The Helen Suzman Foundation (HSF) has criticised Cabinet for adopting the controversial White Paper on the Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa, despite siginificant objections.

On Wednesday, Home Affairs Minister Aaron Motsoaledi announced the paper’s publication, which he said was a product of robust engagements.

Last week Cabinet passed the paper after public comments.

In November, the department published the paper for public comment and written submissions were meant to reach the Department of Home Affairs on or before January 31.

Motsoaledi said public hearings were conducted in all nine provinces, and stated that the outcome of the engagements and incorporation of public comments was that the policy position adopted in the White Paper enjoyed wide support.

This, as many civil society organisations voiced their objections against the adoption of the paper.

HSF argues that the White Paper is not sound government policy‑making because it provides an “inscrutable solution” without properly defining the challenges that migration poses to South Africa.

“Instead, the White Paper bemoans South Africa’s already strict legal regime for refugee protection and fails to recognise basic legal realities that prevent largescale tightening of our refugee laws. The principle of non-refoulement and the Constitution’s own rights prevent meaningful departure from the framework for refugee protection which South Africa already has. Moreover, the White Papers’ calls for institutional reform, while perhaps laudable when considered on their own, distract from the Department of Home Affairs' backlogs and incapacity – neither of which are addressed in any detail in the White Paper,” HSF said.

It is urging Parliament not to adopt the White Paper’s proposals into law.