
having an open but controlled immigration policy for
South Africa, so that we could acquire a moderate
and useful measure of foreigners, rather than simply
throwing the floodgates open.
For this reason, we adopted policies and passed
legislation to establish an immigration control
function which could exercise law enforcement at
community level to ensure that, if the State and the
law declared people to be illegally in South Africa,
they could be treated as such.
We predicted that, as regrettable as it may be, when
the State becomes absent and abdicates its duties
and responsibilities, people see fit to take the law
into their own hands, often for their own criminal
purposes.
However, in spite of the wide international support
they received and their common sense and practical
approach, the immigration policies and legislation I
found myself having to pilot were systematically
frustrated, boycotted and thwarted while I was
Minister, and ended up being abandoned after I left.
Directors-General were appointed seemingly for the
specific purpose of not implementing immigration
policies which could address the problems. My
legislation became the most difficult to pass bill
in the history of the new Republic.
Similarly, my echoing request for political support
to reform the obsolete refugee system were ignored,
save for the support I received from the then
Minister of Home Affairs of Australia. The system of
refugee affairs foisted on us by international
conventions and completely under-funded because of
the dictates of Cabinet and the ruling Party, has
caused the collapse of any rational efforts
conducted by the State to maintain a degree of
control over immigration.
Anyone who does not qualify for an immigration visa
may merely apply for refugee status, thereby
automatically gaining an asylum seeker’s permit,
which the State has no capacity to see through to
the necessary and final hearings. This gives asylum
seekers the right to stay in the country for years
even though they would not qualify for an
immigration permit.
Furthermore, the proposals set out in policy and
entrenched in legislation for an Immigration Service
which would exercise border control were equally
ignored to the point of defying the prescripts of
the law. In spite of my numerous requests to my then
Director-General, and my calls to Parliament and the
President to intervene to correct his defiance, the
end result is that South Africa’s borders are wide
open and those who wish not to respect our
immigration laws now have the option of just walking
into our country illegally.
Conversely, all I did to make it easy for skilled
people to enter South Africa and to facilitate those
who wish to comply with our laws, has been reversed.
Now, just as it was in the old South Africa, we have
an immigration system which is inimical to business
and also inimical to beneficial immigration and
makes it hard for those who wish to comply with its
provisions, while remaining impotent in respect of
those who wish to defy it.
The present campaign of xenophobia is a horrendous
symptom of this situation which ought not to be
ignored, because of its deplorable aspects. The root
cause lies in the failure of the State to exercise
its legal and moral responsibilities.
Our people are neither xenophobic nor mean-spirited.
The South African people are hospitable and
generous, even when they have little or nothing to
share. Their chief misfortune is that of having a
less than fully competent Government, which has made
enormous mistakes and has stuck by them with
steadfast stubbornness, especially in the fields of
immigration control and the fight against crime.
We must go beyond the ritual of condemning the
present xenophobia, to point to the responsibilities
of those who must be blamed for this foreseeable and
indeed foreseen occurrence.
Yours sincerely,
Prince Mangosuthu Buthelezi MP