2. With reference to your call for submissions as published on www.home-affairs.gov.za, CFCR welcomes the opportunity to make concise submissions to the Department of Home Affairs (the Department) regarding the Draft Immigration Regulations, 2014 (the Regulations) and certain aspects of the regulations that we believe require revision or amendment.
3. The CFCR welcomes the objectives of the Regulations in so far as they aim to give effect to the letter and spirit of the Constitution read with the Immigration Act 13 of 2002 (the Act), in particular the equal enjoyment of all rights and freedoms by every person.
4. All nations, to a large degree, manage the movement of non-nationals across their borders. Although, in principle, one has the right to leave one’s own country and to return to it, the right to access and remain in the territory of another country is highly dependent on the laws of the receiving country. The authority of states is however limited by certain rights accorded foreigners in international law. At a minimum, such rights guarantee the safe and free movement of both visitors and migrants.
5. Given South Africa’s relative economic prosperity and political stability, it is apparent that it is an attractive destination for both immigrants and visitors. As such, there is a need to have a clear legislative framework regulating immigration activities taking into account constitutional values, rights and principles.
Photo credit: DFID – UK Department for International Development / Foter / CC BY-NC-ND
