The African National Congress (ANC) in KwaZulu-Natal (KZN) has called for a complete overhaul of South Africa’s immigration, citizenship, and refugee protection laws, acknowledging that the current legislative framework is fragmented and outdated.

Speaking at a press briefing on Tuesday, ANC KZN Coordinator Mike Mabuyakhulu emphasied the party’s commitment to modernising the immigration system to better address the evolving challenges facing the country and align the legislation with South Africa’s national interests.

Mabuyakhulu emphasised that despite existing weaknesses in the current immigration framework, the existing legislation remains in effect until the overhaul is implemented.

The ANC has proposed a comprehensive overhaul aimed at securing South Africa’s borders, safeguarding its national security, and fostering economic recovery.

He stated unequivocally that the laws of the country should apply equally to all those within its borders, and that the ANC will ensure the active participation of all citizens in this process.

“The ANC understands the frustration of our people who are living with the effects of legislation that has not kept pace with the objective realities they face daily,” Mabuyakhulu said, acknowledging public frustration regarding the current immigration system.

He further pointed out that criminal elements, including some within the state apparatus, have taken advantage of the country’s porous immigration system, benefitting from illegal activities tied to immigration and citizenship fraud.

“These acts of criminality must be confronted without fear or favour by our law enforcement agencies,” Mabuyakhulu added.

He went on to stress that while unlawful immigration must be dealt with decisively, South Africa must not fall into the trap of treating all foreign nationals as criminals.

“We must resist the temptation of painting all foreign nationals, including those who are in South Africa legally, with the same brush,” he said.

He further reiterated that illegal immigrants must face the full might of the law. “Indeed, those who are here illegally must face the full might of the law.

However, since South Africa is a Constitutional state, we must all respect that Constitutionally-recognised law enforcement agencies remain the sole custodians of law enforcement,” Mabuyakhulu said. .

He also made it clear that there is no place for vigilantism, ethnicism, or xenophobia in the province.

“There is no place for vigilantism in KwaZulu-Natal. There is no place for ethnicism in KwaZulu-Natal. There is no place for xenophobia in KwaZulu-Natal,” he stressed.

The ANC’s proposed immigration reforms include the adoption of the First Safe Country principle, which would mandate that asylum seekers must seek protection in the first stable country they reach.

This, the ANC believes, will help curb abuses of the asylum system while still upholding South Africa’s humanitarian commitments.

“We are not simply saying South Africa must repudiate its international obligations. We are encouraging asylum seekers to seek protection in countries where they will be safe, rather than making South Africa the destination after passing through other stable countries.” Mabuyakhulu said. 

Another key aspect of the ANC’s proposals is the introduction of a merit-based, points-driven immigration system designed to turn immigration into a strategic economic tool.

This system, according to Mabuyakhulu, would allow South Africa to attract critical skills and high-impact investment, addressing the country’s economic needs while strengthening its borders.

In addition, the ANC seeks to tighten naturalisation requirements to prevent fraudulent claims of citizenship.

This, Mabuyakhulu explained, is part of a broader effort to modernise the country’s immigration and citizenship laws, making them more secure, transparent, and technologically advanced.

Mabuyakhulu also highlighted the creation of a Citizenship Advisory Panel and the potential establishment of specialised immigration courts. These reforms, he said, would address systemic delays in immigration and naturalization processes and introduce greater efficiency and security to the system.

“Instead of focusing on past failures, we have an opportunity to shape the future,” Mabuyakhulu added, emphasising the importance of public input in the legislative overhaul.

“There is now an opportunity for all South Africans to contribute to reshaping a new immigration framework.”

He called on all stakeholders to engage with the process and make their voices heard in the development of the new White Paper on Citizenship, Immigration, and Refugee Protection.

Despite the challenges and accusations that have surrounded South Africa’s immigration policies, Mabuyakhulu reiterated that the ANC was determined to foster a fair and balanced approach.

He urged political leaders to provide guidance and leadership, resisting the temptation to exploit immigration issues for political gain.

“We must focus on building this country and providing proper leadership for our people and our nation,” he said.

hope.ntanzi@iol.co.za 

IOL Politics 

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