AMENDMENT OF AMENDMENT OF IMMIGRATION ACT 13 OF 2002 AND REFUGEES ACT 130 OF 1998
We, the undersigned citizens and residents of the Republic of South Africa, in terms of Section 17 (Right to Assemble, Demonstrate and Petition) and Section 56(d) of the Constitution Act 108 of 1996, hereby Petition the Portfolio Committeeon Home Affairs to urgently amend the Immigration Act and Refugees Act as follows:
OUR DEMANDS:
- NEW SECTION 21(1A) - PORT OF ENTRY RULE (MOST IMPORTANT): No person who entered the Republic illegally, or who has been in the Republic for more than 5 days without reporting to Refugee Reception Office at designated Port of Entry, shall be eligible to apply for asylum. Such person shall be dealt with as illegal foreigner under Section 34 and deported. Inland asylum applications from illegal migrants already in country are prohibited.
- SECTION 49(3) NEW: Increase penalty for employing illegal foreigners to not less than R500,000 or 2 years imprisonment. Second offence R1,000,000 or 5 years, Third offence revocation of business licence and 10 year ban from publibc procurement.
- SECTION 35(9) NEW: Remove 48-hour automatic release loophole. Where verification not completed, Immigration Officer must apply to Magistrate for extension max 14 days. Biometric mandatory.
- NEW SECTION 49A: Citizen Preference - Employers with 50+ employees must file annual affidavit that 80% are South African citizens, verified by DHA and SARS.
- SECTION 22: Strict conditions for asylum seekers - Permit valid for 3 months only, no automatic right to work until refugee status granted under Section 24, must reside at registered address, weekly reporting to DHA, biometric enrolment mandatory.
- DHA must finalize asylum claims within 90 days, appeal within 30 days only, failed applicants deported within 7 days. Increase DHA inspectorate budget 300% and appoint 5,000 Officers.