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New Immigration Act 'invalid'

2003-03-03 18:48

Pretoria - The provisions of the Aliens Control Act and the new Immigration Act, which is to replace it later this month, are inconsistent with the Constitution and therefore invalid, the Pretoria High Court heard on Monday.

Advocate Anton Katz, appearing for Lawyers for Human Rights and land activist Ann Eveleth, argued before judge Ben du Plessis that the court should set aside sections 34(1), 24(2), 34(8) and 34(9) of the Immigration Act.

He said the provisions of the Immigration Act relating to the detention of foreign nationals provided no guidance of whatever nature to immigration officials or for that matter to other persons authorised to arrest and detain foreign nationals.

The provisions of the Act were unreasonably broad, he said.

LHR national director Dr Vinodh Jaichand said in court papers Home Affairs officials used the Aliens Control Act on a daily basis to secure the arrest and indefinite detention without a warrant and without a trial of persons they sought to remove from South Africa.

He said the Act and the new legislation passed by Parliament in May 2002 gave no guidelines about when, why and for how long a foreign national could be detained.

Fundamental rights

The legislation violated fundamental rights such as the right not to be detained without a trial and access to courts.

There was no reasonable justification offered for the deprivation or limitation of these rights, he said.

Home Affairs assistant director Willem Voster in answering papers stressed that the State had an obligation, in the interests of its citizens, to control entry into the country by foreign nationals.

A number of factors, like poverty, political instability and wars caused countless foreign nationals to descend on South Africa without first obtaining the necessary permits. A vast majority of these people did not enter the Republic through ports of entry. This made detection by the state extremely difficult.

Illegal foreign nationals

He said there were an estimated 4.2 million illegal foreign nationals in South Africa, but only 300 immigration officers. It was extremely expensive to remove a foreign national.

The removal of 126 Nigerian nationals cost the state R1.2m in 2000 and it cost about R10 000 to remove a prohibited person to China, with the costs of escorting the person doubling or tripling the amount.

The last five years about 170 000 to 180 000 prohibited persons had been removed, but the number remained stable because of a lack of human and financial resources, Voster added.

Home Affairs Minister Mangosuthu Buthelezi said the new Immigration Act was passed by Parliament to bring the field of international migration control into compliance with the Constitution and to reflect the highest international standards of human rights protection.

The application continues.

- SAPA

inside news24

Latest comment in South Africa

pawsaw says... I think it is sad that 64% are still angry enough with FW for doing the right thing that they would deny their own language.Your language is who you are and your culture and I believe it should be fought for. I think perhaps many of the people who were against this did not understand the poll question correctly and had a kneejerk reaction and those who did understand believe that he should have ensured the survival by speaking up before now. I am proud that my country has 11 or 13 official languages and that now I can associate with whoever Ilike regardless of language/colour/religious affiliation and have the freedom to do so.That wasn't so before 1994 and I was deeply ashamed that it was so and made the choice to align myself with Africa when I had a legal right to British Citizenship which means that I now have no family of my own in the country as they have all gone abroad so that they can work and support their mother here so that I can continue in my own small way to contribute understanding and help build up my country. In life one can carry all the wrongs and hurts ever done to you and your family with you all your life but doing that will ultimately ruin and shorten YOUR life. You are only a victim if you allow yourself to be by hanging onto things which are hurting you more than the people who are long dead. We all have a choice whether we love or hate and loving those we share a country with is so much easier and nicer and productive than harping on what their ancestors did to our ancestors. White people could and have learned from Africans as have Africans from whites. United we could change the world; constantly focussing on the past we are falling flat on our faces. It is never too late to save something like your culture and language. It is part of what I love about Mzansi, we still have a chance to make a difference to the world and retain who we are. The whites who have either chosen to remain or have nowhere else to go should look just as far as the African people they know and reach out and help educate them should they desire it and language is the key. It should not be a one way street.Let us preserve and maintain our rich diversity and respect our differences and learn from one another. The superpowers out there are just waiting to step in and they are not all of British or Dutch descent. Several people here have spoken of Mandarin for they ARE the greatest threat and the most commonly spoken language in the world. They are also very clever and totally ruthless. They learn English (the language of business) and they appear to be amazingly generous and make naive people believe that they are doing this out of the goodness of their hearts. Payback time WILL come and when it does you will have nowhere to run. They practise 1 child only families so f your culture demands that there should be a boy child and your first child is a girl, what do you do? Millions of perfectly healthy girl babies are abandoned by parents to die because they wish to follow their custom. They require land and resources so they give support to countries with those things. They are not doing it for you they are doing it for their own people and placing you in servitude and secretly colonising you. Be afraid, be very afraid because when they see the time is ripe they will come in and wipe you out without batting an eye. Effectively they will do what British imperialism did in America. If you do not submit to their will you will just be destroyed and the few remnants will be so grateful to be spared that they will bow the knee and find themselves in reserves like the native American Indians. Let us talk to one another respectfully and share ideas on how to prevent this happening. We can't do this unless we use language we can all understand and that is our country which we have in common and love. Let's start today. Read the article...

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