Immigration Act 'valid' after all?

2003-04-15 14:32

Cape Town - Home Affairs Minister Mangosuthu Buthelezi told MPs on Tuesday that he would publish draft regulations for a second round of public comments on the controversial Immigration Act after the first round ended on Tuesday.

"I have extended the first period of public comments from 21 to 31 days... (after) I have been ordered by a court of law to do so," said Buthelezi during a briefing to the portfolio committee on home affairs on the litigation surrounding the act and the way forward.

He said it was difficult to anticipate how long it would take to process the comments received, as this would depend on "their nature and extent".

Buthelezi confirmed to the committee that he would be pursuing both section 7(1) of the bill - which related to tabling the regulations, soliciting public comment and publishing final regulations - as well as appealing a Cape High Court decision ruling declaring the immigration regulations invalid.

"It is my intention to pursue the section 7(1) regulation-making process as quickly as possible... (it) is important that this process is completed without undue delays so as to bring final certainty into the regulatory framework of migration control.

"There is also urgency because the immigration regulations which are presently in force and effect have been declared invalid by the Cape High Court.

"Because such declaration of invalidity has been suspended by virtue of the pending appeal - to both the Constitutional Court and Appellate Division of the Supreme Court - there is urgency in completing the section 7(1) regulation-making process, should the appeal fail."

Buthelezi said he had been advised by two senior counsels that the Cape High Court's decision on the merits of the matter were "erroneous" and on appeal it could be found that the immigration regulations were in fact valid.

He also said that the establishment of the Immigration Advisory Board would continue so that it could be operational by May 21.

- SAPA