We have informed our clients and newsletter subscribers over the last few months that the Immigration Act 13 of 2011 (referred to the as the “Amendment Act”) would be coming into operation soon.
We also advise clients that a “consultative process” was initiated in February of this year where draft Immigration Regulations were published for comment by stakeholders, on a very short comment period. Various bodies including our professional body the Law Society of South Africa and its provincial statutory bodies made extensive input and indeed pointed out numerous potential unconstitutionalities and many administrative problems in the proposed regulations.
After that process there was a complete lull in information coming through into the public arena.
Then rather suddenly, on the 22nd May and late in the day we managed to obtain information that the gazette would be published on that very day and come into operation on Monday the 26th May.
Whilst we were aware of the amendments arising from the Amendment Act itself, the content of the proposed new regulations were largely not known.
Whether the Minister had taken cognisance of the considerable input made by stakeholders or not remained a huge question mark.
When the new government gazette appeared it contained a certain provisions, some of which has harsh realities as a consequence and which could simply not be predicted.
The purpose of this section of the newsletter is to give you a brief summary of these specifics.
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