Date: 08/04/2003
Source: Department of Home Affairs
Title: Buthelezi: Immigration Act and Regulations now in force


PRESS STATEMENT BY MANGOSUTHU BUTHELEZI, MP, MINISTER OF HOME AFFAIRS

Yesterday, 7 April 2003 at 20h30, I and my Department were informed that as a consequence of my having appealed the decision of the Cape High Court relating to the Immigration Regulations and after a lengthy hearing and court arguments, the new system of migration control came into force as per last night. As per last night the Immigration Act 2002 Act 13 of 2002 and the Immigration Regulations have substituted the Aliens Control Act and its regulations and are the law regulating migration into and from South Africa.

I am pleased that after a lengthy waiting period the new system of migration control is finally of force and effect, so that it can provide its benefits both to our nationals as well as the relevant foreigners. However, unfortunately, because of the pending litigation, the new system of migration control has come into force without prior notice, which is bound to exacerbate the unavoidable teething problems which are necessarily associated with the launching of any new administrative reform. In fact, until 20h30 last night there was uncertainty on what system of law would be governing migration control the day after and, therefore, no final preparation could be made for the switch over.

We regret any inconvenience which the public may suffer. Extensive training has been done, inclusive of our officials abroad. A central core has been established to attend to enquiries. I have instructed all offices of my Department to apply maximum flexibility. Whenever possible, we will be receiving applications which are erroneously lodged in terms of the Aliens Control Act and we will, to the extent possible, accept them and process them as if they were lodged in terms of the Immigration Act, until all offices have been properly notified of, and have adequately geared up for, the switching over from one system to the other. We will endeavour to exercise the maximum possible flexibility to accommodate the public needs and expectations in this transitional period.

I wish to assure the public of the dedication of all Home Affairs public officials who, I am sure, will resort to the type of commitment and dedication which has taken our Department through many other seemingly impossible challenges. In 1999, against all expectations, we provided Identity Documents to everyone who requested them, in order to register for and vote in the general elections. Over and again the endurance, commitment, professionalism and determination of Home Affairs officials has lived up to the best expectations, in spite of the difficulties in which we find ourselves to operate because of insufficient resources and capacity. I trust that with my public officials will do their best because I know that they are capable of doing so. Together we will overcome the present difficulties. I trust that once this new system of migration control is in place public expectations will be fulfilled and public concerns addressed.

Issued by the Department of Home Affairs, 8 April 2003