Aug-Sept 2014 K.indd

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www.cosatu.org.za • AUG/SEPT 2014

declared undesirable and then banned from South Africa for years, may be that they too will leave and then withdraw their investments, close their businesses and retrench their South African staff. The regulations require not only the police but also such social services providers as hospitals and educational institutions to ascertain the legal status of foreigners who request their services. The serious possible consequence of requiring hospitals, schools and police to ascertain the legal status of foreigners may be that they will simply not seek protection from police when threatened, send their children to school to be educated or go to hospitals when sick with possibly deadly consequences. The new regulations require foreign students to have medical coverage whilst studying in South Africa. Whilst this may be a standard international requirement, it is contrast to it not being required for South African students in South Africa. It may also in effect make it prohibitively expensive for disadvantaged students from Africa or other developing countries to study in South Africa. The regulations now require applicants who seek to change their visa statuses to now do so in their normal country of residence and may no longer do so in South Africa except in the case of medical or other emergencies. This may be prohibitively expensive and either discourage persons from legally amending their visa status or in effect dissuade them from remaining within South Africa where their skills may be needed.

ensure that unskilled migrant labour remains illegal and thus vulnerable to exploitation and abuse and deprived of their labour rights. Whatever the intentions are behind this stunning silence, it is in direct contrast to the history of unskilled migrant labour in South Africa and COSATU and the Alliance’s commitment to internationalism and regional solidarity and commitment to providing protection to vulnerable workers. The new regulations provide that persons who exceed their visa days by less than 30 days may be declared undesirable and banned from South Africa for 1 year. For those who exceed their visa twice in 2 years to be banned for 2 years. For those who exceed their visas by more than 30 days to be banned for 5 years. An option of a fi ne is no longer applicable in these cases. These new sanctions have already had severe consequences for many otherwise law abiding persons and families. Several incidents have occurred where children have been declared undesirable due to their visas having been expired and not allowed to re-enter South Africa where they live with their families. In addition to concerns around the harshness of such sanctions, another additional concern may be raised with regards to the possible impact upon local jobs. Many of these cases have involved foreign business persons who have established businesses in South Africa. The regulations require 60% of such companies’ employees to be South African. A consequence of such cases may be that such business persons who are legally in South Africa but now have their children or spouses

company. This partial privatisation of a government service and one in which

ECONOMY

no added value is in direct opposition towards COSATU’s traditional call for a capacitated state. The new regulations are completely silent upon unskilled as well as migrant labour. The regulations provide for work visas for scarce skills. However these are jobs which both the employers and the Department of Labour have to certify that they are unable to fi nd persons with the relevant skills within South Africa. The South African Quali fi cations Authority (SAQA) is also required to certify the quali fi cations of the applications as well. The consequence of this silence and lack of accommodation is to simply