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.