South Africa is facing a rising tide of xenophobia as its economic crisis worsens. In response to this, Home Office Minister Aaron Motsoaledi has proposed tougher asylum and immigration laws, which could have far-reaching consequences for foreign nationals seeking refuge in the country. The government’s plan, outlined in a White Paper released for public discussion, marks a significant departure from the more inclusive policies implemented after the end of apartheid in 1994.
One of the main changes proposed by Dr. Motsoaledi is to require individuals to seek asylum in the first safe country they arrive in, potentially denying asylum to those who pass through other countries before reaching South Africa. This measure would primarily impact refugees and asylum-seekers from other African nations, who make up the majority of those fleeing conflict and persecution. Currently, South Africa is home to approximately 250,000 refugees and asylum-seekers, according to the UN. Among them, 25% are from Ethiopia, 23% from the Democratic Republic of Congo, 11% from Somalia, 10% from Bangladesh, and 6% from Zimbabwe.
However, the number of refugees and asylum-seekers is relatively small compared to the overall population of South Africa. Yet, the increasing presence of foreign nationals in the country, combined with a soaring unemployment rate of around 32%, has fueled resentment and hostility towards immigrants. Foreigners, especially Somalis and Bangladeshis, have been accused of controlling the economy and taking jobs away from locals, leading to attacks on migrants and the emergence of anti-migrant groups like Operation Dudula. In response to these sentiments, Dr. Motsoaledi’s proposed changes to asylum and immigration laws could be seen as an attempt to address concerns and gain support for the ruling ANC party ahead of next year’s elections.
The ANC fears losing support to opposition parties that prioritize tougher immigration policies. In fact, these parties performed well in the recent local elections in economic centers like Johannesburg and Tshwane. By focusing on migration issues, the ANC hopes to divert attention from its own failures in governance and demonstrate a proactive approach to addressing public concerns. Senior ANC official Fikile Mbalula has already described undocumented immigrants as a “ticking timebomb” for South Africa, highlighting the strain they put on public services, healthcare, and employment opportunities.
While the government acknowledges the challenges of dealing with undocumented migrants, particularly from neighboring states like Zimbabwe, it believes that stricter laws and enforcement measures will reduce the inflow of foreigners and provide better control over the influx. Immigration Services already deport thousands of illegal foreigners each year, but the government plans to establish the Border Management Authority and introduce new legislation to strengthen the powers of immigration officers, establish immigration courts, and streamline deportation procedures.
However, some experts argue that cracking down on undocumented migrants may not be the most effective solution. Khangelani Moyo, a South African academic, suggests that creating mechanisms to document and regulate the movement of people would be more practical. Simply arresting and deporting migrants who return shortly afterward does not address the underlying factors driving migration or the need for labor in the country.
As South Africa navigates its economic crisis and political landscape, the government’s proposed changes to asylum and immigration laws have the potential to exacerbate tensions and fuel further xenophobia. It is important for policymakers to strike a balance between addressing legitimate concerns about immigration and protecting the rights and well-being of refugees and asylum-seekers who seek safety and opportunity in South Africa. Failure to do so could have serious humanitarian and social implications, as well as negative consequences for the country’s international reputation and relations with neighboring nations.
