Chairperson, hon members and our Minister, our guests and comrades, in considering the Immigration Amendment Bill, Bill 32B of 2010, the committee has proposed consequential and editorial amendments with a view to strengthening the Bill in accordance with its objectivess.
The objectives of the Bill are the following: to amend the Immigration Act of 2002; to provide for the designation of ports of entry; to revise the provision relating to the Immigration Advisory Board; to revise provisions relating to visas for temporary sojourn in the Republic and for the procedures with regard thereto; to revise provisions relating to permanent residence; to revise penal provisions; and to repeal provisions relating to immigration practitioners.
Section 198 of our Constitution states that national security is subject to the authority of Parliament and the national executive. This is one of the guiding principles for the National Council of Provinces in passing an important Bill, such as the Immigration Amendment Bill.
Indeed, this amendment seeks to prevent the abuse of the provision of our principal Act. The Bill also endorses the necessary screening process at the borders and ports of entry. Over the past 17 years of our democracy we have learnt that not all people who come into our country have the same interests. As such, we need to know who is in the country, who they are, what the purpose of their presence is and how their stay is going to contribute to our development.
To conclude, I must say that as the select committee we believe that this Bill is within the ambit of the Universal Declaration of Human Rights and international law, protocols and conventions. This Bill goes a long way towards promoting our country's development, the rule of law and international co-operation. Deterrent penalties as proposed in the Bill will deter unlawful acts. As the Select Committee on Social Services, we support the Immigration Amendment Bill and ask the Council to vote on it. I thank you. [Applause.]
Debate concluded.
Declarations of Vote:
Hon Chairperson, the DA will fully support and endorse well-informed amendments that effect workable and comprehensive migration policies and laws. This Bill was introduced to make urgent technical amendments. Some worked, but others brought to the fore difficulties and problems with regard to the effectiveness of this amending Bill, such as the following.
Firstly, the DA said in the select committee that it had certain reservations about the Bill. Secondly, the procedure and time given for consultation with the public was inadequate because only one week's notice was given by Parliament for public submissions. Thirdly, the Minister already announced that no changes would be allowed to the Bill before the Bill was introduced to the NCOP and all the correct processes were followed. The indication given by the Minister was that she expected from the NCOP merely to rubber-stamp the decision.
Fourthly, this Bill also has serious detrimental consequences for the economic growth of the country. The exceptional skills permit is replaced with a critical skills visa. This change has the consequence that the applicant for an exceptional skills permit, who could motivate why his or her skills were exceptional and why they would be of benefit to South Africa, would be successful in obtaining the permit. However, with the critical skills visa a list will be gazetted and if the skills of the applicant are not listed, they will not qualify. In the DA's opinion the above will only serve to keep skills out of the country, which may have a detrimental effect on the economy.
Fifthly, the Bill also stated that the director-general must issue a visa if the person complied with the prescribed procedures. This means that the discretion of the director-general is taken away. However, the prescribed procedures are not clearly stipulated in the Bill.
Therefore, hon Chairperson, this Bill is potentially unconstitutional and inconsistent with the separation of powers, as requested by the Constitution of South Africa of 1995. The DA cannot support the Bill and objects to it in its entirety. I thank you.
Hon member, the objection will be noted.
Chairperson, on behalf of the ANC, I think it will be wise to do the same. Firstly, I want to say the Bill has been with Parliament for a long time. I think this should be recorded. It is not true that the Bill has been in Parliament for a week. Also, the Bill has always been with two committees of Parliament, not only one committee.
Secondly, the Minister had expected not to have amendments. She did not say that no amendments would be allowed. That's also misleading.
Lastly, if we speak of the Bill, you should look at all the criteria that have been set and not only at one issue. You should look at the whole set of criteria set by the department and you shouldn't only single out what suits you. Read it as a whole. If it's a, b, c, up to z, then you must read z together with a, so that you understand. On that note, Chair, I want to say that the ANC urges the DA to change its mind and vote for the Bill. [Applause.]
Division demanded.
The Council divided:
AYES - 32: Adams, F; Boroto, M G; Chaane, T E; de Beer, C J; de Beer, O; Dikgale, M C; Feldman, D B; Gamede, D D; Jacobs, M P; Mabe, B P; Mabija, L; Maine, M C; Makhubela, M W; Makgate, M W; Mashamaite, T A; Mashile, B L; Matila, A G; Mncube, B V; Mnguni, B A; Mlenzana, Z; Mofokeng, T M H; Mokgobi, M H; Mokgoro, G G; Montsitsi, S D; Moshodi, M L; Ntwanambi, N D; Nyambi, A J; Nzimande, L P M; Rantho, D Z; Sibande, M P; Themba, M P; Zulu,