It must strengthen the government's capacity to act effectively. A rights-based approach is consistent with the Constitution and Bill of Rights. Because of our general commitment to a rights-based culture, the green paper is uncompromising on the need for a system that affords immigrants and migrants fair and reasonable administrative decisions, rights of appeal and review and the right to information. The challenge is to design a system that is practical, manageable and cost-effective, which admittedly is not easy. The focus on unauthorised immigrants rests on a critical distinction made between immigrants and migrants.
Immigrants are people who intend to stay or end up staying in South Africa permanently.
Migrants only wish to be here temporarily, such as most mineworkers, farm labourers and traders. Properly regulated by law, migrants pose little threat. The green paper recommends that we should ease up on bona fide migrants but toughen up on unauthorised immigrants. But toughening up must meet the critical test of effectiveness. Presently, the police waste enormous resources and energy hunting down people who are technically illegal and throwing them out of the country, only for them to return again - and again.