LATEST NEWS ON THE IMMIGRATION AMENDMENT ACT
1 November 2004
In previous updates I have outlined the situation regarding progress
which was being made, or not being made, with the Immigration Act
Amendment Bill.
Having passed through the National Assembly and then the National
Council of Provinces, the Draft Bill was forwarded on to the
President for signature some two months ago.
We have just been informed that the Bill has been signed and
accordingly now becomes law.
In terms of the transitional provisions no proclamation has yet been
issued and accordingly the Immigration Amendment Act will not come
into force before the Regulations which will govern its internal
workings have been finalised. Thereafter implementation will take
place at a date to be announced. It is not known when this date will
be.
As previously reported by me, the Draft Regulations are yet to be
brought into the public domain and are in fact currently being
reworked by the Task Team appointed by the Director-General to draw
the Regulations.
Once the re-drafted Regulations have been finalised in draft format
then they will have to be published for public comment, in terms of
an undertaking by the Director-General of Home Affairs Mr Barry
Gilder, to Parliament.
The Director General’s office has informed that a twenty-one day
comment period will follow whereafter the Draft Regulations will be
forwarded to the Immigration Advisory Board (the “IAB” )which will
have to advise the Minister of Home Affairs on these Draft
Regulations.
The final phase would then constitute signing off of the Regulations
by the Minister of Home Affairs and ultimate promulgation into
effect of the Immigration Amendment Act and the new Regulations.
It is impossible at this stage to predict when this will all take
place but it is unlikely that finality will be achieved in 2004.
Further updates will follow as soon as there is any news.
You are free to contact our office at any
time to make enquiries regarding the above.
JULIAN POKROY
IMMIGRATION AND NATIONALITY LAW SPECIALIST ATTORNEY
IMMIGRATION SA
Tel : (012) 460-3410 / 072 372 6007
Fax : (012) 346-1434
Cell : 082 558 5002
Web : www.immigration-sa.com
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