Assessing the perceived impact of the influx of illegal foreign nationals on service delivery and selected socio-economic conditions in Senqu local municipality in the Eastern Cape province

Abstract

Migration, and in particular migration of illegal foreign nationals (undocumented immigrants), which involves cross-border movement of neighbouring and non-adjoining countries in Africa and from other countries, is a widespread phenomenon within the Southern African context. There is a general perception in the context of South Africa (SA) that foreign migrants and illegal foreign nationals have a negative impact on cities and towns service delivery provision and other socio-economic matters. Since 1994, with the establishment of the new democratic dispensation in South Africa, foreign migrants were welcomed into the country, but it was important that all foreign migrants did so lawfully. Many migrants from politically unstable and war-torn countries in Africa migrate to South Africa seeking a better life and better living conditions and make it past South African borders, but as undocumented and illegal foreign nationals. Many of these illegal foreign nationals are forced to live on the fringes of South African cities and towns with limited protection and poor living conditions. Due to the presence of large numbers of foreign migrants, including illegal foreign nationals, two major incidents of xenophobic attacks took place in South Africa in 2008 and 2015. As a result of the two xenophobic attacks, the Department of Home Affairs (DHA) had to ensure that there was identification of all illegal foreign nationals, and in relevant circumstances, legal documentation or permits was provided to the undocumented migrants who qualified. The National Department of Home Affairs (DHA) Annual Report of 2017/2018 (2018:98) states that people from countries such as Angola, Zimbabwe and Lesotho are allowed to apply for work, business, study and retired permits as well as permits for relatives. These permits have a duration of four years. The main purpose of the study was to assess the perceived impact of illegal foreign nationals on selected socio- and economic conditions in Senqu Local Municipality, Eastern Cape Province. The study was based on a qualitative research approach and a descriptive case study design. The literature of the study shows that the governance of foreign migrants and illegal foreign nationals must take place in accordance with the Immigration Act (Act 13 of 2002) and the Immigration Amendment Act (Act 19 of 2004). The Border Management Authority Act, 2020 makes provision for the establishment of the Border Management Authority (BMA) with the aim to achieve an integrated border law enforcement at ports of entry, and to promote cooperation and coordination of border management.It is inferred in the study that the effective implementation of applicable legislation such as the Immigration Act, 2002, the Immigration Amendment Act, 2004 and the Border Management Act, 2020 remains a challenge to reduce the continued influx of illegal foreign nationals into South Africa. It is further emphasised in the literature of the study that the law enforcement authorities such as the BMA and other role players responsible for regulating the influx of legal and illegal foreign nationals into South Africa are working in silos, which has a further negative effect on the influx of illegal foreign nationals into the Senqu Local Municipal area. Furthermore, it is accentuated in the literature of the study that the Department of Statistics South Africa (Stats SA) have no confirmed reliable data available of the number of illegal foreign nationals living in South Africa. The incomplete and inconsistent data available on the number of illegal foreign nationals has an impact on the financial resources transferred from national and provincial governments to local government, which in turn, has a negative effect on a rural local municipality’s ability to provide effective basic service delivery or to address the socio-economic needs of local communities in an effective manner. The findings from the literature and the empirical study show that the presence of a large number of illegal foreign nationals has had a negative effect on selected socio-economic conditions such as access to health care services, housing, basic education and the provision of basic service delivery including the provision of water, electricity and sanitation services in the Senqu Local Municipal area. The findings from the study revealed that the continued influx of a large number of illegal foreign nationals in the Senqu Local Municipal area has compounded serious challenges in the provision of selected socio-economic conditions, namely health services, education opportunities, employment and job creation opportunities to local communities through local economic development (LED) and the provision of basic service delivery, such as electricity, water, sanitation and housing. Based on the literature and empirical research undertaken, recommendations are provided to improve the way that the Senqu Local Municipality and other mandated role players manage and regulate the influx of illegal foreign nationals into the area to ensure the promotion of the selected socio-and economic conditions of communities in the area. It is recommended that municipalities, including Senqu Local Municipality, have up- to- date by-laws aligned with the Constitution, 1996 and relevant legislation to address the challenges posed by the continued influx of illegal foreign nationals. The applicable legislation such as the Immigration Management Act, 2002 amendments and the Border Management Authority Act, 2020 must be effectively implemented and the relevant mandated role players must protect the borders. In addition, the BMA must manage all ports of entry in a sufficient manner to prevent illegal crossings of foreign nationals into Senqu Local Municipal Area. Furthermore, Senqu Local Municipality and relevant provincial departments must do more to address the negative effect of illegal foreign nationals on the socio-economic conditions including the provision of health care services, basic education, housing and basic service delivery such as the provision of water, electricity and sanitation in the area.