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South Africa’s Migrant Crisis Echoes Europe’s Strife

Protesters and police clash during the Foreign March where South Africans from different areas protested against illegal immigrants on February 24, 2017 in Pretoria, South Africa. Photo: Alet Pretorius/Gallo Images/Getty Images

South Africa’s Migrant Crisis Echoes Europe’s Strife

In Europe, immigration – often from Africa – tops the political agenda across the continent. But in South Africa, a migration crisis even more severe is taking root.

South Africa’s 1996 constitution is among the world’s most progressive, a document crafted in the post-apartheid environment of hope and aspiration which guarantees an unusually broad and vaguely worded swathe of human rights and protections designed to make the rainbow nation the most egalitarian and equal on earth.

Words, however, cannot trump economic reality, and thus, as with many such documents, the constitution which promised equality for all South Africans has singularly failed to achieve its aims. Thirty years after the end of white minority rule, the Republic of South Africa remains plagued by inequality, poverty, crime and racial discord.

One area where the constitution has had a major impact, however, is in the field of immigration. In a tale that will be recognizable to citizens of European democracies, South Africa’s immigration system has become an unwieldy morass of rights and counter-rights which render enforcement almost impossible.

Up until last month, migrants denied asylum had the functional right to enter endless new claims when their original application was denied, effectively making deportation and removals impossible. In 2019, for example, the South African Supreme Court ruled that a deportation could not take place if an asylum application was lodged, even if that application was lodged only after the deportation order was made. This meant that in many cases, removals of persons from South Africa became almost a legal impossibility.

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