LATEST DEVELOPMENTS ON THE DRAFT IMMIGRATION REGULATIONS
9 February 2005
The Draft Regulations published for comment on the 31st January 2005
under Gazette number 27228 required stakeholders and other
interested parties to furnish written input and recommendations in
writing by the 2nd March 2005 to the Minister of Home Affairs.
This deadline has now past and the Department of Home Affairs Task
Team is currently processing the written comment received. The
writer was part of the Law Society of South Africa and Law Society
of the Northern Provinces teams that drafted input on behalf of the
organised legal profession. The main focus on the input was to call
on the Minister of Home Affairs to remove some of the
administratively onerous provisions in the Draft Regulations and to
remove provisions not conducive to attracting skilled foreigners and
investors.
The next phase will be for the Departmental Task Team to
complete processing the comment and then for the Draft to be
amended, if necessary, and prepared for onward submission to the
Immigration Advisory Board (“the IAB”) for the Board to advise the
Minister in terms of Section 7 of the Immigration Act 13 of 2003.
The matter is then to be referred on to the Parliamentary Portfolio
Committee on Home Affairs.
Thereafter the final Draft has to be submitted to the to the Cabinet
for approval.
The Director-General’s office has advised that the process will take
another four to six weeks till promulgation of the Regulations
together with coming into operation of the Immigration Amendment Act
number 19 of 2004.
Both the Amendment Act and the Draft Regulations are available for
download off our website.
As soon as there are any developments then that info will be updated
to this website.
Should you require further information please do not hesitate to
e-mail us on
immigration@iafrica.com.
JULIAN POKROY
IMMIGRATION 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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