New immigration laws deemed unconstitutional

05 March 2014

Global Migration South Africa MD Leon Isaacson has cautioned that Draft Immigration Regulations, published for comment on February 17, could impede the economic growth of the country by creating “massive” inconvenience for investors and applicants, leading to a loss in new investment and foreign skills, Engineering News reports.

“A number of flaws in the draft regulations violate the country’s Constitution and could cause high-level litigation in the future.

“Most prominent of these issues is the new provision with respect to foreign spouses, who will have to prove a ‘five-year’ relationship before making applications.”

Appointment of a private service provider to manage the DHA front offices was also likely to be a problem. “It is understood that the service provider will be charging service fees to the public, which is not permitted in the regulations and is also unconstitutional,” Isaacson held.

Under the proposed regulations General Work Permit applicants would endure a “cumbersome” process to obtain a certificate from the Department of Labour (DoL) indicating that they had complied with a list of requirements – with only two sectors – mining and construction – having specific requirements.

In addition, the “scarce skills” list had not been published for comment, leaving most economic sectors uncertain as to what skills may be included.
The elimination of advocates, lawyers and practitioners followed on the DHA’s “unconstitutional” view that applicants did not require representation.
The draft regulations also included no provisions for people on one type of permit under current law to apply to extend their stay in South Africa for a legitimate purpose, causing “continuity issues” for existing skilled personnel.

By: Natalie Greve
Read the full article here:

Related articles

Read the latest issue

Latest Issue